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House File 662 - IntroducedA Bill ForAn Act 1relating to the organization, structure, and
2functions of state government, providing for salaries of
3appointed state officers, providing for penalties, making
4appropriations, providing Code editor directives and
5transition provisions, and including applicability and
6effective date provisions.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2DEPARTMENT OF HEALTH AND HUMAN SERVICES
3 Section 1. Section 2.56, subsection 5, Code 2023, is amended
4to read as follows:
55. The legislative services agency, in cooperation with
6the division of department of health and human services as the
7agency responsible for criminal and juvenile justice planning
8of the department of human rights, shall develop a protocol for
9analyzing the impact of the legislation on minorities.
10 Sec. 2. Section 7A.3, subsection 1, paragraph c, Code 2023,
11is amended to read as follows:
12c. Director of the department of health and human services.
13 Sec. 3. Section 7A.30, subsection 1, Code 2023, is amended
14to read as follows:
151. Each state board, commission, department, and division
16of state government and each institution under the control
17of the department of health and human services, the Iowa
18department of corrections and the state board of regents
19and each division of the state department of transportation
20are responsible for keeping a written, detailed, up-to-date
21inventory of all real and personal property belonging to the
22state and under their charge, control, and management. The
23inventories shall be in the form prescribed by the director of
24the department of administrative services.
25 Sec. 4. Section 7D.29, subsection 3, Code 2023, is amended
26to read as follows:
273. The executive council shall receive requests from the
28Iowa department of public health and human services relative
29to the purchase, storing, and distribution of vaccines and
30medication for prevention, prophylaxis, or treatment. Upon
31review and after compliance with subsection 2, the executive
32council may approve the request and may authorize payment
33of the necessary expense. The expense authorized by the
34executive council under this subsection shall be paid from the
35appropriations referred to in subsection 1.
-1-1 Sec. 5. Section 7E.5, subsection 1, 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.504, subsection 3, Code 2023, is amended
9to read as follows:
103. In the case of multiple claims to payments filed
11under this section, priority shall be given to claims filed
12by the child support recovery unit services or the foster
13care recovery unit services, next priority shall be given to
14claims filed by the clerk of the district court, next priority
15shall be given to claims filed by the college student aid
16commission, next priority shall be given to claims filed by the
17investigations division of the department of inspections and
18appeals, and last priority shall be given to claims filed by
19other public agencies. In the case of multiple claims in which
20the priority is not otherwise provided by this subsection,
21priority shall be determined in accordance with rules to be
22established by the director.
23 Sec. 12. Section 8A.512, subsection 1, paragraph b,
24subparagraph (2), Code 2023, is amended to read as follows:
25(2) Claims for medical assistance payments authorized under
26chapter 249A are subject to the time limits imposed by rule
27adopted by the department of health and human services.
28 Sec. 13. Section 10A.108, Code 2023, is amended to read as
29follows:
3010A.108 Improper health and human services entitlement
31benefits or provider payments — debt, lien, collection.
321. a. If a person refuses or neglects to repay benefits or
33provider payments inappropriately obtained from the department
34of health and human services, the amount inappropriately
35obtained, including any interest, penalty, or costs attached
-5-1to the amount, constitutes a debt and is a lien in favor of the
2state upon all property and any rights or title to or interest
3in property, whether real or personal, belonging to the person
4for the period established in subsection 2, with the exception
5of property which is exempt from execution pursuant to chapter
6627.
7b. A lien under this section shall not attach to any amount
8of inappropriately obtained benefits or provider payments, or
9portions of the benefits or provider payments, attributable to
10errors by the department of health and human services. Liens
11shall only attach to the amounts of inappropriately obtained
12benefits or provider payments or portions of the benefits or
13provider payments which were obtained due to false, misleading,
14incomplete, or inaccurate information submitted by a person in
15connection with the application for or receipt of benefits or
16provider payments.
172. a. The lien attaches at the time the notice of the
18lien is filed under subsection 3, and continues for ten years
19from that date, unless released or otherwise discharged at an
20earlier time.
21b. The lien may be extended, within ten years from the
22date of attachment, if a person files a notice with the county
23recorder or other appropriate county official of the county
24in which the property is located at the time of filing the
25extension. From the time of the filing of the notice, the lien
26period shall be extended for ten years to apply to the property
27in the county in which the notice is filed, unless released
28or otherwise discharged at an earlier time. The number of
29extensions is not limited.
30c. The director department shall discharge any lien which is
31allowed to lapse and may charge off any account and release the
32corresponding lien before the lien has lapsed if the director
33 department determines, under uniform rules prescribed by the
34director, that the account is uncollectible or collection costs
35involved would not warrant collection of the amount due.
-6- 13. To preserve the lien against subsequent mortgagees,
2purchasers, or judgment creditors, for value and without notice
3of the lien, on any property located in a county, the director
4shall file a notice of the lien with the recorder of the county
5in which the property is located at the time of filing of the
6notice.
74. The county recorder of each county shall prepare
8and maintain in the recorder’s office an index of liens of
9debts established based upon benefits or provider payments
10inappropriately obtained from and owed the department of health
11and human services, containing the applicable entries specified
12in sections 558.49 and 558.52, and providing appropriate
13columns for all of the following data, under the names of
14debtors, arranged alphabetically:
15a. The name of the debtor.
16b. “State of Iowa, Department of Health and Human Services”
17as claimant.
18c. The time that the notice of the lien was filed for
19recording.
20d. The date of notice.
21e. The amount of the lien currently due.
22f. The date of the assessment.
23g. The date of satisfaction of the debt.
24h. Any extension of the time period for application of the
25lien and the date that the notice for extension was filed.
265. The recorder shall endorse on each notice of lien the day
27and time filed for recording and the document reference number,
28and shall preserve the notice. The recorder shall index the
29notice and shall record the lien in the manner provided for
30recording real estate mortgages. The lien is effective from
31the time of the indexing.
326. The department shall pay, from moneys appropriated to
33the department for this purpose, recording fees as provided in
34section 331.604, for the recording of the lien.
357. Upon payment of a debt for which the director department
-7-1 has filed notice with a county recorder, the director
2 department shall provide to the debtor a satisfaction of
3the debt. The debtor shall be responsible for filing the
4satisfaction of the debt with the recorder and the recorder
5shall enter the satisfaction on the notice on file in the
6recorder’s office.
78. The department of inspections, and appeals, and
8licensing, as provided in this chapter and chapter 626, shall
9proceed to collect all debts owed the department of health and
10 human services as soon as practicable after the debt becomes
11delinquent. If service has not been made on a distress warrant
12by the officer to whom addressed within five days from the
13date the distress warrant was received by the officer, the
14authorized investigators of the department of inspections, and
15 appeals, and licensing may serve and make return of the warrant
16to the clerk of the district court of the county named in the
17distress warrant, and all subsequent procedures shall be in
18compliance with chapter 626.
199. The distress warrant shall be in a form as prescribed
20by the director, shall be directed to the sheriff of the
21appropriate county, and shall identify the debtor, the type
22of debt, and the delinquent amount. The distress warrant
23shall direct the sheriff to distrain, seize, garnish, or levy
24upon, and sell, as provided by law, any real or personal
25property belonging to the debtor to satisfy the amount of the
26delinquency plus costs. The distress warrant shall also direct
27the sheriff to make due and prompt return to the department
28or to the district court under chapter 626 of all amounts
29collected.
3010. The attorney general, upon the request of the director
31of inspections, and appeals, and licensing, shall bring an
32action, as the facts may justify, without bond, to enforce
33payment of any debts under this section, and in the action
34the attorney general shall have the assistance of the county
35attorney of the county in which the action is pending.
-8- 111. The remedies of the state shall be cumulative and no
2action taken by the director of inspections, and appeals, and
3licensing or attorney general shall be construed to be an
4election on the part of the state or any of its officers to
5pursue any remedy to the exclusion of any other remedy provided
6by law.
7 Sec. 14. Section 10A.402, subsections 4 and 5, Code 2023,
8are amended to read as follows:
94. Investigations and collections relative to the
10liquidation of overpayment debts owed to the department of
11health and human services. Collection methods include but are
12not limited to small claims filings, debt setoff, distress
13warrants, and repayment agreements, and are subject to approval
14by the department of health and human services.
155. Investigations relative to the administration of the
16state supplementary assistance program, the state medical
17assistance program, the food stamp supplemental nutrition
18assistance program, the family investment program, and any
19other state or federal benefit assistance program.
20 Sec. 15. Section 11.5B, Code 2023, is amended to read as
21follows:
2211.5B Repayment of audit expenses by state departments and
23agencies.
24The auditor of state shall be reimbursed by a department
25or agency for performing audits or examinations of the
26following state departments or agencies, or funds received by
27a department or agency:
281. Department of commerce.
292. Department of health and human services.
303. State department of transportation.
314. Iowa department of public health.
325. 4. State board of regents.
336. 5. Department of agriculture and land stewardship.
347. 6. Iowa veterans home.
358. 7. Department of education.
-9- 19. 8. Department of workforce development.
210. 9. Department of natural resources.
311. 10. Offices of the clerks of the district court of the
4judicial branch.
512. 11. The Iowa public employees’ retirement system.
613. 12. Federal financial assistance, as defined in the
7federal Single Audit Act, 31 U.S.C. §7501, et seq., received by
8all other departments.
914. 13. Department of administrative services.
1015. 14. Office of the chief information officer of the
11department of management.
12 Sec. 16. Section 11.6, subsection 1, paragraph b, Code 2023,
13is amended to read as follows:
14b. The financial condition and transactions of community
15mental health centers organized under chapter 230A, substance
16abuse use disorder programs organized under chapter 125, and
17community action agencies organized under chapter 216A, shall
18be audited at least once each year.
19 Sec. 17. Section 12.10, Code 2023, is amended to read as
20follows:
2112.10 Deposits by state officers.
22Except as otherwise provided, all elective and appointive
23state officers, boards, commissions, and departments shall,
24within ten days succeeding the collection, deposit with the
25treasurer of state, or to the credit of the treasurer of state
26in any depository designated by the treasurer of state, ninety
27percent of all fees, commissions, and moneys collected or
28received. The balance actually collected in cash, remaining
29in the hands of any officer, board, or department shall not
30exceed the sum of five thousand dollars and money collected
31shall not be held more than thirty days. This section does not
32apply to the state fair board, the state board of regents, the
33utilities board of the department of commerce, the director of
34the department of health and human services, the Iowa finance
35authority, or to the funds received by the state racing and
-10-1gaming commission under sections 99D.7 and 99D.14.
2 Sec. 18. Section 12E.3A, subsection 1, Code 2023, is amended
3to read as follows:
41. The general assembly reaffirms and reenacts the purposes
5stated for the use of moneys deposited in the healthy Iowans
6tobacco trust, as the purposes were enacted in 2000 Iowa Acts,
7ch.1232, §12, and codified in section 12.65, Code 2007, as
8the purposes for the endowment for Iowa’s health account.
9The purposes include those purposes related to health care,
10substance abuse use disorder treatment and enforcement, tobacco
11use prevention and control, and other purposes related to the
12needs of children, adults, and families in the state.
13 Sec. 19. Section 15.102, subsection 12, paragraph b,
14subparagraph (1), subparagraph division (d), Code 2023, is
15amended to read as follows:
16(d) Psychoactive substance abuse use disorders resulting
17from current illegal use of drugs.
18 Sec. 20. Section 15H.1A, Code 2023, is amended to read as
19follows:
2015H.1A Definitions.
21For purposes of this chapter, unless the context otherwise
22requires:
231. “Authority” means the economic development authority
24created in section 15.105.
252. 1. “Commission” means the Iowa commission on volunteer
26service created in section 15H.2.
272. “Department” means the department of health and human
28services.
293. “Director” means the director of the authority health and
30human services.
31 Sec. 21. Section 15H.2, subsection 1, Code 2023, is amended
32to read as follows:
331. The Iowa commission on volunteer service is created
34within the authority department. The governor shall appoint
35the commission’s members. The director may employ personnel
-11-1as necessary to carry out the duties and responsibilities of
2the commission.
3 Sec. 22. Section 15H.2, subsection 3, paragraph i, Code
42023, is amended to read as follows:
5i. Administer the retired and senior volunteer program.
6 Sec. 23. Section 15H.4, subsection 1, Code 2023, is amended
7to read as follows:
81. The authority department shall serve as the lead agency
9for administration of the commission. The authority department
10 may consult with the department of education, the state board
11of regents, and the department of workforce development for any
12additional administrative support as necessary to fulfill the
13duties of the commission. All other state agencies, at the
14request of the authority department, shall provide assistance
15to the commission to ensure a fully coordinated state effort
16for promoting national and community service.
17 Sec. 24. Section 15H.5, subsection 5, paragraph a, Code
182023, is amended to read as follows:
19a. Funding for the Iowa summer youth corps program, the
20Iowa green corps program established pursuant to section
2115H.6, the Iowa reading corps program established pursuant to
22section 15H.7, the RefugeeRISE AmeriCorps program established
23pursuant to section 15H.8, and the Iowa national service
24corps program established pursuant to section 15H.9 shall be
25obtained from private sector, and local, state, and federal
26government sources, or from other available funds credited
27to the community programs account, which shall be created
28within the economic development authority department under the
29authority of the commission. Moneys available in the account
30for a fiscal year are appropriated to the commission to be
31used for the programs. The commission may establish an escrow
32account within the authority department and obligate moneys
33within that escrow account for tuition or program payments to
34be made beyond the term of any fiscal year. Notwithstanding
35section 12C.7, subsection 2, interest earned on moneys in the
-12-1community programs account shall be credited to the account.
2Notwithstanding section 8.33, moneys in the community programs
3account or escrow account shall not revert to the general fund
4but shall remain available for expenditure in future fiscal
5years.
6 Sec. 25. Section 15H.8, Code 2023, is amended to read as
7follows:
815H.8 RefugeeRISE AmeriCorps program.
91. a. The commission, in collaboration with the department
10of human services, shall establish a Refugee Rebuild,
11Integrate, Serve, Empower (RefugeeRISE) AmeriCorps program
12to increase community integration and engagement for diverse
13refugee communities in rural and urban areas across the state.
14b. The commission, in collaboration with the department
15of human services, may adopt rules pursuant to chapter 17A to
16implement and administer this section.
172. The commission may use moneys in and lawfully available
18to the community programs account created in section 15H.5 to
19fund the program.
203. The commission shall submit an annual report to the
21general assembly and the department of human services relating
22to the efficacy of the program.
23 Sec. 26. Section 15H.10, subsection 6, Code 2023, is amended
24to read as follows:
256. Notwithstanding section 8.33, moneys appropriated to
26the economic development authority department for allocation
27to the commission for purposes of this section that remain
28unencumbered or unobligated at the close of a fiscal year
29shall not revert but shall remain available to be used for the
30purposes designated in this section until the close of the
31succeeding fiscal year.
32 Sec. 27. Section 16.2D, subsection 1, Code 2023, is amended
33to read as follows:
341. A council on homelessness is created consisting of twenty
35members, eleven of whom are voting members and nine of whom are
-13-1nonvoting members. At all times, at least one voting member
2shall be a member of a minority group.
3 Sec. 28. Section 16.2D, subsection 2, paragraph b, Code
42023, is amended to read as follows:
5b. Nine nonvoting Nonvoting agency director members
6consisting of all of the following:
7(1) The director of the department of education or the
8director’s designee.
9(2) The director of health and human services or the
10director’s designee.
11(3) The attorney general or the attorney general’s
12designee.
13(4) The director of public health or the director’s
14designee.
15(5) The director of the department on aging or the
16director’s designee.
17(6) (4) The director of the department of corrections or
18the director’s designee.
19(7) (5) The director of the department of workforce
20development or the director’s designee.
21(8) (6) The executive director of the Iowa finance
22authority or the executive director’s designee.
23(9) (7) The director of the department of veterans affairs
24or the director’s designee.
25 Sec. 29. Section 16.3, subsection 9, Code 2023, is amended
26to read as follows:
279. The interest costs paid by group homes of fifteen beds or
28less licensed as health care facilities or child foster care
29facilities for facility acquisition and indirectly reimbursed
30by the department of health and human services through payments
31for patients at those facilities who are recipients of medical
32assistance or state supplementary assistance are severe drains
33on the state’s budget. A reduction in these costs obtained
34through financing with tax-exempt revenue bonds would clearly
35be in the public interest.
-14-1 Sec. 30. Section 16.47, subsection 3, Code 2023, is amended
2to read as follows:
33. The authority, in cooperation with the department on
4aging of health and human services, shall annually allocate
5moneys available in the home and community-based services
6revolving loan program fund to develop and expand facilities
7and infrastructure that provide adult day services, respite
8services, congregate meals, and programming space for health
9and wellness, health screening, and nutritional assessments
10that address the needs of persons with low incomes.
11 Sec. 31. Section 16.48, subsections 1 and 3, Code 2023, are
12amended to read as follows:
131. A transitional housing revolving loan program fund is
14created within the authority to further the availability of
15affordable housing for parents that are reuniting with their
16children while completing or participating in substance abuse
17 use disorder treatment. The moneys in the fund are annually
18appropriated to the authority to be used for the development
19and operation of a revolving loan program to provide financing
20to construct affordable transitional housing, including through
21new construction or acquisition and rehabilitation of existing
22housing. The housing provided shall be geographically located
23in close proximity to licensed substance abuse use disorder
24 treatment programs. Preference in funding shall be given to
25projects that reunite mothers with the mothers’ children.
263. The authority shall annually allocate moneys available
27in the transitional housing revolving loan program fund for the
28development of affordable transitional housing for parents that
29are reuniting with the parents’ children while completing or
30participating in substance abuse use disorder treatment. The
31authority shall develop a joint application process for the
32allocation of federal low-income housing tax credits and the
33funds available under this section. Moneys allocated to such
34projects may be in the form of loans, grants, or a combination
35of loans and grants.
-15-1 Sec. 32. Section 16.49, subsection 4, Code 2023, is amended
2to read as follows:
34. a. A project shall demonstrate written approval of the
4project by the department of health and human services to the
5authority prior to application for funding under this section.
6b. In order to be approved by the department of health and
7 human services for application for funding for development of
8permanent supportive housing under this section, a project
9shall include all of the following components:
10(1) Provision of services to any of the following Medicaid
11waiver-eligible individuals:
12(a) Individuals who are currently underserved in community
13placements, including individuals who are physically aggressive
14or have behaviors that are difficult to manage or individuals
15who meet the psychiatric medical institution for children level
16of care.
17(b) Individuals who are currently residing in out-of-state
18facilities.
19(c) Individuals who are currently receiving care in a
20licensed health care facility.
21(2) A plan to provide each individual with crisis
22stabilization services to ensure that the individual’s
23behavioral issues are appropriately addressed by the provider.
24(3) Policies and procedures that prohibit discharge of the
25individual from the waiver services provided by the project
26provider unless an alternative placement that is acceptable to
27the client or the client’s guardian is identified.
28c. In order to be approved by the department of health and
29 human services for application for funding for development of
30infrastructure in which to provide supportive services under
31this section, a project shall include all of the following
32components:
33(1) Provision of services to Medicaid waiver-eligible
34individuals who meet the psychiatric medical institution for
35children level of care.
-16- 1(2) Policies and procedures that prohibit discharge of the
2individual from the waiver services provided by the project
3provider unless an alternative placement that is acceptable to
4the client or the client’s guardian is identified.
5d. Housing provided through a project under this section is
6exempt from the requirements of chapter 135O.
7 Sec. 33. Section 22.7, subsections 2, 16, 35, 61, and 62,
8Code 2023, are amended to read as follows:
92. Hospital records, medical records, and professional
10counselor records of the condition, diagnosis, care, or
11treatment of a patient or former patient or a counselee or
12former counselee, including outpatient. However, confidential
13communications between a crime victim and the victim’s
14counselor are not subject to disclosure except as provided in
15section 915.20A. However, the Iowa department of public health
16and human services shall adopt rules which provide for the
17sharing of information among agencies and providers concerning
18the maternal and child health program including but not limited
19to the statewide child immunization information system, while
20maintaining an individual’s confidentiality.
2116. Information in a report to the Iowa department of public
22 health and human services, to a local board of health, or to
23a local health department, which identifies a person infected
24with a reportable disease.
2535. Records of the Iowa department of public health and
26human services pertaining to participants in the gambling
27treatment program except as otherwise provided in this chapter.
2861. Records of the department on aging of health and human
29services pertaining to clients served by the state office or a
30local office of public guardian as defined in section 231E.3.
3162. Records maintained by the department on aging of health
32and human services or office of long-term care ombudsman that
33disclose the identity of a complainant, resident, tenant, or
34individual receiving services provided by the department on
35aging of health and human services, an area agency on aging,
-17-1or the office of long-term care ombudsman, unless disclosure
2is otherwise allowed under section 231.42, subsection 12,
3paragraph “a”.
4 Sec. 34. Section 23A.2, subsection 10, paragraph l,
5unnumbered paragraph 1, Code 2023, is amended to read as
6follows:
7The offering of goods and services to the public as part
8of a client training program operated by a state resource
9center under the control of the department of health and human
10services provided that all of the following conditions are met:
11 Sec. 35. Section 23A.2, subsection 10, paragraph l,
12subparagraph (1), Code 2023, is amended to read as follows:
13(1) Any off-campus vocational or employment training
14program developed or operated by the department of health and
15 human services for clients of a state resource center is a
16supported vocational training program or a supported employment
17program offered by a community-based provider of services or
18other employer in the community.
19 Sec. 36. Section 28M.1, subsection 7, Code 2023, is amended
20to read as follows:
217. “Transportation” means the movement of individuals in
22a four or more wheeled motorized vehicle designed to carry
23passengers, including a car, van, or bus, or the carrying
24of individuals upon cars operated upon stationary rails,
25between one geographic point and another geographic point.
26“Transportation” does not include emergency or incidental
27transportation or transportation conducted by the department of
28health and human services at its institutions.
29 Sec. 37. Section 35A.5, subsection 5, paragraph a, Code
302023, is amended to read as follows:
31a. Coordinate with United States department of veterans
32affairs hospitals, health care facilities, and clinics in this
33state and the department of public health and human services
34 to provide assistance to veterans and their families to reduce
35the incidence of alcohol and chemical dependency and suicide
-18-1among veterans and to make mental health counseling available
2to veterans.
3 Sec. 38. Section 35D.14A, Code 2023, is amended to read as
4follows:
535D.14A Volunteer record checks.
61. Persons who are potential volunteers or volunteers in
7the Iowa veterans home in a position having direct individual
8contact with patients or residents of the home shall be subject
9to criminal history and child and dependent adult abuse record
10checks in accordance with this section. The Iowa veterans home
11shall request that the department of public safety perform the
12criminal history check and the record check evaluation system
13of the department of health and human services perform child
14and dependent adult abuse record checks of the person in this
15state and may request these checks in other states.
162. a. If it is determined that a person has been convicted
17of a crime under a law of any state or has a record of
18founded child or dependent adult abuse, the person shall not
19participate as a volunteer with direct individual contact
20with patients or residents of the Iowa veterans home unless
21an evaluation has been performed by the department of human
22services record check evaluation system to determine whether
23the crime or founded child or dependent adult abuse warrants
24prohibition of the person’s participation as a volunteer in the
25Iowa veterans home. The department of human services record
26check evaluation system shall perform such evaluation upon the
27request of the Iowa veterans home.
28b. In an evaluation, the department of human services
29 record check evaluation system shall consider the nature and
30seriousness of the crime or founded child or dependent adult
31abuse in relation to the position sought or held, the time
32elapsed since the commission of the crime or founded child or
33dependent adult abuse, the circumstances under which the crime
34or founded child or dependent adult abuse was committed, the
35degree of rehabilitation, the likelihood that the person will
-19-1commit the crime or founded child or dependent adult abuse
2again, and the number of crimes or founded child or dependent
3adult abuses committed by the person involved.
4c. If the department of human services record check
5evaluation system performs an evaluation for the purposes of
6this section, the department of human services record check
7evaluation system has final authority in determining whether
8prohibition of the person’s participation as a volunteer is
9warranted. The department of human services record check
10evaluation system may permit a person who is evaluated to
11participate as a volunteer if the person complies with the
12department’s record check evaluation system’s conditions
13relating to participation as a volunteer which may include
14completion of additional training.
15 Sec. 39. Section 47.7, subsection 2, paragraph a, Code 2023,
16is amended to read as follows:
17a. On or before January 1, 2006, the state registrar of
18voters shall implement in a uniform and nondiscriminatory
19manner, a single, uniform, official, centralized, interactive
20computerized statewide voter registration file defined,
21maintained, and administered at the state level that contains
22the name and registration information of every legally
23registered voter in the state and assigns a unique identifier
24to each legally registered voter in the state. The state voter
25registration system shall be coordinated with other agency
26databases within the state, including, but not limited to,
27state department of transportation driver’s license records,
28judicial records of convicted felons and persons declared
29incompetent to vote, and Iowa department of public health and
30human services records of deceased persons.
31 Sec. 40. Section 48A.19, subsection 1, Code 2023, is amended
32to read as follows:
331. The following state agencies are responsible for voter
34registration:
35a. All state offices that have direct client contact and
-20-1provide applications for public assistance, including but not
2limited to offices administering the following programs:
3(1) Food stamps The supplemental nutrition assistance
4program.
5(2) Medical The medical assistance program under chapter
6249A.
7(3) Iowa The Iowa family investment program.
8(4) Special The special supplemental nutrition program for
9women, infants, and children.
10b. (1) All offices that provide state-funded programs
11primarily engaged in providing services to persons with
12disabilities, including but not limited to all of the
13following:
14(a) Department for the blind.
15(b) Division of vocational rehabilitation services of the
16department of education workforce development.
17(c) Office of deaf services of the department of health and
18 human rights services or its successor agency.
19(d) Office of persons with disabilities of the department of
20health and human rights services or its successor agency.
21(2) An agency designated a voter registration agency
22under this paragraph which provides services to persons with
23disabilities in their homes shall provide voter registration
24services at the clients’ homes.
25c. Other federal and state agencies designated to provide
26voter registration services include, but are not limited to,
27the United States armed forces recruiting offices.
28 Sec. 41. Section 48A.31, Code 2023, is amended to read as
29follows:
3048A.31 Deceased persons record.
31The state registrar of vital statistics shall transmit
32or cause to be transmitted to the state registrar of voters,
33once each calendar quarter, a certified list of all persons
34seventeen years of age and older in the state whose deaths have
35been reported to the bureau state registrar of vital records
-21-1of the Iowa department of public health statistics since the
2previous list of decedents was certified to the state registrar
3of voters. The list shall be submitted according to the
4specifications of the state registrar of voters and shall be
5transmitted to the state registrar of voters without charge
6for production or transmission. The commissioner shall, in
7the month following the end of a calendar quarter, run the
8statewide voter registration system’s matching program to
9determine whether a listed decedent was registered to vote in
10the county and shall immediately cancel the registration of any
11person named on the list of decedents.
12 Sec. 42. Section 68B.2, subsection 23, Code 2023, is amended
13to read as follows:
1423. “Regulatory agency” means the department of agriculture
15and land stewardship, department of workforce development,
16department of commerce, Iowa department of public health,
17 department of public safety, department of education, state
18board of regents, department of health and human services,
19department of revenue, department of inspections and appeals,
20department of administrative services, public employment
21relations board, state department of transportation, civil
22rights commission, department of public defense, department of
23homeland security and emergency management, Iowa ethics and
24campaign disclosure board, and department of natural resources.
25 Sec. 43. Section 80.9B, subsections 3 and 7, Code 2023, are
26amended to read as follows:
273. The provisions of chapter 141A also do not apply to
28the transmission of the same information from either or
29both information systems to employees of state correctional
30institutions subject to the jurisdiction of the department
31of corrections, employees of secure facilities for juveniles
32subject to the jurisdiction of the department of health and
33 human services, and employees of city and county jails, if
34those employees have direct physical supervision over inmates
35of those facilities or institutions.
-22- 17. The commissioner shall develop and establish, in
2cooperation with the department of corrections and the
3department of public health and human services, training
4programs and program criteria for persons receiving human
5immunodeficiency virus-related information through the Iowa
6criminal justice information system or the national crime
7information center system.
8 Sec. 44. Section 80.28, subsection 2, paragraph a,
9subparagraph (6), Code 2023, is amended to read as follows:
10(6) One member representing the Iowa department of public
11 health and human services.
12 Sec. 45. Section 80B.11C, Code 2023, is amended to read as
13follows:
1480B.11C Public safety telecommunicator training standards.
15The director of the academy, subject to the approval of
16the council, in consultation with the Iowa state sheriffs’
17and deputies’ association, the Iowa police executive forum,
18the Iowa peace officers association, the Iowa state police
19association, the Iowa professional fire fighters, the Iowa
20emergency medical services association, the joint council of
21Iowa fire service organizations, the Iowa department of public
22safety, the Iowa chapter of the association of public-safety
23communications officials—international, inc., the Iowa chapter
24of the national emergency number association, the department
25of homeland security and emergency management, and the Iowa
26 department of public health and human services, shall adopt
27rules pursuant to chapter 17A establishing minimum standards
28for training of public safety telecommunicators. “Public
29safety telecommunicator” means a person who serves as a first
30responder by receiving requests for, or by dispatching requests
31to, emergency response agencies which include but are not
32limited to law enforcement, fire, rescue, and emergency medical
33services agencies.
34 Sec. 46. Section 80E.2, Code 2023, is amended to read as
35follows:
-23- 180E.2 Drug policy advisory council — membership — duties.
21. An Iowa drug policy advisory council is established which
3shall consist of the following seventeen members:
4a. The drug policy coordinator director, who shall serve as
5chairperson of the council.
6b. The director of the department of corrections, or the
7director’s designee.
8c. The director of the department of education, or the
9director’s designee.
10d. The director of the department of public health and human
11services, or the director’s designee.
12e. The commissioner of public safety, or the commissioner’s
13designee.
14f. The director of the department of human services, or the
15director’s designee.
16g. The director of the division of criminal and juvenile
17justice planning in the department of human rights, or the
18division director’s designee.
19h. f. The state public defender, or the state public
20defender’s designee.
21i. g. A prosecuting attorney.
22j. h. A certified alcohol and drug counselor.
23k. i. A certified substance abuse use disorder prevention
24specialist.
25l. j. A substance use disorder treatment program director.
26m. k. A justice of the Iowa supreme court, or judge, as
27designated by the chief justice of the supreme court.
28n. l. A member representing the Iowa peace officers
29association.
30o. m. A member representing the Iowa state police
31association.
32p. n. A member representing the Iowa state sheriffs’ and
33deputies’ association.
34q. o. A police chief.
352. The prosecuting attorney, certified alcohol and drug
-24-1counselor, certified substance abuse use disorder prevention
2specialist, substance use disorder treatment program director,
3member representing the Iowa peace officers association,
4member representing the Iowa state police association, the
5member representing the Iowa state sheriffs’ and deputies’
6association, and the member who is a police chief shall be
7appointed by the governor, subject to senate confirmation, for
8four-year terms beginning and ending as provided in section
969.19. A vacancy on the council shall be filled for the
10unexpired term in the same manner as the original appointment
11was made.
123. The council shall make policy recommendations to
13the appropriate departments concerning the administration,
14development, and coordination of programs related to substance
15abuse use disorder education, prevention, treatment, and
16enforcement.
174. The members of the council shall be reimbursed for actual
18and necessary travel and related expenses incurred in the
19discharge of official duties. Each member of the council may
20also be eligible to receive compensation as provided in section
217E.6.
225. The council shall meet at least semiannually throughout
23the year.
246. A majority of the members of the council constitutes a
25quorum, and a majority of the total membership of the council
26is necessary to act in any matter within the jurisdiction of
27the council.
28 Sec. 47. Section 84A.1A, subsection 1, paragraph b, Code
292023, is amended to read as follows:
30b. The nonvoting members of the Iowa workforce development
31board shall include the following:
32(1) One state senator appointed by the minority leader of
33the senate, who shall serve for a term as provided in section
3469.16B.
35(2) One state representative appointed by the minority
-25-1leader of the house of representatives, who shall serve for a
2term as provided in section 69.16B.
3(3) One president, or the president’s designee, of the
4university of northern Iowa, the university of Iowa, or Iowa
5state university of science and technology, designated by the
6state board of regents on a rotating basis.
7(4) One president, or the president’s designee, of an
8independent Iowa college, appointed by the Iowa association of
9independent colleges and universities.
10(5) One president or president’s designee, of a community
11college, appointed by the Iowa association of community college
12presidents.
13(6) One representative of the economic development
14authority, appointed by the director.
15(7) One representative of the department on aging,
16appointed by the director.
17(8) (7) One representative of the department of
18corrections, appointed by the director.
19(9) (8) One representative of the department of health and
20 human services, appointed by the director.
21(10) (9) One representative of the United States department
22of labor, office of apprenticeship.
23(11) (10) One representative from the largest statewide
24public employees’ organization representing state employees.
25(12) (11) One representative of a statewide labor
26organization representing employees in the construction
27industry.
28(13) (12) One representative of a statewide labor
29organization representing employees in the manufacturing
30industry.
31 Sec. 48. Section 84A.6, subsections 2 and 3, Code 2023, are
32amended to read as follows:
332. a. The director of the department of workforce
34development, in cooperation with the department of health
35and human services, shall provide job placement and training
-26-1to persons referred by the department of health and human
2services under the promoting independence and self-sufficiency
3through employment job opportunities and basic skills program
4established pursuant to chapter 239B and the food stamp
5 supplemental nutrition assistance program employment and
6training program.
7b. The department of workforce development, in consultation
8with the department of health and human services, shall develop
9and implement departmental recruitment and employment practices
10that address the needs of former and current participants in
11the family investment program under chapter 239B.
123. The director of the department of workforce development,
13in cooperation with the department of health and human rights
14 services and the vocational rehabilitation services division
15of the department of education workforce development, shall
16establish a program to provide job placement and training to
17persons with disabilities.
18 Sec. 49. Section 84A.9, Code 2023, is amended to read as
19follows:
2084A.9 Statewide mentoring program.
21A statewide mentoring program is established to recruit,
22screen, train, and match individuals in a mentoring
23relationship. The department of workforce development shall
24administer the program in collaboration with the departments
25of health and human services, and education, and human rights.
26The availability of the program is subject to the funding
27appropriated for the purposes of the program.
28 Sec. 50. Section 84A.11, subsection 2, Code 2023, is amended
29to read as follows:
302. The department of workforce development shall consult
31with the board of nursing, the department of public health
32and human services, the department of education, and other
33appropriate entities in developing recommendations to determine
34options for additional data collection.
35 Sec. 51. Section 84B.1, Code 2023, is amended to read as
-27-1follows:
284B.1 Workforce development system.
3The departments of workforce development, education,
4health and human services, and corrections, the economic
5development authority, the department on aging, the division
6of Iowa vocational rehabilitation services of the department
7of education workforce development, and the department for
8the blind shall collaborate where possible under applicable
9state and federal law to align workforce development programs,
10services, and activities in an integrated workforce development
11system in the state and in each local workforce development
12area that is data driven and responsive to the needs of
13workers, job seekers, and employers. The departments,
14authority, and division shall also jointly establish an
15integrated management information system for linking workforce
16development programs within local workforce development systems
17and in the state.
18 Sec. 52. Section 84B.2, unnumbered paragraph 1, Code 2023,
19is amended to read as follows:
20The department of workforce development, in consultation
21with the departments of education, health and human services,
22and corrections, the economic development authority,
23the department on aging, the division of Iowa vocational
24rehabilitation services of the department of education
25 workforce development, and the department for the blind
26shall establish guidelines for colocating state and federal
27employment and training programs in centers providing services
28at the local level. The centers shall be known as workforce
29development centers. The guidelines shall provide for local
30design and operation within the guidelines. The core services
31available at a center shall include but are not limited to all
32of the following:
33 Sec. 53. Section 85.38, subsection 4, Code 2023, is amended
34to read as follows:
354. Lien for hospital and medical services under chapter
-28-1249A. In the event any hospital or medical services as provided
2in section 85.27 are paid by the state department of health and
3 human services on behalf of an employee who is entitled to such
4benefits under the provisions of this chapter or chapter 85A or
585B, a lien shall exist as respects the right of such employee
6to benefits as described in section 85.27.
7 Sec. 54. Section 85.60, Code 2023, is amended to read as
8follows:
985.60 Injuries while in work-based learning opportunity,
10employment training, or evaluation.
11A person participating in a work-based learning opportunity
12referred to in section 85.61, or receiving earnings while
13engaged in employment training or while undergoing an
14employment evaluation under the direction of a rehabilitation
15facility approved for purchase-of-service contracts or for
16referrals by the department of health and human services or the
17department of education, who sustains an injury arising out
18of and in the course of the work-based learning opportunity
19participation, employment training, or employment evaluation
20is entitled to benefits as provided in this chapter, chapter
2185A, chapter 85B, and chapter 86. Notwithstanding the minimum
22benefit provisions of this chapter, a person referred to in
23this section and entitled to benefits under this chapter is
24entitled to receive a minimum weekly benefit amount for a
25permanent partial disability under section 85.34, subsection
262, or for a permanent total disability under section 85.34,
27subsection 3, equal to the weekly benefit amount of a person
28whose gross weekly earnings are thirty-five percent of the
29statewide average weekly wage computed pursuant to section 96.3
30and in effect at the time of the injury.
31 Sec. 55. Section 85.61, subsection 3, paragraph b, Code
322023, is amended to read as follows:
33b. A rehabilitation facility approved for
34purchase-of-service contracts or for referrals by the
35department of health and human services or the department of
-29-1education.
2 Sec. 56. Section 85A.11, subsection 2, Code 2023, is amended
3to read as follows:
42. The specimens for the tests required by this section
5must be taken by a licensed practicing physician or osteopathic
6physician, and immediately delivered to the state hygienic
7laboratory of the Iowa department of public health at Iowa
8City. Each specimen shall be in a container upon which is
9plainly printed the name and address of the subject, the date
10when the specimen was taken, the name and address of the
11subject’s employer, and a certificate by the physician or
12osteopathic physician that the physician took the specimen
13from the named subject on the date stated over the physician’s
14signature and address.
15 Sec. 57. Section 85A.20, Code 2023, is amended to read as
16follows:
1785A.20 Investigation.
18The workers’ compensation commissioner may designate
19the industrial hygiene physician medical director of the
20Iowa department of public health and human services and two
21physicians selected by the dean of the university of Iowa
22college of medicine, from the staff of the college, who shall
23be qualified to diagnose and report on occupational diseases.
24For the purpose of investigating occupational diseases, the
25physicians shall have the use, without charge, of all necessary
26laboratory and other facilities of the university of Iowa
27college of medicine and of the university hospital at the state
28university of Iowa, and of the Iowa department of public health
29and human services in performing the physicians’ duties.
30 Sec. 58. Section 89.4, subsection 1, paragraph h, Code 2023,
31is amended to read as follows:
32h. Hot water heating boilers used for heating pools or spas
33regulated by the department of public health and human services
34 pursuant to chapter 135I.
35 Sec. 59. Section 89B.17, subsection 1, unnumbered paragraph
-30-11, Code 2023, is amended to read as follows:
2The director of public health and human services, the labor
3commissioner, and the director of the department of natural
4resources or the director’s designee under written signatures
5of all these parties may recommend any of the following
6actions:
7 Sec. 60. Section 92.17, subsection 3, Code 2023, is amended
8to read as follows:
93. A child from working in any occupation or business
10operated by the child’s parents. For the purposes of this
11subsection, “child” and “parents” include a foster child and the
12child’s foster parents who are licensed by the department of
13health and human services.
14 Sec. 61. Section 96.3, subsections 9 and 11, Code 2023, are
15amended to read as follows:
169. Child support intercept.
17a. An individual filing a claim for benefits under section
1896.6, subsection 1, shall, at the time of filing, disclose
19whether the individual owes a child support obligation which
20is being enforced by the child support recovery unit services
21 established in section 252B.2. If an individual discloses that
22such a child support obligation is owed and the individual is
23determined to be eligible for benefits under this chapter,
24the department shall notify the child support recovery unit
25 services of the individual’s disclosure and deduct and withhold
26from benefits payable to the individual the amount specified
27by the individual.
28b. However, if the child support recovery unit services
29 and an individual owing a child support obligation reach an
30agreement to have specified amounts deducted and withheld from
31the individual’s benefits and the child support recovery unit
32 services submits a copy of the agreement to the department, the
33department shall deduct and withhold the specified amounts.
34c. (1) However, if the department is notified of income
35withholding by the child support recovery unit services under
-31-1chapter 252D or section 598.22 or 598.23 or if income is
2garnisheed by the child support recovery unit services under
3chapter 642 and an individual’s benefits are condemned to the
4satisfaction of the child support obligation being enforced by
5the child support recovery unit services, the department shall
6deduct and withhold from the individual’s benefits that amount
7required through legal process.
8(2) Notwithstanding section 642.2, subsections 2, 3,
96, and 7, which restrict garnishments under chapter 642 to
10wages of public employees, the department may be garnisheed
11under chapter 642 by the child support recovery unit services
12 established in section 252B.2, pursuant to a judgment for child
13support against an individual eligible for benefits under this
14chapter.
15(3) Notwithstanding section 96.15, benefits under this
16chapter are not exempt from income withholding, garnishment,
17attachment, or execution if withheld for or garnisheed by the
18 child support recovery unit services, established in section
19252B.2, or if an income withholding order or notice of the
20income withholding order under section 598.22 or 598.23 is
21being enforced by the child support recovery unit services to
22satisfy the child support obligation of an individual who is
23eligible for benefits under this chapter.
24d. An amount deducted and withheld under paragraph “a”, “b”,
25or “c” shall be paid by the department to the child support
26recovery unit services, and shall be treated as if it were paid
27to the individual as benefits under this chapter and as if it
28were paid by the individual to the child support recovery unit
29 services in satisfaction of the individual’s child support
30obligations.
31e. If an agreement for reimbursement has been made, the
32department shall be reimbursed by the child support recovery
33unit services for the administrative costs incurred by the
34department under this section which are attributable to the
35enforcement of child support obligations by the child support
-32-1recovery unit services.
211. Overissuance of food stamp supplemental nutrition
3assistance program benefits. The department shall collect any
4overissuance of food stamp supplemental nutrition assistance
5program benefits by offsetting the amount of the overissuance
6from the benefits payable under this chapter to the individual.
7This subsection shall only apply if the department is
8reimbursed under an agreement with the department of health and
9 human services for administrative costs incurred in recouping
10the overissuance. The provisions of section 96.15 do not apply
11to this subsection.
12 Sec. 62. Section 97B.49B, subsection 1, paragraph e,
13subparagraph (16), Code 2023, is amended to read as follows:
14(16) A person employed by the department of health and
15 human services as a psychiatric security specialist at a civil
16commitment unit for sexually violent offenders facility.
17 Sec. 63. Section 99D.7, subsections 22 and 23, Code 2023,
18are amended to read as follows:
1922. To cooperate with the gambling treatment program
20administered by the Iowa department of public health and human
21services to incorporate information regarding the gambling
22treatment program and its toll-free telephone number in printed
23materials distributed by the commission. The commission may
24require licensees to have the information available in a
25conspicuous place as a condition of licensure.
2623. To establish a process to allow a person to be
27voluntarily excluded from advance deposit wagering as defined
28in section 99D.11, from an internet fantasy sports contest as
29defined in section 99E.1, from advance deposit sports wagering
30as defined in section 99F.9, and from the wagering area of
31a racetrack enclosure, from the gaming floor, and from the
32sports wagering area, as defined in section 99F.1, of all
33other licensed facilities under this chapter and chapter 99F
34as provided in this subsection. The process shall provide
35that an initial request by a person to be voluntarily excluded
-33-1shall be for a period of five years or life and any subsequent
2request following any five-year period shall be for a period of
3five years or life. The process established shall require that
4licensees be provided electronic access to names and social
5security numbers of persons voluntarily excluded through a
6secured interactive internet site maintained by the commission
7and information regarding persons voluntarily excluded shall
8be disseminated to all licensees under this chapter, chapter
999E, and chapter 99F. The names, social security numbers, and
10information regarding persons voluntarily excluded shall be
11kept confidential unless otherwise ordered by a court or by
12another person duly authorized to release such information.
13The process established shall also require a person requesting
14to be voluntarily excluded be provided information compiled
15by the Iowa department of public health and human services
16 on gambling treatment options. The state and any licensee
17under this chapter, chapter 99E, or chapter 99F shall not be
18liable to any person for any claim which may arise from this
19process. In addition to any other penalty provided by law, any
20money or thing of value that has been obtained by, or is owed
21to, a voluntarily excluded person as a result of wagers made
22by the person after the person has been voluntarily excluded
23shall be forfeited by the person and shall be credited to the
24general fund of the state. The commission shall not initiate
25any administrative action or impose penalties on a licensee who
26voluntarily reports to the commission activity described in
27section 99D.24, subsection 4, paragraph “c”.
28 Sec. 64. Section 99D.9, subsection 6, paragraph b, Code
292023, is amended to read as follows:
30b. A licensee shall not permit a financial institution,
31vendor, or other person to dispense cash or credit through an
32electronic or mechanical device including but not limited to a
33satellite terminal as defined in section 527.2, that is located
34in the wagering area. However, this paragraph shall not apply
35to cashless wagering systems where a person accesses a cash
-34-1account through a mobile application used by the licensee
2to conduct cashless wagering. The mobile application shall
3include the statewide telephone number authorized by the Iowa
4 department of public health and human services to provide
5problem gambling information and extensive responsible gaming
6features in addition to those described in section 99D.7,
7subsection 23.
8 Sec. 65. Section 99E.5, subsection 2, paragraph d, Code
92023, is amended to read as follows:
10d. Include on the internet site or mobile application used
11by the licensee to conduct internet fantasy sports contests the
12statewide telephone number authorized by the Iowa department of
13public health and human services to provide problem gambling
14information and extensive responsible gaming features in
15addition to those described in section 99F.4, subsection 22.
16 Sec. 66. Section 99F.4, subsection 22, Code 2023, is amended
17to read as follows:
1822. To establish a process to allow a person to be
19voluntarily excluded from advance deposit wagering as defined
20in section 99D.11, from an internet fantasy sports contest
21as defined in section 99E.1, from advance deposit sports
22wagering as defined in section 99F.9, from the gaming floor
23and sports wagering area of an excursion gambling boat, from
24the wagering area, as defined in section 99D.2, and from the
25gaming floor and sports wagering area of all other licensed
26facilities under this chapter and chapter 99D as provided in
27this subsection. The process shall provide that an initial
28request by a person to be voluntarily excluded shall be for
29a period of five years or life and any subsequent request
30following any five-year period shall be for a period of five
31years or life. The process established shall require that
32licensees be provided electronic access to names and social
33security numbers of persons voluntarily excluded through a
34secured interactive internet site maintained by the commission
35and information regarding persons voluntarily excluded shall
-35-1be disseminated to all licensees under this chapter, chapter
299D, and chapter 99E. The names, social security numbers, and
3information regarding persons voluntarily excluded shall be
4kept confidential unless otherwise ordered by a court or by
5another person duly authorized to release such information.
6The process established shall also require a person requesting
7to be voluntarily excluded be provided information compiled
8by the Iowa department of public health and human services
9 on gambling treatment options. The state and any licensee
10under this chapter, chapter 99D, or chapter 99E shall not be
11liable to any person for any claim which may arise from this
12process. In addition to any other penalty provided by law, any
13money or thing of value that has been obtained by, or is owed
14to, a voluntarily excluded person as a result of wagers made
15by the person after the person has been voluntarily excluded
16shall be forfeited by the person and shall be credited to the
17general fund of the state. The commission shall not initiate
18any administrative action or impose penalties on a licensee who
19voluntarily reports to the commission activity described in
20section 99F.15, subsection 4, paragraph “n”.
21 Sec. 67. Section 99F.7, subsection 10, paragraph b, Code
222023, is amended to read as follows:
23b. A licensee shall not permit a financial institution,
24vendor, or other person to dispense cash or credit through an
25electronic or mechanical device including but not limited to
26a satellite terminal, as defined in section 527.2, that is
27located on the gaming floor. However, this paragraph shall not
28apply to cashless wagering systems where a person accesses a
29cash account through a mobile application used by the licensee
30to conduct cashless wagering. The mobile application shall
31include the statewide telephone number authorized by the Iowa
32 department of public health and human services to provide
33problem gambling information and extensive responsible gaming
34features in addition to those described in section 99F.4,
35subsection 22.
-36-1 Sec. 68. Section 99F.7A, subsection 2, paragraph a, Code
22023, is amended to read as follows:
3a. Include on the internet site or mobile application used
4by the licensee to conduct advance deposit sports wagering as
5authorized in section 99F.9 the statewide telephone number
6authorized by the Iowa department of public health and human
7services to provide problem gambling information and extensive
8responsible gaming features in addition to those described in
9section 99F.4, subsection 22.
10 Sec. 69. Section 100C.1, subsection 1, Code 2023, is amended
11to read as follows:
121. “Alarm system” means a system or portion of a combination
13system that consists of components and circuits arranged to
14monitor and annunciate the status of a fire alarm, security
15alarm, or nurse call or supervisory signal-initiating devices
16and to initiate the appropriate response to those signals,
17but does not mean any such security system or portion of a
18combination system installed in a prison, jail, or detention
19facility owned by the state, a political subdivision of the
20state, the department of health and human services, or the Iowa
21veterans home.
22 Sec. 70. Section 101C.3, subsection 1, Code 2023, is amended
23to read as follows:
241. The Iowa propane education and research council is
25established. The council shall consist of ten voting members,
26nine of whom represent retail propane marketers and one of whom
27shall be the administrator of the division of a representative
28of the department of health and human services responsible
29for community action agencies of the department of human
30rights. Members of the council other than the administrator
31 representing retail propane marketers shall be appointed by the
32fire marshal from a list of nominees submitted by qualified
33propane industry organizations by December 15 of each year. A
34vacancy in the unfinished term of a council member shall be
35filled for the remainder of the term in the same manner as the
-37-1original appointment was made. Other than the administrator,
2council Council members representing retail propane marketers
3 shall be full-time employees or owners of a propane industry
4business or representatives of an agricultural cooperative
5actively engaged in the propane industry. An employee of a
6qualified propane industry organization shall not serve as a
7member of the council. An officer of the board of directors of
8a qualified propane industry organization or propane industry
9trade association shall not serve concurrently as a member of
10the council. The fire marshal or a designee may serve as an ex
11officio, nonvoting member of the council.
12 Sec. 71. Section 123.47, subsection 4, paragraph a,
13subparagraph (2), Code 2023, is amended to read as follows:
14(2) A second offense shall be a simple misdemeanor
15punishable by a fine of five hundred dollars. In addition to
16any other applicable penalty, the person in violation of this
17section shall choose between either completing a substance
18abuse use disorder evaluation or the suspension of the person’s
19motor vehicle operating privileges for a period not to exceed
20one year.
21 Sec. 72. Section 124.409, subsection 1, Code 2023, is
22amended to read as follows:
231. Whenever the court finds that a person who is charged
24with a violation of section 124.401 and who consents thereto,
25or who has entered a plea of guilty to or been found guilty of
26a violation of that section, is addicted to, dependent upon,
27or a chronic abuser user of any controlled substance and that
28such person will be aided by proper medical treatment and
29rehabilitative services, the court may order that the person
30be committed as an in-patient or out-patient to a facility
31licensed by the Iowa department of public health and human
32services for medical treatment and rehabilitative services.
33 Sec. 73. Section 124.504, subsection 3, Code 2023, is
34amended to read as follows:
353. A practitioner engaged in medical practice or research
-38-1or the Iowa drug abuse substance use disorder authority or
2any program which is licensed by the authority shall not be
3required to furnish the name or identity of a patient or
4research subject to the board or the department, nor shall the
5practitioner or the authority or any program which is licensed
6by the authority be compelled in any state or local civil,
7criminal, administrative, legislative or other proceedings
8to furnish the name or identity of an individual that the
9practitioner or the authority or any of its licensed programs
10is obligated to keep confidential.
11 Sec. 74. Section 124.551, subsection 2, paragraph a,
12unnumbered paragraph 1, Code 2023, is amended to read as
13follows:
14The program shall collect from pharmacies dispensing
15information for controlled substances identified pursuant
16to section 124.554, subsection 1, paragraph “g”, and from
17first responders as defined in section 147A.1, subsection
187, with the exception of emergency medical care providers
19as defined in section 147A.1, subsection 4, administration
20information for opioid antagonists. The department of public
21 health and human services shall provide information for the
22administration of opioid antagonists to the board as prescribed
23by rule for emergency medical care providers as defined in
24section 147A.1, subsection 4. The board shall adopt rules
25requiring the following information to be provided regarding
26the administration of opioid antagonists:
27 Sec. 75. Section 124.556, Code 2023, is amended to read as
28follows:
29124.556 Education and treatment.
30The program shall include education initiatives and outreach
31to consumers, prescribing practitioners, and pharmacists, and
32shall also include assistance for identifying substance abuse
33 use disorder treatment programs and providers. The program
34shall also include educational updates and information on
35general patient risk factors for prescribing practitioners.
-39-1The board and advisory council shall adopt rules, as provided
2under section 124.554, to implement this section.
3 Sec. 76. Section 124E.2, subsections 3 and 8, Code 2023, are
4amended to read as follows:
53. “Department” means the department of public health and
6human services.
78. “Laboratory” means the state hygienic laboratory
8at the university of Iowa in Iowa City or any other
9independent medical cannabidiol testing facility accredited
10to standard ISO/IEC 17025 by an international organization
11for standards-approved accrediting body, with a controlled
12substance registration certificate from the United States drug
13enforcement administration and a certificate of registration
14from the board of pharmacy. For the purposes of this chapter,
15an independent laboratory is a laboratory operated by an
16entity that has no equity ownership in a medical cannabidiol
17manufacturer.
18 Sec. 77. Section 124E.6, subsection 4, Code 2023, is amended
19to read as follows:
204. A medical cannabidiol manufacturer shall contract with
21a laboratory to perform spot-check testing of the medical
22cannabidiol produced by the medical cannabidiol manufacturer
23as provided in section 124E.7. The department shall require
24that the laboratory report testing results to the medical
25cannabidiol manufacturer and the department as determined by
26the department by rule. If a medical cannabidiol manufacturer
27contracts with a laboratory other than the state hygienic
28laboratory at the university of Iowa in Iowa City, the
29department shall approve the laboratory to perform testing
30pursuant to this chapter.
31 Sec. 78. Section 124E.14, Code 2023, is amended to read as
32follows:
33124E.14 Out-of-state medical cannabidiol dispensaries.
34The department of public health shall utilize a request for
35proposals process to select and license by December 1, 2017,
-40-1up to two out-of-state medical cannabidiol dispensaries from a
2bordering state to sell and dispense medical cannabidiol to a
3patient or primary caregiver in possession of a valid medical
4cannabidiol registration card issued under this chapter.
5 Sec. 79. Section 125.1, Code 2023, is amended to read as
6follows:
7125.1 Declaration of policy.
8It is the policy of this state:
91. That persons with substance-related disorders a
10substance use disorder be afforded the opportunity to
11receive quality treatment and directed into rehabilitation
12services which will help them resume a socially acceptable and
13productive role in society.
142. To encourage substance abuse use disorder education
15and prevention efforts and to insure that such efforts are
16coordinated to provide a high quality of services without
17unnecessary duplication.
183. To insure that substance abuse use disorder programs
19are being operated by individuals who are qualified in their
20field whether through formal education or through employment
21or personal experience.
22 Sec. 80. Section 125.2, Code 2023, is amended to read as
23follows:
24125.2 Definitions.
25For purposes of this chapter, unless the context clearly
26indicates otherwise:
271. “Board” means the state board of health created pursuant
28to chapter 136.
292. 1. “Chemical substance” means alcohol, wine, spirits,
30and beer as defined in chapter 123 and controlled substances
31as defined in section 124.101.
323. 2. “Chief medical officer” means the medical director
33in charge of a public or private hospital, or the director’s
34physician-designee. This chapter does not negate the
35authority otherwise reposed by chapter 226 in the respective
-41-1superintendents of the state mental health institutes to make
2decisions regarding the appropriateness of admissions or
3discharges of patients of those institutes, however, it is
4the intent of this chapter that a superintendent who is not a
5licensed physician shall be guided in these decisions by the
6chief medical officer of the institute.
74. 3. “Clerk” means the clerk of the district court.
84. “Council” means the council on health and human services.
95. “County of residence” means the same as defined in
10section 331.394.
116. “Department” means the Iowa department of public health
12and human services.
137. “Director” means the director of the Iowa department of
14public health and human services.
158. “Facility” means an institution, a detoxification center,
16or an installation providing care, maintenance and treatment
17for persons with substance-related disorders a substance use
18disorder licensed by the department under section 125.13,
19hospitals licensed under chapter 135B, or the state mental
20health institutes designated by chapter 226.
219. “Incapacitated by a chemical substance” means that a
22person, as a result of the use of a chemical substance, is
23unconscious or has the person’s judgment otherwise so impaired
24that the person is incapable of realizing and making a rational
25decision with respect to the need for treatment.
2610. “Incompetent person” means a person who has been
27adjudged incompetent by a court of law.
2811. “Interested person” means a person who, in the
29discretion of the court, is legitimately concerned that a
30respondent receive substance abuse use disorder treatment
31services.
3212. “Magistrate” means the same as defined in section 801.4,
33subsection 10.
3413. “Mental health professional” means the same as defined
35in section 228.1.
-42- 114. “Psychiatric advanced registered nurse practitioner”
2means an individual currently licensed as a registered nurse
3under chapter 152 or 152E who holds a national certification in
4psychiatric mental health care and who is licensed by the board
5of nursing as an advanced registered nurse practitioner.
615. “Respondent” means a person against whom an application
7is filed under section 125.75.
816. “Substance-related disorder” “Substance use disorder”
9 means a diagnosable substance abuse use disorder of sufficient
10duration to meet diagnostic criteria specified within the most
11current diagnostic and statistical manual of mental disorders
12published by the American psychiatric association that results
13in a functional impairment.
14 Sec. 81. Section 125.3, Code 2023, is amended to read as
15follows:
16125.3 Substance abuse use disorder program established.
17The Iowa department of public health shall develop,
18implement, and administer a comprehensive substance abuse use
19disorder program pursuant to sections 125.1 and 125.2, this
20section, and sections 125.7, 125.9, 125.10, 125.12 through
21125.21, 125.25, 125.32 through 125.34, and 125.37 through
22125.43.
23 Sec. 82. Section 125.7, Code 2023, is amended to read as
24follows:
25125.7 Duties of the board council.
26The board council shall:
271. Approve the comprehensive substance abuse use disorder
28 program, developed by the department pursuant to sections 125.1
29through 125.3, this section, and sections 125.9, 125.10, 125.12
30through 125.21, 125.25, 125.32 through 125.34, and 125.37
31through 125.43.
322. Advise the department on policies governing the
33performance of the department in the discharge of any duties
34imposed on the department by law.
353. Advise or make recommendations to the governor and the
-43-1general assembly relative to substance abuse use disorder
2 treatment, intervention, education, and prevention programs in
3this state.
44. Adopt rules for subsections 1 and 6 and review other
5rules necessary to carry out the provisions of this chapter,
6subject to review in accordance with chapter 17A.
75. Investigate the work of the department relating to
8substance abuse use disorder, and for this purpose the board
9 council shall have access at any time to all books, papers,
10documents, and records of the department.
116. Consider and approve or disapprove all applications
12for a license and all cases involving the renewal, denial,
13suspension, or revocation of a license.
147. Act as the appeal board regarding funding decisions made
15by the department.
16 Sec. 83. Section 125.9, subsections 1, 2, 4, 5, and 6, Code
172023, are amended to read as follows:
181. Plan, establish and maintain treatment, intervention,
19education, and prevention programs as necessary or desirable in
20accordance with the comprehensive substance abuse use disorder
21 program.
222. Make contracts necessary or incidental to the
23performance of the duties and the execution of the powers
24of the director, including contracts with public and
25private agencies, organizations and individuals to pay
26them for services rendered or furnished to persons with
27substance-related disorders a substance use disorder.
284. Coordinate the activities of the department and
29cooperate with substance abuse use disorder programs in
30this and other states, and make contracts and other joint or
31cooperative arrangements with state, local or private agencies
32in this and other states for the treatment of persons with
33substance-related disorders a substance use disorder and
34for the common advancement of substance abuse use disorder
35 programs.
-44- 15. Require that a written report, in reasonable detail, be
2submitted to the director at any time by any agency of this
3state or of any of its political subdivisions in respect to any
4substance abuse use disorder prevention function, or program
5for the benefit of persons who are or have been involved in
6substance abuse use disorder, which is being conducted by the
7agency.
86. Submit to the governor a written report of the
9pertinent facts at any time the director concludes that any
10agency of this state or of any of its political subdivisions
11is conducting any substance abuse use disorder prevention
12function, or program for the benefit of persons who are or have
13been involved in substance abuse use disorder in a manner not
14consistent with or which impairs achievement of the objectives
15of the state plan to combat substance abuse use disorder, and
16has failed to effect appropriate changes in the function or
17program.
18 Sec. 84. Section 125.10, Code 2023, is amended to read as
19follows:
20125.10 Duties of director.
21The director shall:
221. Prepare and submit a state plan subject to approval by
23the board council and in accordance with 42 U.S.C. §300x-21 et
24seq. The state plan shall designate the department as the sole
25agency for supervising the administration of the plan.
262. Develop, encourage, and foster statewide, regional,
27and local plans and programs for the prevention of substance
28misuse use disorder and the treatment of persons with
29substance-related disorders a substance use disorder in
30cooperation with public and private agencies, organizations and
31individuals, and provide technical assistance and consultation
32services for these purposes.
333. Coordinate the efforts and enlist the assistance of all
34public and private agencies, organizations, and individuals
35interested in the prevention of substance misuse use disorder
-45-1 and the treatment of persons with substance-related disorders a
2substance use disorder. The director’s actions to implement
3this subsection shall also address the treatment needs of
4persons who have a mental illness, an intellectual disability,
5brain injury, or other co-occurring condition in addition to a
6substance-related substance use disorder.
74. Cooperate with the department of human services and
8the Iowa department of public health in establishing and
9conducting programs to provide treatment for persons with
10substance-related disorders a substance use disorder.
115. Cooperate with the department of education, boards
12of education, schools, police departments, courts, and other
13public and private agencies, organizations, and individuals
14in establishing programs for the prevention of substance
15misuse use disorder and the treatment of persons with
16substance-related disorders a substance use disorder, and in
17preparing relevant curriculum materials for use at all levels
18of school education.
196. Prepare, publish, evaluate and disseminate educational
20material dealing with the nature and effects of chemical
21substances.
227. Develop and implement, as an integral part of treatment
23programs, an educational program for use in the treatment
24of persons with substance-related disorders a substance use
25disorder, which program shall include the dissemination of
26information concerning the nature and effects of substances.
278. Organize and implement, in cooperation with local
28treatment programs, training programs for all persons engaged
29in treatment of persons with substance-related disorders a
30substance use disorder.
319. Sponsor and implement research in cooperation with
32local treatment programs into the causes and nature of
33substance misuse use disorder and treatment of persons with
34substance-related disorders a substance use disorder, and serve
35as a clearing house for information relating to substance
-46-1misuse use disorder.
210. Specify uniform methods for keeping statistical
3information by public and private agencies, organizations,
4and individuals, and collect and make available relevant
5statistical information, including number of persons treated,
6frequency of admission and readmission, and frequency and
7duration of treatment.
811. Develop and implement, with the counsel and approval
9of the board council, the comprehensive plan for treatment
10of persons with substance-related disorders a substance use
11disorder in accordance with this chapter.
1212. Assist in the development of, and cooperate with,
13substance abuse use disorder education and treatment programs
14for employees of state and local governments and businesses and
15industries in the state.
1613. Utilize the support and assistance of interested
17persons in the community, particularly persons who are
18recovering from substance-related disorders a substance use
19disorder to encourage persons with substance-related disorders
20 a substance use disorder to voluntarily undergo treatment.
2114. Cooperate with the commissioner of public safety in
22establishing and conducting programs designed to deal with the
23problem of persons operating motor vehicles while intoxicated.
2415. Encourage general hospitals and other appropriate
25health facilities to admit without discrimination persons
26with substance-related disorders a substance use disorder
27 and to provide them with adequate and appropriate treatment.
28The director may negotiate and implement contracts with
29hospitals and other appropriate health facilities with adequate
30detoxification facilities.
3116. Encourage all health and disability insurance programs
32to include substance-related substance use disorders as covered
33illnesses.
3417. Review all state health, welfare, education and
35treatment proposals to be submitted for federal funding under
-47-1federal legislation, and advise the governor on provisions
2to be included relating to substance misuse use disorder and
3persons with substance-related disorders a substance use
4disorder.
5 Sec. 85. Section 125.12, subsections 1 and 3, Code 2023, are
6amended to read as follows:
71. The board council shall review the comprehensive
8substance abuse use disorder program implemented by the
9department for the treatment of persons with substance-related
10disorders a substance use disorder and concerned family
11members. Subject to the review of the board council, the
12director shall divide the state into appropriate regions
13for the conduct of the program and establish standards for
14the development of the program on the regional level. In
15establishing the regions, consideration shall be given to city
16and county lines, population concentrations, and existing
17substance abuse use disorder treatment services.
183. The director shall provide for adequate and appropriate
19treatment for persons with substance-related disorders a
20substance use disorder and concerned family members admitted
21under sections 125.33 and 125.34, or under section 125.75,
22125.81, or 125.91. Treatment shall not be provided at a
23correctional institution except for inmates. A mental health
24professional who is employed by a treatment provider under the
25program may provide treatment to a person with co-occurring
26substance-related substance use and mental health disorders.
27Such treatment may also be provided by a person employed by
28such a treatment provider who is receiving the supervision
29required to meet the definition of mental health professional
30but has not completed the supervision component.
31 Sec. 86. Section 125.13, subsection 1, paragraph a, Code
322023, is amended to read as follows:
33a. Except as provided in subsection 2, a person shall not
34maintain or conduct any chemical substitutes or antagonists
35program, residential program, or nonresidential outpatient
-48-1program, the primary purpose of which is the treatment and
2rehabilitation of persons with substance-related disorders a
3substance use disorder without having first obtained a written
4license for the program from the department.
5 Sec. 87. Section 125.13, subsection 2, paragraphs a, b, c,
6f, i, and j, Code 2023, are amended to read as follows:
7a. A hospital providing care or treatment to persons
8with substance-related disorders a substance use disorder
9 licensed under chapter 135B which is accredited by the joint
10commission on the accreditation of health care organizations,
11the commission on accreditation of rehabilitation facilities,
12the American osteopathic association, or another recognized
13organization approved by the board council. All survey reports
14from the accrediting or licensing body must be sent to the
15department.
16b. Any practitioner of medicine and surgery or osteopathic
17medicine and surgery, in the practitioner’s private practice.
18However, a program shall not be exempted from licensing by the
19board council by virtue of its utilization of the services of a
20medical practitioner in its operation.
21c. Private institutions conducted by and for persons who
22adhere to the faith of any well recognized church or religious
23denomination for the purpose of providing care, treatment,
24counseling, or rehabilitation to persons with substance-related
25disorders a substance use disorder and who rely solely on
26prayer or other spiritual means for healing in the practice of
27religion of such church or denomination.
28f. Individuals in private practice who are providing
29substance abuse use disorder treatment services independent
30from a program that is required to be licensed under subsection
311.
32i. A substance abuse use disorder treatment program not
33funded by the department which is accredited or licensed
34by the joint commission on the accreditation of health
35care organizations, the commission on the accreditation
-49-1of rehabilitation facilities, the American osteopathic
2association, or another recognized organization approved by
3the board council. All survey reports from the accrediting or
4licensing body must be sent to the department.
5j. A hospital substance abuse use disorder treatment program
6that is accredited or licensed by the joint commission on the
7accreditation of health care organizations, the commission on
8the accreditation of rehabilitation facilities, the American
9osteopathic association, or another recognized organization
10approved by the board council. All survey reports for the
11hospital substance abuse use disorder treatment program
12from the accrediting or licensing body shall be sent to the
13department.
14 Sec. 88. Section 125.14, Code 2023, is amended to read as
15follows:
16125.14 Licenses — renewal — fees.
17The board council shall consider all cases involving initial
18issuance, and renewal, denial, suspension, or revocation
19of a license. The department shall issue a license to an
20applicant whom the board council determines meets the licensing
21requirements of this chapter. Licenses shall expire no
22later than three years from the date of issuance and shall be
23renewed upon timely application made in the same manner as
24for initial issuance of a license unless notice of nonrenewal
25is given to the licensee at least thirty days prior to the
26expiration of the license. The department shall not charge a
27fee for licensing or renewal of programs contracting with the
28department for provision of treatment services. A fee may be
29charged to other licensees.
30 Sec. 89. Section 125.14A, Code 2023, is amended to read as
31follows:
32125.14A Personnel of a licensed program admitting juveniles.
331. If a person is being considered for licensure under this
34chapter, or for employment involving direct responsibility for
35a child or with access to a child when the child is alone, by
-50-1a program admitting juveniles subject to licensure under this
2chapter, or if a person will reside in a facility utilized
3by such a program, and if the person has been convicted of
4a crime or has a record of founded child abuse, the record
5check evaluation system of the department of human services
6 and the program, for an employee of the program, shall perform
7an evaluation to determine whether the crime or founded
8child abuse warrants prohibition of licensure, employment, or
9residence in the facility. The department of human services
10 record check evaluation system shall conduct criminal and
11child abuse record checks in this state and may conduct these
12checks in other states. The evaluation shall be performed in
13accordance with procedures adopted for this purpose by the
14department of human services.
152. If the department of human services record check
16evaluation system determines that a person has committed a
17crime or has a record of founded child abuse and is licensed,
18employed by a program licensed under this chapter, or resides
19in a licensed facility the department record check evaluation
20system shall notify the program that an evaluation will be
21conducted to determine whether prohibition of the person’s
22licensure, employment, or residence is warranted.
233. In an evaluation, the department of human services
24 record check evaluation system and the program for an employee
25of the program shall consider the nature and seriousness of
26the crime or founded child abuse in relation to the position
27sought or held, the time elapsed since the commission of the
28crime or founded child abuse, the circumstances under which
29the crime or founded child abuse was committed, the degree of
30rehabilitation, the likelihood that the person will commit the
31crime or founded child abuse again, and the number of crimes
32or founded child abuses committed by the person involved. The
33department of human services record check evaluation system
34 may permit a person who is evaluated to be licensed, employed,
35or to reside, or to continue to be licensed, employed, or
-51-1to reside in a program, if the person complies with the
2department’s record check evaluation system’s conditions
3relating to the person’s licensure, employment, or residence,
4which may include completion of additional training. For an
5employee of a licensee, these conditional requirements shall
6be developed with the licensee. The department of human
7services record check evaluation system has final authority
8in determining whether prohibition of the person’s licensure,
9employment, or residence is warranted and in developing any
10conditional requirements under this subsection.
114. If the department of human services record check
12evaluation system determines that the person has committed a
13crime or has a record of founded child abuse which warrants
14prohibition of licensure, employment, or residence, the person
15shall not be licensed under this chapter to operate a program
16admitting juveniles and shall not be employed by a program or
17reside in a facility admitting juveniles licensed under this
18chapter.
195. In addition to the record checks required under this
20section, the department of human services record check
21evaluation system may conduct dependent adult abuse record
22checks in this state and may conduct these checks in other
23states, on a random basis. The provisions of this section,
24relative to an evaluation following a determination that a
25person has been convicted of a crime or has a record of founded
26child abuse, shall also apply to a random check conducted under
27this subsection.
286. Beginning July 1, 1994, a A program or facility shall
29inform all new applicants for employment of the possibility
30of the performance of a record check and shall obtain, from
31the applicant, a signed acknowledgment of the receipt of the
32information.
337. On or after July 1, 1994, a A program or facility shall
34include the following inquiry in an application for employment:
35Do you have a record of founded child or dependent adult abuse
-52-1or have you ever been convicted of a crime, in this state or any
2other state?
3 Sec. 90. Section 125.15, Code 2023, is amended to read as
4follows:
5125.15 Inspections.
6The department may inspect the facilities and review the
7procedures utilized by any chemical substitutes or antagonists
8program, residential program, or nonresidential outpatient
9program that has as a primary purpose the treatment and
10rehabilitation of persons with substance-related disorders a
11substance use disorder, for the purpose of ensuring compliance
12with this chapter and the rules adopted pursuant to this
13chapter. The examination and review may include case record
14audits and interviews with staff and patients, consistent with
15the confidentiality safeguards of state and federal law.
16 Sec. 91. Section 125.15A, subsection 1, unnumbered
17paragraph 1, Code 2023, is amended to read as follows:
18The department may place an employee or agent to serve as a
19monitor in a licensed substance abuse use disorder treatment
20program or may petition the court for appointment of a receiver
21for a program when any of the following conditions exist:
22 Sec. 92. Section 125.15A, subsection 1, paragraph b, Code
232023, is amended to read as follows:
24b. The board council has suspended, revoked, or refused to
25renew the existing license of the program.
26 Sec. 93. Section 125.16, Code 2023, is amended to read as
27follows:
28125.16 Transfer of license or change of location prohibited.
29A license issued under this chapter may not be transferred,
30and the location of the physical facilities occupied or
31utilized by any program licensed under this chapter shall not
32be changed without the prior written consent of the board
33 council.
34 Sec. 94. Section 125.17, Code 2023, is amended to read as
35follows:
-53- 1125.17 License suspension or revocation.
2Violation of any of the requirements or restrictions of
3this chapter or of any of the rules adopted pursuant to this
4chapter is cause for suspension, revocation, or refusal to
5renew a license. The director shall at the earliest time
6feasible notify a licensee whose license the board council
7 is considering suspending or revoking and shall inform the
8licensee what changes must be made in the licensee’s operation
9to avoid such action. The licensee shall be given a reasonable
10time for compliance, as determined by the director, after
11receiving such notice or a notice that the board council does
12not intend to renew the license. When the licensee believes
13compliance has been achieved, or if the licensee considers
14the proposed suspension, revocation, or refusal to renew
15unjustified, the licensee may submit pertinent information to
16the board council and the board council shall expeditiously
17make a decision in the matter and notify the licensee of the
18decision.
19 Sec. 95. Section 125.18, Code 2023, is amended to read as
20follows:
21125.18 Hearing before board council.
22If a licensee under this chapter makes a written request
23for a hearing within thirty days of suspension, revocation,
24or refusal to renew a license, a hearing before the board
25 council shall be expeditiously arranged by the department of
26inspections and appeals whose decision is subject to review by
27the board council. The board council shall issue a written
28statement of the board’s council’s findings within thirty days
29after conclusion of the hearing upholding or reversing the
30proposed suspension, revocation, or refusal to renew a license.
31Action involving suspension, revocation, or refusal to renew a
32license shall not be taken by the board council unless a quorum
33is present at the meeting. A copy of the board’s council’s
34 decision shall be promptly transmitted to the affected licensee
35who may, if aggrieved by the decision, seek judicial review of
-54-1the actions of the board council in accordance with the terms
2of chapter 17A.
3 Sec. 96. Section 125.19, Code 2023, is amended to read as
4follows:
5125.19 Reissuance or reinstatement.
6After suspension, revocation, or refusal to renew a license
7pursuant to this chapter, the affected licensee shall not have
8the license reissued or reinstated within one year of the
9effective date of the suspension, revocation, or expiration
10upon refusal to renew, unless the board council orders
11otherwise. After that time, proof of compliance with the
12requirements and restrictions of this chapter and the rules
13adopted pursuant to this chapter must be presented to the board
14 council prior to reinstatement or reissuance of a license.
15 Sec. 97. Section 125.20, Code 2023, is amended to read as
16follows:
17125.20 Rules.
18The department shall establish rules pursuant to chapter
1917A requiring facilities to use reasonable accounting and
20reimbursement systems which recognize relevant cost-related
21factors for patients with a substance abuse patients use
22disorder. A facility shall not be licensed nor shall any
23payment be made under this chapter to a facility which fails
24to comply with those rules or which does not permit inspection
25by the department or examination of all records, including
26financial records, methods of administration, general and
27special dietary programs, the disbursement of drugs and methods
28of supply, and any other records the department deems relevant
29to the establishment of such a system. However, rules issued
30pursuant to this paragraph shall not apply to any facility
31referred to in section 125.13, subsection 2 or section 125.43.
32 Sec. 98. Section 125.21, subsection 1, Code 2023, is amended
33to read as follows:
341. The board council has exclusive power in this state
35to approve and license chemical substitutes and antagonists
-55-1programs, and to monitor chemical substitutes and antagonists
2programs to ensure that the programs are operating within the
3rules adopted pursuant to this chapter. The board council
4 shall grant approval and license if the requirements of the
5rules are met and state funding is not requested. The chemical
6substitutes and antagonists programs conducted by persons
7exempt from the licensing requirements of this chapter pursuant
8to section 125.13, subsection 2, are subject to approval and
9licensure under this section.
10 Sec. 99. Section 125.25, subsection 1, Code 2023, is amended
11to read as follows:
121. Before making any allocation of funds to a local
13substance abuse use disorder program, the department shall
14require a detailed line item budget clearly indicating the
15funds received from each revenue source for the fiscal year
16for which the funds are requested on forms provided by the
17department for each program.
18 Sec. 100. Section 125.32, unnumbered paragraph 1, Code
192023, is amended to read as follows:
20The department shall adopt and may amend and repeal rules
21for acceptance of persons into the treatment program, subject
22to chapter 17A, considering available treatment resources and
23facilities, for the purpose of early and effective treatment
24of persons with substance-related disorders a substance
25use disorder and concerned family members. In establishing
26the rules the department shall be guided by the following
27standards:
28 Sec. 101. Section 125.32A, Code 2023, is amended to read as
29follows:
30125.32A Discrimination prohibited.
31Any substance abuse use disorder treatment program receiving
32state funding under this chapter or any other chapter of the
33Code shall not discriminate against a person seeking treatment
34solely because the person is pregnant, unless the program
35in each instance identifies and refers the person to an
-56-1alternative and acceptable treatment program for the person.
2 Sec. 102. Section 125.33, Code 2023, is amended to read as
3follows:
4125.33 Voluntary treatment of persons with substance-related
5disorders a substance use disorder.
61. A person with a substance-related substance use
7 disorder may apply for voluntary treatment or rehabilitation
8services directly to a facility or to a licensed physician and
9surgeon or osteopathic physician and surgeon or to a mental
10health professional. If the proposed patient is a minor or
11an incompetent person, a parent, a legal guardian or other
12legal representative may make the application. The licensed
13physician and surgeon or osteopathic physician and surgeon,
14mental health professional, or any employee or person acting
15under the direction or supervision of the physician and
16surgeon or osteopathic physician and surgeon, mental health
17professional, or facility shall not report or disclose the
18name of the person or the fact that treatment was requested
19or has been undertaken to any law enforcement officer or law
20enforcement agency; nor shall such information be admissible as
21evidence in any court, grand jury, or administrative proceeding
22unless authorized by the person seeking treatment. If the
23person seeking such treatment or rehabilitation is a minor who
24has personally made application for treatment, the fact that
25the minor sought treatment or rehabilitation or is receiving
26treatment or rehabilitation services shall not be reported
27or disclosed to the parents or legal guardian of such minor
28without the minor’s consent, and the minor may give legal
29consent to receive such treatment and rehabilitation.
302. Subject to rules adopted by the department, the
31administrator or the administrator’s designee in charge of a
32facility may determine who shall be admitted for treatment
33or rehabilitation. If a person is refused admission, the
34administrator or the administrator’s designee, subject to rules
35adopted by the department, shall refer the person to another
-57-1facility for treatment if possible and appropriate.
23. A person with a substance-related substance use
3 disorder seeking treatment or rehabilitation and who is
4either addicted to or dependent on a chemical substance may
5first be examined and evaluated by a licensed physician and
6surgeon or osteopathic physician and surgeon or a mental health
7professional who may prescribe, if authorized or licensed
8to do so, a proper course of treatment and medication, if
9needed. The licensed physician and surgeon or osteopathic
10physician and surgeon or mental health professional may further
11prescribe a course of treatment or rehabilitation and authorize
12another licensed physician and surgeon or osteopathic physician
13and surgeon, mental health professional, or facility to
14provide the prescribed treatment or rehabilitation services.
15Treatment or rehabilitation services may be provided to a
16person individually or in a group. A facility providing or
17engaging in treatment or rehabilitation shall not report or
18disclose to a law enforcement officer or law enforcement
19agency the name of any person receiving or engaged in the
20treatment or rehabilitation; nor shall a person receiving or
21participating in treatment or rehabilitation report or disclose
22the name of any other person engaged in or receiving treatment
23or rehabilitation or that the program is in existence, to
24a law enforcement officer or law enforcement agency. Such
25information shall not be admitted in evidence in any court,
26grand jury, or administrative proceeding. However, a person
27engaged in or receiving treatment or rehabilitation may
28authorize the disclosure of the person’s name and individual
29participation.
304. If a patient receiving inpatient or residential care
31leaves a facility, the patient shall be encouraged to consent
32to appropriate outpatient or halfway house treatment. If it
33appears to the administrator in charge of the facility that
34the patient is a person with a substance-related substance
35use disorder who requires help, the director may arrange for
-58-1assistance in obtaining supportive services.
25. If a patient leaves a facility, with or against the
3advice of the administrator in charge of the facility, the
4director may make reasonable provisions for the patient’s
5transportation to another facility or to the patient’s home.
6If the patient has no home the patient shall be assisted in
7obtaining shelter. If the patient is a minor or an incompetent
8person, the request for discharge from an inpatient facility
9shall be made by a parent, legal guardian, or other legal
10representative, or by the minor or incompetent person if the
11patient was the original applicant.
126. Any person who reports or discloses the name of a
13person receiving treatment or rehabilitation services to a
14law enforcement officer or law enforcement agency or any
15person receiving treatment or rehabilitation services who
16discloses the name of any other person receiving treatment or
17rehabilitation services without the written consent of the
18person in violation of the provisions of this section shall
19upon conviction be guilty of a simple misdemeanor.
20 Sec. 103. Section 125.34, Code 2023, is amended to read as
21follows:
22125.34 Treatment and services for persons with
23substance-related disorders a substance use disorder due to
24intoxication and substance-induced incapacitation.
251. A person with a substance-related substance use disorder
26due to intoxication or substance-induced incapacitation may
27come voluntarily to a facility for emergency treatment. A
28person who appears to be intoxicated or incapacitated by a
29substance in a public place and in need of help may be taken
30to a facility by a peace officer under section 125.91. If
31the person refuses the proffered help, the person may be
32arrested and charged with intoxication under section 123.46,
33if applicable.
342. If no facility is readily available the person may
35be taken to an emergency medical service customarily used
-59-1for incapacitated persons. The peace officer in detaining
2the person and in taking the person to a facility shall make
3every reasonable effort to protect the person’s health and
4safety. In detaining the person the detaining officer may take
5reasonable steps for self-protection. Detaining a person under
6section 125.91 is not an arrest and no entry or other record
7shall be made to indicate that the person who is detained has
8been arrested or charged with a crime.
93. A person who arrives at a facility and voluntarily
10submits to examination shall be examined by a licensed
11physician and surgeon or osteopathic physician and surgeon or
12mental health professional as soon as possible after the person
13arrives at the facility. The person may then be admitted as a
14patient or referred to another health facility. The referring
15facility shall arrange for transportation.
164. If a person is voluntarily admitted to a facility, the
17person’s family or next of kin shall be notified as promptly
18as possible. If an adult patient who is not incapacitated
19requests that there be no notification, the request shall be
20respected.
215. A peace officer who acts in compliance with this section
22is acting in the course of the officer’s official duty and is
23not criminally or civilly liable therefor for such acts, unless
24such acts constitute willful malice or abuse.
256. If the physician and surgeon or osteopathic physician
26and surgeon in charge of the facility determines it is for the
27patient’s benefit, the patient shall be encouraged to agree to
28further diagnosis and appropriate voluntary treatment.
297. A licensed physician and surgeon or osteopathic
30physician and surgeon, mental health professional, facility
31administrator, or an employee or a person acting as or on
32behalf of the facility administrator, is not criminally or
33civilly liable for acts in conformity with this chapter, unless
34the acts constitute willful malice or abuse.
35 Sec. 104. Section 125.37, subsection 2, Code 2023, is
-60-1amended to read as follows:
22. Notwithstanding subsection 1, the director may make
3available information from patients’ records for purposes of
4research into the causes and treatment of substance abuse use
5disorder. Information under this subsection shall not be
6published in a way that discloses patients’ names or other
7identifying information.
8 Sec. 105. Section 125.39, Code 2023, is amended to read as
9follows:
10125.39 Eligible entities.
11A local governmental unit which is providing funds to a
12facility for treatment of substance abuse use disorder may
13request from the facility a treatment program plan prior to
14authorizing payment of any claims filed by the facility. The
15governing body of the local governmental unit may review the
16plan, but shall not impose on the facility any requirement
17conflicting with the comprehensive treatment program of the
18facility.
19 Sec. 106. Section 125.43, Code 2023, is amended to read as
20follows:
21125.43 Funding at mental health institutes.
22Chapter 230 governs the determination of the costs
23and payment for treatment provided to persons with
24substance-related disorders a substance use disorderin a
25mental health institute under the department of human services,
26except that the charges are not a lien on real estate owned
27by persons legally liable for support of the person with a
28substance-related substance use disorder and the daily per diem
29shall be billed at twenty-five percent. The superintendent of
30a state hospital mental health institute shall total only those
31expenditures which can be attributed to the cost of providing
32inpatient treatment to persons with substance-related disorders
33 a substance use disorder for purposes of determining the daily
34per diem. Section 125.44 governs the determination of who is
35legally liable for the cost of care, maintenance, and treatment
-61-1of a person with a substance-related substance use disorder and
2of the amount for which the person is liable.
3 Sec. 107. Section 125.43A, Code 2023, is amended to read as
4follows:
5125.43A Prescreening — exception.
6Except in cases of medical emergency or court-ordered
7admissions, a person shall be admitted to a state mental health
8institute for treatment of a substance-related substance use
9 disorder only after a preliminary intake and assessment by a
10department-licensed treatment facility or a hospital providing
11care or treatment for persons with substance-related disorders
12 a substance use disorder licensed under chapter 135B and
13accredited by the joint commission on the accreditation of
14health care organizations, the commission on accreditation
15of rehabilitation facilities, the American osteopathic
16association, or another recognized organization approved by
17the board council, or by a designee of a department-licensed
18treatment facility or a hospital other than a state mental
19health institute, which confirms that the admission is
20appropriate to the person’s substance-related substance use
21 disorder service needs. A county board of supervisors may seek
22an admission of a patient to a state mental health institute
23who has not been confirmed for appropriate admission and the
24county shall be responsible for one hundred percent of the cost
25of treatment and services of the patient.
26 Sec. 108. Section 125.44, Code 2023, is amended to read as
27follows:
28125.44 Agreements with facilities — liability for costs.
291. The director may, consistent with the comprehensive
30substance abuse use disorder program, enter into written
31agreements with a facility as defined in section 125.2 to pay
32for one hundred percent of the cost of the care, maintenance,
33and treatment of persons with substance-related disorders a
34substance use disorder, except when section 125.43A applies.
35All payments for state patients shall be made in accordance
-62-1with the limitations of this section. Such contracts shall be
2for a period of no more than one year.
32. The contract may be in the form and contain provisions
4as agreed upon by the parties. The contract shall provide
5that the facility shall admit and treat persons with
6substance-related disorders a substance use disorder regardless
7of where they have residence. If one payment for care,
8maintenance, and treatment is not made by the patient or
9those legally liable for the patient, the payment shall be
10made by the department directly to the facility. Payments
11shall be made each month and shall be based upon the rate of
12payment for services negotiated between the department and the
13contracting facility. If a facility projects a temporary cash
14flow deficit, the department may make cash advances at the
15beginning of each fiscal year to the facility. The repayment
16schedule for advances shall be part of the contract between the
17department and the facility. This section does not pertain to
18patients treated at the mental health institutes.
193. If the appropriation to the department is insufficient
20to meet the requirements of this section, the department shall
21request a transfer of funds and section 8.39 shall apply.
224. The person with a substance-related substance use
23 disorder is legally liable to the facility for the total amount
24of the cost of providing care, maintenance, and treatment for
25the person with a substance-related substance use disorder
26while a voluntary or committed patient in a facility. This
27section does not prohibit any individual from paying any
28portion of the cost of treatment.
295. The department is liable for the cost of care, treatment,
30and maintenance of persons with substance-related disorders a
31substance use disorder admitted to the facility voluntarily or
32pursuant to section 125.75, 125.81, or 125.91 or section 321J.3
33or 124.409 only to those facilities that have a contract with
34the department under this section, only for the amount computed
35according to and within the limits of liability prescribed by
-63-1this section, and only when the person with a substance-related
2 substance use disorder is unable to pay the costs and there is
3no other person, firm, corporation, or insurance company bound
4to pay the costs.
56. The department’s maximum liability for the costs of care,
6treatment, and maintenance of persons with substance-related
7disorders a substance use disorder in a contracting facility
8is limited to the total amount agreed upon by the parties and
9specified in the contract under this section.
10 Sec. 109. Section 125.46, Code 2023, is amended to read as
11follows:
12125.46 County of residence determined.
13The facility shall, when a person with a substance-related
14 substance use disorder is admitted, or as soon thereafter as
15it receives the proper information, determine and enter upon
16its records the Iowa county of residence of the person with a
17substance-related substance use disorder, or that the person
18resides in some other state or country, or that the person is
19unclassified with respect to residence.
20 Sec. 110. Section 125.55, Code 2023, is amended to read as
21follows:
22125.55 Audits.
23All licensed substance abuse use disorder programs are
24subject to annual audit either by the auditor of state or in
25lieu of an audit by the auditor of state the substance abuse
26 use disorder program may contract with or employ certified
27public accountants to conduct the audit, in accordance with
28sections 11.6, 11.14, and 11.19. The audit format shall be
29as prescribed by the auditor of state. The certified public
30accountant shall submit a copy of the audit to the director. A
31licensed substance abuse use disorder program is also subject
32to special audits as the director requests. The licensed
33substance abuse use disorder program or the department shall
34pay all expenses incurred by the auditor of state in conducting
35an audit under this section.
-64-1 Sec. 111. Section 125.58, Code 2023, is amended to read as
2follows:
3125.58 Inspection — penalties.
41. If the department has probable cause to believe that
5an institution, place, building, or agency not licensed as
6a substance abuse use disorder treatment and rehabilitation
7facility is in fact a substance abuse use disorder treatment
8and rehabilitation facility as defined by this chapter, and
9is not exempt from licensing by section 125.13, subsection 2,
10the board council may order an inspection of the institution,
11place, building, or agency. If the inspector upon presenting
12proper identification is denied entry for the purpose of making
13the inspection, the inspector may, with the assistance of
14the county attorney of the county in which the premises are
15located, apply to the district court for an order requiring
16the owner or occupant to permit entry and inspection of the
17premises to determine whether there have been violations
18of this chapter. The investigation may include review of
19records, reports, and documents maintained by the facility
20and interviews with staff members consistent with the
21confidentiality safeguards of state and federal law.
222. A person establishing, conducting, managing, or
23operating a substance abuse use disorder treatment and
24rehabilitation facility without a license is guilty of a
25serious misdemeanor. Each day of continued violation after
26conviction or notice from the department by certified mail of a
27violation shall be considered a separate offense or chargeable
28offense. A person establishing, conducting, managing or
29operating a substance abuse use disorder treatment and
30rehabilitation facility without a license may be temporarily
31or permanently restrained therefrom by a court of competent
32jurisdiction in an action brought by the state.
333. Notwithstanding the existence or pursuit of any other
34remedy, the department may, in the manner provided by law,
35maintain an action in the name of the state for injunction or
-65-1other process against a person or governmental unit to restrain
2or prevent the establishment, conduct, management or operation
3of a substance abuse use disorder treatment and rehabilitation
4facility without a license.
5 Sec. 112. Section 125.59, subsection 1, paragraph a,
6unnumbered paragraph 1, Code 2023, is amended to read as
7follows:
8Of these funds, notwithstanding section 125.13, subsection
91, one-half of the transferred amount shall be used for grants
10to counties operating a substance abuse use disorder program
11involving only education, prevention, referral or posttreatment
12services, either with the counties’ own employees or by
13contract with a nonprofit corporation. The grants shall not
14annually exceed ten thousand dollars to any one county, subject
15to the following conditions:
16 Sec. 113. Section 125.59, subsection 1, paragraph b, Code
172023, is amended to read as follows:
18b. If the transferred amount for this subsection exceeds
19grant requests funded to the ten thousand dollar maximum,
20the department of public health may use the remainder for
21activities and public information resources that align with
22best practices for substance-related substance use disorder
23prevention or to increase grants pursuant to subsection 2.
24 Sec. 114. Section 125.75, subsection 1, Code 2023, is
25amended to read as follows:
261. Proceedings for the involuntary commitment or treatment
27of a person with a substance-related substance use disorder
28to a facility pursuant to this chapter or for the involuntary
29hospitalization of a person pursuant to chapter 229 may
30be commenced by any interested person by filing a verified
31application with the clerk of the district court of the
32county where the respondent is presently located or which
33is the respondent’s place of residence. The clerk or the
34clerk’s designee shall assist the applicant in completing the
35application.
-66-1 Sec. 115. Section 125.75, subsection 2, paragraph a,
2subparagraph (1), Code 2023, is amended to read as follows:
3(1) A substance-related substance use disorder as defined
4in section 125.2.
5 Sec. 116. Section 125.80, subsections 3 and 4, Code 2023,
6are amended to read as follows:
73. If the report of a court-designated licensed physician
8and surgeon or osteopathic physician and surgeon or mental
9health professional is to the effect that the respondent is
10not a person with a substance-related substance use disorder,
11the court, without taking further action, shall terminate the
12proceeding and dismiss the application on its own motion and
13without notice.
144. If the report of a court-designated licensed physician
15and surgeon or osteopathic physician and surgeon or mental
16health professional is to the effect that the respondent is a
17person with a substance-related substance use disorder, the
18court shall schedule a commitment hearing as soon as possible.
19The hearing shall be held not more than forty-eight hours
20after the report is filed, excluding Saturdays, Sundays, and
21holidays, unless an extension for good cause is requested
22by the respondent, or as soon thereafter as possible if the
23court considers that sufficient grounds exist for delaying the
24hearing.
25 Sec. 117. Section 125.81, subsection 1, Code 2023, is
26amended to read as follows:
271. If a person filing an application requests that a
28respondent be taken into immediate custody, and the court upon
29reviewing the application and accompanying documentation, finds
30probable cause to believe that the respondent is a person with
31a substance-related substance use disorder who is likely to
32injure the person or other persons if allowed to remain at
33liberty, the court may enter a written order directing that
34the respondent be taken into immediate custody by the sheriff,
35and be detained until the commitment hearing, which shall
-67-1be held no more than five days after the date of the order,
2except that if the fifth day after the date of the order is
3a Saturday, Sunday, or a holiday, the hearing may be held on
4the next business day. The court may order the respondent
5detained for the period of time until the hearing is held, and
6no longer except as provided in section 125.88, in accordance
7with subsection 2, paragraph “a”, if possible, and if not, then
8in accordance with subsection 2, paragraph “b”, or, only if
9neither of these alternatives is available in accordance with
10subsection 2, paragraph “c”.
11 Sec. 118. Section 125.81, subsection 2, paragraph c, Code
122023, is amended to read as follows:
13c. In the nearest facility which is licensed to care for
14persons with mental illness or substance abuse use disorder,
15provided that detention in a jail or other facility intended
16for confinement of those accused or convicted of a crime shall
17not be ordered.
18 Sec. 119. Section 125.82, subsections 3 and 4, Code 2023,
19are amended to read as follows:
203. The person who filed the application and a licensed
21physician and surgeon or osteopathic physician and surgeon,
22mental health professional, or certified alcohol and drug
23counselor certified by the nongovernmental Iowa board of
24substance abuse certification who has examined the respondent
25in connection with the commitment hearing shall be present
26at the hearing, unless the court for good cause finds that
27their presence or testimony is not necessary. The applicant,
28respondent, and the respondent’s attorney may waive the
29presence or telephonic appearance of the licensed physician
30and surgeon or osteopathic physician and surgeon, mental
31health professional, or certified alcohol and drug counselor
32who examined the respondent and agree to submit as evidence
33the written report of the licensed physician and surgeon or
34osteopathic physician and surgeon, mental health professional,
35or certified alcohol and drug counselor. The respondent’s
-68-1attorney shall inform the court if the respondent’s attorney
2reasonably believes that the respondent, due to diminished
3capacity, cannot make an adequately considered waiver decision.
4“Good cause” for finding that the testimony of the licensed
5physician and surgeon or osteopathic physician and surgeon,
6mental health professional, or certified alcohol and drug
7counselor who examined the respondent is not necessary may
8include, but is not limited to, such a waiver. If the court
9determines that the testimony of the licensed physician and
10surgeon or osteopathic physician and surgeon, mental health
11professional, or certified alcohol and drug counselor is
12necessary, the court may allow the licensed physician and
13surgeon or osteopathic physician and surgeon, mental health
14professional, or certified alcohol and drug counselor to
15testify by telephone. The respondent shall be present at the
16hearing unless prior to the hearing the respondent’s attorney
17stipulates in writing that the attorney has conversed with the
18respondent, and that in the attorney’s judgment the respondent
19cannot make a meaningful contribution to the hearing, or that
20the respondent has waived the right to be present, and the
21basis for the attorney’s conclusions. A stipulation to the
22respondent’s absence shall be reviewed by the court before the
23hearing, and may be rejected if it appears that insufficient
24grounds are stated or that the respondent’s interests would not
25be served by the respondent’s absence.
264. The respondent’s welfare is paramount, and the hearing
27shall be tried as a civil matter and conducted in as informal a
28manner as is consistent with orderly procedure. The hearing
29may be held by video conference at the discretion of the
30court. Discovery as permitted under the Iowa rules of civil
31procedure is available to the respondent. The court shall
32receive all relevant and material evidence, but the court is
33not bound by the rules of evidence. A presumption in favor of
34the respondent exists, and the burden of evidence and support
35of the contentions made in the application shall be upon the
-69-1person who filed the application. If upon completion of the
2hearing the court finds that the contention that the respondent
3is a person with a substance-related substance use disorder has
4not been sustained by clear and convincing evidence, the court
5shall deny the application and terminate the proceeding.
6 Sec. 120. Section 125.83, Code 2023, is amended to read as
7follows:
8125.83 Placement for evaluation.
9If upon completion of the commitment hearing, the court
10finds that the contention that the respondent is a person with
11a substance-related substance use disorder has been sustained
12by clear and convincing evidence, the court shall order the
13respondent placed at a facility or under the care of a suitable
14facility on an outpatient basis as expeditiously as possible
15for a complete evaluation and appropriate treatment. The
16court shall furnish to the facility at the time of admission
17or outpatient placement, a written statement of facts setting
18forth the evidence on which the finding is based. The
19administrator of the facility shall report to the court no
20more than fifteen days after the individual is admitted to or
21placed under the care of the facility, which shall include the
22chief medical officer’s recommendation concerning treatment
23of a substance-related substance use disorder. An extension
24of time may be granted for a period not to exceed seven days
25upon a showing of good cause. A copy of the report shall be
26sent to the respondent’s attorney who may contest the need
27for an extension of time if one is requested. If the request
28is contested, the court shall make an inquiry as it deems
29appropriate and may either order the respondent released
30from the facility or grant an extension of time for further
31evaluation. If the administrator fails to report to the court
32within fifteen days after the individual is admitted to the
33facility, and no extension of time has been requested, the
34administrator is guilty of contempt and shall be punished
35under chapter 665. The court shall order a rehearing on the
-70-1application to determine whether the respondent should continue
2to be held at the facility.
3 Sec. 121. Section 125.83A, subsection 1, Code 2023, is
4amended to read as follows:
51. If upon completion of the commitment hearing, the court
6finds that the contention that the respondent is a person with
7a substance-related substance use disorder has been sustained
8by clear and convincing evidence, and the court is furnished
9evidence that the respondent is eligible for care and treatment
10in a facility operated by the United States department of
11veterans affairs or another agency of the United States
12government and that the facility is willing to receive the
13respondent, the court may so order. The respondent, when so
14placed in a facility operated by the United States department
15of veterans affairs or another agency of the United States
16government within or outside of this state, shall be subject to
17the rules of the United States department of veterans affairs
18or other agency, but shall not lose any procedural rights
19afforded the respondent by this chapter. The chief officer
20of the facility shall have, with respect to the respondent
21so placed, the same powers and duties as the chief medical
22officer of a hospital in this state would have in regard to
23submission of reports to the court, retention of custody,
24transfer, convalescent leave, or discharge. Jurisdiction
25is retained in the court to maintain surveillance of the
26respondent’s treatment and care, and at any time to inquire
27into the respondent’s condition and the need for continued care
28and custody.
29 Sec. 122. Section 125.84, Code 2023, is amended to read as
30follows:
31125.84 Evaluation report.
32The facility administrator’s report to the court of the
33chief medical officer’s substance abuse use disorder evaluation
34of the respondent shall be made no later than the expiration of
35the time specified in section 125.83. At least two copies of
-71-1the report shall be filed with the clerk, who shall distribute
2the copies in the manner described by section 125.80,
3subsection 2. The report shall state one of the four following
4alternative findings:
51. That the respondent does not, as of the date of the
6report, require further treatment for substance abuse use
7disorder. If the report so states, the court shall order the
8respondent’s immediate release from involuntary commitment and
9terminate the proceedings.
102. That the respondent is a person with a substance-related
11 substance use disorder who is in need of full-time custody,
12care, and treatment in a facility, and is considered likely
13to benefit from treatment. If the report so states, the
14court shall enter an order which may require the respondent’s
15continued placement and commitment to a facility for
16appropriate treatment.
173. That the respondent is a person with a substance-related
18 substance use disorder who is in need of treatment, but does
19not require full-time placement in a facility. If the report
20so states, the report shall include the chief medical officer’s
21recommendation for treatment of the respondent on an outpatient
22or other appropriate basis, and the court shall enter an order
23which may direct the respondent to submit to the recommended
24treatment. The order shall provide that if the respondent
25fails or refuses to submit to treatment, as directed by the
26court’s order, the court may order that the respondent be
27taken into immediate custody as provided by section 125.81
28and, following notice and hearing held in accordance with
29the procedures of sections 125.77 and 125.82, may order the
30respondent treated as a patient requiring full-time custody,
31care, and treatment as provided in subsection 2, and may order
32the respondent involuntarily committed to a facility.
334. That the respondent is a person with a substance-related
34 substance use disorder who is in need of treatment, but in
35the opinion of the chief medical officer is not responding to
-72-1the treatment provided. If the report so states, the report
2shall include the facility administrator’s recommendation for
3alternative placement, and the court shall enter an order
4which may direct the respondent’s transfer to the recommended
5placement or to another placement after consultation with the
6 respondent’s attorney and the facility administrator who made
7the report under this subsection.
8 Sec. 123. Section 125.85, subsection 1, Code 2023, is
9amended to read as follows:
101. A respondent committed under section 125.84, subsection
112, shall remain in the custody of a facility for treatment
12for a period of thirty days, unless sooner discharged. The
13department is not required to pay the cost of any medication or
14procedure provided to the respondent during that period which
15is not necessary or appropriate to the specific objectives
16of detoxification and treatment of substance abuse use
17disorder. At the end of the thirty-day period, the respondent
18shall be discharged automatically unless the administrator
19of the facility, before expiration of the period, obtains a
20court order for the respondent’s recommitment pursuant to an
21application under section 125.75, for a further period not to
22exceed ninety days.
23 Sec. 124. Section 125.91, Code 2023, is amended to read as
24follows:
25125.91 Emergency detention.
261. The procedure prescribed by this section shall only
27be used for a person with a substance-related substance
28use disorder due to intoxication or substance-induced
29incapacitation who has threatened, attempted, or inflicted
30physical self-harm or harm on another, and is likely to inflict
31physical self-harm or harm on another unless immediately
32detained, or who is incapacitated by a substance, if an
33application has not been filed naming the person as the
34respondent pursuant to section 125.75 and the person cannot be
35ordered into immediate custody and detained pursuant to section
-73-1125.81.
22. a. A peace officer who has reasonable grounds to believe
3that the circumstances described in subsection 1 are applicable
4may, without a warrant, take or cause that person to be taken
5to the nearest available facility referred to in section
6125.81, subsection 2, paragraph “b” or “c”. Such a person with
7a substance-related substance use disorder due to intoxication
8or substance-induced incapacitation who also demonstrates
9a significant degree of distress or dysfunction may also
10be delivered to a facility by someone other than a peace
11officer upon a showing of reasonable grounds. Upon delivery
12of the person to a facility under this section, the attending
13physician and surgeon or osteopathic physician and surgeon may
14order treatment of the person, but only to the extent necessary
15to preserve the person’s life or to appropriately control
16the person’s behavior if the behavior is likely to result in
17physical injury to the person or others if allowed to continue.
18The peace officer or other person who delivered the person to
19the facility shall describe the circumstances of the matter to
20the attending physician and surgeon or osteopathic physician
21and surgeon. If the person is a peace officer, the peace
22officer may do so either in person or by written report.
23b. If the attending physician and surgeon or osteopathic
24physician and surgeon has reasonable grounds to believe that
25the circumstances in subsection 1 are applicable, the facility
26shall have the authority to detain the person for a period of
27no longer than twelve hours. Within twelve hours of detaining
28a person pursuant to this section, the attending physician
29shall communicate with the nearest available magistrate.
30c. Once contacted pursuant to paragraph “b”, the magistrate
31shall, based upon the circumstances described by the attending
32physician and surgeon or osteopathic physician and surgeon,
33give the attending physician and surgeon or osteopathic
34physician and surgeon oral instructions either directing that
35the person be released forthwith, or authorizing the person’s
-74-1detention in an appropriate facility. The magistrate may also
2give oral instructions and order that the detained person be
3transported to an appropriate facility.
4d. If the magistrate orders that the person be detained, the
5magistrate shall, by the close of business on the next working
6day, file a written order with the clerk in the county where it
7is anticipated that an application may be filed under section
8125.75. The order may be filed by facsimile if necessary. The
9order shall state the circumstances under which the person was
10taken into custody or otherwise brought to a facility and the
11grounds supporting the finding of probable cause to believe
12that the person is a person with a substance-related substance
13use disorder likely to result in physical injury to the person
14or others if not detained. The order shall confirm the oral
15order authorizing the person’s detention including any order
16given to transport the person to an appropriate facility. The
17clerk shall provide a copy of that order to the attending
18physician and surgeon or osteopathic physician and surgeon at
19the facility to which the person was originally taken, any
20subsequent facility to which the person was transported, and
21to any law enforcement department or ambulance service that
22transported the person pursuant to the magistrate’s order.
233. The attending physician and surgeon or osteopathic
24physician and surgeon shall examine and may detain the person
25pursuant to the magistrate’s order for a period not to exceed
26forty-eight hours from the time the order is dated, excluding
27Saturdays, Sundays, and holidays, unless the order is dismissed
28by a magistrate. The facility may provide treatment which is
29necessary to preserve the person’s life or to appropriately
30control the person’s behavior if the behavior is likely to
31result in physical injury to the person or others if allowed
32to continue or is otherwise deemed medically necessary by
33the attending physician and surgeon or osteopathic physician
34and surgeon or mental health professional, but shall not
35otherwise provide treatment to the person without the person’s
-75-1consent. The person shall be discharged from the facility and
2released from detention no later than the expiration of the
3forty-eight-hour period, unless an application for involuntary
4commitment is filed with the clerk pursuant to section 125.75.
5The detention of a person by the procedure in this section, and
6not in excess of the period of time prescribed by this section,
7shall not render the peace officer, attending physician and
8surgeon or osteopathic physician and surgeon, or facility
9detaining the person liable in a criminal or civil action
10for false arrest or false imprisonment if the peace officer,
11attending physician and surgeon or osteopathic physician
12and surgeon, mental health professional, or facility had
13reasonable grounds to believe that the circumstances described
14in subsection 1 were applicable.
154. The cost of detention in a facility under the procedure
16prescribed in this section shall be paid in the same way as if
17the person had been committed to the facility pursuant to an
18application filed under section 125.75.
19 Sec. 125. Section 125.93, Code 2023, is amended to read as
20follows:
21125.93 Commitment records — confidentiality.
22Records of the identity, diagnosis, prognosis, or treatment
23of a person which are maintained in connection with the
24provision of substance abuse use disorder treatment services
25are confidential, consistent with the requirements of section
26125.37, and with the federal confidentiality regulations
27authorized by the federal Drug Abuse Office and Treatment Act,
28 42 U.S.C. §290ee and the federal Comprehensive Alcohol Abuse
29and Alcoholism Prevention, Treatment and Rehabilitation Act, 42
30U.S.C. §290dd-2. However, such records may be disclosed to an
31employee of the department of corrections, if authorized by the
32director of the department of corrections, or to an employee
33of a judicial district department of correctional services, if
34authorized by the director of the judicial district department
35of correctional services.
-76-1 Sec. 126. Section 135.1, Code 2023, is amended to read as
2follows:
3135.1 Definitions.
4For the purposes of chapter 155 and Title IV, subtitle 2,
5excluding chapter 146, unless otherwise defined:
61. “Director” shall mean means the director of public health
7and human services.
82. “Health officer” means the physician, physician
9assistant, advanced registered nurse practitioner, or advanced
10practice registered nurse who is the health officer of the
11local board of health.
123. “Local board” shall mean means the local board of health.
134. “Physician” means a person licensed to practice
14medicine and surgery, osteopathic medicine and surgery,
15chiropractic, podiatry, or optometry under the laws of this
16state; but a person licensed as a physician and surgeon shall
17be designated as a “physician” or “surgeon”, a person licensed
18as an osteopathic physician and surgeon shall be designated
19as an “osteopathic physician” or “osteopathic surgeon”, a
20person licensed as a chiropractor shall be designated as a
21“chiropractor”, a person licensed as a podiatrist shall be
22designated as a “podiatric physician”, and a person licensed
23as an optometrist shall be designated as an “optometrist”. A
24definition or designation contained in this subsection shall
25not be interpreted to expand the scope of practice of such
26licensees.
275. “Rules” shall include regulations and orders.
286. “State department” or “department” shall mean means the
29Iowa department of public health and human services.
30 Sec. 127. Section 135.11, Code 2023, is amended to read as
31follows:
32135.11 Duties Public health duties of department.
33The director of public health shall be the head of the “Iowa
34Department of Public Health”, which department shall:
351. Exercise general supervision over the public health,
-77-1promote public hygiene and sanitation, prevent substance abuse
2 use disorder and unless otherwise provided, enforce the laws
3relating to the same.
42. Conduct campaigns for the education of the people in
5hygiene and sanitation.
63. Issue monthly health bulletins containing fundamental
7health principles and other health data deemed of public
8interest.
94. Make investigations and surveys in respect to the
10causes of disease and epidemics, and the effect of locality,
11employment, and living conditions upon the public health. For
12this purpose the department may use the services of the experts
13connected with the state hygienic laboratory at the state
14university of Iowa.
155. Establish stations throughout the state for the
16distribution of antitoxins and vaccines to physicians,
17druggists pharmacists, and other persons, at cost. All
18antitoxin and vaccine thus distributed shall be labeled “Iowa
19Department of Public Health and Human Services”.
206. Exercise general supervision over the administration and
21enforcement of the sexually transmitted diseases and infections
22law, chapter 139A, subchapter II.
237. Exercise sole jurisdiction over the disposal and
24transportation of the dead bodies of human beings and prescribe
25the methods to be used in preparing such bodies for disposal
26and transportation. However, the department may approve
27a request for an exception to the application of specific
28embalming and disposition rules adopted pursuant to this
29subsection if such rules would otherwise conflict with tenets
30and practices of a recognized religious denomination to which
31the deceased individual adhered or of which denomination the
32deceased individual was a member. The department shall inform
33the board of mortuary science of any such approved exception
34which may affect services provided by a funeral director
35licensed pursuant to chapter 156.
-78- 18. Establish, publish, and enforce rules which require
2companies, corporations, and other entities to obtain a permit
3from the department prior to scattering cremated human remains.
49. Exercise general supervision over the administration and
5enforcement of the vital statistics law, chapter 144.
610. Enforce the law relative to chapter 146 and
7“Health-related Professions”, Title IV, subtitle 3, excluding
8chapter 155.
911. Establish and maintain divisions as are necessary
10for the proper enforcement of the laws administered by the
11department.
1212. Establish, publish, and enforce rules not inconsistent
13with law for the enforcement of the provisions of chapter 125
14and 155, and Title IV, subtitle 2, excluding chapter 146 and
15for the enforcement of the various laws, the administration and
16supervision of which are imposed upon the department.
1713. 10. Administer healthy aging and essential public
18health services by approving grants of state funds to the local
19boards of health for the purposes of promoting healthy aging
20throughout the lifespan and enhancing health promotion and
21disease prevention services, and by providing guidelines for
22the approval of the grants and allocation of the state funds.
23Guidelines, evaluation requirements and formula allocation
24procedures for the services shall be established by the
25department by rule.
2614. 11. Administer chapters 125, 136A, 136C, 139A, 142,
27142A, 144, and 147A.
2815. Issue an annual report to the governor as provided in
29section 7E.3, subsection 4.
3016. 12. Consult with the office of statewide clinical
31education programs at the university of Iowa college of
32medicine and annually submit a report to the general assembly
33by January 15 verifying the number of physicians in active
34practice in Iowa by county who are engaged in providing
35obstetrical care. To the extent data are readily available,
-79-1the report shall include information concerning the number
2of deliveries per year by specialty and county, the age of
3physicians performing deliveries, and the number of current
4year graduates of the university of Iowa college of medicine
5and the Des Moines university — osteopathic medical center
6entering into residency programs in obstetrics, gynecology,
7and family practice. The report may include additional
8data relating to access to obstetrical services that may be
9available.
1017. 13. Administer the statewide maternal and child health
11program and the program for children with disabilities by
12conducting mobile and regional child health specialty clinics
13and conducting other activities to improve the health of
14low-income women and children and to promote the welfare of
15children with actual or potential conditions which may cause
16disabilities and children with chronic illnesses in accordance
17with the requirements of Tit.V of the federal Social Security
18Act. The department shall provide technical assistance to
19encourage the coordination and collaboration of state agencies
20in developing outreach centers which provide publicly supported
21services for pregnant women, infants, and children. The
22department shall also, through cooperation and collaborative
23agreements with the department of human services and the
24 mobile and regional child health specialty clinics, establish
25common intake proceedings for maternal and child health
26services. The department shall work in cooperation with the
27legislative services agency in monitoring the effectiveness of
28the maternal and child health centers, including the provision
29of transportation for patient appointments and the keeping of
30scheduled appointments.
3118. 14. Establish, publish, and enforce rules requiring
32prompt reporting of methemoglobinemia, pesticide poisoning, and
33the reportable poisonings and illnesses established pursuant
34to section 139A.21.
3519. 15. Collect and maintain reports of pesticide
-80-1poisonings and other poisonings, illnesses, or injuries
2caused by selected chemical or physical agents,
3including methemoglobinemia and pesticide and fertilizer
4hypersensitivity; and compile and publish, annually, a
5statewide and county-by-county profile based on the reports.
620. 16. Adopt rules which require personnel of a licensed
7hospice, of a homemaker-home health aide provider agency
8which receives state homemaker-home health aide funds, or of
9an agency which provides respite care services and receives
10funds to complete training concerning blood-borne pathogens,
11including human immunodeficiency virus and viral hepatitis,
12consistent with standards from the federal occupational safety
13and health administration.
1421. 17. Adopt rules which require all emergency medical
15services personnel, fire fighters, and law enforcement
16personnel to complete training concerning blood-borne
17pathogens, including human immunodeficiency virus and
18viral hepatitis, consistent with standards from the federal
19occupational safety and health administration.
2022. 18. Adopt rules which provide for the testing of a
21convicted or alleged offender for the human immunodeficiency
22virus pursuant to sections 915.40 through 915.43. The rules
23shall provide for the provision of counseling, health care, and
24support services to the victim.
2523. 19. Establish ad hoc and advisory committees to the
26director in areas where technical expertise is not otherwise
27readily available. Members may be compensated for their actual
28and necessary expenses incurred in the performance of their
29duties. To encourage health consumer participation, public
30members may also receive a per diem as specified in section
317E.6 if funds are available and the per diem is determined
32to be appropriate by the director. Expense moneys paid to
33the members shall be paid from funds appropriated to the
34department. A majority of the members of such a committee
35constitutes a quorum.
-81- 124. 20. Administer annual grants to county boards of health
2for the purpose of conducting programs for the testing of
3private water supply wells, the closing of abandoned private
4water supply wells, and the renovation or rehabilitation of
5private water supply wells. Grants shall be funded through
6moneys transferred to the department from the agriculture
7management account of the groundwater protection fund pursuant
8to section 455E.11, subsection 2, paragraph “b”, subparagraph
9(2), subparagraph division (b). The department shall adopt
10rules relating to the awarding of the grants.
1125. 21. Establish and administer, if sufficient funds
12are available to the department, a program to assess and
13forecast health workforce supply and demand in the state for
14the purpose of identifying current and projected workforce
15needs. The program may collect, analyze, and report data that
16furthers the purpose of the program. The program shall not
17release information that permits identification of individual
18respondents of program surveys.
1926. 22. In consultation with the advisory committee for
20perinatal guidelines, develop and maintain the statewide
21perinatal program based on the recommendations of the American
22academy of pediatrics and the American college of obstetricians
23and gynecologists contained in the most recent edition of
24the guidelines for perinatal care, and shall adopt rules in
25accordance with chapter 17A to implement those recommendations.
26Hospitals within the state shall determine whether to
27participate in the statewide perinatal program, and select the
28hospital’s level of participation in the program. A hospital
29having determined to participate in the program shall comply
30with the guidelines appropriate to the level of participation
31selected by the hospital. Perinatal program surveys and
32reports are privileged and confidential and are not subject to
33discovery, subpoena, or other means of legal compulsion for
34their release to a person other than the affected hospital, and
35are not admissible in evidence in a judicial or administrative
-82-1proceeding other than a proceeding involving verification of
2the participating hospital under this subsection.
327. 23. In consultation with the department of corrections,
4the antibiotic resistance task force, and the American
5federation of state, county and municipal employees, develop
6educational programs to increase awareness and utilization of
7infection control practices in institutions listed in section
8904.102.
928. 24. Administer the Iowa youth survey, in collaboration
10with other state agencies, as appropriate, every two years to
11students in grades six, eight, and eleven in Iowa’s public
12and nonpublic schools. Survey data shall be evaluated and
13reported, with aggregate data available online at the Iowa
14youth survey internet site.
15 Sec. 128. Section 135.14, Code 2023, is amended to read as
16follows:
17135.14 State public health dental director — duties program.
181. The position of state public health dental director is
19established within the department.
202. The dental director department shall perform all of the
21following duties:
22a. 1. Plan and direct all work activities of the statewide
23public health dental program.
24b. 2. Develop comprehensive dental initiatives for
25prevention activities.
26c. 3. Evaluate the effectiveness of the statewide public
27health dental program and of program personnel.
28d. Manage the oral and health delivery systems bureau
29including direction, supervision, and fiscal management of
30bureau staff.
31e. 4. Other related work as required.
32 Sec. 129. Section 135.15, Code 2023, is amended to read as
33follows:
34135.15 Oral and health delivery systems bureau established —
35responsibilities.
-83- 1An oral and health delivery systems bureau is established
2within the division of health promotion and chronic disease
3prevention of the department. The bureau department shall be
4responsible for all of the following:
51. Providing population-based oral health services,
6including public health training, improvement of dental support
7systems for families, technical assistance, awareness-building
8activities, and educational services, at the state and local
9level to assist Iowans in maintaining optimal oral health
10throughout all stages of life.
112. Performing infrastructure building and enabling services
12through the administration of state and federal grant programs
13targeting access improvement, prevention, and local oral
14health programs utilizing maternal and child health programs,
15Medicaid, and other new or existing programs.
163. Leveraging federal, state, and local resources for
17programs under the purview of the bureau department.
184. Facilitating ongoing strategic planning and application
19of evidence-based research in oral health care policy
20development that improves oral health care access and the
21overall oral health of all Iowans.
225. Developing and implementing an ongoing oral health
23surveillance system for the evaluation and monitoring of
24the oral health status of children and other underserved
25populations.
266. Facilitating the provision of oral health services
27through dental homes. For the purposes of this section,
28“dental home” means a network of individualized care based on
29risk assessment, which includes oral health education, dental
30screenings, preventive services, diagnostic services, treatment
31services, and emergency services.
32 Sec. 130. Section 135.16A, subsection 2, Code 2023, is
33amended to read as follows:
342. a. The department of inspections and appeals shall
35assist the Iowa department of public health in adopting rules
-84-1necessary to implement and administer this section.
2b. If necessary to implement, administer, and enforce this
3section, the Iowa department of public health, in cooperation
4with the department of agriculture and land stewardship, shall
5submit a request to the United States department of agriculture
6for a waiver or other exception from regulations as deemed
7feasible by the Iowa department of public health. The Iowa
8 department of public health shall regularly report the status
9of such request to the legislative services agency.
10 Sec. 131. Section 135.22A, subsection 2, Code 2023, is
11amended to read as follows:
122. The advisory council on brain injuries is established.
13The following persons or their designees shall serve as ex
14officio, nonvoting members of the council:
15a. The director of public health and human services or the
16director’s designee.
17b. The director of human services and any division
18administrators of the department of human services so assigned
19by the director.
20c. b. The director of the department of education.
21d. c. The chief of the special education bureau of the
22department of education.
23e. d. The administrator of the division of vocational
24rehabilitation services of the department of education
25 workforce development.
26f. e. The director of the department for the blind.
27 Sec. 132. Section 135.22B, subsections 1, 2, 6, and 7, Code
282023, are amended to read as follows:
291. Definitions. For the purposes of this section:,
30a. “Brain injury services waiver” “brain injury services
31waiver” means the state’s medical assistance home and
32community-based services waiver for persons with brain injury
33implemented under chapter 249A.
34b. “Program administrator” means the division of the
35department designated to administer the brain injury services
-85-1program in accordance with subsection 2.
22. Program created.
3a. A brain injury services program is created and shall be
4administered by a division of the Iowa department of public
5health in cooperation with counties and the department of human
6services.
7b. The division of the department assigned to administer the
8advisory council on brain injuries under section 135.22A shall
9be the program administrator. The division department’s duties
10shall include but are not limited to serving as the fiscal
11agent and contract administrator for the program and providing
12program oversight.
13c. The division department shall consult with the advisory
14council on brain injuries, established pursuant to section
15135.22A, regarding the program and shall report to the council
16concerning the program at least quarterly. The council shall
17make recommendations to the department concerning the program’s
18operation.
196. Cost-share requirements.
20a. The cost-share component’s financial eligibility
21requirements shall be established in administrative rule. In
22establishing the requirements, the department shall consider
23the eligibility and cost-share requirements used for the hawk-i
24 Hawki program under chapter 514I.
25b. An individual’s cost-share responsibility for services
26under the cost-share component shall be determined on a
27sliding scale based upon the individual’s family income. An
28individual’s cost-share shall be assessed as a copayment, which
29shall not exceed thirty percent of the cost payable for the
30service.
31c. The service provider shall bill the department for the
32portion of the cost payable for the service that is not covered
33by the individual’s copayment responsibility.
347. Application process.
35a. The application materials for services under the
-86-1cost-share component of the brain injury services program
2shall use the application form and other materials of the
3brain injury services waiver. In order to apply for the brain
4injury services program, the applicant must authorize the
5department of human services to provide the applicant’s waiver
6application materials to the brain injury services program.
7The application materials provided shall include but are not
8limited to the waiver application and any denial letter,
9financial assessment, and functional assessment regarding the
10person.
11b. If a functional assessment for the waiver has not
12been completed due to a person’s financial ineligibility for
13the waiver, the brain injury services program may provide
14for a functional assessment to determine the person’s needs
15by reimbursing the department of human services for the
16assessment.
17c. The program administrator department shall file copies
18of the individual’s application and needs assessment with the
19program resource facilitator assigned to the individual’s
20geographic area.
21d. The department’s program administrator department shall
22make a final determination as to whether program funding will
23be authorized under the cost-share component.
24 Sec. 133. Section 135.24, subsection 2, unnumbered
25paragraph 1, Code 2023, is amended to read as follows:
26The department, in consultation with the department of human
27services, shall adopt rules to implement the volunteer health
28care provider program which shall include the following:
29 Sec. 134. Section 135.24A, Code 2023, is amended to read as
30follows:
31135.24A Free clinics — volunteer record check.
321. For purposes of this section, “free clinic” means a free
33clinic as defined in section 135.24 that is also a network
34of free clinics in this state that offers operational and
35collaborative opportunities to free clinics.
-87- 12. Persons who are potential volunteers or volunteers in
2a free clinic in a position having direct individual contact
3with patients of the free clinic shall be subject to criminal
4history and child and dependent adult abuse record checks in
5accordance with this section. The free clinic shall request
6that the department of public safety perform the criminal
7history check and the record check evaluation system of the
8 department of health and human services perform child and
9dependent adult abuse record checks of the person in this state
10and may request these checks in other states.
113. A free clinic subject to this section shall establish
12an evaluation process to determine whether a crime of founded
13child or dependent adult abuse warrants prohibition of the
14person’s participation as a volunteer in the free clinic.
15The evaluation process shall not be less stringent than
16the evaluation process performed by the department of human
17services record check evaluation system and shall be approved
18by the department of human services.
19 Sec. 135. Section 135.25, Code 2023, is amended to read as
20follows:
21135.25 Emergency medical services fund.
22An emergency medical services fund is created in the state
23treasury under the control of the department. The fund
24includes, but is not limited to, amounts appropriated by the
25general assembly, amounts transferred pursuant to section
26602.8108, subsection 4, and other moneys available from
27federal or private sources which are to be used for purposes
28of this section. Funds remaining in the fund at the end of
29each fiscal year shall not revert to the general fund of the
30state but shall remain in the emergency medical services fund,
31notwithstanding section 8.33. The fund is established to
32assist counties by matching, on a dollar-for-dollar basis,
33moneys spent by a county for the acquisition of equipment for
34the provision of emergency medical services and by providing
35grants to counties for education and training in the delivery
-88-1of emergency medical services, as provided in this section and
2section 422D.6. A county seeking matching funds under this
3section shall apply to the emergency medical services division
4of the department. The department shall adopt rules concerning
5the application and awarding process for the matching funds and
6the criteria for the allocation of moneys in the fund if the
7moneys are insufficient to meet the emergency medical services
8needs of the counties. Moneys allocated by the department to a
9county for emergency medical services purposes may be used for
10equipment or training and education as determined by the board
11of supervisors pursuant to section 422D.6.
12 Sec. 136. Section 135.36, Code 2023, is amended to read as
13follows:
14135.36 Interference with health department officer —
15penalties.
16Any person resisting or interfering with the department, its
17employees, or authorized agents, in the discharge of any duty
18imposed by law shall be guilty of a simple misdemeanor.
19 Sec. 137. Section 135.39, Code 2023, is amended to read as
20follows:
21135.39 Federal aid.
22The state department of public health is hereby authorized
23to may accept financial aid from the government of the United
24States for the purpose of assisting in carrying on public
25health or substance abuse use disorder responsibility in the
26state of Iowa.
27 Sec. 138. Section 135.39B, subsection 3, Code 2023, is
28amended to read as follows:
293. The prohibition under this section shall not apply to
30early childhood immunizations for influenza or in times of
31emergency or epidemic as determined by the director of public
32health. If an emergency or epidemic is determined to exist
33by the director of public health under this subsection, the
34director of public health shall notify the state board of
35 council on health and human services, the governor, and the
-89-1legislative council, and shall notify the public upon request.
2 Sec. 139. Section 135.39E, Code 2023, is amended to read as
3follows:
4135.39E Fluoridation in public water supply — notice of
5discontinuance.
61. At least ninety days prior to taking any action to
7permanently discontinue fluoridation in its water supply, an
8owner or operator of a public water supply system, as defined
9in section 455B.171, shall provide notice to the oral and
10health delivery systems bureau established in section 135.15
11department and the public water supply system’s customers.
122. In order to provide notice to its customers, the owner or
13operator of the public water supply system shall place a notice
14on each customer’s water bill or provide notice in a way that
15is reasonably calculated so that all customers will receive the
16notice.
173. Section 135.38 does not apply to violations of this
18section.
19 Sec. 140. Section 135.43, Code 2023, is amended to read as
20follows:
21135.43 Iowa child death review team established — duties.
221. An Iowa child death review team is established as part
23of the office of the state medical examiner in the department.
24The office of the state medical examiner department shall
25provide staffing and administrative support to the team.
262. The membership of the review team is subject to the
27provisions of sections 69.16 and 69.16A, relating to political
28affiliation and gender balance. Review team members who
29are not designated by another appointing authority shall be
30appointed by the state medical examiner director. Membership
31terms shall be for three years. A membership vacancy shall be
32filled in the same manner as the original appointment. The
33review team shall elect a chairperson and other officers as
34deemed necessary by the review team. The review team shall
35meet upon the call of the state medical examiner director or as
-90-1determined by the review team. The review team shall include
2the following:
3a. The state medical examiner or the state medical
4examiner’s designee.
5b. A certified or licensed professional who is knowledgeable
6concerning sudden infant death syndrome.
7c. A pediatrician who is knowledgeable concerning deaths of
8children.
9d. A family practice physician who is knowledgeable
10concerning deaths of children.
11e. One mental health professional who is knowledgeable
12concerning deaths of children.
13f. One social worker who is knowledgeable concerning deaths
14of children.
15g. A certified or licensed professional who is knowledgeable
16concerning domestic violence.
17h. A professional who is knowledgeable concerning substance
18abuse use disorder.
19i. A local law enforcement official.
20j. A county attorney.
21k. An emergency room nurse who is knowledgeable concerning
22the deaths of children.
23l. A perinatal expert.
24m. A representative of the health insurance industry.
25n. One other member who is appointed at large.
263. The review team shall perform the following duties:
27a. Collect, review, and analyze child death certificates and
28child death data, including patient records or other pertinent
29confidential information concerning the deaths of children
30under age eighteen, and other information as the review team
31deems appropriate for use in preparing an annual report to the
32governor and the general assembly concerning the causes and
33manner of child deaths. The report shall include analysis of
34factual information obtained through review and recommendations
35regarding prevention of child deaths.
-91- 1b. Recommend to the governor and the general assembly
2interventions to prevent deaths of children based on an
3analysis of the cause and manner of such deaths.
4c. Recommend to the agencies represented on the review team
5changes which may prevent child deaths.
6d. Except as authorized by this section, maintain the
7confidentiality of any patient records or other confidential
8information reviewed.
9e. Recommend to the department of human services,
10appropriate law enforcement agencies, and any other person
11involved with child protection, interventions that may prevent
12harm to a child who is related to or is living in the same home
13as a child whose case is reviewed by the team.
14f. If the sharing of information is necessary to assist in
15or initiate a child death investigation or criminal prosecution
16and the office or agency receiving the information does not
17otherwise have access to the information, share information
18possessed by the review team with the office of the attorney
19general, a county attorney’s office, or an appropriate
20law enforcement agency. The office or agency receiving
21the information shall maintain the confidentiality of the
22information in accordance with this section. Unauthorized
23release or disclosure of the information received is subject to
24penalty as provided in this section.
25g. In order to assist a division of the department in
26performing the division’s department’s duties, if the division
27 department does not otherwise have access to the information,
28share information possessed by the review team. The division
29receiving recipient of the information shall maintain the
30confidentiality of the information in accordance with this
31section. Unauthorized release or disclosure of the information
32received is subject to penalty as provided in this section.
334. The review team department shall develop protocols for a
34child fatality review committee, to be appointed by the state
35medical examiner director on an ad hoc basis, to immediately
-92-1review the child abuse assessments which involve the fatality
2of a child under age eighteen. The state medical examiner
3 director shall appoint a medical examiner, a pediatrician, and
4a person involved with law enforcement to the committee.
5a. The purpose of the review shall be to determine
6whether the department of human services and others involved
7with the case of child abuse responded appropriately. The
8protocols shall provide for the committee to consult with any
9multidisciplinary team, as defined in section 235A.13, that
10is operating in the area in which the fatality occurred. The
11protocols shall also ensure that a member of the child fatality
12review committee does not have a conflict of interest regarding
13the child fatality under review.
14b. The committee shall have access to patient records
15and other pertinent confidential information and, subject to
16the restrictions in this subsection, may redisseminate the
17confidential information in the committee’s report.
18c. Upon completion of the review, the committee shall issue
19a report which shall include findings concerning the case and
20recommendations for changes to prevent child fatalities when
21similar circumstances exist. The report shall include but
22is not limited to the following information, subject to the
23restrictions listed in paragraph “d”:
24(1) The dates, outcomes, and results of any actions taken by
25the department of human services and others in regard to each
26report and allegation of child abuse involving the child who
27died.
28(2) The results of any review of the case performed by a
29multidisciplinary team, or by any other public entity that
30reviewed the case.
31(3) Confirmation of receipt by the department of human
32services of any report of child abuse involving the child,
33including confirmation as to whether or not any assessment
34involving the child was performed in accordance with section
35232.71B, the results of any assessment, a description of the
-93-1most recent assessment and the services offered to the family,
2the services rendered to the family, and the basis for the
3department’s decisions concerning the case.
4d. Prior to issuing the report, the committee shall consult
5with the county attorney responsible for prosecution of the
6alleged perpetrator of the child fatality. The committee’s
7report shall include child abuse information associated with
8the case and the child, but is subject to the restrictions
9applicable to the department of human services for release of
10information concerning a child fatality or near fatality in
11accordance with section 235A.15, subsection 9.
12e. Following the completion of the trial of any alleged
13perpetrator of the child fatality and the appeal period
14for the granting of a new trial, the committee shall issue
15a supplemental report containing the information that was
16withheld, in accordance with paragraph “d”, so as not to
17jeopardize the prosecution or the rights of the alleged
18perpetrator to a fair trial as described in section 235A.15,
19subsection 9, paragraphs “e” and “f”.
20f. The report and any supplemental report shall be submitted
21to the governor and general assembly.
22g. If deemed appropriate by the committee, at any point
23in the review the committee may recommend to the department
24of human services, appropriate law enforcement agencies, and
25any other person involved with child protection, interventions
26that may prevent harm to a child who is related to or is living
27in the same home as a child whose case is reviewed by the
28committee.
295. a. The following individuals shall designate a liaison
30to assist the review team in fulfilling its responsibilities:
31(1) The director of public health and human services.
32(2) The director of human services.
33(3) (2) The commissioner of public safety.
34(4) (3) The attorney general.
35(5) (4) The director of transportation.
-94- 1(6) (5) The director of the department of education.
2b. In addition, the chairperson of the review team
3 department shall designate a liaison from the public at large
4to assist the review team in fulfilling its responsibilities.
56. The review team may establish subcommittees to which the
6team may delegate some or all of the team’s responsibilities
7under subsection 3.
87. a. The state medical examiner, the Iowa department
9of public health, and the department of human services shall
10adopt rules providing for disclosure of information which is
11confidential under chapter 22 or any other provision of state
12law, to the review team for purposes of performing its child
13death and child abuse review responsibilities.
14b. A person in possession or control of medical,
15investigative, assessment, or other information pertaining to a
16child death and child abuse review shall allow the inspection
17and reproduction of the information by the office of the state
18medical examiner department upon the request of the office
19 department, to be used only in the administration and for
20the duties of the Iowa child death review team. Except as
21provided for a report on a child fatality by an ad hoc child
22fatality review committee under subsection 4, information and
23records produced under this section which are confidential
24under section 22.7 and chapter 235A, and information or records
25received from the confidential records, remain confidential
26under this section. A person does not incur legal liability
27by reason of releasing information to the department or the
28office of the state medical examiner as required under and in
29compliance with this section.
308. Review team members and their agents are immune from any
31liability, civil or criminal, which might otherwise be incurred
32or imposed as a result of any act, omission, proceeding,
33decision, or determination undertaken or performed, or
34recommendation made as a review team member or agent provided
35that the review team members or agents acted in good faith
-95-1and without malice in carrying out their official duties in
2their official capacity. The state medical examiner department
3 shall adopt rules pursuant to chapter 17A to administer
4this subsection. A complainant bears the burden of proof in
5establishing malice or lack of good faith in an action brought
6against review team members involving the performance of their
7duties and powers under this section.
89. A person who releases or discloses confidential data,
9records, or any other type of information in violation of this
10section is guilty of a serious misdemeanor.
11 Sec. 141. Section 135.61, subsection 12, Code 2023, is
12amended to read as follows:
1312. “Health services” means clinically related diagnostic,
14curative, or rehabilitative services, and includes alcoholism,
15drug abuse, substance use disorder and mental health services.
16 Sec. 142. Section 135.100, subsection 1, Code 2023, is
17amended to read as follows:
181. “Department” means the Iowa department of public health
19and human services.
20 Sec. 143. Section 135.101, Code 2023, is amended to read as
21follows:
22135.101 Childhood lead poisoning prevention program.
23There is established a childhood lead poisoning prevention
24program within the Iowa department of public health. The
25department shall implement and review programs necessary to
26eliminate potentially dangerous toxic lead levels in children
27in Iowa in a year for which funds are appropriated to the
28department for this purpose.
29 Sec. 144. Section 135.106, subsection 1, unnumbered
30paragraph 1, Code 2023, is amended to read as follows:
31The Iowa department of public health shall establish a
32healthy opportunities for parents to experience success (HOPES)
33– healthy families Iowa (HFI) program to provide services to
34families and children during the prenatal through preschool
35years. The program shall be designed to do all of the
-96-1following:
2 Sec. 145. Section 135.106, subsection 2, unnumbered
3paragraph 1, Code 2023, is amended to read as follows:
4The HOPES-HFI program shall be developed by the Iowa
5 department of public health, and may be implemented, in
6whole or in part, by contracting with a nonprofit child
7abuse prevention organization, local nonprofit certified home
8health program or other local nonprofit organizations, and
9shall include, but is not limited to, all of the following
10components:
11 Sec. 146. Section 135.106, subsection 3, Code 2023, is
12amended to read as follows:
133. It is the intent of the general assembly to provide
14communities with the discretion and authority to redesign
15existing local programs and services targeted at and assisting
16families expecting babies and families with children who
17are newborn through five years of age. The Iowa department
18of public health, department of human services, department
19of education, and other state agencies and programs, as
20appropriate, shall provide technical assistance and support
21to communities desiring to redesign their local programs and
22shall facilitate the consolidation of existing state funding
23appropriated and made available to the community for family
24support services. Funds which are consolidated in accordance
25with this subsection shall be used to support the redesigned
26service delivery system. In redesigning services, communities
27are encouraged to implement a single uniform family risk
28assessment mechanism and shall demonstrate the potential for
29improved outcomes for children and families. Requests by
30local communities for the redesigning of services shall be
31submitted to the Iowa department of public health, department
32of human services, and the department of education, and are
33subject to the approval of the early childhood Iowa state board
34in consultation with the departments, based on the practices
35utilized with early childhood Iowa areas under chapter 256I.
-97-1 Sec. 147. Section 135.107, Code 2023, is amended to read as
2follows:
3135.107 Center for rural Rural health and primary care
4established — duties.
51. The center for rural health and primary care is
6established within the department.
72. 1. The center for rural health and primary care
8 department shall do all of the following:
9a. Provide technical planning assistance to rural
10communities and counties exploring innovative means of
11delivering rural health services through community health
12services assessment, planning, and implementation, including
13but not limited to hospital conversions, cooperative agreements
14among hospitals, physician and health practitioner support,
15recruitment and retention of primary health care providers,
16public health services, emergency medical services, medical
17assistance facilities, rural health care clinics, and
18alternative means which may be included in the long-term
19community health services assessment and developmental plan.
20The center for rural health and primary care department
21 shall encourage collaborative efforts of the local boards of
22health, hospital governing boards, and other public and private
23entities located in rural communities to adopt a long-term
24community health services assessment and developmental plan
25pursuant to rules adopted by the department and perform the
26duties required of the Iowa department of public health in
27section 135B.33.
28b. Provide technical assistance to assist rural communities
29in improving Medicare reimbursements through the establishment
30of rural health clinics, defined pursuant to 42 U.S.C. §1395x,
31and distinct part skilled nursing facility beds.
32c. Coordinate services to provide research for the following
33items:
34(1) Examination of the prevalence of rural occupational
35health injuries in the state.
-98- 1(2) Assessment of training and continuing education
2available through local hospitals and others relating to
3diagnosis and treatment of diseases associated with rural
4occupational health hazards.
5(3) Determination of continuing education support necessary
6for rural health practitioners to diagnose and treat illnesses
7caused by exposure to rural occupational health hazards.
8(4) Determination of the types of actions that can help
9prevent agricultural accidents.
10(5) Surveillance and reporting of disabilities suffered
11by persons engaged in agriculture resulting from diseases
12or injuries, including identifying the amount and severity
13of agricultural-related injuries and diseases in the state,
14identifying causal factors associated with agricultural-related
15injuries and diseases, and indicating the effectiveness of
16intervention programs designed to reduce injuries and diseases.
17d. Cooperate with the center for agricultural safety and
18health established under section 262.78, the center for health
19effects of environmental contamination established under
20section 263.17, and the department of agriculture and land
21stewardship. The agencies shall coordinate programs to the
22extent practicable.
23e. Administer grants for farm safety education efforts
24directed to rural families for the purpose of preventing
25farm-related injuries to children.
263. 2. The center for rural health and primary care
27 department shall establish a primary care provider recruitment
28and retention endeavor, to be known as PRIMECARRE. The
29endeavor shall include a health care workforce and community
30support grant program and a primary care provider loan
31repayment program. The endeavor shall be developed and
32implemented in a manner to promote and accommodate local
33creativity in efforts to recruit and retain health care
34professionals to provide services in the locality. The
35focus of the endeavor shall be to promote and assist local
-99-1efforts in developing health care provider recruitment and
2retention programs. The center for rural health and primary
3care department may enter into an agreement with the college
4student aid commission for the administration of the center’s
5 department’s grant and loan repayment programs.
6a. Health care workforce and community support grant program.
7(1) The center for rural health and primary care department
8 shall adopt rules establishing flexible application processes
9based upon the department’s strategic plan to be used by the
10center department to establish a grant assistance program as
11provided in this paragraph “a”, and establishing the criteria
12to be used in evaluating the applications. Selection criteria
13shall include a method for prioritizing grant applications
14based on illustrated efforts to meet the health care provider
15needs of the locality and surrounding area. Such assistance
16may be in the form of a forgivable loan, grant, or other
17nonfinancial assistance as deemed appropriate by the center
18 department. An application submitted may contain a commitment
19of matching funds for the grant assistance. Application may
20be made for assistance by a single community or group of
21communities or in response to programs recommended in the
22strategic plan to address health workforce shortages.
23(2) Grants awarded under the program shall be awarded
24to rural, underserved areas or special populations as
25identified by the department’s strategic plan or evidence-based
26documentation.
27b. Primary care provider loan repayment program.
28(1) A primary care provider loan repayment program is
29established to increase the number of health professionals
30practicing primary care in federally designated health
31professional shortage areas of the state. Under the program,
32loan repayment may be made to a recipient for educational
33expenses incurred while completing an accredited health
34education program directly related to obtaining credentials
35necessary to practice the recipient’s health profession.
-100- 1(2) The center for rural health and primary care
2 department shall adopt rules relating to the establishment and
3administration of the primary care provider loan repayment
4program. Rules adopted pursuant to this paragraph shall
5provide, at a minimum, for all of the following:
6(a) Determination of eligibility requirements and
7qualifications of an applicant to receive loan repayment under
8the program, including but not limited to years of obligated
9service, clinical practice requirements, and residency
10requirements. One year of obligated service shall be provided
11by the applicant in exchange for each year of loan repayment,
12unless federal requirements otherwise require. Loan repayment
13under the program shall not be approved for a health provider
14whose license or certification is restricted by a medical
15regulatory authority of any jurisdiction of the United States,
16other nations, or territories.
17(b) Identification of federally designated health
18professional shortage areas of the state and prioritization of
19such areas according to need.
20(c) Determination of the amount and duration of the loan
21repayment an applicant may receive, giving consideration to the
22availability of funds under the program, and the applicant’s
23outstanding educational loans and professional credentials.
24(d) Determination of the conditions of loan repayment
25applicable to an applicant.
26(e) Enforcement of the state’s rights under a loan repayment
27program contract, including the commencement of any court
28action.
29(f) Cancellation of a loan repayment program contract for
30reasonable cause unless federal requirements otherwise require.
31(g) Participation in federal programs supporting repayment
32of loans of health care providers and acceptance of gifts,
33grants, and other aid or amounts from any person, association,
34foundation, trust, corporation, governmental agency, or other
35entity for the purposes of the program.
-101- 1(h) Upon availability of state funds, determination of
2eligibility criteria and qualifications for participating
3communities and applicants not located in federally designated
4shortage areas.
5(i) Other rules as necessary.
64. 3. a. Eligibility under any of the programs established
7under the primary care provider recruitment and retention
8endeavor shall be based upon a community health services
9assessment completed under subsection 2, paragraph “a”.
10Participation in a community health services assessment process
11shall be documented by the community or region.
12b. Assistance under this subsection shall not be granted
13until such time as the community or region making application
14has completed a community health services assessment and
15adopted a long-term community health services assessment and
16developmental plan. In addition to any other requirements, an
17applicant’s plan shall include, to the extent possible, a clear
18commitment to informing high school students of the health care
19opportunities which may be available to such students.
20c. The center for rural health and primary care department
21 shall seek additional assistance and resources from other state
22departments and agencies, federal agencies and grant programs,
23private organizations, and any other person, as appropriate.
24The center department is authorized and directed to accept
25on behalf of the state any grant or contribution, federal or
26otherwise, made to assist in meeting the cost of carrying out
27the purpose of this subsection. All federal grants to and the
28federal receipts of the center department are appropriated
29for the purpose set forth in such federal grants or receipts.
30Funds appropriated by the general assembly to the center
31 department for implementation of this subsection shall first
32be used for securing any available federal funds requiring a
33state match, with remaining funds being used for the health
34care workforce and community support grant program.
35d. The center for rural health and primary care department
-102-1 may, to further the purposes of this subsection, provide
2financial assistance in the form of grants to support
3the effort of a community which is clearly part of the
4community’s long-term community health services assessment
5and developmental plan. Efforts for which such grants may
6be awarded include but are not limited to the procurement of
7clinical equipment, clinical facilities, and telecommunications
8facilities, and the support of locum tenens arrangements and
9primary care provider mentor programs.
10 Sec. 148. Section 135.108, subsections 1 and 2, Code 2023,
11are amended to read as follows:
121. “Department” means the Iowa department of public health
13and human services.
142. “Director” means the director of public health and human
15services.
16 Sec. 149. Section 135.109, Code 2023, is amended to read as
17follows:
18135.109 Iowa domestic abuse death review team membership.
191. An Iowa domestic abuse death review team is established
20as an independent agency of state government in the department.
212. The department shall provide staffing and administrative
22support to the team.
233. The team shall include the following members:
24a. The state medical examiner or the state medical
25examiner’s designee.
26b. A licensed physician, physician assistant, or nurse who
27is knowledgeable concerning domestic abuse injuries and deaths,
28including suicides.
29c. A licensed mental health professional who is
30knowledgeable concerning domestic abuse.
31d. A representative or designee of the Iowa coalition
32against domestic violence.
33e. A certified or licensed professional who is knowledgeable
34concerning substance abuse use disorder.
35f. A law enforcement official who is knowledgeable
-103-1concerning domestic abuse.
2g. A law enforcement investigator experienced in domestic
3abuse investigation.
4h. An attorney experienced in prosecuting domestic abuse
5cases.
6i. A judicial officer appointed by the chief justice of the
7supreme court.
8j. A clerk of the district court appointed by the chief
9justice of the supreme court.
10k. An employee or subcontractor of the department of
11corrections who is a trained batterers’ education program
12facilitator.
13l. An attorney licensed in this state who provides criminal
14defense assistance or child custody representation, and who has
15experience in dissolution of marriage proceedings.
16m. Both a female and a male victim of domestic abuse.
17n. A family member of a decedent whose death resulted from
18domestic abuse.
194. The following individuals shall each designate a liaison
20to assist the team in fulfilling the team’s duties:
21a. The attorney general.
22b. The director of the Iowa department of corrections.
23c. The director of public health.
24d. c. The director of health and human services.
25e. d. The commissioner of public safety.
26f. The administrator of the bureau of vital records of the
27Iowa department of public health.
28g. e. The director of the department of education.
29h. f. The state court administrator.
30i. The director of the department of human rights.
31j. g. The director of the state law enforcement academy.
325. a. The director of public health, in consultation with
33the attorney general, shall appoint review team members who are
34not designated by another appointing authority.
35b. A membership vacancy shall be filled in the same manner
-104-1as the original appointment.
2c. The membership of the review team is subject to the
3provisions of sections 69.16 and 69.16A, relating to political
4affiliation and gender balance.
5d. A member of the team may be reappointed to serve
6additional terms on the team, subject to the provisions of
7chapter 69.
86. Membership terms shall be three-year staggered terms.
97. Members of the team are eligible for reimbursement of
10actual and necessary expenses incurred in the performance of
11their official duties.
128. Team members and their agents are immune from any
13liability, civil or criminal, which might otherwise be incurred
14or imposed as a result of any act, omission, proceeding,
15decision, or determination undertaken or performed, or
16recommendation made as a team member or agent provided that the
17team members or agents acted reasonably and in good faith and
18without malice in carrying out their official duties in their
19official capacity. A complainant bears the burden of proof
20in establishing malice or unreasonableness or lack of good
21faith in an action brought against team members involving the
22performance of their duties and powers.
23 Sec. 150. Section 135.118, subsection 1, Code 2023, is
24amended to read as follows:
251. A child protection center grant program is established
26in the Iowa department of public health in accordance with
27this section. The director of public health department shall
28establish requirements for the grant program and shall award
29grants. A grant may be used for establishment of a new center
30or for support of an existing center.
31 Sec. 151. Section 135.118, subsection 2, paragraph d, Code
322023, is amended to read as follows:
33d. As necessary to address serious cases of child abuse such
34as those involving sexual abuse, serious physical abuse, and
35substance abuse use disorder, a grantee must be able to involve
-105-1or consult with persons from various professional disciplines
2who have training and expertise in addressing special types
3of child abuse. These persons may include but are not
4limited to physicians and other health care professionals,
5mental health professionals, social workers, child protection
6workers, attorneys, juvenile court officers, public health
7workers, child development experts, child educators, and child
8advocates.
9 Sec. 152. Section 135.118, subsection 3, Code 2023, is
10amended to read as follows:
113. The director shall create a committee to consider grant
12proposals and to make grant recommendations to the director.
13The committee membership may include but is not limited to
14representatives of the following: departments of health and
15 human services, and justice, and public health, Iowa medical
16society, Iowa hospital association, Iowa nurses association,
17and an association representing social workers.
18 Sec. 153. Section 135.140, Code 2023, is amended to read as
19follows:
20135.140 Definitions.
21As used in this subchapter, unless the context otherwise
22requires:
231. “Bioterrorism” means the intentional use of any
24microorganism, virus, infectious substance, or biological
25product that may be engineered as a result of biotechnology,
26or any naturally occurring or bioengineered component of any
27such microorganism, virus, infectious substance, or biological
28product, to cause death, disease, or other biological
29malfunction in a human, an animal, a plant, or another living
30organism.
312. “Department” means the Iowa department of public health
32and human services.
333. “Director” means the director of public health and human
34services or the director’s designee.
354. “Disaster” means disaster as defined in section 29C.2.
-106- 15. “Division” means the division of acute disease prevention
2and emergency response of the department.
36. 5. “Public health disaster” means a state of disaster
4emergency proclaimed by the governor in consultation with the
5department pursuant to section 29C.6 for a disaster which
6specifically involves an imminent threat of an illness or
7health condition that meets any of the following conditions of
8paragraphs “a” and “b”:
9a. Is reasonably believed to be caused by any of the
10following:
11(1) Bioterrorism or other act of terrorism.
12(2) The appearance of a novel or previously controlled or
13eradicated infectious agent or biological toxin.
14(3) A chemical attack or accidental release.
15(4) An intentional or accidental release of radioactive
16material.
17(5) A nuclear or radiological attack or accident.
18(6) A natural occurrence or incident, including but not
19limited to fire, flood, storm, drought, earthquake, tornado,
20or windstorm.
21(7) A man-made occurrence or incident, including but not
22limited to an attack, spill, or explosion.
23b. Poses a high probability of any of the following:
24(1) A large number of deaths in the affected population.
25(2) A large number of serious or long-term disabilities in
26the affected population.
27(3) Widespread exposure to an infectious or toxic agent that
28poses a significant risk of substantial future harm to a large
29number of the affected population.
30(4) Short-term or long-term physical or behavioral health
31consequences to a large number of the affected population.
327. 6. “Public health response team” means a team of
33professionals, including licensed health care providers,
34nonmedical professionals skilled and trained in disaster or
35emergency response, and public health practitioners, which is
-107-1sponsored by a hospital or other entity and approved by the
2department to provide disaster assistance in the event of a
3disaster or threatened disaster.
4 Sec. 154. Section 135.141, Code 2023, is amended to read as
5follows:
6135.141 Division of Department duties related to acute
7disease prevention and emergency response — establishment —
8duties of department.
91. A division of acute disease prevention and emergency
10response is established within the department. The division
11 department shall coordinate the administration of this
12subchapter with other administrative divisions of the
13department and with federal, state, and local agencies and
14officials.
152. The department shall do all of the following:
16a. Coordinate with the department of homeland security and
17emergency management the administration of emergency planning
18matters which involve the public health, including development,
19administration, and execution of the public health components
20of the comprehensive emergency plan and emergency management
21program pursuant to section 29C.8.
22b. Coordinate with federal, state, and local agencies and
23officials, and private agencies, organizations, companies, and
24persons, the administration of emergency planning, response,
25and recovery matters that involve the public health.
26c. If a public health disaster exists, or if there is
27reasonable cause to believe that a public health disaster is
28imminent, conduct a risk assessment of any present or potential
29danger to the public health from chemical, radiological, or
30other potentially dangerous agents.
31d. For the purpose of paragraph “c”, an employee or agent
32of the department may enter into and examine any premises
33containing potentially dangerous agents with the consent of the
34owner or person in charge of the premises or, if the owner or
35person in charge of the premises refuses admittance, with an
-108-1administrative search warrant obtained under section 808.14.
2Based on findings of the risk assessment and examination of the
3premises, the director may order reasonable safeguards or take
4any other action reasonably necessary to protect the public
5health pursuant to rules adopted to administer this subsection.
6e. Coordinate the location, procurement, storage,
7transportation, maintenance, and distribution of medical
8supplies, drugs, antidotes, and vaccines to prepare for or in
9response to a public health disaster, including receiving,
10distributing, and administering items from the strategic
11national stockpile program of the centers for disease control
12and prevention of the United States department of health and
13human services.
14f. Conduct or coordinate public information activities
15regarding emergency and disaster planning, response, and
16recovery matters that involve the public health.
17g. Apply for and accept grants, gifts, or other funds to be
18used for programs authorized by this subchapter.
19h. Establish and coordinate other programs or activities
20as necessary for the prevention, detection, management, and
21containment of public health disasters, and for the recovery
22from such disasters.
23i. Adopt rules pursuant to chapter 17A for the
24administration of this subchapter including rules adopted in
25cooperation with the Iowa pharmacy association and the Iowa
26hospital association for the development of a surveillance
27system to monitor supplies of drugs, antidotes, and vaccines to
28assist in detecting a potential public health disaster. Prior
29to adoption, the rules shall be approved by the state board of
30health council on health and human services and the director of
31the department of homeland security and emergency management.
32 Sec. 155. Section 135.166, subsection 1, paragraph a, Code
332023, is amended to read as follows:
34a. The department of public health shall enter into a
35memorandum of understanding with the contractor selected
-109-1through a request for proposals process to act as the
2department’s intermediary in collecting, maintaining, and
3disseminating hospital inpatient, outpatient, and ambulatory
4data, as initially authorized in 1996 Iowa Acts, ch.1212, §5,
5subsection 1, paragraph “a”, subparagraph (4), and 641 IAC
6177.3.
7 Sec. 156. Section 135.173A, Code 2023, is amended to read
8as follows:
9135.173A Child care advisory committee.
101. The early childhood stakeholders alliance shall
11establish a state child care advisory committee as part of the
12stakeholders alliance. The advisory committee shall advise
13and make recommendations to the governor, general assembly,
14department of human services, and other state agencies
15concerning child care.
162. The membership of the advisory committee shall consist of
17a broad spectrum of parents and other persons from across the
18state with an interest in or involvement with child care.
193. Except as otherwise provided, the voting members of
20the advisory committee shall be appointed by the stakeholders
21alliance from a list of names submitted by a nominating
22committee to consist of one member of the advisory committee,
23one member of the department of human services’ department’s
24 child care staff, three consumers of child care, and one member
25of a professional child care organization. Two names shall be
26submitted for each appointment. The voting members shall be
27appointed for terms of three years.
284. The voting membership of the advisory committee shall be
29appointed in a manner so as to provide equitable representation
30of persons with an interest in child care and shall include all
31of the following:
32a. Two parents of children served by a registered child
33development home.
34b. Two parents of children served by a licensed center.
35c. Two not-for-profit child care providers.
-110- 1d. Two for-profit child care providers.
2e. One child care home provider.
3f. Three child development home providers.
4g. One child care resource and referral service grantee.
5h. One nongovernmental child advocacy group representative.
6i. One designee of the department of human services.
7j. One designee of the Iowa department of public health.
8k. j. One designee of the department of education.
9l. k. One head start program provider.
10m. l. One person who is a business owner or executive
11officer from nominees submitted by the Iowa chamber of commerce
12executives.
13n. One designee of the early childhood Iowa office of the
14department of management.
15o. m. One person who is a member of the Iowa afterschool
16alliance.
17p. n. One person who is part of a local program
18implementing the statewide preschool program for four-year-old
19children under chapter 256C.
20q. o. One person who represents the early childhood
21stakeholders alliance.
225. In addition to the voting members of the advisory
23committee, the membership shall include four legislators as
24ex officio, nonvoting members. The four legislators shall
25be appointed one each by the majority leader of the senate,
26the minority leader of the senate, the speaker of the house
27of representatives, and the minority leader of the house of
28representatives for terms as provided in section 69.16B.
296. In fulfilling the advisory committee’s role, the
30committee shall do all of the following:
31a. Consult with the department of human services and make
32recommendations concerning policy issues relating to child
33care.
34b. Advise the department of human services concerning
35services relating to child care, including but not limited to
-111-1any of the following:
2(1) Resource and referral services.
3(2) Provider training.
4(3) Quality improvement.
5(4) Public-private partnerships.
6(5) Standards review and development.
7(6) The federal child care and development block grant,
8state funding, grants, and other funding sources for child
9care.
10c. Assist the department of human services in developing an
11implementation plan to provide seamless service to recipients
12of public assistance, which includes child care services.
13For the purposes of this subsection, “seamless service”
14means coordination, where possible, of the federal and state
15requirements which apply to child care.
16d. Advise and provide technical services to the director of
17the department of education or the director’s designee relating
18to prekindergarten, kindergarten, and before and after school
19programming and facilities.
20e. Make recommendations concerning child care expansion
21programs that meet the needs of children attending a core
22education program by providing child care before and after the
23core program hours and during times when the core program does
24not operate.
25f. Make recommendations for improving collaborations
26between the child care programs involving the department of
27human services and programs supporting the education and
28development of young children including but not limited to the
29federal head start program; the statewide preschool program for
30four-year-old children; and the early childhood, at-risk, and
31other early education programs administered by the department
32of education.
33g. Make recommendations for eliminating duplication and
34otherwise improving the eligibility determination processes
35used for the state child care assistance program and other
-112-1programs supporting low-income families, including but not
2limited to the federal head start, early head start, and even
3start programs; the early childhood, at-risk, and preschool
4programs administered by the department of education; the
5family and self-sufficiency grant program; and the family
6investment program.
7h. Make recommendations as to the most effective and
8efficient means of managing the state and federal funding
9available for the state child care assistance program.
10i. Review program data from the department of human services
11 and other departments concerning child care as deemed to be
12necessary by the advisory committee, although a department
13shall not provide personally identifiable data or information.
14j. Advise and assist the early childhood stakeholders
15alliance in developing the strategic plan required pursuant to
16section 256I.4, subsection 4.
177. The department of human services shall provide
18information to the advisory committee semiannually on all of
19the following:
20a. Federal, state, local, and private revenues and
21expenditures for child care including but not limited to
22updates on the current and future status of the revenues and
23expenditures.
24b. Financial information and data relating to regulation of
25child care by the department of human services and the usage of
26the state child care assistance program.
27c. Utilization and availability data relating to child care
28regulation, quantity, and quality from consumer and provider
29perspectives.
30d. Statistical and demographic data regarding child care
31providers and the families utilizing child care.
32e. Statistical data regarding the processing time for
33issuing notices of decision to state child care assistance
34applicants and for issuing payments to child care providers.
358. The advisory committee shall coordinate with the early
-113-1childhood stakeholders alliance its reporting annually in
2December to the governor and general assembly concerning the
3status of child care in the state, providing findings, and
4making recommendations. The annual report may be personally
5presented to the general assembly’s standing committees on
6health and human resources services by a representative of the
7advisory committee.
8 Sec. 157. Section 135.175, subsection 6, paragraphs b and c,
9Code 2023, are amended to read as follows:
10b. State programs that may receive funding from the fund
11and the accounts in the fund, if specifically designated for
12the purpose of drawing down federal funding, are the primary
13care recruitment and retention endeavor (PRIMECARRE), the Iowa
14affiliate of the national rural recruitment and retention
15network, the oral and health delivery systems bureau dental
16program of the department, the primary care office and
17shortage designation program, and the state office of rural
18health, administered through the oral and health delivery
19systems bureau of the department of public health; any entity
20identified by the federal government entity through which
21federal funding for a specified health care workforce shortage
22initiative is received; and a program developed in accordance
23with the strategic plan developed by the department of public
24health in accordance with section 135.163.
25c. Any federal funding received for the purposes of
26addressing state health care workforce shortages shall be
27deposited in the health care workforce shortage national
28initiatives account, unless otherwise specified by the source
29of the funds, and shall be used as required by the source of
30the funds. If use of the federal funding is not designated,
31the funds shall be used in accordance with the strategic plan
32developed by the department of public health in accordance with
33section 135.163, or to address workforce shortages as otherwise
34designated by the department of public health. Other sources
35of funding shall be deposited in the fund or account and used
-114-1as specified by the source of the funding.
2 Sec. 158. Section 135.185, subsection 6, Code 2023, is
3amended to read as follows:
46. The department of public health, the board of medicine,
5the board of nursing, and the board of pharmacy shall adopt
6rules pursuant to chapter 17A to implement and administer this
7section, including but not limited to standards and procedures
8for the prescription, distribution, storage, replacement, and
9administration of epinephrine auto-injectors, and for training
10and authorization to be required for personnel authorized to
11administer epinephrine.
12 Sec. 159. Section 135.190, subsection 1, paragraph d, Code
132023, is amended to read as follows:
14d. “Person in a position to assist” means a family member,
15friend, caregiver, health care provider, employee of a
16substance abuse use disorder treatment facility, school
17employee, or other person who may be in a place to render aid to
18a person at risk of experiencing an opioid-related overdose.
19 Sec. 160. Section 135.190A, subsection 6, Code 2023, is
20amended to read as follows:
216. The department shall submit a report to the
22co-chairpersons and ranking members of the joint appropriations
23subcommittee on the justice system and to the legislative
24services agency general assembly on or before December 31
25of each year which shall contain a list of deposits and
26expenditures from the fund for the prior fiscal year and the
27amount of carryover funds, if any, to be distributed in the
28next fiscal year.
29 Sec. 161. Section 135A.2, subsections 2 and 4, Code 2023,
30are amended to read as follows:
312. “Department” means the department of public health and
32human services.
334. “Governmental public health system” means local boards
34of health, the state board of council on health and human
35services, designated local public health agencies, the state
-115-1hygienic laboratory, and the department.
2 Sec. 162. Section 135A.8, subsection 4, Code 2023, is
3amended to read as follows:
44. A local board of health seeking matching funds or grants
5under this section shall apply to the department. The state
6board of council on health and human services shall adopt rules
7concerning the application and award process for the allocation
8of moneys in the fund and shall establish the criteria for the
9allocation of moneys in the fund if the moneys are insufficient
10to meet the needs of local boards of health.
11 Sec. 163. Section 135A.9, unnumbered paragraph 1, Code
122023, is amended to read as follows:
13The state board of council on health and human services shall
14adopt rules pursuant to chapter 17A to implement this chapter
15which shall include but are not limited to the following:
16 Sec. 164. Section 135B.7, subsection 1, paragraph a, Code
172023, is amended to read as follows:
18a. The department, with the approval of the state board of
19 council on health and human services, shall adopt rules setting
20out the standards for the different types of hospitals to be
21licensed under this chapter. The department shall enforce the
22rules.
23 Sec. 165. Section 135B.9, subsection 2, Code 2023, is
24amended to read as follows:
252. In the state resource centers and state mental health
26institutes operated by the department of health and human
27services, the designated protection and advocacy agency as
28provided in section 135C.2, subsection 4, shall have the
29authority to investigate all complaints of abuse and neglect
30of persons with developmental disabilities or mental illnesses
31if the complaints are reported to the protection and advocacy
32agency or if there is probable cause to believe that the abuse
33has occurred. Such authority shall include the examination of
34all records pertaining to the care provided to the residents
35and contact or interview with any resident, employee, or any
-116-1other person who might have knowledge about the operation of
2the institution.
3 Sec. 166. Section 135B.33, subsection 1, unnumbered
4paragraph 1, Code 2023, is amended to read as follows:
5Subject to availability of funds, the Iowa department of
6public health and human services shall provide technical
7planning assistance to local boards of health and hospital
8governing boards to ensure access to hospital services in
9rural areas. The department shall encourage the local boards
10of health and hospital governing boards to adopt a long-term
11community health services and developmental plan including the
12following:
13 Sec. 167. Section 135B.34, Code 2023, is amended to read as
14follows:
15135B.34 Hospital employees — criminal history and abuse
16record checks — penalty.
171. a. Prior to employment of a person in a hospital, the
18hospital shall do one of the following:
19(1) Request that the department of public safety perform a
20criminal history check and the record check evaluation system
21of the department of health and human services perform child
22and dependent adult abuse record checks of the person in this
23state.
24(2) Access the single contact repository to perform the
25required record checks.
26b. (1) If a hospital accesses the single contact repository
27to perform the required record checks pursuant to paragraph
28“a”, the hospital may utilize a third-party vendor to perform a
29comprehensive preliminary background check and provisionally
30employ a person being considered for employment pending
31completion of the required record checks through the single
32contact repository and the evaluation by the department of
33human services record check evaluation system, as applicable,
34subject to all of the following:
35(a) If the comprehensive preliminary background check
-117-1determines that the person being considered for employment has
2been convicted of a crime, but the crime does not constitute a
3felony as defined in section 701.7 and is not a crime specified
4pursuant to chapter 708, 708A, 709, 709A, 710, 710A, 711, or
5712, or pursuant to section 726.3, 726.27, or 726.28.
6(b) If the comprehensive preliminary background check
7determines the person being considered for employment does not
8have a record of founded child abuse or dependent adult abuse
9or if an exception pursuant to subsection 4 is applicable to
10the person.
11(c) If the hospital has requested an evaluation in
12accordance with subsection 2, paragraph “a”, to determine
13whether the crime warrants prohibition of the person’s
14employment in the hospital.
15(2) The provisional employment under this paragraph “b”
16may continue until such time as the required record checks
17through the single contact repository and the evaluation by the
18department of human services record check evaluation system,
19as applicable, are completed.
20c. A hospital shall inform all persons prior to employment
21regarding the performance of the record checks and shall
22obtain, from the persons, a signed acknowledgment of the
23receipt of the information. A hospital shall include the
24following inquiry in an application for employment:
25Do you have a record of founded child or dependent adult abuse
26or have you ever been convicted of a crime, in this state or any
27other state?
282. a. If it is determined that a person being considered
29for employment in a hospital has committed a crime, the
30department of public safety shall notify the hospital that upon
31the request of the hospital the department of human services
32 record check evaluation system will perform an evaluation
33to determine whether the crime warrants prohibition of the
34person’s employment in the hospital.
35b. (1) If a person being considered for employment, other
-118-1than employment involving the operation of a motor vehicle, has
2been convicted of a crime listed in subparagraph (2) but does
3not have a record of founded child or dependent adult abuse
4and the hospital has requested an evaluation in accordance
5with paragraph “a” to determine whether the crime warrants
6prohibition of the person’s employment, the hospital may employ
7the person for not more than sixty calendar days pending
8completion of the evaluation.
9(2) Subparagraph (1) applies to a crime that is a simple
10misdemeanor offense under section 123.47, and to a crime
11that is a first offense of operating a motor vehicle while
12intoxicated under section 321J.2, subsection 1.
13c. If a department of human services record check evaluation
14system child or dependent adult abuse record check shows that
15the person has a record of founded child or dependent adult
16abuse, the department of human services record check evaluation
17system shall notify the hospital that upon the request of
18the hospital the department of human services record check
19evaluation system will perform an evaluation to determine
20whether the founded child or dependent adult abuse warrants
21prohibition of the person’s employment in the hospital.
22d. An evaluation performed under this subsection shall
23be performed in accordance with procedures adopted for this
24purpose by the department of health and human services.
25e. (1) If a person owns or operates more than one hospital,
26and an employee of one of such hospitals is transferred to
27another such hospital without a lapse in employment, the
28hospital is not required to request additional criminal and
29child and dependent adult abuse record checks of that employee.
30(2) If the ownership of a hospital is transferred, at the
31time of transfer the record checks required by this section
32shall be performed for each employee for whom there is no
33documentation that such record checks have been performed.
34The hospital may continue to employ such employee pending the
35performance of the record checks and any related evaluation.
-119- 13. In an evaluation, the department of human services
2 record check evaluation system shall consider the nature and
3seriousness of the crime or founded child or dependent adult
4abuse in relation to the position sought or held, the time
5elapsed since the commission of the crime or founded child
6or dependent adult abuse, the circumstances under which the
7crime or founded child or dependent adult abuse was committed,
8the degree of rehabilitation, the likelihood that the person
9will commit the crime or founded child or dependent adult
10abuse again, and the number of crimes or founded child or
11dependent adult abuses committed by the person involved. If
12the department of human services record check evaluation system
13 performs an evaluation for the purposes of this section, the
14department of human services record check evaluation system
15 has final authority in determining whether prohibition of the
16person’s employment is warranted.
174. a. Except as provided in subsection 1, paragraph “b”,
18subsection 2, and paragraph “b” of this subsection, a person
19who has committed a crime or has a record of founded child
20or dependent adult abuse shall not be employed in a hospital
21licensed under this chapter unless an evaluation has been
22performed by the department of human services record check
23evaluation system.
24b. A person with a criminal or abuse record who is or was
25employed by a hospital licensed under this chapter and is hired
26by another hospital shall be subject to the criminal history
27and abuse record checks required pursuant to subsection 1.
28However, if an evaluation was previously performed by the
29department of human services record check evaluation system
30 concerning the person’s criminal or abuse record and it was
31determined that the record did not warrant prohibition of
32the person’s employment and the latest record checks do not
33indicate a crime was committed or founded abuse record was
34entered subsequent to that evaluation, the person may commence
35employment with the other hospital in accordance with the
-120-1department of human services’ record check evaluation system’s
2 evaluation and an exemption from the requirements in paragraph
3“a” for reevaluation of the latest record checks is authorized.
4Otherwise, the requirements of paragraph “a” remain applicable
5to the person’s employment. Authorization of an exemption
6under this paragraph “b” from requirements for reevaluation of
7the latest record checks by the department of human services
8 record check evaluation system is subject to all of the
9following provisions:
10(1) The position with the subsequent employer is
11substantially the same or has the same job responsibilities as
12the position for which the previous evaluation was performed.
13(2) Any restrictions placed on the person’s employment in
14the previous evaluation by the department of human services
15 record check evaluation system shall remain applicable in the
16person’s subsequent employment.
17(3) The person subject to the record checks has maintained a
18copy of the previous evaluation and provides the evaluation to
19the subsequent employer or the previous employer provides the
20previous evaluation from the person’s personnel file pursuant
21to the person’s authorization. If a physical copy of the
22previous evaluation is not provided to the subsequent employer,
23the record checks shall be reevaluated.
24(4) Although an exemption under this lettered paragraph “b”
25may be authorized, the subsequent employer may instead request
26a reevaluation of the record checks and may employ the person
27while the reevaluation is being performed.
285. a. If a person employed by a hospital that is subject
29to this section is convicted of a crime or has a record of
30founded child or dependent adult abuse entered in the abuse
31registry after the person’s employment application date, the
32person shall inform the hospital of such information within
33forty-eight hours of the criminal conviction or entry of the
34record of founded child or dependent adult abuse. The hospital
35shall act to verify the information within seven calendar
-121-1days of notification. If the information is verified, the
2requirements of subsections 2, 3, and 4 regarding employability
3and evaluations shall be applied by the hospital to determine
4whether or not the person’s employment is continued. The
5hospital may continue to employ the person pending the
6performance of an evaluation by the department of human
7services record check evaluation system to determine whether
8prohibition of the person’s employment is warranted. A person
9who is required by this subsection to inform the person’s
10employer of a conviction or entry of an abuse record and
11fails to do so within the required period commits a serious
12misdemeanor.
13b. If a hospital receives credible information, as
14determined by the hospital, that a person employed by the
15hospital has been convicted of a crime or a record of founded
16child or dependent adult abuse has been entered in the
17abuse registry after employment from a person other than the
18employee and the employee has not informed the hospital of such
19information within the period required under paragraph “a”, the
20hospital shall act to verify the credible information within
21seven calendar days of receipt of the credible information. If
22the information is verified, the requirements of subsections
232, 3, and 4 regarding employability and evaluations shall
24be applied by the hospital to determine whether or not the
25person’s employment is continued.
26c. The hospital may notify the county attorney for the
27county where the hospital is located of any violation or
28failure by an employee to notify the hospital of a criminal
29conviction or entry of an abuse record within the period
30required under paragraph “a”.
316. A hospital licensed in this state may access the single
32contact repository established by the department pursuant to
33section 135C.33 as necessary for the hospital to perform record
34checks of persons employed or being considered for employment
35by the hospital.
-122- 17. For the purposes of this section, “comprehensive
2preliminary background check” means and “record check evaluation
3system” mean the same as defined in section 135C.1.
4 Sec. 168. Section 135C.1, subsection 20, Code 2023, is
5amended to read as follows:
620. “Residential care facility” means any institution,
7place, building, or agency providing for a period exceeding
8twenty-four consecutive hours accommodation, board, personal
9assistance and other essential daily living activities to
10three or more individuals, not related to the administrator or
11owner thereof within the third degree of consanguinity, who by
12reason of illness, disease, or physical or mental infirmity
13are unable to sufficiently or properly care for themselves but
14who do not require the services of a registered or licensed
15practical nurse except on an emergency basis or who by reason
16of illness, disease, or physical or mental infirmity are unable
17to sufficiently or properly care for themselves but who do not
18require the services of a registered or licensed practical
19nurse except on an emergency basis if home and community-based
20services, other than nursing care, as defined by this chapter
21and departmental rule, are provided. For the purposes of
22this definition, the home and community-based services to be
23provided are limited to the type included under the medical
24assistance program provided pursuant to chapter 249A, are
25subject to cost limitations established by the department
26of health and human services under the medical assistance
27program, and except as otherwise provided by the department of
28inspections and appeals with the concurrence of the department
29of health and human services, are limited in capacity to the
30number of licensed residential care facilities and the number
31of licensed residential care facility beds in the state as of
32December 1, 2003.
33 Sec. 169. Section 135C.1, Code 2023, is amended by adding
34the following new subsection:
35 NEW SUBSECTION. 18A. “Record check evaluation system” means
-123-1the record check evaluation system of the department of health
2and human services used to perform child and dependent adult
3abuse record checks and to evaluate criminal history and abuse
4records.
5 Sec. 170. Section 135C.4, subsection 3, Code 2023, is
6amended to read as follows:
73. For the purposes of this section, the home and
8community-based services to be provided shall be limited
9to the type included under the medical assistance program
10provided pursuant to chapter 249A, shall be subject to cost
11limitations established by the department of health and human
12services under the medical assistance program, and except
13as otherwise provided by the department of inspections and
14appeals with the concurrence of the department of health and
15 human services, shall be limited in capacity to the number of
16licensed residential care facilities and the number of licensed
17residential care facility beds in the state as of December 1,
182003.
19 Sec. 171. Section 135C.6, subsections 8 and 9, Code 2023,
20are amended to read as follows:
218. The following residential programs to which the
22department of health and human services applies accreditation,
23certification, or standards of review shall not be required to
24be licensed as a health care facility under this chapter:
25a. Residential programs providing care to not more than four
26individuals and receiving moneys appropriated to the department
27of health and human services under provisions of a federally
28approved home and community-based services waiver for persons
29with an intellectual disability or other medical assistance
30program under chapter 249A. In approving a residential
31program under this paragraph, the department of health and
32 human services shall consider the geographic location of the
33program so as to avoid an overconcentration of such programs
34in an area. In order to be approved under this paragraph,
35a residential program shall not be required to involve the
-124-1conversion of a licensed residential care facility for persons
2with an intellectual disability.
3b. Not more than forty residential care facilities for
4persons with an intellectual disability that are licensed to
5serve not more than five individuals may be authorized by the
6department of health and human services to convert to operation
7as a residential program under the provisions of a medical
8assistance home and community-based services waiver for persons
9with an intellectual disability. A converted residential
10program operating under this paragraph is subject to the
11conditions stated in paragraph “a” except that the program shall
12not serve more than five individuals.
13c. A residential program approved by the department of
14health and human services pursuant to this paragraph “c” to
15receive moneys appropriated to the department of health and
16 human services under provisions of a federally approved home
17and community-based services habilitation or waiver program may
18provide care to not more than five individuals. The department
19shall approve a residential program under this paragraph that
20complies with all of the following conditions:
21(1) Approval of the program will not result in an
22overconcentration of such programs in an area.
23(2) The county in which the residential program is located
24submits to the department of health and human services a letter
25of support for approval of the program.
26(3) The county in which the residential program is located
27provides to the department of health and human services
28verification in writing that the program is needed to address
29one or more of the following:
30(a) The quantity of services currently available in the
31county is insufficient to meet the need.
32(b) The quantity of affordable rental housing in the county
33is insufficient.
34(c) Implementation of the program will cause a reduction in
35the size or quantity of larger congregate programs.
-125- 19. Contingent upon the department of health and human
2services receiving federal approval, a residential program
3which serves not more than eight individuals and is licensed as
4an intermediate care facility for persons with an intellectual
5disability may surrender the facility license and continue
6to operate under a federally approved medical assistance
7home and community-based services waiver for persons with an
8intellectual disability, if the department of health and human
9services has approved a plan submitted by the residential
10program.
11 Sec. 172. Section 135C.14, unnumbered paragraph 1, Code
122023, is amended to read as follows:
13The department shall, in accordance with chapter 17A and
14with the approval of the state board of council on health
15and human services, adopt and enforce rules setting minimum
16standards for health care facilities. In so doing, the
17department, with the approval of the state board of council
18on health and human services, may adopt by reference, with
19or without amendment, nationally recognized standards and
20rules, which shall be specified by title and edition, date
21of publication, or similar information. The rules and
22standards required by this section shall be formulated in
23consultation with the director of health and human services or
24the director’s designee, with the state fire marshal, and with
25affected industry, professional, and consumer groups, and shall
26be designed to further the accomplishment of the purposes of
27this chapter and shall relate to:
28 Sec. 173. Section 135C.16, subsection 3, Code 2023, is
29amended to read as follows:
303. An authorized representative of the department may
31enter any licensed health care facility without a warrant,
32and may examine all records pertaining to the care provided
33residents of the facility. An authorized representative of the
34department may contact or interview any resident, employee, or
35any other person who might have knowledge about the operation
-126-1of a health care facility. An authorized representative of the
2department of health and human services shall have the same
3right with respect to any facility where one or more residents
4are cared for entirely or partially at public expense, and an
5authorized representative of the designated protection and
6advocacy agency shall have the same right with respect to
7any facility where one or more residents have developmental
8disabilities or mental illnesses, and the state fire marshal
9or a deputy appointed pursuant to section 135C.9, subsection
101, paragraph “b”, shall have the same right of entry into any
11facility and the right to inspect any records pertinent to
12fire safety practices and conditions within that facility, and
13an authorized representative of the office of long-term care
14ombudsman shall have the same right with respect to any nursing
15facility or residential care facility. If any such authorized
16representative has probable cause to believe that any
17institution, building, or agency not licensed as a health care
18facility is in fact a health care facility as defined by this
19chapter, and upon producing identification that the individual
20is an authorized representative is denied entry thereto to
21the facility for the purpose of making an inspection, the
22authorized representative may, with the assistance of the
23county attorney of the county in which the purported health
24care facility is located, apply to the district court for an
25order requiring the owner or occupant to permit entry and
26inspection of the premises to determine whether there have been
27any violations of this chapter.
28 Sec. 174. Section 135C.17, Code 2023, is amended to read as
29follows:
30135C.17 Duties of other departments.
31It shall be the duty of the department of health and
32 human services, state fire marshal, office of long-term care
33ombudsman, and the officers and agents of other state and local
34governmental units, and the designated protection and advocacy
35agency to assist the department in carrying out the provisions
-127-1of this chapter, insofar as the functions of these respective
2offices and departments are concerned with the health, welfare,
3and safety of any resident of any health care facility. It
4shall be the duty of the department to cooperate with the
5protection and advocacy agency and the office of long-term
6care ombudsman by responding to all reasonable requests for
7assistance and information as required by federal law and this
8chapter.
9 Sec. 175. Section 135C.19, subsection 2, paragraph b, Code
102023, is amended to read as follows:
11b. A copy of each citation required to be posted by this
12subsection shall be sent by the department to the department
13of health and human services, to the designated protection
14and advocacy agency if the facility has one or more residents
15with developmental disabilities or mental illness, and to the
16office of long-term care ombudsman if the facility is a nursing
17facility or residential care facility.
18 Sec. 176. Section 135C.19, subsection 3, Code 2023, is
19amended to read as follows:
203. If the facility cited subsequently advises the
21department of health and human services that the violation
22has been corrected to the satisfaction of the department of
23inspections and appeals, the department of health and human
24services shall maintain this advisory in the same file with
25the copy of the citation. The department of health and human
26services shall not disseminate to the public any information
27regarding citations issued by the department of inspections and
28appeals, but shall forward or refer inquiries to the department
29of inspections and appeals.
30 Sec. 177. Section 135C.20A, subsection 2, Code 2023, is
31amended to read as follows:
322. The report card form shall be developed by the department
33in cooperation with representatives of the department on
34aging of health and human services, the state long-term care
35ombudsman, representatives of certified volunteer long-term
-128-1care ombudsmen, representatives of protection and advocacy
2entities, consumers, and other interested persons.
3 Sec. 178. Section 135C.22, Code 2023, is amended to read as
4follows:
5135C.22 Applicable to governmental units.
6The provisions of this chapter shall be applicable to
7institutions operated by or under the control of the department
8of health and human services, the state board of regents, or
9any other governmental unit.
10 Sec. 179. Section 135C.31A, Code 2023, is amended to read
11as follows:
12135C.31A Assessment of residents — program eligibility —
13prescription drug coverage.
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, in cooperation with the department
19of health and human services, shall adopt rules to administer
20this section, including a provision that ensures that if a
21resident is eligible for benefits through the United States
22department of veterans affairs or other third-party payor,
23the payor of last resort for reimbursement to the health care
24facility is the medical assistance program. The rules shall
25also require the health care facility to request information
26from a resident or resident’s personal representative regarding
27the resident’s veteran status and to report to the Iowa
28department of veterans affairs only the names of residents
29identified as potential veterans along with the names of their
30spouses and any dependents. Information reported by the
31health care facility shall be verified by the Iowa department
32of veterans affairs. This section shall not apply to the
33admission of an individual to a state mental health institute
34for acute psychiatric care or to the admission of an individual
35to the Iowa veterans home.
-129- 12. a. If a resident is identified, upon admission to a
2health care facility, as eligible for benefits through the
3United States department of veterans affairs pursuant to
4subsection 1 or through other means, the health care facility
5shall allow the resident to access any prescription drug
6benefit included in such benefits for which the resident is
7also eligible. The health care facility shall also assist the
8Iowa department of veterans affairs in identifying individuals
9residing in such health care facilities on July 1, 2009, who
10are eligible for the prescription drug benefit.
11b. The department of inspections and appeals, the department
12of veterans affairs, and the department of health and human
13services shall identify any barriers to residents in accessing
14such prescription drug benefits and shall assist health
15care facilities in adjusting their procedures for medication
16administration to comply with this subsection.
17 Sec. 180. Section 135C.33, Code 2023, is amended to read as
18follows:
19135C.33 Employees and certified nurse aide trainees — child
20or dependent adult abuse information and criminal record check
21options — evaluations — application to other providers —
22penalty.
231. a. For the purposes of this section, the term “crime”
24does not include offenses under chapter 321 classified as a
25simple misdemeanor or equivalent simple misdemeanor offenses
26from another jurisdiction.
27b. Prior to employment of a person in a facility or with a
28provider as specified in subsection 5, the facility or provider
29shall do one of the following:
30(1) Request that the department of public safety perform a
31criminal history check and the record check evaluation system
32of the department of health and human services perform child
33and dependent adult abuse record checks of the person in this
34state.
35(2) Access the single contact repository to perform the
-130-1required record checks.
2c. (1) If a facility or a provider as specified in
3subsection 5 accesses the single contact repository to perform
4the required record checks pursuant to paragraph “b”, the
5facility or provider may utilize a third-party vendor to
6perform a comprehensive preliminary background check and
7provisionally employ a person being considered for employment
8pending completion of the required record checks through
9the single contact repository and the evaluation by the
10department of human services record check evaluation system, as
11applicable, subject to all of the following:
12(a) If the comprehensive preliminary background check
13determines that the person being considered for employment has
14been convicted of a crime, but the crime does not constitute a
15felony as defined in section 701.7 and is not a crime specified
16pursuant to chapter 708, 708A, 709, 709A, 710, 710A, 711, or
17712, or pursuant to section 726.3, 726.27, or 726.28.
18(b) If the comprehensive preliminary background check
19determines the person being considered for employment does not
20have a record of founded child abuse or dependent adult abuse
21or if an exception pursuant to subsection 4 is applicable to
22the person.
23(c) If the facility or provider has requested an evaluation
24in accordance with subsection 2, paragraph “a”, to determine
25whether the crime warrants prohibition of the person’s
26employment in the facility or with the provider.
27(2) The provisional employment under this paragraph “c”
28may continue until such time as the required record checks
29through the single contact repository and the evaluation by the
30department of human services record check evaluation system,
31as applicable, are completed.
32d. A facility or provider shall inform all persons prior
33to employment regarding the performance of the record checks
34and shall obtain, from the persons, a signed acknowledgment of
35the receipt of the information. A facility or provider shall
-131-1include the following inquiry in an application for employment:
2Do you have a record of founded child or dependent adult abuse
3or have you ever been convicted of a crime other than a simple
4misdemeanor offense relating to motor vehicles and laws of the
5road under chapter 321 or equivalent provisions, in this state
6or any other state?
72. a. If it is determined that a person being considered
8for employment in a facility or with a provider has been
9convicted of a crime under a law of any state, the department
10of public safety shall notify the facility or provider that
11upon the request of the facility or provider the department of
12human services record check evaluation system will perform an
13evaluation to determine whether the crime warrants prohibition
14of the person’s employment in the facility or with the
15provider.
16b. (1) If a person being considered for employment, other
17than employment involving the operation of a motor vehicle, has
18been convicted of a crime listed in subparagraph (2) but does
19not have a record of founded child or dependent adult abuse
20and the facility or provider has requested an evaluation in
21accordance with paragraph “a” to determine whether the crime
22warrants prohibition of the person’s employment, the facility
23or provider may employ the person for not more than sixty
24calendar days pending completion of the evaluation.
25(2) Subparagraph (1) applies to a crime that is a simple
26misdemeanor offense under section 123.47, and to a crime
27that is a first offense of operating a motor vehicle while
28intoxicated under section 321J.2, subsection 1.
29c. If a department of human services record check evaluation
30system child or dependent adult abuse record check shows
31that such person has a record of founded child or dependent
32adult abuse, the department of human services record check
33evaluation system shall notify the facility or provider that
34upon the request of the facility or provider the department of
35human services record check evaluation system will perform an
-132-1evaluation to determine whether the founded child or dependent
2adult abuse warrants prohibition of employment in the facility
3or with the provider.
4d. An evaluation performed under this subsection shall
5be performed in accordance with procedures adopted for this
6purpose by the department of health and human services.
7e. (1) If a person owns or operates more than one facility
8or a provider owns or operates more than one location, and
9an employee of one of such facilities or provider locations
10is transferred to another such facility or provider location
11without a lapse in employment, the facility or provider is not
12required to request additional criminal and child and dependent
13adult abuse record checks of that employee.
14(2) If the ownership of a facility or provider is
15transferred, at the time of transfer the record checks required
16by this section shall be performed for each employee for whom
17there is no documentation that such record checks have been
18performed. The facility or provider may continue to employ
19such employee pending the performance of the record checks and
20any 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
-133-1person’s employment is warranted.
24. a. Except as provided in subsection 1, paragraph “c”,
3subsection 2, and paragraph “b” of this subsection, a person
4who has committed a crime or has a record of founded child or
5dependent adult abuse shall not be employed in a facility or
6with a provider unless an evaluation has been performed by the
7department of human services record check evaluation system.
8b. A person with a criminal or abuse record who is or was
9employed by a facility or provider and is hired by another
10facility or provider shall be subject to the criminal history
11and abuse record checks required pursuant to subsection 1.
12However, if an evaluation was previously performed by the
13department of human services record check evaluation system
14 concerning the person’s criminal or abuse record and it was
15determined that the record did not warrant prohibition of
16the person’s employment and the latest record checks do not
17indicate a crime was committed or founded abuse record was
18entered subsequent to that evaluation, the person may commence
19employment with the other facility or provider in accordance
20with the department of human services’ record check evaluation
21system’s evaluation and an exemption from the requirements in
22paragraph “a” for reevaluation of the latest record checks
23is authorized. Otherwise, the requirements of paragraph “a”
24remain applicable to the person’s employment. Authorization
25of an exemption under this paragraph “b” from requirements for
26reevaluation of the latest record checks by the department of
27human services record check evaluation system is subject to all
28of the following provisions:
29(1) The position with the subsequent employer is
30substantially the same or has the same job responsibilities as
31the position for which the previous evaluation was performed.
32(2) Any restrictions placed on the person’s employment in
33the previous evaluation by the department of human services
34 record check evaluation system shall remain applicable in the
35person’s subsequent employment.
-134- 1(3) The person subject to the record checks has maintained a
2copy of the previous evaluation and provides the evaluation to
3the subsequent employer or the previous employer provides the
4previous evaluation from the person’s personnel file pursuant
5to the person’s authorization. If a physical copy of the
6previous evaluation is not provided to the subsequent employer,
7the record checks shall be reevaluated.
8(4) Although an exemption under this paragraph “b” may
9be authorized, the subsequent employer may instead request a
10reevaluation of the record checks and may employ the person
11while the reevaluation is being performed.
125. a. This section shall also apply to prospective
13employees of all of the following, if the provider is regulated
14by the state or receives any state or federal funding:
15(1) An employee of a homemaker-home health aide, home care
16aide, adult day services, or other provider of in-home services
17if the employee provides direct services to consumers.
18(2) An employee of a hospice, if the employee provides
19direct services to consumers.
20(3) An employee who provides direct services to consumers
21under a federal home and community-based services waiver.
22(4) An employee of an elder group home certified under
23chapter 231B, if the employee provides direct services to
24consumers.
25(5) An employee of an assisted living program certified
26under chapter 231C, if the employee provides direct services
27to consumers.
28b. In substantial conformance with the provisions of this
29section, including the provision authorizing provisional
30employment following completion of a comprehensive preliminary
31background check, prior to the employment of such an employee,
32the provider shall request the performance of the criminal
33and child and dependent adult abuse record checks. The
34provider shall inform the prospective employee and obtain the
35prospective employee’s signed acknowledgment. The department
-135-1of human services record check evaluation system shall perform
2the evaluation of any criminal record or founded child or
3dependent adult abuse record and shall make the determination
4of whether a prospective employee of a provider shall not be
5employed by the provider.
66. a. This section shall also apply to an employee of
7a temporary staffing agency that provides staffing for a
8facility, service, program, or other provider regulated by this
9section if the employee provides direct services to consumers.
10b. In substantial conformance with the provisions of this
11section, including the provision authorizing provisional
12employment following completion of a comprehensive preliminary
13background check, prior to the employment of such an employee,
14the temporary staffing agency shall request the performance of
15the criminal and child and dependent adult abuse record checks.
16The temporary staffing agency shall inform the prospective
17employee and obtain the prospective employee’s signed
18acknowledgment. The department of human services record check
19evaluation system shall perform the evaluation of any criminal
20record or founded child or dependent adult abuse record
21and shall make the determination of whether a prospective
22employee of a temporary staffing agency shall not be employed
23by the assisted living program as defined in section 231C.2,
24the Medicare certified home health agency, or the facility,
25service, program, or other provider regulated by this section.
26c. If a person employed by a temporary staffing agency that
27is subject to this section is convicted of a crime or has a
28record of founded child or dependent adult abuse entered in the
29abuse registry after the person’s employment application date,
30the person shall inform the temporary staffing agency within
31forty-eight hours and the temporary staffing agency shall
32inform the facility, service, program, or other provider within
33two hours.
34d. If a temporary staffing agency fails to comply with the
35requirements of this section, the temporary staffing agency
-136-1shall be liable to the facility, service, program, or other
2provider for any actual damages, including civil penalties, and
3reasonable attorney fees.
4e. This section shall not apply to employees employed by a
5temporary staffing agency for a position that does not provide
6direct services to consumers.
77. a. The department of inspections and appeals, in
8conjunction with other departments and agencies of state
9government involved with criminal history and abuse registry
10information, shall establish a single contact repository for
11facilities and other providers to have electronic access to
12data to perform background checks for purposes of employment,
13as required of the facilities and other providers under this
14section.
15b. The department may access the single contact repository
16for any of the following purposes:
17(1) To verify data transferred from the department’s nurse
18aide registry to the repository.
19(2) To conduct record checks of applicants for employment
20with the department.
218. a. If a person employed by a facility, service, or
22program employer that is subject to this section is convicted
23of a crime or has a record of founded child or dependent
24adult abuse entered in the abuse registry after the person’s
25employment application date, the person shall inform the
26employer of such information within forty-eight hours of the
27criminal conviction or entry of the record of founded child or
28dependent adult abuse. The employer shall act to verify the
29information within seven calendar days of notification. If
30the information is verified, the requirements of subsections
312, 3, and 4 regarding employability and evaluations shall
32be applied by the employer to determine whether or not the
33person’s employment is continued. The employer may continue to
34employ the person pending the performance of an evaluation by
35the department of human services record check evaluation system
-137-1 to determine whether prohibition of the person’s employment
2is warranted. A person who is required by this subsection to
3inform the person’s employer of a conviction or entry of an
4abuse record and fails to do so within the required period
5commits a serious misdemeanor.
6b. If a facility, service, or program employer receives
7credible information, as determined by the employer, that a
8person employed by the employer has been convicted of a crime
9or a record of founded child or dependent adult abuse has been
10entered in the abuse registry after employment from a person
11other than the employee and the employee has not informed
12the employer of such information within the period required
13under paragraph “a”, the employer shall act to verify the
14credible information within seven calendar days of receipt of
15the credible information. If the information is verified, the
16requirements of subsections 2, 3, and 4 regarding employability
17and evaluations shall be applied to determine whether or not
18the person’s employment is continued.
19c. The employer may notify the county attorney for the
20county where the employer is located of any violation or
21failure by an employee to notify the employer of a criminal
22conviction or entry of an abuse record within the period
23required under paragraph “a”.
249. a. For the purposes of this subsection, unless the
25context otherwise requires:
26(1) “Certified nurse aide training program” means a program
27approved in accordance with the rules for such programs adopted
28by the department of health and human services for the training
29of persons seeking to be a certified nurse aide for employment
30in any of the facilities or programs this section applies to or
31in a hospital, as defined in section 135B.1.
32(2) “Student” means a person applying for, enrolled in, or
33returning to a certified nurse aide training program.
34b. (1) Prior to a student beginning or returning to a
35certified nurse aide training program, the program shall do one
-138-1of the following:
2(a) Request that the department of public safety perform
3a criminal history check and the department of human services
4 record check evaluation system perform child and dependent
5adult abuse record checks, in this state, of the student.
6(b) Access the single contact repository to perform the
7required record checks.
8(2) If a program accesses the single contact repository to
9perform the required record checks pursuant to subparagraph
10(1), the program may utilize a third-party vendor to perform a
11comprehensive preliminary background check to allow a person
12to provisionally participate in the clinical component of the
13certified nurse aide training program pending completion of the
14required record checks through the single contact repository
15and the evaluation by the department of human services record
16check evaluation system, as applicable, subject to all of the
17following:
18(a) If the comprehensive preliminary background check
19determines that the person being considered for provisional
20participation has been convicted of a crime but the crime does
21not constitute a felony as defined in section 701.7 and is not
22a crime specified pursuant to chapter 708, 708A, 709, 709A,
23710, 710A, 711, or 712, or pursuant to section 726.3, 726.27,
24or 726.28.
25(b) If the comprehensive preliminary background check
26determines the person being considered for provisional
27participation does not have a record of founded child abuse or
28dependent adult abuse or if an exception pursuant to subsection
294 is applicable to the person.
30(c) If the program has requested an evaluation in accordance
31with subsection 2, paragraph “a”, to determine whether the crime
32warrants prohibition of the person’s provisional participation.
33(d) The provisional participation under this subparagraph
34(2) may continue until such time as the required record checks
35through the single contact repository and the evaluation by the
-139-1department of human services record check evaluation system,
2as applicable, are completed.
3c. If a student has a criminal record or a record of
4founded child or dependent adult abuse, the student shall
5not be involved in a clinical education component of the
6certified nurse aide training program involving children or
7dependent adults unless an evaluation has been performed by the
8department of human services record check evaluation system.
9Upon request of the certified nurse aide training program, the
10department of human services record check evaluation system
11 shall perform an evaluation to determine whether the record
12warrants prohibition of the student’s involvement in a clinical
13education component of the certified nurse aide training
14program involving children or dependent adults. The evaluation
15shall be performed in accordance with the criteria specified in
16subsection 3, and the department of human services record check
17evaluation system shall report the results of the evaluation
18to the certified nurse aide training program. The department
19of human services record check evaluation system has final
20authority in determining whether prohibition of the student’s
21involvement in the clinical education component is warranted.
22d. (1) If a student’s clinical education component of the
23training program involves children or dependent adults but
24does not involve operation of a motor vehicle, and the student
25has been convicted of a crime listed in subparagraph (2), but
26does not have a record of founded child or dependent adult
27abuse, and the training program has requested an evaluation in
28accordance with paragraph “c” to determine whether the crime
29warrants prohibition of the student’s involvement in such
30clinical education component, the training program may allow
31the student’s participation in the component for not more than
32sixty days pending completion of the evaluation.
33(2) Subparagraph (1) applies to a crime that is a simple
34misdemeanor offense under section 123.47, and to a crime
35that is a first offense of operating a motor vehicle while
-140-1intoxicated under section 321J.2, subsection 1.
2e. (1) If a student is convicted of a crime or has a
3record of founded child or dependent adult abuse entered in the
4abuse registry after the record checks and any evaluation have
5been performed, the student shall inform the certified nurse
6aide training program of such information within forty-eight
7hours of the criminal conviction or entry of the record of
8founded child or dependent adult abuse. The program shall
9act to verify the information within seven calendar days of
10notification. If the information is verified, the requirements
11of paragraph “c” shall be applied by the program to determine
12whether or not the student’s involvement in a clinical
13education component may continue. The program may allow
14the student involvement to continue pending the performance
15of an evaluation by the department of human services record
16check evaluation system. A student who is required by this
17subparagraph to inform the program of a conviction or entry of
18an abuse record and fails to do so within the required period
19commits a serious misdemeanor.
20(2) If a program receives credible information, as
21determined by the program, that a student has been convicted
22of a crime or a record of founded child or dependent adult
23abuse has been entered in the abuse registry after the record
24checks and any evaluation have been performed, from a person
25other than the student and the student has not informed the
26program of such information within the period required under
27subparagraph (1), the program shall act to verify the credible
28information within seven calendar days of receipt of the
29credible information. If the information is verified, the
30requirements of paragraph “c” shall be applied to determine
31whether or not the student’s involvement in a clinical
32education component may continue.
33(3) The program may notify the county attorney for the
34county where the program is located of any violation or failure
35by a student to notify the program of a criminal conviction
-141-1or entry of an abuse record within the period required under
2subparagraph (1).
3f. If a certified nurse aide training program is conducted
4by a health care facility and a student of that program
5subsequently accepts and begins employment with the facility
6within thirty days of completing the program, the criminal
7history and abuse registry checks of the student performed
8pursuant to this subsection shall be deemed to fulfill the
9requirements for such checks prior to employment pursuant to
10subsection 1.
11 Sec. 181. Section 135D.2, subsections 3 and 13, Code 2023,
12are amended to read as follows:
133. “Department” means the department of public health and
14human services.
1513. “Iowa Medicaid enterprise program” means the centralized
16 medical assistance program infrastructure, based on a business
17enterprise model, and designed to foster collaboration among
18all program stakeholders by focusing on quality, integrity, and
19consistency as defined in section 249A.2.
20 Sec. 182. Section 135D.6, subsection 2, Code 2023, is
21amended to read as follows:
222. A single industry shall not be disproportionately
23represented as voting members of the board. The board shall
24include at least one member who is a consumer of health
25services and a majority of the voting members of the board
26shall be representative of participants in the Iowa health
27information network. The director of public health and human
28services or the director’s designee and the director of the
29Iowa Medicaid enterprise program or the director’s designee
30shall act as voting members of the board. The commissioner
31of insurance shall act as an ex officio, nonvoting member of
32the board. Individuals serving in an ex officio, nonvoting
33capacity shall not be included in the total number of
34individuals authorized as members of the board.
35 Sec. 183. Section 135D.6, subsection 3, paragraph f, Code
-142-12023, is amended to read as follows:
2f. Provide an annual budget and fiscal report for the Iowa
3health information network to the governor, the department of
4public health and human services, the department of management,
5the chairs and ranking members of the legislative government
6oversight standing committees, and the legislative services
7agency. The report shall also include information about the
8services provided through the network and information on the
9participant usage of the network.
10 Sec. 184. Section 135G.10, Code 2023, is amended to read as
11follows:
12135G.10 Rules.
131. The department of inspections and appeals and the
14department of health and human services shall collaborate
15in establishing standards for licensing of subacute care
16facilities to achieve all of the following objectives:
17a. Subacute mental health services are provided based on
18sound, proven clinical practice.
19b. Subacute mental health services are established in a
20manner that allows the services to be included in the federal
21medical assistance state plan.
222. It is the intent of the general assembly that subacute
23mental health services be included in the Medicaid state
24plan adopted for the implementation of the federal Patient
25Protection and Affordable Care Act, benchmark plan.
263. The department of inspections and appeals, in
27consultation with the department of health and human services
28and affected professional groups, shall adopt and enforce rules
29setting out the standards for a subacute care facility and the
30rights of the residents admitted to a subacute care facility.
31The department of inspections and appeals and the department
32of health and human services shall coordinate the adoption of
33rules and the enforcement of the rules in order to prevent
34duplication of effort by the departments and of requirements of
35the licensee.
-143-1 Sec. 185. Section 135G.11, subsection 2, Code 2023, is
2amended to read as follows:
32. Upon receipt of a complaint made in accordance with
4subsection 1, the department shall make a preliminary review
5of the complaint. Unless the department concludes that the
6complaint is intended to harass a subacute care facility or
7a licensee or is without reasonable basis, it shall within
8twenty working days of receipt of the complaint make or cause
9to be made an on-site inspection of the subacute care facility
10which is the subject of the complaint. The department of
11inspections and appeals may refer to the department of health
12and human services any complaint received by the department
13of inspections and appeals if the complaint applies to rules
14adopted by the department of health and human services. The
15complainant shall also be notified of the name, address, and
16telephone number of the designated protection and advocacy
17agency if the alleged violation involves a facility with one
18or more residents with a developmental disability or mental
19illness. In any case, the complainant shall be promptly
20informed of the result of any action taken by the department
21in the matter.
22 Sec. 186. Section 135H.4, Code 2023, is amended to read as
23follows:
24135H.4 Licensure.
25A person shall not establish, operate, or maintain a
26psychiatric medical institution for children unless the person
27obtains a license for the institution under this chapter and
28either holds a license under section 237.3, subsection 2,
29paragraph “a”, as a comprehensive residential facility for
30children or holds a license under section 125.13, if the
31facility provides substance abuse use disorder treatment.
32 Sec. 187. Section 135H.6, subsection 1, paragraph e, Code
332023, is amended to read as follows:
34e. The department of health and human services has submitted
35written approval of the application based on the department
-144-1of health and human services’ determination of need. The
2department of health and human services shall identify the
3location and number of children in the state who require the
4services of a psychiatric medical institution for children.
5Approval of an application shall be based upon the location
6of the proposed psychiatric institution relative to the need
7for services identified by the department of health and human
8services and an analysis of the applicant’s ability to provide
9services and support consistent with requirements under chapter
10232, particularly regarding community-based treatment. If
11the proposed psychiatric institution is not freestanding from
12a facility licensed under chapter 135B or 135C, approval
13under this paragraph shall not be given unless the department
14of health and human services certifies that the proposed
15psychiatric institution is capable of providing a resident with
16a living environment similar to the living environment provided
17by a licensee which is freestanding from a facility licensed
18under chapter 135B or 135C.
19 Sec. 188. Section 135H.6, subsections 2, 3, 4, and 5, Code
202023, are amended to read as follows:
212. The department of health and human services shall
22not give approval to an application which would cause the
23total number of beds licensed under this chapter for services
24reimbursed by the medical assistance program under chapter 249A
25to exceed four hundred thirty beds.
263. In addition to the beds authorized under subsection
272, the department of health and human services may establish
28not more than thirty beds licensed under this chapter at the
29state mental health institute at Independence. The beds shall
30be exempt from the certificate of need requirement under
31subsection 1, paragraph “d”.
324. The department of health and human services may give
33approval to conversion of beds approved under subsection 2,
34to beds which are specialized to provide substance abuse
35 use disorder treatment. However, the total number of beds
-145-1approved under subsection 2 and this subsection shall not
2exceed four hundred thirty. Conversion of beds under this
3subsection shall not require a revision of the certificate
4of need issued for the psychiatric institution making the
5conversion. Beds for children who do not reside in this state
6and whose service costs are not paid by public funds in this
7state are not subject to the limitations on the number of beds
8and certificate of need requirements otherwise applicable under
9this section.
105. A psychiatric institution licensed prior to July 1, 1999,
11may exceed the number of beds authorized under subsection 2
12if the excess beds are used to provide services funded from a
13source other than the medical assistance program under chapter
14249A. Notwithstanding subsection 1, paragraphs “d” and “e”,
15and subsection 2, the provision of services using those excess
16beds does not require a certificate of need or a review by the
17department of health and human services.
18 Sec. 189. Section 135H.7, Code 2023, is amended to read as
19follows:
20135H.7 Personnel.
211. A person shall not be allowed to provide services in a
22psychiatric institution if the person has a disease which is
23transmissible to other persons through required contact in the
24workplace, which presents a significant risk of infecting other
25persons, which presents a substantial possibility of harming
26other persons, or for which no reasonable accommodation can
27eliminate the risk of infecting other persons.
282. a. If a person is being considered for licensure under
29this chapter, or for employment involving direct responsibility
30for a child or with access to a child when the child is alone,
31by a licensed psychiatric institution, or if a person will
32reside in a facility utilized by a licensee, and if the person
33has been convicted of a crime or has a record of founded child
34abuse, the department of human services record check evaluation
35system and the licensee, for an employee of the licensee, shall
-146-1perform an evaluation to determine whether the crime or founded
2child abuse warrants prohibition of licensure, employment, or
3residence in the facility. The record check evaluation system
4of the department of health and human services shall conduct
5criminal and child abuse record checks in this state and may
6conduct these checks in other states. The evaluation shall
7be performed in accordance with procedures adopted for this
8purpose by the department of health and human services.
9b. If the department of human services record check
10evaluation system determines that a person has committed a
11crime or has a record of founded child abuse and is licensed,
12employed by a psychiatric institution licensed under this
13chapter, or resides in a licensed facility, the department
14 record check evaluation system shall notify the program
15that an evaluation will be conducted to determine whether
16prohibition of the person’s licensure, employment, or residence
17is warranted.
18c. In an evaluation, the department of human services
19 record check evaluation system and the licensee for an employee
20of the licensee shall consider the nature and seriousness of
21the crime or founded child abuse in relation to the position
22sought or held, the time elapsed since the commission of the
23crime or founded child abuse, the circumstances under which
24the crime or founded child abuse was committed, the degree of
25rehabilitation, the likelihood that the person will commit the
26crime or founded child abuse again, and the number of crimes
27or founded child abuses committed by the person involved.
28The department record check evaluation system may permit a
29person who is evaluated to be licensed, employed, or to reside,
30or to continue to be licensed, employed, or to reside in a
31licensed facility, if the person complies with the department’s
32 record check evaluation system’s conditions relating to the
33person’s licensure, employment, or residence, which may include
34completion of additional training. For an employee of a
35licensee, these conditional requirements shall be developed
-147-1with the licensee. The department of human services record
2check evaluation system has final authority in determining
3whether prohibition of the person’s licensure, employment,
4or residence is warranted and in developing any conditional
5requirements under this paragraph.
63. If the department of human services record check
7evaluation system determines that the person has committed a
8crime or has a record of founded child abuse which warrants
9prohibition of licensure, employment, or residence, the
10person shall not be licensed under this chapter to operate
11a psychiatric institution and shall not be employed by a
12psychiatric institution or reside in a facility licensed under
13this chapter.
144. In addition to the record checks required under
15subsection 2, the department of human services record check
16evaluation system may conduct dependent adult abuse record
17checks in this state and may conduct these checks in other
18states, on a random basis. The provisions of subsections 2 and
193, relative to an evaluation following a determination that a
20person has been convicted of a crime or has a record of founded
21child abuse, shall also apply to a random dependent adult abuse
22record check conducted under this subsection.
235. Beginning July 1, 1994, a A licensee shall inform all new
24applicants for employment of the possibility of the performance
25of a record check and shall obtain, from the applicant, a
26signed acknowledgment of the receipt of the information.
276. On or after July 1, 1994, a A licensee shall include the
28following inquiry in an application for employment:
29Do you have a record of founded child or dependent adult abuse
30or have you ever been convicted of a crime, in this state or any
31other state?
32 Sec. 190. Section 135H.10, Code 2023, is amended to read as
33follows:
34135H.10 Rules.
351. The department of inspections and appeals, in
-148-1consultation with the department of health and human services
2and affected professional groups, shall adopt and enforce rules
3setting out the standards for a psychiatric medical institution
4for children and the rights of the residents admitted to
5a psychiatric institution. The department of inspections
6and appeals and the department of health and human services
7shall coordinate the adoption of rules and the enforcement of
8the rules in order to prevent duplication of effort by the
9departments and of requirements of the licensee.
102. This chapter shall not be construed as prohibiting the
11use of funds appropriated for foster care to provide payment
12to a psychiatric medical institution for children for the
13financial participation required of a child whose foster care
14placement is in a psychiatric medical institution for children.
15In accordance with established policies and procedures for
16foster care, the department of health and human services shall
17act to recover any such payment for financial participation,
18apply to be named payee for the child’s unearned income, and
19recommend parental liability for the costs of a court-ordered
20foster care placement in a psychiatric medical institution.
21 Sec. 191. Section 135H.12, subsection 1, Code 2023, is
22amended to read as follows:
231. Upon receipt of a complaint made in accordance with
24section 135H.11, the department shall make a preliminary review
25of the complaint. Unless the department concludes that the
26complaint is intended to harass a psychiatric institution 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 psychiatric institution
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
33if the complaint applies to rules adopted by the department
34of health and human services. The complainant shall also
35be notified of the name, address, and telephone number of
-149-1the designated protection and advocacy agency if the alleged
2violation involves a facility with one or more residents with
3developmental disabilities or mental illness. In any case, the
4complainant shall be promptly informed of the result of any
5action taken by the department in the matter.
6 Sec. 192. Section 135J.7, Code 2023, is amended to read as
7follows:
8135J.7 Rules.
9Except as otherwise provided in this chapter, the department
10shall adopt rules pursuant to chapter 17A necessary to
11implement this chapter, subject to approval of the state board
12of council on health and human services. Formulation of the
13rules shall include consultation with Iowa hospice organization
14representatives and other persons affected by this chapter.
15 Sec. 193. Section 135L.1, subsection 3, Code 2023, is
16amended to read as follows:
173. “Child-placing agency” means any agency, public,
18semipublic, or private, which represents itself as placing
19children, receiving children for placement, or actually
20engaging in placement of children and includes the department
21of health and human services.
22 Sec. 194. Section 135L.2, subsection 1, paragraph b,
23subparagraph (1), Code 2023, is amended to read as follows:
24(1) Information regarding the options described in the
25video including information regarding the agencies and programs
26available to provide assistance to the pregnant minor in
27parenting a child; information relating to adoption including
28but not limited to information regarding child-placing
29agencies; and information regarding abortion including but not
30limited to the legal requirements relative to the performance
31of an abortion on a pregnant minor. The information provided
32shall include information explaining that if a pregnant
33minor decides to continue the pregnancy to term and to retain
34parental rights, the father of the child is liable for the
35support of the child and that if the pregnant minor seeks
-150-1public assistance on behalf of the child, the pregnant minor
2shall, and if the pregnant minor is not otherwise eligible as
3a public assistance recipient, the pregnant minor may, seek
4the assistance of the child support recovery unit services in
5establishing the paternity of the child, and in seeking support
6payments for a reasonable amount of the costs associated with
7the pregnancy, medical support, and maintenance from the father
8of the child, or if the father is a minor, from the parents of
9the minor father. The information shall include a listing of
10the agencies and programs and the services available from each.
11 Sec. 195. Section 135L.2, subsection 2, paragraph a, Code
122023, is amended to read as follows:
13a. The video shall be available through the state and local
14offices of the Iowa department of public health, the department
15of health and human services, and the judicial branch and
16through the office of each licensed physician who performs
17abortions.
18 Sec. 196. Section 135L.3, subsection 3, paragraph m,
19subparagraph (4), Code 2023, is amended to read as follows:
20(4) The pregnant minor declares that the pregnant minor
21is a victim of child abuse pursuant to section 232.68, the
22person responsible for the care of the child is a parent of
23the child, and either the abuse has been reported pursuant to
24the procedures prescribed in chapter 232, subchapter III, part
252, or a parent of the child is named in a report of founded
26child abuse. The department of health and human services
27shall maintain confidentiality under chapter 232 and shall not
28release any information in response to a request for public
29records, discovery procedures, subpoena, or any other means,
30unless the release of information is expressly authorized by
31the pregnant minor regarding the pregnant minor’s pregnancy and
32abortion, if the abortion is obtained. A person who knowingly
33violates the confidentiality provisions of this subparagraph is
34guilty of a serious misdemeanor.
35 Sec. 197. Section 135L.8, Code 2023, is amended to read as
-151-1follows:
2135L.8 Adoption of rules — implementation and documents.
3The Iowa department of public health and human services
4 shall adopt rules to implement the notification procedures
5pursuant to this chapter including but not limited to rules
6regarding the documents necessary for notification of a parent
7or grandparent of a pregnant minor who is designated to receive
8notification under this chapter.
9 Sec. 198. Section 135M.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. 199. Section 136A.1, Code 2023, is amended to read as
14follows:
15136A.1 Purpose.
16To reduce and avoid adverse health conditions of inhabitants
17of the state, the Iowa department of public health shall
18initiate, conduct, and supervise screening and health care
19programs in order to detect and predict congenital or inherited
20disorders. The department shall assist in the translation and
21integration of genetic and genomic advances into public health
22services to improve health outcomes throughout the life span of
23the inhabitants of the state.
24 Sec. 200. Section 136A.2, subsection 4, Code 2023, is
25amended to read as follows:
264. “Department” means the Iowa department of public health
27and human services.
28 Sec. 201. Section 136A.3, Code 2023, is amended to read as
29follows:
30136A.3 Establishment of center for congenital Congenital and
31inherited disorders — department duties.
32A center for congenital and inherited disorders is
33established within the department. The center department shall
34do all of the following:
351. Initiate, conduct, and supervise statewide screening
-152-1programs for congenital and inherited disorders amenable to
2population screening.
32. Initiate, conduct, and supervise statewide health care
4programs to aid in the early detection, treatment, prevention,
5education, and provision of supportive care related to
6congenital and inherited disorders.
73. Develop specifications for and designate a central
8laboratory in which tests conducted pursuant to the screening
9programs provided for in subsection 1 will be performed.
104. Gather, evaluate, and maintain information related
11to causes, severity, prevention, and methods of treatment
12for congenital and inherited disorders in conjunction with
13a central registry, screening programs, genetic health care
14programs, and ongoing scientific investigations and surveys.
155. Perform surveillance and monitoring of congenital and
16inherited disorders to determine the occurrence and trends of
17the disorders, to conduct thorough and complete epidemiological
18surveys, to assist in the planning for and provision of
19services to children with congenital and inherited disorders
20and their families, and to identify environmental and genetic
21risk factors for congenital and inherited disorders.
226. Provide information related to severity, causes,
23prevention, and methods of treatment for congenital and
24inherited disorders to the public, medical and scientific
25communities, and health science disciplines.
267. Implement public education programs, continuing
27education programs for health practitioners, and education
28programs for trainees of the health science disciplines related
29to genetics, congenital disorders, and inheritable disorders.
308. Participate in policy development to assure the
31appropriate use and confidentiality of genetic information and
32technologies to improve health and prevent disease.
339. Collaborate with state and local health agencies and
34other public and private organizations to provide education,
35intervention, and treatment for congenital and inherited
-153-1disorders and to integrate genetics and genomics advances into
2public health activities and policies.
3 Sec. 202. Section 136A.3A, subsections 1 and 3, Code 2023,
4are amended to read as follows:
51. A congenital and inherited disorders advisory committee
6is established to assist the center for congenital and
7inherited disorders and the department in the development of
8programs that ensure the availability and access to quality
9genetic and genomic health care services for all Iowans.
103. The advisory committee shall assist the center for
11congenital and inherited disorders and the department in
12designating the conditions to be included in the newborn
13screening and in regularly evaluating the effectiveness and
14appropriateness of the newborn screening.
15 Sec. 203. Section 136A.4, Code 2023, is amended to read as
16follows:
17136A.4 Genetic health services.
18The center department may initiate, conduct, and supervise
19genetic health services for the inhabitants of the state,
20including the provision of regional genetic consultation
21clinics, comprehensive neuromuscular health care outreach
22clinics, and other outreach services and clinics as established
23by rule.
24 Sec. 204. Section 136A.5B, subsection 1, unnumbered
25paragraph 1, Code 2023, is amended to read as follows:
26In accordance with the duties prescribed in section 136A.3,
27the center for congenital and inherited disorders department
28 shall collaborate with state and local health agencies
29and other public and private organizations to develop and
30publish or approve and publish informational materials to
31educate and raise awareness of cytomegalovirus and congenital
32cytomegalovirus among women who may become pregnant, expectant
33parents, parents of infants, attending health care providers,
34and others, as appropriate. The materials shall include
35information regarding all of the following:
-154-1 Sec. 205. Section 136A.5B, subsection 2, Code 2023, is
2amended to read as follows:
32. An attending health care provider shall provide to a
4pregnant woman during the first trimester of the pregnancy the
5informational materials published under this section. The
6center for congenital and inherited disorders department shall
7make the informational materials available to attending health
8care providers upon request.
9 Sec. 206. Section 136A.6, Code 2023, is amended to read as
10follows:
11136A.6 Central registry.
12The center for congenital and inherited disorders department
13 shall maintain a central registry, or shall establish an
14agreement with a designated contractor to maintain a central
15registry, to compile, evaluate, retain, and disseminate
16information on the occurrence, prevalence, causes, treatment,
17and prevention of congenital disorders. Congenital disorders
18shall be considered reportable conditions in accordance with
19rules adopted by the department and shall be abstracted and
20maintained by the registry.
21 Sec. 207. Section 136A.7, Code 2023, is amended to read as
22follows:
23136A.7 Confidentiality.
24The center for congenital and inherited disorders and
25the department shall maintain the confidentiality of any
26identifying information collected, used, or maintained pursuant
27to this chapter in accordance with section 22.7, subsection 2.
28 Sec. 208. Section 136A.8, Code 2023, is amended to read as
29follows:
30136A.8 Rules.
31The center for congenital and inherited disorders, with
32assistance provided by the Iowa department of public health,
33 shall adopt rules pursuant to chapter 17A to administer this
34chapter.
35 Sec. 209. Section 136B.1, subsection 1, Code 2023, is
-155-1amended to read as follows:
21. As used in this chapter, unless the context otherwise
3requires, “department” means the Iowa department of public
4 health and human services.
5 Sec. 210. Section 136C.1, subsections 2 and 3, Code 2023,
6are amended to read as follows:
72. “Department” means the Iowa department of public health
8and human services.
93. “Director” means the director of public health and human
10services or the director’s designee.
11 Sec. 211. Section 136C.3, subsection 2, Code 2023, is
12amended to read as follows:
132. Establish minimum training standards including
14continuing education requirements, and administer examinations
15and disciplinary procedures for operators of radiation machines
16and users of radioactive materials. A state of Iowa license
17to practice medicine, osteopathic medicine, chiropractic,
18podiatry, dentistry, dental hygiene, or veterinary medicine, or
19licensure as a physician assistant pursuant to chapter 148C, or
20certification by the dental board in dental radiography, or by
21the board of podiatry in podiatric radiography, or enrollment
22in a program or course of study approved by the Iowa department
23of public health which includes the application of radiation to
24humans satisfies the minimum training standards for operation
25of radiation machines only.
26 Sec. 212. Section 137.102, Code 2023, is amended to read as
27follows:
28137.102 Definitions.
29As used in this chapter unless the context otherwise
30requires:
311. “City board” means a city board of health in existence
32prior to July 1, 2010.
332. “City health department” refers to the personnel and
34property under the jurisdiction of a city board in existence
35prior to July 1, 2010.
-156- 13. “Council” means a city the council on health and human
2services.
34. “County board” means a county board of health.
45. “County health department” refers to the personnel and
5property under the jurisdiction of a county board.
66. “Director” means the director of public health and human
7services.
87. “District” means any two or more geographically
9contiguous counties.
108. “District board” means a board of health representing
11at least two geographically contiguous counties formed with
12approval of the state department in accordance with this
13chapter, or any district board of health in existence prior to
14July 1, 2010.
159. “District health department” refers to the personnel and
16property under the jurisdiction of a district board.
1710. “Local board of health” means a city, county, or
18district board of health.
1911. “Officers” means a local board of health chairperson,
20vice chairperson, and secretary, and other officers which may
21be named at the discretion of the local board of health.
2212. “State board” means the state board of health.
2313. 12. “State department” or “department” means the Iowa
24 department of public health and human services.
25 Sec. 213. Section 137.104, subsection 1, paragraph b,
26unnumbered paragraph 1, Code 2023, is amended to read as
27follows:
28Make and enforce such reasonable rules and regulations not
29inconsistent with law and the rules of the state board council
30 as may be necessary for the protection and improvement of the
31public health.
32 Sec. 214. Section 137.104, subsection 1, paragraph b,
33subparagraph (1), Code 2023, is amended to read as follows:
34(1) Rules of a city board shall become effective upon
35approval by the city council and publication in a newspaper
-157-1having general circulation in the city.
2 Sec. 215. Section 137.104, subsection 2, paragraph d, Code
32023, is amended to read as follows:
4d. By written agreement with the city council of any city
5within its jurisdiction, enforce appropriate ordinances of the
6city relating to public health.
7 Sec. 216. Section 137.105, subsection 1, paragraphs a and f,
8Code 2023, are amended to read as follows:
9a. All members of a city board shall be appointed by the
10city council.
11f. A local board of health member shall serve without
12compensation, but may be reimbursed for necessary expenses in
13accordance with rules established by the state board council
14 or the applicable jurisdiction.
15 Sec. 217. Section 137.107, Code 2023, is amended to read as
16follows:
17137.107 Request reviewed by state department.
18The state department shall review requests submitted
19pursuant to section 137.106. The state department, upon
20finding that all required elements are present, shall present
21findings to the state board council. The state board council
22 may approve the formation of a district board and if the
23formation is approved, shall notify the county boards from whom
24the request was received.
25 Sec. 218. Section 137.114, Code 2023, is amended to read as
26follows:
27137.114 Withdrawal from district.
28A county may withdraw from an existing district board upon
29submission of a request for withdrawal to and approval by
30the state department. The request shall include a plan to
31reform its county board or join a different district board,
32information specified in section 137.106, and approval of the
33request by the district board and, at the recommendation of
34the state department, the state board council. Any county
35choosing to withdraw from the district board shall commit to
-158-1the continuity of services in its county by reestablishing
2its county board or joining a different district board. The
3remaining counties in the district shall submit an application
4including the information specified in section 137.106 to the
5state department for review as provided in section 137.107.
6 Sec. 219. Section 137.119, Code 2023, is amended to read as
7follows:
8137.119 Adoption of rules.
9The state board of health council shall adopt rules to
10implement this chapter. The department is vested with
11discretionary authority to interpret the provisions of this
12chapter.
13 Sec. 220. Section 137F.1, subsection 9, unnumbered
14paragraph 1, Code 2023, is amended to read as follows:
15“Food establishment” means an operation that stores,
16prepares, packages, serves, vends, or otherwise provides food
17for human consumption and includes a food service operation in
18a salvage or distressed food operation, school, summer camp,
19residential service substance abuse use disorder treatment
20facility, halfway house substance abuse use disorder treatment
21facility, correctional facility operated by the department of
22corrections, or the state training school. “Food establishment”
23does not include the following:
24 Sec. 221. Section 139A.2, Code 2023, is amended to read as
25follows:
26139A.2 Definitions.
27For purposes of this chapter, unless the context otherwise
28requires:
291. “Area quarantine” means prohibiting ingress and egress
30to and from a building or buildings, structure or structures,
31or other definable physical location, or portion thereof, to
32prevent or contain the spread of a suspected or confirmed
33quarantinable disease or to prevent or contain exposure to a
34suspected or known chemical, biological, radioactive, or other
35hazardous or toxic agent.
-159- 12. “Business” means and includes every trade, occupation,
2or profession.
33. “Care provider” means an individual who is trained
4and authorized by federal or state law to provide health
5care services or services of any kind in the course of the
6individual’s official duties, for compensation or in a
7voluntary capacity, who is a health care provider, emergency
8medical care provider as defined in section 147A.1, fire
9fighter, or peace officer. “Care provider” also means an
10individual who renders emergency care or assistance in an
11emergency or due to an accident as described in section 613.17.
124. “Communicable disease” means any disease spread from
13person to person or animal to person.
145. “Contagious or infectious disease” means hepatitis in
15any form, meningococcal disease, AIDS or HIV as defined in
16section 141A.1, tuberculosis, and any other disease determined
17to be life-threatening to a person exposed to the disease as
18established by rules adopted by the department, based upon a
19determination by the state epidemiologist and in accordance
20with guidelines of the centers for disease control and
21prevention of the United States department of health and human
22services.
236. “Department” means the Iowa department of public health
24and human services.
257. “Designated officer” means a person who is designated by
26a department, agency, division, or service organization to act
27as an infection control liaison officer.
288. “Director” means the director of health and human
29services.
308. 9. “Exposure” means a specific eye, mouth, other mucous
31membrane, nonintact skin, or parenteral contact with blood or
32other potentially infectious bodily fluids.
339. 10. “Exposure-prone procedure” means a procedure
34performed by a health care provider which presents a recognized
35risk of percutaneous injury to the health care provider and
-160-1if such an injury occurs, the health care provider’s blood
2is likely to contact a patient’s body cavity, subcutaneous
3tissues, or mucous membranes, or an exposure-prone procedure as
4defined by the centers for disease control and prevention of
5the United States department of health and human services.
610. 11. “HBV” means hepatitis B virus.
711. 12. “Health care facility” means a health care facility
8as defined in section 135C.1, an ambulatory surgical center,
9or a clinic.
1012. 13. “Health care provider” means a person licensed
11to practice medicine and surgery, osteopathic medicine
12and surgery, chiropractic, podiatry, nursing, dentistry,
13optometry, or as a physician assistant, dental hygienist, or
14acupuncturist.
1513. 14. “HIV” means HIV as defined in section 141A.1.
1614. 15. “Hospital” means hospital as defined in section
17135B.1.
1815. 16. “Isolation” means the separation of persons or
19animals presumably or actually infected with a communicable
20disease or who are disease carriers for the usual period of
21communicability of that disease in such places, marked by
22placards if necessary, and under such conditions as will
23prevent the direct or indirect conveyance of the infectious
24agent or contagion to susceptible persons.
2516. 17. “Local board” means the local board of health.
2617. 18. “Local department” means the local health
27department.
2818. 19. “Placard” means a warning sign to be erected and
29displayed on the periphery of a quarantine area, forbidding
30entry to or exit from the area.
3119. 20. “Public health disaster” means public health
32disaster as defined in section 135.140.
3320. 21. “Quarantinable disease” means any communicable
34disease designated by rule adopted by the department as
35requiring quarantine or isolation to prevent its spread.
-161- 121. 22. “Quarantine” means the limitation of freedom
2of movement of persons or animals that have been exposed to
3a quarantinable disease within specified limits marked by
4placards for a period of time equal to the longest usual
5incubation period of the disease in such manner as to prevent
6the spread of a quarantinable disease which affects people.
722. 23. “Reportable disease” means any disease designated
8by rule adopted by the department requiring its occurrence to
9be reported to an appropriate authority.
1023. 24. “Sexually transmitted disease or infection”
11means a disease or infection as identified by rules adopted
12by the department, based upon a determination by the state
13epidemiologist and in accordance with guidelines of the
14centers for disease control and prevention of the United States
15department of health and human services.
1624. 25. “Significant exposure” means a situation in which
17there is a risk of contracting disease through exposure to
18a person’s infectious bodily fluids in a manner capable of
19transmitting an infectious agent as determined by the centers
20for disease control and prevention of the United States
21department of health and human services and adopted by rule of
22the department.
2325. 26. “Terminal cleaning” means cleaning procedures
24defined in the isolation guidelines issued by the centers for
25disease control and prevention of the United States department
26of health and human services.
27 Sec. 222. Section 139A.3, subsection 3, paragraph c, Code
282023, is amended to read as follows:
29c. Notwithstanding paragraph “b”, information contained in
30the report may be reported in public health records in a manner
31which prevents the identification of any person or business
32named in the report. If information contained in the report
33concerns a business, information disclosing the identity of
34the business may be released to the public when the state
35epidemiologist or the director of public health determines such
-162-1a release of information necessary for the protection of the
2health of the public.
3 Sec. 223. Section 139A.8, subsection 3, Code 2023, is
4amended to read as follows:
53. Subject to the provision of subsection 4, the state board
6of council on health and human services may modify or delete
7any of the immunizations in subsection 2.
8 Sec. 224. Section 139A.8, subsection 4, paragraph b, Code
92023, is amended to read as follows:
10b. The exemptions under this subsection do not apply in
11times of emergency or epidemic as determined by the state board
12of council on health and human services and as declared by the
13director of public health and human services.
14 Sec. 225. Section 139A.9, Code 2023, is amended to read as
15follows:
16139A.9 Forcible removal — isolation — quarantine.
17The forcible removal and isolation or quarantine of any
18infected person shall be accomplished according to the rules
19and regulations of the local board or the rules of the state
20board of council on health and human services.
21 Sec. 226. Section 141A.1, subsection 6, Code 2023, is
22amended to read as follows:
236. “Department” means the Iowa department of public health
24and human services.
25 Sec. 227. Section 141A.2, subsection 6, Code 2023, is
26amended to read as follows:
276. The department, with the approval of the state
28board of council on health and human services, may conduct
29epidemiological blinded and nonblinded studies to determine
30the incidence and prevalence of HIV infection. Initiation
31of any new epidemiological studies shall be contingent upon
32the receipt of funding sufficient to cover all the costs
33associated with the studies. The informed consent, reporting,
34and counseling requirements of this chapter shall not apply to
35blinded studies.
-163-1 Sec. 228. Section 141A.4, subsection 1, paragraph c, Code
22023, is amended to read as follows:
3c. All persons having a history of injecting drug abuse use
4disorder.
5 Sec. 229. Section 141A.9, subsection 2, paragraph j, Code
62023, is amended to read as follows:
7j. To employees of state correctional institutions subject
8to the jurisdiction of the department of corrections, employees
9of secure facilities for juveniles subject to the department
10of health and human services, and employees of city and county
11jails, if the employees have direct supervision over inmates of
12those facilities or institutions in the exercise of the duties
13prescribed pursuant to section 80.9B.
14 Sec. 230. Section 142.1, Code 2023, is amended to read as
15follows:
16142.1 Delivery of bodies.
17The body of every person dying in a public asylum, hospital,
18county care facility, penitentiary, or reformatory in this
19state, or found dead within the state, or which is to be buried
20at public expense in this state, except those buried under the
21provisions of chapter 144C or 249, and which is suitable for
22scientific purposes, shall be delivered to the medical college
23of the state university, or some osteopathic or chiropractic
24college or school located in this state, which has been
25approved under the law regulating the practice of osteopathic
26medicine or chiropractic; but no such body shall be delivered
27to any such college or school if the deceased person expressed
28a desire during the person’s last illness that the person’s
29body should be buried or cremated, nor if such is the desire
30of the person’s relatives. Such bodies shall be equitably
31distributed among said colleges and schools according to their
32needs for teaching anatomy in accordance with such rules as
33may be adopted by the Iowa department of public health and
34human services. The expense of transporting said bodies to
35such college or school shall be paid by the college or school
-164-1receiving the same. If the deceased person has not expressed
2a desire during the person’s last illness that the person’s
3body should be buried or cremated and no person authorized to
4control the deceased person’s remains under section 144C.5
5requests the person’s body for burial or cremation, and if a
6friend objects to the use of the deceased person’s body for
7scientific purposes, said deceased person’s body shall be
8forthwith delivered to such friend for burial or cremation at
9no expense to the state or county. Unless such friend provides
10for burial and burial expenses within five days, the body shall
11be used for scientific purposes under this chapter.
12 Sec. 231. Section 142.2, Code 2023, is amended to read as
13follows:
14142.2 Furnished to physicians.
15When there are more dead bodies available for use under
16section 142.1 than are desired by said colleges or schools, the
17same may be delivered to physicians in the state for scientific
18study under such rules as may be adopted by the Iowa department
19of public health and human services.
20 Sec. 232. Section 142.3, Code 2023, is amended to read as
21follows:
22142.3 Notification of department.
23Every county medical examiner, funeral director or embalmer,
24and the managing officer of every public asylum, hospital,
25county care facility, penitentiary, or reformatory, as soon
26as any dead body shall come into the person’s custody which
27may be used for scientific purposes as provided in sections
28142.1 and 142.2, shall at once notify the nearest relative
29or friend of the deceased, if known, and the Iowa department
30of public health and human services, and hold such body
31unburied for forty-eight hours. Upon receipt of notification,
32the department shall issue verbal or written instructions
33relative to the disposition to be made of said body. Complete
34jurisdiction over said bodies is vested exclusively in the Iowa
35 department of public health and human services. No autopsy or
-165-1post mortem, except as are legally ordered by county medical
2examiners, shall be performed on any of said bodies prior to
3their delivery to the medical schools.
4 Sec. 233. Section 142.9, Code 2023, is amended to read as
5follows:
6142.9 Failure to deliver dead body.
7Any person having the custody of the dead body of any human
8being which is required to be delivered for scientific purposes
9by this chapter, who shall fail to notify the Iowa department
10of public health and human services of the existence of such
11body, or fail to deliver the same in accordance with the
12instructions of the department, shall be guilty of a simple
13misdemeanor.
14 Sec. 234. Section 142A.2, Code 2023, is amended to read as
15follows:
16142A.2 Definitions.
17As used in this chapter, unless the context otherwise
18requires:
191. “Administrator” means the administrator of the division
20of tobacco use prevention and control.
212. 1. “Commission” means the commission on tobacco use
22prevention and control established in this chapter.
233. 2. “Community partnership” means a public agency or
24nonprofit organization implementing the tobacco use prevention
25and control initiative in a local area in accordance with this
26chapter.
274. 3. “Department” means the Iowa department of public
28 health and human services.
295. 4. “Director” means the director of public health and
30human services.
316. “Division” means the division of tobacco use prevention
32and control of the Iowa department of public health,
33established pursuant to this chapter.
347. 5. “Initiative” means the comprehensive tobacco use
35prevention and control initiative established in this chapter.
-166- 18. 6. “Manufacturer” means manufacturer as defined in
2section 453A.1.
39. 7. “Pregnant woman” means a female of any age who is
4pregnant.
510. 8. “School-age youth” means a person attending school
6in kindergarten through grade twelve.
711. 9. “Tobacco” means both cigarettes and tobacco products
8as defined in section 453A.1.
912. 10. “Youth” means a person who is five through
10twenty-four years of age.
11 Sec. 235. Section 142A.3, Code 2023, is amended to read as
12follows:
13142A.3 Tobacco use prevention and control — division —
14commission — created.
151. The department shall establish, as a separate and
16distinct division within the department, a division of tobacco
17use prevention and control. The division shall develop,
18implement, and administer the initiative established in this
19chapter and shall perform other duties as directed by this
20chapter or as assigned by the director of public health.
212. A commission on tobacco use prevention and control
22is established to develop policy, provide direction for
23the initiative, and perform all other duties related to
24the initiative and other tobacco use prevention and control
25activities as directed by this chapter or referred to the
26commission by the director of public health.
273. The membership of the commission shall include the
28following voting members who shall serve three-year, staggered
29terms:
30a. Members, at least one of whom is a member of a racial
31minority, to be appointed by the governor, subject to
32confirmation by the senate pursuant to sections 2.32 and 69.19,
33and consisting of the following:
34(1) Three members who are active with nonprofit health
35organizations that emphasize tobacco use prevention or who are
-167-1active as health services providers, at the local level.
2(2) Three members who are active with health promotion
3activities at the local level in youth education, nonprofit
4services, or other activities relating to tobacco use
5prevention and control.
6b. Three voting members, to be selected by the participants
7in the annual statewide youth summit of the initiative’s youth
8program, who shall not be subject to section 69.16 or 69.16A.
9However, the selection process shall provide for diversity
10among the members and at least one of the youth members shall
11be a female.
124. The commission shall also include the following ex
13officio, nonvoting members:
14a. Four members of the general assembly, with not more than
15one member from each chamber being from the same political
16party. The majority leader of the senate and the minority
17leader of the senate shall each appoint one of the senate
18members. The majority leader of the house of representatives
19and the minority leader of the house of representatives shall
20each appoint one of the house members.
21b. The presiding officer of the statewide youth executive
22body, selected by the delegates to the statewide youth summit.
235. In addition to the members of the commission, the
24following agencies, organizations, and persons shall each
25assign a single liaison to the commission to provide assistance
26to the commission in the discharge of the commission’s duties:
27a. The department of education.
28b. The drug policy coordinator director.
29c. The department of justice, office of the attorney
30general.
31d. The department of human services.
326. Citizen members shall be reimbursed for actual and
33necessary expenses incurred in performance of their duties.
34Citizen members shall be paid a per diem as specified in
35section 7E.6. Legislative members are eligible for per diem
-168-1and expenses as provided in section 2.10.
27. A member of the commission who is convicted of a crime
3relating to tobacco, alcohol, or controlled substances is
4subject to removal from the commission.
58. A vacancy on the commission other than for the youth
6members shall be filled in the same manner as the original
7appointment for the balance of the unexpired term. A youth
8member vacancy shall be filled by the presiding officer of the
9statewide executive body as selected by the delegates to the
10statewide youth summit.
119. The commission shall elect a chairperson from among its
12voting members and may select other officers from among its
13voting members, as determined necessary by the commission.
14The commission shall meet regularly as determined by the
15commission, upon the call of the chairperson, or upon the call
16of a majority of the voting members.
1710. The commission may designate an advisory council. The
18commission shall determine the membership and representation
19of the advisory council and members of the council shall serve
20at the pleasure of the commission. The advisory council may
21include representatives of health care provider groups, parent
22groups, antitobacco advocacy programs and organizations,
23research and evaluation experts, and youth organizers.
24 Sec. 236. Section 142A.4, Code 2023, is amended to read as
25follows:
26142A.4 Commission duties.
27The commission shall do all of the following:
281. Develop and implement the comprehensive tobacco use
29prevention and control initiative as provided in this chapter.
302. Provide a forum for the discussion, development, and
31recommendation of public policy alternatives in the field of
32tobacco use prevention and control.
333. Develop an educational component of the initiative.
34Educational efforts provided through the school system shall be
35developed in conjunction with the department of education.
-169- 14. Develop a plan for implementation of the initiative in
2accordance with the purpose and intent specified in section
3142A.1.
45. Provide for technical assistance, training, and other
5support under the initiative.
66. Take actions to develop and implement a statewide
7system for the initiative programs that are delivered through
8community partnerships.
97. Manage and coordinate the provision of funding and other
10moneys available to the initiative by combining all or portions
11of appropriations or other revenues as authorized by law.
128. Assist with the linkage of the initiative with child
13welfare and juvenile justice decategorization projects,
14education programming, early childhood Iowa areas, and other
15programs and services directed to youth at the state and
16community level.
179. a. Coordinate and respond to any requests from a
18community partnership relating to any of the following:
19(1) Removal of barriers to community partnership efforts.
20(2) Pooling and redirecting of existing federal, state, or
21other public or private funds available for purposes that are
22consistent with the initiative.
23(3) Seeking of federal waivers to assist community
24partnership efforts.
25b. In coordinating and responding to the requests, the
26commission shall work with state agencies, the governor, and
27the general assembly as necessary to address requests deemed
28appropriate by the commission.
2910. Adopt rules pursuant to chapter 17A as necessary for
30the designation, governance, and oversight of the initiative
31and the implementation of this chapter. The commission shall
32provide for community partnership and youth program input in
33the rules adoption process. The rules shall include but are
34not limited to all of the following:
35a. Performance indicators for initiative programs, community
-170-1partnerships, and the services provided under the auspices of
2community partnerships. The performance indicators shall be
3developed with input from communities.
4b. Minimum standards to further the provision of equal
5access to services.
611. Monitor and evaluate the effectiveness of performance
7measures utilized under the initiative.
812. Submit a report to the governor and the general assembly
9on a periodic basis, during the initial year of operation,
10and on an annual basis thereafter, regarding the initiative,
11including demonstrated progress based on performance
12indicators. The commission shall report more frequently if
13requested by the joint appropriations subcommittee that makes
14recommendations concerning the commission’s budget. Beginning
15July 1, 2005, the commission shall also perform a comprehensive
16review of the initiative and shall submit a report of its
17findings to the governor and the general assembly on or before
18December 15, 2005.
1913. Represented by the chairperson of the commission,
20annually appear before the joint appropriations subcommittee
21that makes recommendations concerning the commission’s budget
22to report on budget expenditures and division department
23 operations relative to the prior fiscal year and the current
24fiscal year.
2514. Advise the director in evaluating potential candidates
26for the position of administrator, consult with the director
27in the hiring of the administrator, and review and advise
28the director on the performance of the administrator in the
29discharge of the administrator’s duties.
3015. 14. Prioritize funding needs and the allocation of
31moneys appropriated and other resources available for the
32programs and activities of the initiative.
3316. 15. Review fiscal needs of the initiative and make
34recommendations to the director in the development of budget
35requests.
-171- 117. 16. Solicit and accept any gift of money or property,
2including any grant of money, services, or property from the
3federal government, the state, a political subdivision, or
4a private source that is consistent with the goals of the
5initiative. The commission shall adopt rules prohibiting the
6acceptance of gifts from a manufacturer of tobacco products.
718. 17. Advise and make recommendations to the governor,
8the general assembly, and the director, and the administrator,
9relative to tobacco use, treatment, intervention, prevention,
10control, and education programs in the state.
1119. 18. Evaluate the work of the division and the
12 department relating to the initiative. For this purpose, the
13commission shall have access to any relevant department records
14and documents, and other information reasonably obtainable by
15the department.
1620. 19. Develop the structure for the statewide youth
17summit to be held annually.
1821. 20. Approve the content of any materials distributed
19by the youth program pursuant to section 142A.9, prior to
20distribution of the materials.
21 Sec. 237. Section 142A.5, Code 2023, is amended to read as
22follows:
23142A.5 Director and administrator Department duties.
241. The director department shall do all of the following:
25a. Establish and maintain the division of tobacco use
26prevention and control.
27b. Employ a separate division administrator, in accordance
28with the requirements of section 142A.4, subsection 14, in a
29full-time equivalent position whose sole responsibility and
30duty shall be the administration and oversight of the division.
31The division administrator shall report to and shall serve
32at the pleasure of the director. The administrator shall
33be exempt from the merit system provisions of chapter 8A,
34subchapter IV.
35c. 1. Coordinate all tobacco use prevention and control
-172-1programs and activities under the purview of the department.
2d. 2. Receive and review budget recommendations from the
3commission. The director shall consider these recommendations
4in developing the budget request for the department.
52. The administrator shall do all of the following:
6a. 3. Implement the initiative, coordinate the activities
7of the commission and the initiative, and coordinate other
8tobacco use prevention and control activities as assigned by
9the director.
10b. 4. Monitor and evaluate the effectiveness of performance
11measures.
12c. 5. Provide staff and administrative support to the
13commission.
14d. 6. Administer contracts entered into under this chapter.
15e. 7. Coordinate and cooperate with other tobacco use
16prevention and control programs within and outside of the
17state.
18f. 8. Provide necessary information to the commission
19to assist the commission in making its annual report to the
20joint appropriations subcommittee pursuant to section 142A.4,
21subsection 13, and in fulfilling other commission duties
22pursuant to section 142A.4.
23 Sec. 238. Section 142A.6, subsections 1 and 4, Code 2023,
24are amended to read as follows:
251. A comprehensive tobacco use prevention and control
26initiative is established. The division department shall
27implement the initiative as provided in this chapter.
284. The division department shall implement the initiative
29in a manner that ensures that youth are extensively involved
30in the decision making for the programs implemented under
31the initiative. The initiative shall also involve parents,
32schools, and community members in activities to achieve the
33results desired for the initiative. The division department
34 shall encourage collaboration at the state and local levels
35to maximize available resources and to provide flexibility to
-173-1support community efforts.
2 Sec. 239. Section 142C.15, subsections 1 and 2, Code 2023,
3are amended to read as follows:
41. An anatomical gift public awareness and transplantation
5fund is created as a separate fund in the state treasury
6under the control of the Iowa department of public health and
7human services. The fund shall consist of moneys remitted
8by the county treasurer of a county or by the department of
9transportation which were collected through the payment of a
10contribution made by an applicant for registration of a motor
11vehicle pursuant to section 321.44A and any other contributions
12to the fund.
132. The moneys collected under this section and deposited
14in the fund are appropriated to the Iowa department of public
15 health and human services for the purposes specified in
16this section. Moneys in the fund shall not be subject to
17appropriation or expenditure for any other purpose.
18 Sec. 240. Section 142C.15, subsection 4, unnumbered
19paragraph 1, Code 2023, is amended to read as follows:
20The Iowa department of public health and human services may
21use not more than five percent of the moneys in the fund for
22administrative costs. The remaining moneys in the fund may
23be expended through grants to any of the following persons,
24subject to the following conditions:
25 Sec. 241. Section 142C.17, unnumbered paragraph 1, Code
262023, is amended to read as follows:
27The Iowa department of public health and human services, in
28conjunction with any statewide organ procurement organization
29in Iowa, shall prepare and submit a report to the general
30assembly on or before January 1 each year regarding organ
31donation rates and voluntary compliance efforts with hospital
32organ and tissue donation protocols by physicians, hospitals,
33and other health systems organizations. The report shall
34contain the following:
35 Sec. 242. Section 142C.18, subsection 1, Code 2023, is
-174-1amended to read as follows:
21. The director department of public health and human
3services shall contract with and recognize the Iowa donor
4registry for the purpose of indicating on the donor registry
5all relevant information regarding a donor’s making or amending
6of an anatomical gift.
7 Sec. 243. Section 142D.2, Code 2023, is amended by adding
8the following new subsection:
9 NEW SUBSECTION. 3A. “Department” means the department of
10health and human services.
11 Sec. 244. Section 142D.6, subsection 3, Code 2023, is
12amended to read as follows:
133. The owner, operator, manager, or other person having
14custody or control of a public place, place of employment,
15area declared a nonsmoking place pursuant to section 142D.5,
16or outdoor area where smoking is prohibited under this
17chapter shall clearly and conspicuously post in and at every
18entrance to the public place, place of employment, area
19declared a nonsmoking place pursuant to section 142D.5, or
20outdoor area, “no smoking” signs or the international “no
21smoking” symbol. Additionally, a “no smoking” sign or the
22international “no smoking” symbol shall be placed in every
23vehicle that constitutes a public place, place of employment,
24or area declared a nonsmoking place pursuant to section 142D.5
25under this chapter, visible from the exterior of the vehicle.
26All signs shall contain the telephone number for reporting
27complaints and the internet site of the department of public
28health. The owner, operator, manager, or other person having
29custody or control of the public place, place of employment,
30area declared a nonsmoking place pursuant to section 142D.5,
31or outdoor area may use the sample signs provided on the
32department of public health’s department’s internet site, or
33may use another sign if the contents of the sign comply with
34the requirements of this subsection.
35 Sec. 245. Section 142D.8, Code 2023, is amended to read as
-175-1follows:
2142D.8 Enforcement.
31. This chapter shall be enforced by the department of
4public health or the department’s designee. The department of
5public health shall adopt rules to administer this chapter,
6including rules regarding enforcement. The department
7of public health shall provide information regarding the
8provisions of this chapter and related compliance issues to
9employers, owners, operators, managers, and other persons
10having custody or control of a public place, place of
11employment, area declared a nonsmoking place pursuant to
12section 142D.5, or outdoor area where smoking is prohibited,
13and the general public via the department’s internet site. The
14internet site shall include sample signage and the telephone
15number for reporting complaints. Judicial magistrates shall
16hear and determine violations of this chapter.
172. If a public place is subject to any state or political
18subdivision inspection process or is under contract with the
19state or a political subdivision, the person performing the
20inspection shall assess compliance with the requirements of
21this chapter and shall report any violations to the department
22of public health or the department’s designee.
233. An owner, operator, manager, or other person having
24custody or control of a public place, place of employment, area
25declared a nonsmoking place pursuant to section 142D.5, or
26outdoor area regulated under this chapter shall inform persons
27violating this chapter of the provisions of this chapter.
284. An employee or private citizen may bring a legal action
29to enforce this chapter. Any person may register a complaint
30under this chapter by filing a complaint with the department of
31public health or the department’s designee.
325. In addition to the remedies provided in this section, the
33department of public health or the department’s designee or any
34other person aggrieved by the failure of the owner, operator,
35manager, or other person having custody or control of a public
-176-1place, place of employment, area declared a nonsmoking place
2pursuant to section 142D.5, or outdoor area regulated by this
3chapter to comply with this chapter may seek injunctive relief
4to enforce this chapter.
5 Sec. 246. Section 142D.9, subsection 5, Code 2023, is
6amended to read as follows:
75. Violation of this chapter constitutes a public nuisance
8which may be abated by the department of public health or the
9department’s designee by restraining order, preliminary or
10permanent injunction, or other means provided by law, and the
11entity abating the public nuisance may take action to recover
12the costs of such abatement.
13 Sec. 247. Section 144.1, Code 2023, is amended to read as
14follows:
15144.1 Definitions.
16As used in this chapter, unless the context otherwise
17requires:
181. “Board” means the state board of health.
192. “Book”, “list”, “record”, or “schedule” kept by a county
20auditor, assessor, treasurer, recorder, sheriff, or other
21county officer means the county system as defined in section
22445.1.
233. 1. “Court of competent jurisdiction” when used to refer
24to inspection of an original certificate of birth based upon an
25adoption means the court where the adoption was ordered.
264. 2. “Cremated remains” means all the remains of the
27cremated human body recovered after the completion of the
28cremation process, including pulverization which leaves only
29bone fragments reduced to unidentifiable dimensions, and may
30include the residue of any foreign matter including casket
31material, bridgework, or eyeglasses that were cremated with the
32human remains.
335. 3. “Cremation” means the technical process, using
34heat and flame, that reduces human remains to bone fragments,
35with the reduction taking place through heat and evaporation.
-177-1Cremation shall include the processing, and may include the
2pulverization, of the bone fragments.
36. 4. “Dead body” means a lifeless human body or parts
4or bones of a body, if, from the state of the body, parts,
5or bones, it may reasonably be concluded that death recently
6occurred.
77. 5. “Department” means the Iowa department of public
8 health and human services.
98. “Division” means a division, within the department, for
10records and statistics.
119. 6. “Fetal death” means death prior to the complete
12expulsion or extraction from its mother of a product of human
13conception, irrespective of the duration of pregnancy. Death
14is indicated by the fact that after expulsion or extraction
15the fetus does not breathe or show any other evidence of life
16such as beating of the heart, pulsation of the umbilical cord,
17or definite movement of voluntary muscles. In determining a
18fetal death, heartbeats shall be distinguished from transient
19cardiac contractions, and respirations shall be distinguished
20from fleeting respiratory efforts or gasps.
2110. 7. “Filing” means the presentation of a certificate,
22report, or other record, provided for in this chapter, of a
23birth, death, fetal death, adoption, marriage, dissolution, or
24annulment for registration by the division department.
2511. 8. “Final disposition” means the burial, interment,
26cremation, removal from the state, or other disposition of a
27dead body or fetus.
2812. 9. “Institution” means any establishment, public
29or private, which provides inpatient medical, surgical,
30or diagnostic care or treatment, or nursing, custodial, or
31domiciliary care to two or more unrelated individuals, or to
32which persons are committed by law.
3313. 10. “Live birth” means the complete expulsion or
34extraction from its mother of a product of human conception,
35irrespective of the duration of pregnancy, which, after
-178-1such expulsion or extraction, breathes or shows any other
2evidence of life such as beating of the heart, pulsation of
3the umbilical cord, or definite movement of voluntary muscles,
4whether or not the umbilical cord has been cut or the placenta
5is attached. In determining a live birth, heartbeats shall
6be distinguished from transient cardiac contractions, and
7respirations shall be distinguished from fleeting respiratory
8efforts or gasps.
911. “Record” kept by a county auditor, assessor, treasurer,
10recorder, sheriff, or other county officer means the county
11system as defined in section 445.1.
1214. 12. “Registration” means the process by which vital
13statistic records are completed, filed, and incorporated by the
14division department in the division’s department’s official
15records.
1615. 13. “State registrar” means the state registrar of
17vital statistics.
1816. 14. “System of vital statistics” includes the
19registration, collection, preservation, amendment, and
20certification of vital statistics records, and activities and
21records related thereto to the records including the data
22processing, analysis, and publication of statistical data
23derived from such records.
2417. 15. “Vital statistics” means records of births, deaths,
25fetal deaths, adoptions, marriages, dissolutions, annulments,
26and data related thereto to the records.
27 Sec. 248. Section 144.2, Code 2023, is amended to read as
28follows:
29144.2 Division of records Records and statistics.
30There is established in the The department a division for
31records and statistics which shall install, maintain, and
32operate the system of vital statistics throughout the state.
33No system for the registration of births, deaths, fetal deaths,
34adoptions, marriages, dissolutions, and annulments, shall be
35maintained in the state or any of its political subdivisions
-179-1other than the one provided for in this chapter. Suitable
2quarters shall be provided for the division department
3 by the executive council at the seat of government. The
4quarters shall be properly equipped for the permanent and safe
5preservation of all official records made and returned under
6this chapter.
7 Sec. 249. Section 144.4, Code 2023, is amended to read as
8follows:
9144.4 Registrar State registrar.
10The director of public health or the director’s designee
11 shall be the state registrar of vital statistics and shall
12carry out the provisions of this chapter.
13 Sec. 250. Section 144.5, Code 2023, is amended to read as
14follows:
15144.5 Duties of state registrar.
16The state registrar shall do all of the following:
171. Administer and enforce this chapter and the rules issued
18under this chapter, and issue instructions for the efficient
19administration of the statewide system of vital statistics and
20the division for records and statistics.
212. Direct and supervise the statewide system of vital
22statistics and the division for records and statistics and be
23custodian of its records.
243. Direct, supervise, and control the activities of clerks
25of the district court and county recorders related to the
26operation of the vital statistics system and provide registrars
27with necessary postage.
284. Prescribe, print, and distribute the forms required by
29this chapter and prescribe any other means for transmission of
30data, as necessary to accomplish complete, accurate reporting.
315. Prepare and publish annual reports of vital statistics of
32this state and other reports as may be required.
336. Delegate functions and duties vested in the state
34registrar to officers, to employees of the department, to the
35clerks of the district court, and to the county registrars as
-180-1the state registrar deems necessary or expedient.
27. Provide, by rules, for appropriate morbidity reporting.
3 Sec. 251. Section 144.12A, subsection 4, Code 2023, is
4amended to read as follows:
54. The department shall, upon request, provide the name,
6address, social security number, and any other identifying
7information of a registrant to the biological mother of
8the child; a court; the department of human services; the
9attorney of any party to an adoption, termination of parental
10rights, or establishment of paternity or support action; or
11to the child support recovery unit services for an action to
12establish paternity or support; or any other subunit of the
13department subject to prior approval by the state registrar.
14The information shall not be divulged to any other person and
15shall be considered a confidential record as to any other
16person, except upon order of the court for good cause shown.
17If the registry has not received a declaration of paternity,
18the department shall provide a written statement to that effect
19to the person making the inquiry.
20 Sec. 252. Section 144.13, subsection 4, Code 2023, is
21amended to read as follows:
224. The division state registrar shall make all of the
23following available to the child support recovery unit
24 services, upon request:
25a. A copy of a child’s birth certificate.
26b. The social security numbers of the mother and the father.
27c. A copy of the affidavit of paternity if filed pursuant
28to section 252A.3A and any subsequent rescission form which
29rescinds the affidavit.
30d. Information, other than information for medical and
31health use only, identified on a child’s birth certificate or
32on an affidavit of paternity filed pursuant to section 252A.3A.
33The information may be provided as mutually agreed upon by the
34division state registrar and the child support recovery unit
35 services, including by automated exchange.
-181-1 Sec. 253. Section 144.13A, subsection 5, paragraph a, Code
22023, is amended to read as follows:
3a. Ten dollars of each registration fee is appropriated and
4shall be used for primary and secondary child abuse prevention
5programs pursuant to section 235A.1, and ten dollars of each
6registration fee is appropriated and shall be used for the
7center for congenital and inherited disorders central registry
8established pursuant to section 136A.6. Notwithstanding
9section 8.33, moneys appropriated in this paragraph that remain
10unencumbered or unobligated at the close of the fiscal year
11shall not revert but shall remain available for expenditure
12for the purposes designated until the close of the succeeding
13fiscal year, and shall not be transferred, used, obligated,
14appropriated, or otherwise encumbered except as provided in
15this paragraph.
16 Sec. 254. Section 144.26, Code 2023, is amended to read as
17follows:
18144.26 Death certificate.
191. a. A death certificate for each death which occurs
20in this state shall be filed as directed by the state
21registrar within three days after the death and prior to final
22disposition, and shall be registered by the county registrar
23if it has been completed and filed in accordance with this
24chapter. A death certificate shall include the social security
25number, if provided, of the deceased person. All information
26including the certifying physician’s, physician assistant’s,
27or advanced registered nurse practitioner’s name shall be
28typewritten.
29b. A physician assistant or an advanced registered nurse
30practitioner authorized to sign a death certificate shall be
31licensed in this state and shall have been in charge of the
32deceased patient’s care.
332. All information included on a death certificate may
34be provided as mutually agreed upon by the division state
35registrar and the child support recovery unit services,
-182-1including by automated exchange.
23. a. The county in which a dead body is found is the
3county of death. If death occurs in a moving conveyance,
4the county in which the dead body is first removed from the
5conveyance is the county of death.
6b. If a decedent died outside of the county of the
7decedent’s residence, the state registrar shall send a copy
8of the decedent’s death certificate and any amendments to the
9county registrar of the county of the decedent’s residence.
10The county registrar shall record a death certificate received
11pursuant to this paragraph in the same records in which the
12death certificate of a decedent who died within the county
13is recorded. The state registrar may provide the county
14registrars with electronic access to vital records in lieu of
15the requirements of this paragraph.
164. a. The department shall establish by rule procedures
17for making a finding of presumption of death when no body
18can be found. The department shall also provide by rule
19the responsibility for completing and signing the medical
20certification of cause of death in such circumstances. The
21presumptive death certificate shall be in a form prescribed by
22the state registrar and filed in the county where the death was
23presumed to occur.
24b. The division department shall provide for the correction,
25substitution, or removal of a presumptive death certificate
26when the body of the person is later found, additional facts
27are discovered, or the person is discovered to be alive.
285. Upon the activation of an electronic death record system,
29each person with a duty related to death certificates shall
30participate in the electronic death record system. A person
31with a duty related to a death certificate includes but is not
32limited to a physician as defined in section 135.1, a physician
33assistant, an advanced registered nurse practitioner, a funeral
34director, and a county recorder.
35 Sec. 255. Section 144.29A, subsection 1, paragraph c, Code
-183-12023, is amended to read as follows:
2c. The maternal health services region of the Iowa
3 department of public health and human services, as designated
4as of July 1, 1997, in which the patient resides.
5 Sec. 256. Section 144.36, subsection 1, Code 2023, is
6amended to read as follows:
71. A certificate recording each marriage performed in
8this state shall be filed with the state registrar. The
9county registrar shall prepare the certificate on the form
10furnished by the state registrar upon the basis of information
11obtained from the parties to be married, who shall attest to
12the information by their signatures. The county registrar in
13each county shall keep a record book for marriages of marriage
14certificates as required by the state registrar. The form of
15marriage record books shall be uniform throughout the state. A
16properly indexed permanent record of marriage certificates upon
17microfilm, electronic computer, or data processing equipment
18may be kept in lieu of marriage record books.
19 Sec. 257. Section 144.37, Code 2023, is amended to read as
20follows:
21144.37 Dissolution and annulment records.
221. For each dissolution or annulment of marriage granted
23by any court in this state, a record shall be prepared by
24the clerk of court or by the petitioner or the petitioner’s
25legal representative if directed by the clerk and filed by
26the clerk of court with the state registrar. The information
27necessary to prepare the report record shall be furnished with
28the petition, to the clerk of court by the petitioner or the
29petitioner’s legal representative, on forms supplied by the
30state registrar.
312. The clerk of the district court in each county shall
32keep a record book for maintain the records of dissolutions and
33annulments of marriage as required by the state registrar. The
34form of dissolution record books shall be uniform throughout
35the state. A properly indexed record of dissolutions upon
-184-1microfilm, electronic computer, or data processing equipment
2may be kept in lieu of dissolution record books.
33. On or before the tenth day of each calendar month, the
4clerk of court shall forward to the state registrar the record
5of each dissolution and annulment granted during the preceding
6calendar month and related reports required by regulations
7issued under this chapter.
8 Sec. 258. Section 144.43, subsection 3, paragraph b, Code
92023, is amended to read as follows:
10b. The following vital statistics records in the custody
11of the state archivist may be inspected and copied as of right
12under chapter 22:
13(1) A record of birth that if the record is at least
14seventy-five years old or upon proof of entitlement to the
15record.
16(2) A record of marriage that if the record is at least
17seventy-five years old or upon proof of entitlement to the
18record.
19(3) A record of divorce, dissolution of marriage,
20or annulment of marriage that if the record is at least
21seventy-five years old or upon proof of entitlement to the
22record.
23(4) A record of death or fetal death, either of which if the
24record is at least fifty years old or upon proof of entitlement
25to the record.
26 Sec. 259. Section 144A.2, subsection 5, Code 2023, is
27amended to read as follows:
285. “Department” means the Iowa department of public health
29and human services.
30 Sec. 260. Section 144D.1, subsection 2, Code 2023, is
31amended to read as follows:
322. “Department” means the department of public health and
33human services.
34 Sec. 261. Section 146A.1, subsection 1, paragraph d,
35subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
-185-1to read as follows:
2That the woman has been provided information regarding all
3of the following, based upon the materials developed by the
4department of public health and human services pursuant to
5subparagraph (2):
6 Sec. 262. Section 146A.1, subsection 1, paragraph d,
7subparagraph (2), unnumbered paragraph 1, Code 2023, is amended
8to read as follows:
9The department of public health and human services shall
10make available to physicians, upon request, all of the
11following information:
12 Sec. 263. Section 146B.1, subsection 3, Code 2023, is
13amended to read as follows:
143. “Department” means the department of public health and
15human services.
16 Sec. 264. Section 147.77, Code 2023, is amended to read as
17follows:
18147.77 Powers, privileges, rights, or duties provided by rule
19— applicability to physician assistants.
201. The following agencies that adopt rules pursuant to
21chapter 17A providing a power, privilege, right, or duty to
22a physician licensed under chapter 148 or other profession
23licensed under this subtitle relating to the following subjects
24shall, consistent with the scope of practice of physician
25assistants licensed under chapter 148C, and unless otherwise
26inconsistent with state or federal law, provide the same power,
27privilege, right, or duty by rule to a physician assistant
28licensed under chapter 148C:
29a. The department of administrative services, with respect
30to rules relating to the following:
31(1) Retroactive conversion of vacation time to sick leave
32for vacation time spent under the care of a physician.
33(2) Certification of a catastrophic illness by a physician
34for purposes of donation of leave and second medical
35opinions and updates sought from a physician relating to such
-186-1certifications.
2b. The department on aging, with respect to rules relating
3to a written order from a physician for an older individual
4requesting a therapeutic diet, and the interpretation of such
5orders.
6c. b. The department of corrections, with respect to rules
7relating to the following:
8(1) That a parolee shall not use, purchase, possess, or
9transfer any drugs unless prescribed by a physician.
10(2) That a serious medical need is one that has been
11diagnosed by a physician as requiring treatment or is one so
12obvious that a lay person would easily recognize the necessity
13for a physician’s attention.
14(3) That each jail shall have a designated licensed
15physician, licensed osteopathic physician, or medical resource
16designated for the medical supervision, care, and treatment of
17prisoners as deemed necessary and appropriate.
18(4) That prescription medication, as ordered by a licensed
19physician, licensed osteopathic physician, or licensed dentist
20shall be provided in accordance with the directions of the
21prescribing physician or dentist. Prisoners with medication
22from a personal physician, osteopathic physician, or dentist
23may be evaluated by a physician, osteopathic physician, or
24dentist selected by the jail administrator to determine if the
25present medication is appropriate.
26(5) That expired drugs or drugs not in unit dose packaging,
27whose administration had been discontinued by the attending
28physician, shall be destroyed by the jail administrator or
29designee in the presence of a witness.
30(6) That special diets in jails prescribed by a physician
31shall be followed and documented, that the physician who
32prescribes the special diet shall specify a date on which the
33diet will be reviewed for renewal or discontinuation, and that
34unless specified by the prescribing physician, a certified
35dietitian shall develop the menu.
-187- 1(7) That special diets prescribed by a physician for the
2care and treatment of juveniles in nonsecure hold shall be
3followed and documented.
4(8) For medical services in temporary holding facilities,
5that a serious medical need is one that has been diagnosed by
6a physician as requiring treatment or one that is so obvious
7that a lay person would easily recognize the necessity for a
8physician’s attention.
9(9) For medical resources in temporary holding facilities,
10that each facility shall have a designated licensed physician,
11licensed osteopathic physician, or medical resource designated
12for the medical supervision, care, and treatment of detainees
13as deemed necessary and appropriate.
14(10) Medication procedures in temporary holding facilities,
15that prescription medication, as ordered by a licensed
16physician, licensed osteopathic physician, or licensed dentist
17shall be provided in accordance with the directions of the
18prescribing physician or dentist. Detainees with medication
19from a personal physician, osteopathic physician, or dentist
20may be evaluated by a physician, osteopathic physician, or
21dentist selected by the facility administrator to determine if
22the present medication is appropriate.
23(11) For medication storage in temporary holding
24facilities, that expired drugs or drugs not in unit dose
25packaging, whose administration had been discontinued by
26the attending physician, shall be destroyed by the facility
27administrator or designee in the presence of a witness.
28(12) For medical diets in temporary holding facilities,
29that special diets as prescribed by a physician shall be
30followed and documented.
31(13) For medical care and treatment for juveniles in
32nonsecure holds in temporary holding facilities, that special
33diets as prescribed by a physician shall be followed and
34documented.
35d. c. The economic development authority, with respect
-188-1to rules relating to the certification of a person with a
2disability for the purpose of the targeted small business
3program, that in order to be considered a person with a
4disability for the purpose of the targeted small business
5program, the person must qualify and receive certification as
6having a disability from a licensed medical physician or must
7have been found eligible for vocational rehabilitation services
8by the department of education workforce development, division
9of vocational rehabilitation services, or by the department for
10the blind.
11e. d. The department of education, with respect to rules
12relating to the following:
13(1) For statements relating to medication administration
14policies, that a statement that persons administering
15medication shall include authorized practitioners, such as
16licensed registered nurses and physicians, and persons to whom
17authorized practitioners have delegated the administration
18of prescription and nonprescription drugs. Individuals
19shall self-administer asthma or other airway constricting
20disease medication or possess and have use of an epinephrine
21auto-injector with parent and physician consent on file,
22without the necessity of demonstrating competency to
23self-administer these medications.
24(2) For medication administration courses relating
25to medication administration policies, that a medication
26administration course be conducted by a registered nurse
27or licensed pharmacist and include an annual medication
28administration procedural skills check completed with a
29registered nurse or pharmacist.
30(3) For school-based youth services programs, that
31preventive and primary health care services shall be delivered
32by specifically credentialed providers as specified.
33f. e. The department of health and human services, with
34respect to rules relating to the following:
35(1) That an incident for purposes of accreditation
-189-1of providers of services to persons with mental illness,
2intellectual disabilities, or developmental disabilities
3includes but is not limited to an occurrence involving the
4individual using the service that results in a physical injury
5to or by the individual that requires a physician’s treatment
6or admission to a hospital.
7(2) That a mental health professional, for purposes
8of accreditation of providers of services to persons with
9mental illness, intellectual disabilities, or developmental
10disabilities, includes a medical professional licensed in this
11state, provided that the professional otherwise meets all of
12the conditions to qualify as a mental health professional.
13(3) That home health aide services for purposes of
14disability services management and regional services may
15include medications specifically ordered by a physician.
16(4) That payment relating to the state supplementary
17assistance program for residential care shall only be made when
18there is on file an order written by a physician certifying
19that the applicant or recipient being admitted requires
20residential care but does not require nursing services.
21(5) That a case folder for a facility participating in
22the state supplementary assistance program must include a
23physician’s statement certifying that a resident does not
24require nursing services.
25(6) That personnel providing psychological evaluations
26and counseling or psychotherapy services for area education
27agencies under the medical assistance program include specified
28professions endorsed, licensed, or registered in this state,
29provided that the professional otherwise meets all of the
30conditions to qualify as a mental health professional.
31(7) That personnel providing psychological evaluations and
32counseling or psychotherapy services for providers of infant
33and toddler program services under the medical assistance
34program include specified professions endorsed, licensed,
35or registered in this state, provided that the professional
-190-1otherwise meets all of the conditions to qualify as a mental
2health professional.
3(8) That personnel providing other services for providers
4of infant and toddler program services under the medical
5assistance program include specified professions recognized,
6endorsed, or licensed in this state, provided that the
7professional otherwise meets all of the conditions to qualify
8as a mental health professional.
9(9) That personnel providing psychological evaluations
10and counseling or psychotherapy services for providers of
11local education agency services under the medical assistance
12program include specified professions endorsed, licensed,
13or registered in this state, provided that the professional
14otherwise meets all of the conditions to qualify as a mental
15health professional.
16(10) That personnel providing other services for providers
17of local education agency services under the medical assistance
18program include specified professions recognized, endorsed,
19or licensed in this state, provided that the professional
20otherwise meets all of the conditions to qualify as a mental
21health professional.
22(11) For payment for medically necessary home health agency
23services under the medical assistance program, that payment
24shall be approved for medically necessary home health agency
25services prescribed by a physician in a plan of home health
26care provided by a Medicare-certified home health agency.
27(12) For authorization for medically necessary home health
28agency services under the medical assistance program, that
29services shall be authorized by a physician, evidenced by the
30physician’s signature and date on a plan of treatment.
31(13) For treatment plans of home health agencies under the
32medical assistance program, that a member’s medical condition
33shall be reflected by the date last seen by a physician, if
34available.
35(14) For items included in treatment plans of home health
-191-1agencies under the medical assistance program, that a plan of
2care shall include a physician’s signature and date and that
3the plan of care must be signed and dated by the physician
4before the claim for service is submitted for reimbursement.
5(15) For skilled nursing services provided by a home health
6agency under the medical assistance program, that medical
7documentation shall be submitted justifying the need for
8continued visits, including the physician’s estimate of the
9length of time that additional visits will be necessary, and
10that daily skilled nursing visits or multiple daily visits for
11wound care or insulin injections shall be covered when ordered
12by a physician and included in the plan of care.
13(16) For physical therapy services provided by a home health
14agency under the medical assistance program, that payment shall
15be made for physical therapy services when the services follow
16a treatment plan established by the physician after any needed
17consultation with the qualified physical therapist.
18(17) For occupational therapy services provided by a
19home health agency under the medical assistance program,
20that payment shall be made for occupational therapy services
21when the services follow a treatment plan established by the
22physician.
23(18) For speech therapy services provided by a home health
24agency under the medical assistance program, that payment shall
25be made for speech therapy services when the services follow a
26treatment plan established by the physician.
27(19) For home health aide services provided by a home health
28agency under the medical assistance program, that the service
29as well as the frequency and duration are stated in a written
30plan of treatment established by a physician.
31(20) For home health aide services provided by a home health
32agency under the medical assistance program, that services
33provided for specified durations when ordered by a physician
34and included in a plan of care shall be allowed as intermittent
35services.
-192- 1(21) For home health aide services provided by a home health
2agency under the medical assistance program, that personal
3care services include helping the member take medications
4specifically ordered by a physician.
5(22) For private duty nursing or personal care services for
6persons aged twenty and under, under the medical assistance
7program, that private duty nursing services are those services
8which are provided by a registered nurse or a licensed
9practical nurse under the direction of the member’s physician
10to a member in the member’s place of residence or outside the
11member’s residence, when normal life activities take the member
12outside the place of residence.
13(23) For private duty nursing or personal care services for
14persons aged twenty and under, under the medical assistance
15program, that services shall be provided according to a written
16plan of care authorized by a licensed physician.
17(24) For private duty nursing or personal care services for
18persons aged twenty and under, under the medical assistance
19program, that personal care services are those services
20provided by a home health aide or certified nurse’s aide and
21which are delegated and supervised by a registered nurse under
22the direction of the member’s physician to a member in the
23member’s place of residence or outside the member’s residence,
24when normal life activities take the member outside the place
25of residence, and that these services shall be in accordance
26with the member’s plan of care and authorized by a physician.
27(25) For requirements for private duty nursing or personal
28care services for persons aged twenty and under, under the
29medical assistance program, that private duty nursing or
30personal care services shall be ordered in writing by a
31physician as evidenced by the physician’s signature on the plan
32of care.
33(26) For obtaining prescription medications for children in
34juvenile detention and shelter care homes, that prescription
35medication provided to residents shall be dispensed only from a
-193-1licensed pharmacy in this state in accordance with state law,
2from a licensed pharmacy in another state according to the laws
3of that state, or by a licensed physician.
4(27) For health and dental programs provided by agencies
5providing foster care services, that a child’s physical
6examination shall be performed by a licensed physician or
7licensed nurse practitioner.
8(28) For health and dental programs provided by agencies
9providing foster care services, that if documentation of prior
10immunization is unavailable, immunizations required by the
11department of public health shall begin within thirty days of
12placement, unless contraindicated and unless a statement from
13a physician to that effect is included in the child’s medical
14record, and that a statement from a physician, referring
15agency, parent, or guardian indicating immunizations are
16current is sufficient documentation of immunizations.
17(29) For the dispensing, storage, authorization, and
18recording of medications in child care centers, that all
19medications shall be stored in their original containers, with
20accompanying physician or pharmacist’s directions and label
21intact and stored so they are inaccessible to children and the
22public.
23(30) For an infants’ area in a child care center, that
24upon the recommendation of a child’s physician or the area
25education agency serving the child, a child who is two years
26of age or older with a disability that results in significant
27developmental delays in physical and cognitive functioning who
28does not pose a threat to the safety of the infants may, if
29appropriate and for a limited time approved by the department,
30remain in the infant area.
31(31) For facility requirements for a child development
32home, that the telephone number for each child’s physician
33shall be written on paper and readily accessible by the
34telephone.
35(32) For medications and hazardous materials in a child
-194-1development home, that medications shall be given only with
2the parent’s or doctor’s written authorization, and that each
3prescribed medication shall be accompanied by a physician’s or
4pharmacist’s direction.
5(33) For medical reports regarding the health of a family
6in a family life home, that a medical report shall provide
7significant findings of a physician, such as the presence or
8absence of any communicable disease.
9(34) For medical reexaminations of a family in a family
10life home, that medical reexaminations may be required at the
11discretion of a physician.
12(35) For medical examinations of a client in a family life
13home, that a physician shall certify that the client is free
14from any communicable disease and does not require a higher
15level of care than that provided by a family life home.
16(36) For the records of a client in a family life home,
17that the family shall have available at all times, the name,
18address, and telephone number of the client’s physician.
19(37) For the facility requirements for a child care home,
20that the telephone number for each child’s physician shall be
21written on paper and readily accessible by the telephone.
22(38) For the administration of medications at a child care
23home, that medications shall be given only with the parent’s or
24doctor’s written authorization and each prescribed medication
25shall be accompanied by a physician’s or pharmacist’s
26direction.
27(39) For payments for foster care, that an intellectual
28disabilities professional includes specified professions,
29provided that the professional otherwise meets all of
30the conditions to qualify as an intellectual disabilities
31professional.
32(40) For payments for foster care, that a mental health
33professional includes specified professions, provided that the
34professional otherwise meets all of the conditions to qualify
35as a mental health professional.
-195- 1(41) For the subsidized adoption program, that a qualified
2intellectual disability professional includes specified
3professions, provided that the professional otherwise meets
4all of the conditions to qualify as a qualified intellectual
5disability professional.
6(42) For the subsidized adoption program, that a qualified
7mental health professional includes specified professions,
8provided that the professional otherwise meets all of
9the conditions to qualify as a qualified mental health
10professional.
11(43) For the information provided to a foster care provider
12by a department worker at the time of placement, that the
13information shall include the names, addresses, and telephone
14numbers of the child’s physician and dentist.
15(44) A written order from a physician for an older
16individual requesting a therapeutic diet, and the
17interpretation of such orders.
18(45) That “impaired glucose tolerance”, for purposes of
19outpatient diabetes education programs, means a condition in
20which blood glucose levels are higher than normal, diagnosed by
21a physician, and treated with a food plan, exercise, or weight
22control.
23(46) For instructors for programs not recognized by the
24American diabetes association or accredited by the American
25association of diabetes educators, that the primary instructors
26shall be one or more of specified health care professionals who
27are knowledgeable about the disease process of diabetes and the
28treatment of diabetes.
29(47) For the written form for participation in the
30prescription drug donation repository program, that the form
31shall include the name and telephone number of the responsible
32pharmacist, physician, or nurse practitioner who is employed
33by or under contract with the pharmacy or medical facility,
34and shall also include a statement, signed and dated by the
35responsible pharmacist, physician, or nurse practitioner,
-196-1indicating that the pharmacy or medical facility meets the
2eligibility requirements and shall comply with the requirements
3established by rule.
4(48) For the dispensing of donated prescription drugs and
5supplies, that donated drugs and supplies may be dispensed
6only if the drugs or supplies are prescribed by a health
7care practitioner for use by an eligible individual and
8are dispensed by a licensed pharmacist, physician, or nurse
9practitioner.
10g. f. The department of inspections and appeals, with
11respect to rules relating to the following:
12(1) For the qualifications of an attending physician at a
13hospice, that the person shall have an active Iowa license to
14practice medicine.
15(2) For residential care facilities for persons with
16intellectual disabilities, that a qualified intellectual
17disability professional includes specified professions,
18provided that the professional otherwise meets all of the
19conditions to qualify as a qualified intellectual disability
20professional.
21(3) For nursing facilities, that a qualified intellectual
22disabilities professional includes specified professions,
23provided that the professional otherwise meets all of the
24conditions to qualify as a qualified intellectual disabilities
25professional.
26(4) For intermediate care facilities for persons with
27mental illness, that a qualified mental health professional
28includes specified professions, provided that the professional
29otherwise meets all of the conditions to qualify as a qualified
30mental health professional.
31(5) For notifications submitted to the department from
32a subacute mental health care facility in the event of an
33accident causing a major injury, including as a major injury an
34injury which requires consultation with the attending physician
35or designee of the physician or advanced registered nurse
-197-1practitioner who determines that an injury is a major injury.
2h. g. The racing and gaming commission, with respect to
3rules relating to the following:
4(1) For the grounds for denial, suspension, or revocation
5of an occupational or vendor license, that a license shall be
6denied if the applicant has a history of mental illness without
7demonstrating successful treatment by a licensed medical
8physician.
9(2) For the qualifications for jockeys, that a jockey shall
10pass a physical examination by a licensed physician affirming
11fitness to participate as a jockey.
12(3) For the regulation of licensees in restricted areas of
13a racing facility, that licensees whose duties require them to
14be in a restricted area of a racing facility shall not have
15present within their systems any controlled substance as listed
16in schedules I to V of U.S.C. Tit.21 (Food and Drug Section
17812), chapter 124, or any prescription drug unless it was
18obtained directly or pursuant to valid prescription or order
19from a duly licensed physician who is acting in the course of
20professional practice.
21i. h. The Iowa law enforcement academy, with respect to
22rules relating to the following:
23(1) For the minimum standards for law enforcement officers,
24that an officer is examined by a licensed physician or surgeon.
25(2) For hiring standards must be reverified if an individual
26is not hired by an Iowa law enforcement agency during a
27specified period of time following completion of the course
28of study, that the individual must be examined by a licensed
29physician or surgeon.
30(3) For the selection or appointment of reserve peace
31officers, that the person shall be examined by a licensed
32physician or surgeon.
33j. i. The natural resource commission, with respect to
34rules relating to the following:
35(1) That the grounds for revoking or suspending an
-198-1instructor license include participation in a course while
2ingesting prescription medication in a manner contrary to the
3dosing directions given by the prescribing physician.
4(2) For applications for use of a crossbow for deer and
5turkey hunting by handicapped individuals, that an application
6must include a statement signed by the applicant’s physician
7declaring that the individual is not physically capable of
8shooting a bow and arrow.
9(3) For authorization for the use of a crossbow for deer
10and turkey hunting by handicapped individuals, that if a
11conservation officer has probable cause to believe the person’s
12handicapped status has improved, making it possible for the
13person to shoot a bow and arrow, the department of natural
14resources may, upon the officer’s request, require the person
15to obtain in writing a current physician’s statement.
16(4) For licenses for nonresidents to participate in a
17special deer hunting season for severely disabled persons,
18that a nonresident applying for the license must have on file
19with the department of natural resources either a copy of a
20disabilities parking permit issued by a state department of
21transportation or an Iowa department of natural resources form
22signed by a physician that verifies their disability.
23k. The Iowa department of public health, with respect to
24rules relating to the following:
25(1) That “impaired glucose tolerance”, for purposes of
26outpatient diabetes education programs, means a condition in
27which blood glucose levels are higher than normal, diagnosed by
28a physician, and treated with a food plan, exercise, or weight
29control.
30(2) For instructors for programs not recognized by the
31American diabetes association or accredited by the American
32association of diabetes educators, that the primary instructors
33shall be one or more of specified health care professionals who
34are knowledgeable about the disease process of diabetes and the
35treatment of diabetes.
-199- 1(3) For the written form for participation in the
2prescription drug donation repository program, that the form
3shall include the name and telephone number of the responsible
4pharmacist, physician, or nurse practitioner who is employed
5by or under contract with the pharmacy or medical facility,
6and shall also include a statement, signed and dated by the
7responsible pharmacist, physician, or nurse practitioner,
8indicating that the pharmacy or medical facility meets the
9eligibility requirements and shall comply with the requirements
10established by rule.
11(4) For the dispensing of donated prescription drugs and
12supplies, that donated drugs and supplies may be dispensed
13only if the drugs or supplies are prescribed by a health
14care practitioner for use by an eligible individual and
15are dispensed by a licensed pharmacist, physician, or nurse
16practitioner.
17l. j. The department of public safety, with respect to
18rules relating to permits to carry weapons, that a person who
19is an unlawful user of or addicted to any controlled substance
20includes any person who is a current user of a controlled
21substance in a manner other than as prescribed by a licensed
22physician.
23m. k. The department of transportation, with respect
24to rules relating to exemptions from motor vehicle window
25transparency requirements, that a motor vehicle fitted with
26a front windshield, a front side window, or a front sidewing
27with less than seventy percent but not less than thirty-five
28percent light transmittance before July 4, 2012, may continue
29to be maintained and operated with a front windshield, a front
30side window, or a front sidewing with less than seventy percent
31but not less than thirty-five percent light transmittance on or
32after July 4, 2012, so long as the vehicle continues to be used
33for the transport of a passenger or operator who documented in
34the manner specified by the department a medical need for such
35reduced transparency, which document was signed by the person’s
-200-1physician before July 4, 2012.
2n. l. The Iowa department of veterans affairs, with respect
3to rules relating to expenses relating to the purchase of
4durable equipment or services, that individuals requesting
5reimbursement who need durable equipment as a medical necessity
6should provide information from a physician.
7o. m. The department of workforce development, with respect
8to rules relating to the following:
9(1) That a voluntary quit shall be presumed to be without
10good cause attributable to the employer for purposes of
11unemployment compensation if a claimant left employment because
12of illness or injury which was not caused or aggravated by the
13employment or pregnancy and failed to obtain the advice of a
14licensed and practicing physician, obtain certification of
15release for work from a licensed and practicing physician, or
16return to the employer and offer services upon recovery and
17certification for work by a licensed and practicing physician.
18(2) That for purposes of unemployment compensation, it is
19a reason for a claimant leaving employment with good cause
20attributable to the employer if the claimant left employment
21because of illness, injury, or pregnancy upon the advice of
22a licensed and practicing physician, and upon recovery, when
23recovery was certified by a licensed and practicing physician,
24the claimant returned and offered to perform services to the
25employer, but no suitable, comparable work was available.
26(3) That for purposes of unemployment compensation it is
27a reason for a claimant leaving employment with good cause
28attributable to the employer if the claimant left employment
29upon the advice of a licensed and practicing physician for the
30sole purpose of taking a family member to a place having a
31different climate and subsequently returned to the claimant’s
32regular employer and offered to perform services, but the
33claimant’s regular or comparable work was not available.
34p. n. The labor services division of the department of
35workforce development, with respect to rules relating to the
-201-1following:
2(1) For the disclosure of a trade secret relating to a
3hazardous chemical during a medical emergency, that where a
4treating physician or nurse determines that a medical emergency
5exists and the specific chemical identity of a hazardous
6chemical is necessary for emergency or first-aid treatment, the
7chemical manufacturer, importer, or employer shall immediately
8disclose the specific chemical identity of a trade secret
9chemical to that treating physician or nurse, regardless of the
10existence of a written statement of need or a confidentiality
11agreement.
12(2) For the disclosure of a trade secret relating to
13a hazardous chemical in a nonemergency situation, that in
14nonemergency situations, a chemical manufacturer, importer,
15or employer shall, upon request, disclose a specific chemical
16identity, otherwise permitted to be withheld by rule, to a
17specified health professional providing medical or other
18occupational health services to exposed employees or designated
19representatives in specified circumstances.
20(3) For applications for a license to practice asbestos
21removal, that except as noted in rule, only worker and
22contractor/supervisor license applicants must submit the
23respiratory protection and physician’s certification forms.
24(4) For documentation held by persons licensed for asbestos
25abatement in an area that is subject to a disaster emergency
26proclamation, that the labor commissioner deems an individual
27contractor, supervisor, or worker to be licensed and authorized
28for asbestos abatement if the individual, in addition to other
29specified conditions, makes immediately available on the
30work site a copy of a physician’s statement indicating that,
31consistent with federal law, a licensed physician has examined
32the individual within the past twelve months and approved the
33individual to work while wearing a respirator.
34(5) That the contents of an application for an event
35license for a covered athletic event other than a professional
-202-1wrestling event shall contain, along with other requirements,
2a copy of the medical license of the ringside physician and
3the date, time, and location of the ringside physician’s
4examination of the contestants.
5(6) For the responsibilities of the promoter of an athletic
6event, that the promoter submit test results to the ringside
7physician no later than at the time of the physical showing
8that each contestant scheduled for the event tested negative
9for the human immunodeficiency, hepatitis B, and hepatitis C
10viruses within the one-year period prior to the event, and that
11the contestant shall not participate and the physician shall
12notify the promoter that the contestant is prohibited from
13participating for medical reasons if specified circumstances
14occur.
15(7) For injuries during a professional boxing match, that if
16a contestant claims to be injured during the bout, the referee
17shall stop the bout and request the attending physician to make
18an examination. If the physician decides that the contestant
19has been injured as the result of a foul, the physician shall
20advise the referee of the injury. If the physician is of the
21opinion that the injured contestant may be able to continue,
22the physician shall order an intermission, after which the
23physician shall make another examination and again advise
24the referee of the injured contestant’s condition. It shall
25be the duty of the promoter to have an approved physician in
26attendance during the entire duration of all bouts.
27(8) For persons allowed in a ring during a professional
28boxing match, that no person other than the contestants and the
29referee shall enter the ring during the bout, excepting the
30seconds between the rounds or the attending physician if asked
31by the referee to examine an injury to a contestant.
32(9) For the weighing of contestants in a professional boxing
33match, that contestants shall be weighed and examined on the
34day of the scheduled match by the attending ring physician at a
35time and place to be determined by the commissioner.
-203- 1(10) For attending ring physicians during a professional
2boxing match, that when a boxer has been injured seriously,
3knocked out, or technically knocked out, the referee shall
4immediately summon the attending ring physician to aid the
5stricken boxer, and that managers, handlers, and seconds shall
6not attend to the stricken boxer, except at the request of the
7physician.
8(11) For the keeping of time during a professional boxing
9match, 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(12) For the suspension of contestants during a
13professional boxing match that is an elimination tournament,
14that a contestant who for specified reasons is not permitted
15to box in the state for a period of time shall be examined by a
16physician approved by the commissioner before being permitted
17to fight again.
18(13) For the designation of officials for professional
19kickboxing, that the designation of physicians is subject to
20the approval of the commissioner or designee.
21(14) For officials for a mixed martial arts event, that
22officials shall include a physician.
23(15) For the keeping of time for a mixed martial arts
24event, that the timekeeper shall keep an exact record of time
25taken out at the request of a referee for an examination of a
26contestant by the physician.
27(16) For persons allowed in the cage during a mixed martial
28arts event, that a physician may enter the cage to examine a
29contestant upon the request of the referee.
30(17) For the decorum of persons involved in a mixed martial
31arts event, that a contestant is exempt from prohibitions on
32specified conduct while interacting with the contestant’s
33opponent during a round, but if the round is stopped by the
34physician or referee for a time out, the prohibitions shall
35apply to the contestant.
-204- 1(18) For the examination of contestants in a mixed martial
2arts event, that on the day of the event, at a time and place
3to be approved by the commissioner, the ringside physician
4shall conduct a rigorous physical examination to determine the
5contestant’s fitness to participate in a mixed martial arts
6match, and that a contestant deemed not fit by the physician
7shall not participate in the event.
8(19) For injuries during a mixed martial arts event, that if
9a contestant claims to be injured or when a contestant has been
10injured seriously or knocked out, the referee shall immediately
11stop the fight and summon the attending ring physician to make
12an examination of the stricken fighter. If the physician
13decides that the contestant has been injured, the physician
14shall advise the referee of the severity of the injury. If
15the physician is of the opinion the injured contestant may be
16able to continue, the physician shall order an intermission,
17after which the physician shall make another examination and
18again advise the referee of the injured contestant’s condition.
19Managers, handlers, and seconds shall not attend to the
20stricken fighter, except at the request of the physician.
212. This section shall not be construed to expand, diminish,
22or otherwise modify the scope of practice of any profession
23licensed under this subtitle.
243. The rulemaking requirements provided in this section
25shall not be construed to prohibit the agencies listed in
26subsection 1 from engaging in further rulemaking not in
27conflict with this section or state or federal law relating to
28the subject matter of this section or to otherwise diminish the
29authority to engage in rulemaking provided to those agencies by
30any other statute.
31 Sec. 265. Section 147A.1, subsections 1 and 2, Code 2023,
32are amended to read as follows:
331. “Department” means the Iowa department of public health
34and human services.
352. “Director” means the director of the Iowa department of
-205-1public health and human services.
2 Sec. 266. Section 147A.21, subsections 2 and 3, Code 2023,
3are amended to read as follows:
42. “Department” means the Iowa department of public health
5and human services.
63. “Director” means the director of public health and human
7services.
8 Sec. 267. Section 147A.24, subsection 1, paragraph d, Code
92023, is amended to read as follows:
10d. Department of public health and human services.
11 Sec. 268. Section 147C.1, subsection 2, paragraph c, Code
122023, is amended to read as follows:
13c. “Alternative program” means a nondisciplinary monitoring
14or practice remediation process approved by a physical therapy
15licensing board. This includes but is not limited to substance
16abuse use disorder issues.
17 Sec. 269. Section 147D.1, subsection 2, paragraph c, Code
182023, is amended to read as follows:
19c. “Alternative program” means a voluntary, nondisciplinary
20substance abuse use disorder recovery program approved by a
21state emergency medical services authority.
22 Sec. 270. Section 147E.1, subsection 2, paragraph k, Code
232023, is amended to read as follows:
24k. “Impaired practitioner” means individuals whose
25professional practice is adversely affected by substance abuse
26 use disorder, addiction, or other health-related conditions.
27 Sec. 271. Section 147F.1, subsection 2, paragraph n, Code
282023, is amended to read as follows:
29n. “Impaired practitioner” means an individual whose
30professional practice is adversely affected by substance abuse
31 use disorder, addiction, or other health-related conditions.
32 Sec. 272. Section 152.5A, Code 2023, is amended to read as
33follows:
34152.5A Student record checks.
351. For the purposes of this section:
-206- 1a. “Comprehensive preliminary background check” means the
2same as defined in section 135C.1.
3b. “Nursing program” means a nursing program that is
4approved by the board pursuant to section 152.5.
5c. “Record check evaluation system” means the same as
6defined in section 135C.1.
7c. d. “Student” means a person applying for, enrolled in,
8or returning to the clinical education component of a nursing
9program.
102. Prior to a student beginning or returning to a nursing
11program, the nursing program shall do one of the following in
12substantial conformance with the provisions of section 135C.33:
13a. Request that the department of public safety perform a
14criminal history check and the record check evaluation system
15of the department of health and human services perform child
16and dependent adult abuse record checks of the student in this
17state.
18b. Access the single contact repository to perform the
19required record checks.
203. a. If a program accesses the single contact repository
21to perform the required record checks pursuant to subsection
222, the program may utilize a third-party vendor to perform
23a comprehensive preliminary background check to allow a
24student to provisionally participate in the clinical education
25component of the nursing program pending completion of the
26required record checks through the single contact repository
27and the evaluation by the department of human services record
28check evaluation system, as applicable, subject to all of the
29following:
30(1) If the comprehensive preliminary background check
31determines that the student being considered for provisional
32participation has been convicted of a crime, but the crime does
33not constitute a felony as defined in section 701.7 and is not
34a crime specified pursuant to chapter 708, 708A, 709, 709A,
35710, 710A, 711, or 712, or pursuant to section 726.3, 726.27,
-207-1or 726.28.
2(2) If the comprehensive preliminary background check
3determines the student being considered for provisional
4participation does not have a record of founded child abuse or
5dependent adult abuse, or if an exception pursuant to section
6135C.33, subsection 4, is applicable to the student.
7(3) If the program has requested an evaluation in accordance
8with section 135C.33, subsection 2, paragraph “a”, to determine
9whether the crime warrants prohibition of the student’s
10provisional participation.
11b. The provisional participation under this subsection
123 may continue until such time as the required record checks
13through the single contact repository and the evaluation by the
14department of human services record check evaluation system,
15as applicable, are completed.
164. If a student has a criminal record or a record of
17founded child or dependent adult abuse, upon request of the
18nursing program, the department of human services record check
19evaluation system shall perform an evaluation to determine
20whether the record warrants prohibition of the student’s
21involvement in a clinical education component of a nursing
22program involving children or dependent adults. The department
23of human services record check evaluation system shall utilize
24the criteria provided in section 135C.33 in performing the
25evaluation and shall report the results of the evaluation to
26the nursing program. The department of human services record
27check evaluation system has final authority in determining
28whether prohibition of the student’s involvement in a clinical
29education component is warranted.
30 Sec. 273. Section 154D.4, subsection 2, paragraph c, Code
312023, is amended to read as follows:
32c. The provision of children, family, or mental health
33services through the department of health and human services
34or juvenile court, or agencies contracting with the department
35of health and human services or juvenile court, by persons who
-208-1do not represent themselves to be either a marital and family
2therapist or a mental health counselor.
3 Sec. 274. Section 155A.46, subsection 1, paragraph a,
4unnumbered paragraph 1, Code 2023, is amended to read as
5follows:
6A pharmacist may, pursuant to statewide protocols developed
7by the board in consultation with the department of public
8 health and human services and consistent with subsection 2,
9order and administer the following to patients ages eighteen
10years and older:
11 Sec. 275. Section 155A.46, subsection 1, paragraph b,
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 months
18and older:
19 Sec. 276. Section 155A.46, subsection 1, paragraph c, Code
202023, is amended to read as follows:
21c. A pharmacist may, pursuant to statewide protocols
22developed by the board in consultation with the department of
23public health and human services and consistent with subsection
242, order and administer the final two doses in a course of
25vaccinations for HPV to patients ages eleven years and older.
26 Sec. 277. Section 155A.46, subsection 1, paragraph e,
27unnumbered paragraph 1, Code 2023, is amended to read as
28follows:
29A pharmacist may, pursuant to statewide protocols developed
30by the board in consultation with the department of public
31 health and human services and consistent with subsection 2,
32order and administer the following to patients ages six years
33and older:
34 Sec. 278. Section 158.2, subsection 8, Code 2023, is amended
35to read as follows:
-209- 18. Persons committed pursuant to chapter 229A to the custody
2of the director of the department of health and human services
3in the unit for sexually violent predators who cut the hair or
4trim or shave the beard of any other person within the unit,
5without receiving direct compensation from the person receiving
6the service.
7 Sec. 279. Section 158.3, subsection 1, paragraph d, Code
82023, is amended to read as follows:
9d. Presents a certificate, or satisfactory evidence, to the
10department that the applicant has successfully completed tenth
11grade, or the equivalent. The provisions of this subsection
12shall not apply to students enrolled in a barber school
13maintained at an institution under the control of a director of
14a division of the department of health and human services.
15 Sec. 280. Section 163.3A, subsection 2, Code 2023, is
16amended to read as follows:
172. The services shall be performed under the direction of
18the department and may be part of measures authorized by the
19governor under a declaration or proclamation issued pursuant
20to chapter 29C. In such case, the department shall cooperate
21with the Iowa department of public health and human services
22 under chapter 135, and the department of homeland security and
23emergency management, and local emergency management agencies
24as provided in chapter 29C.
25 Sec. 281. Section 190B.102, subsection 3, Code 2023, is
26amended to read as follows:
273. The department of agriculture and land stewardship, the
28department of public health, the department of health and human
29services, and the department of inspections and appeals shall
30cooperate with the department of revenue to administer this
31subchapter.
32 Sec. 282. Section 204.7, subsection 8, paragraph a,
33subparagraph (3), Code 2023, is amended to read as follows:
34(3) The consumable hemp product complies with packaging
35and labeling requirements, which shall be established by the
-210-1department of inspections health and appeals human services by
2rule.
3 Sec. 283. Section 204.7, subsection 8, paragraphs b and c,
4Code 2023, are amended to read as follows:
5b. A person manufacturing a consumable hemp product in
6this state shall register with the department of inspections
7 health and appeals human services on a form prescribed by
8the department of inspections health and appeals human
9services by rule. 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
15of a registration issued to a manufacturer who manufactures a
16consumable hemp product not in compliance with this chapter.
17c. A person selling a consumable hemp product in this state
18shall register with the department of inspections health and
19appeals human services on a form prescribed by the department
20of inspections health and appeals human services by rule and
21shall keep on the premises of the person’s business a copy
22of the certificate of analysis issued pursuant to section
23204.8 for the hemp contained in the consumable hemp products
24sold by the person. The department of inspections health and
25appeals human services may impose a fee, established by the
26department of inspections health and appeals human services
27 by rule, on a registrant not to exceed the cost of processing
28the registration. The department of inspections health and
29appeals human services shall adopt rules for the revocation of
30a registration issued to a person who sells a consumable hemp
31product not in compliance with this section.
32 Sec. 284. Section 206.2, subsection 17, paragraph c, Code
332023, is amended to read as follows:
34c. To which reference is made on the label or in
35literature accompanying the pesticide or device, except when
-211-1accurate, nonmisleading reference is made to current official
2publications of the United States department of agriculture or
3interior, the United States public health service, the state
4agricultural experiment stations, the Iowa state university,
5the Iowa department of public health and human services, the
6department of natural resources, or other similar federal
7institutions or official agencies of this state or other
8states authorized by law to conduct research in the field of
9pesticides.
10 Sec. 285. Section 216.6, subsection 1, paragraph d, Code
112023, is amended to read as follows:
12d. Person to solicit or require as a condition of employment
13of any employee or prospective employee a test for the presence
14of the antibody to the human immunodeficiency virus or to
15affect the terms, conditions, or privileges of employment or
16terminate the employment of any employee solely as a result
17of the employee obtaining a test for the presence of the
18antibody to the human immunodeficiency virus. An agreement
19between an employer, employment agency, labor organization,
20or their employees, agents, or members and an employee or
21prospective employee concerning employment, pay, or benefits to
22an employee or prospective employee in return for taking a test
23for the presence of the antibody to the human immunodeficiency
24virus, is prohibited. The prohibitions of this paragraph
25do not apply if the state epidemiologist determines and the
26director of public health and human services declares through
27the utilization of guidelines established by the center for
28disease control of the United States department of health and
29human services, that a person with a condition related to
30acquired immune deficiency syndrome poses a significant risk
31of transmission of the human immunodeficiency virus to other
32persons in a specific occupation.
33 Sec. 286. Section 216A.1, Code 2023, is amended to read as
34follows:
35216A.1 Department of health and human services — human
-212-1rights — purpose.
21. A The department of health and human rights is created,
3with the following divisions and offices services shall be
4responsible for all of the following:
5a. Division of community Community advocacy and services,
6with the following offices:
7(1) Office of Latino affairs.
8(2) Office on the status of women.
9(3) Office of persons with disabilities.
10(4) Office of deaf services.
11(5) Office on the status of African Americans.
12(6) Office of Asian and Pacific Islander affairs.
13(7) Office of Native American affairs.
14b. Division of community Community action agencies.
15c. Division of criminal Criminal and juvenile justice
16planning.
172. The purpose of the department under this chapter and as
18otherwise provided by law is to ensure basic rights, freedoms,
19and opportunities for all by empowering underrepresented Iowans
20and eliminating economic, social, and cultural barriers.
213. The department shall implement the comprehensive
22strategic plan approved by the board under section 216A.3 and
23shall issue an annual report to the governor and the general
24assembly no later than November 1 of each year concerning the
25operations of the department relating to responsibilities for
26human rights.
27 Sec. 287. Section 216A.3, Code 2023, is amended to read as
28follows:
29216A.3 Human rights board.
301. A human rights board is created within the department of
31human rights.
322. The board shall consist of sixteen members, including
33eleven voting members and five nonvoting members and determined
34as follows:
35a. The voting members shall consist of nine voting members
-213-1selected by each of the permanent commissions within the
2department, and two voting members, appointed by the governor.
3For purposes of this paragraph “a”, “permanent commissions”
4means the commission of Latino affairs, commission on the
5status of women, commission of persons with disabilities,
6commission on community action agencies, commission of deaf
7services, justice advisory board, commission on the status of
8African Americans, commission of Asian and Pacific Islander
9affairs, and commission of Native American affairs. The term
10of office for voting members is four years.
11b. The nonvoting members shall consist of the department
12director, two state representatives, one appointed by the
13speaker of the house of representatives and one by the minority
14leader of the house of representatives, and two state senators,
15one appointed by the majority leader of the senate and one by
16the minority leader of the senate.
173. A majority of the voting members of the board shall
18constitute a quorum, and the affirmative vote of two-thirds of
19the voting members present is necessary for any substantive
20action taken by the board. The board shall select a
21chairperson from the voting members of the board. The board
22shall meet not less than four times a year.
234. The board shall have the following duties:
24a. Develop develop and monitor implementation of
25a comprehensive strategic plan to remove barriers for
26underrepresented populations and, in doing so, to increase
27Iowa’s productivity and inclusivity, including performance
28measures and benchmarks.
29b. Approve, disapprove, amend, or modify the budget
30recommended by the department director for the operation of
31the department, subject to the budget requirements pursuant to
32chapter 8.
33c. Adopt administrative rules pursuant to chapter 17A,
34upon the recommendation of the department director, for the
35operation of the department.
-214- 1d. By November 1 of each year, approve the department report
2to the general assembly and the governor that covers activities
3during the preceding fiscal year.
4 Sec. 288. Section 216A.4, subsections 2 and 3, Code 2023,
5are amended to read as follows:
62. “Department” means the department of health and human
7rights services.
83. “Department director” “Director” means the director of
9the department of health and human rights services.
10 Sec. 289. Section 216A.6, subsection 2, paragraph d, Code
112023, is amended to read as follows:
12d. Department, or division, or office evaluations of
13information about a person seeking or receiving advocacy
14services.
15 Sec. 290. Section 216A.7, Code 2023, is amended to read as
16follows:
17216A.7 Access to information.
18Upon request of the director, or an office, a commission,
19or a council, or administrator of a division of the department
20 created under this chapter, all boards, agencies, departments,
21and offices of the state shall make available nonconfidential
22information, records, data, and statistics which are relevant
23to the populations or groups served by the offices, councils,
24and commissions of the department.
25 Sec. 291. Section 216A.11, subsection 2, Code 2023, is
26amended to read as follows:
272. “Office” means the office of Latino affairs of the
28department of human rights.
29 Sec. 292. Section 216A.13, subsection 2, Code 2023, is
30amended to read as follows:
312. Serve as liaison between the department of human rights
32 and the public, sharing information and gathering constituency
33input.
34 Sec. 293. Section 216A.15, subsection 4, Code 2023, is
35amended to read as follows:
-215- 14. Recommend to the department director policies and
2programs for the office.
3 Sec. 294. Section 216A.51, subsection 2, Code 2023, is
4amended to read as follows:
52. “Office” means the office on the status of women of the
6department of human rights.
7 Sec. 295. Section 216A.71, subsection 2, Code 2023, is
8amended to read as follows:
92. “Office” means the office of persons with disabilities of
10the department of human rights.
11 Sec. 296. Section 216A.91, Code 2023, is amended to read as
12follows:
13216A.91 Definitions.
14For purposes of this subchapter, unless the context
15otherwise requires:
161. “Administrator” means the administrator of the division
17of community action agencies of the department of human rights.
182. 1. “Commission” means the commission on community action
19agencies.
203. 2. “Community action agency” means a public agency
21or a private nonprofit agency which is authorized under its
22charter or bylaws to receive funds to administer community
23action programs and is designated by the governor to receive
24and administer the funds.
254. 3. “Community action program” means a program conducted
26by a community action agency which includes projects to provide
27a range of services to improve the conditions of poverty in the
28area served by the community action agency.
295. “Delegate agency” means a subgrantee or contractor
30selected by the community action agency.
316. “Division” means the division of community action
32agencies of the department of human rights.
33 Sec. 297. Section 216A.92, Code 2023, is amended to read as
34follows:
35216A.92 Division of community Community action agencies.
-216- 11. The division of community action agencies is
2established. The purpose of the division of community action
3agencies is to The department shall strengthen, supplement,
4and coordinate efforts to develop the full potential of each
5citizen by recognizing certain community action agencies and
6supporting certain community-based programs delivered by
7community action agencies.
82. The division department shall do all of the following:
9a. Provide financial assistance for community action
10agencies to implement community action programs, as permitted
11by the community service block grant and subject to the funding
12made available for the program.
13b. Administer the community services block grant, the
14low-income energy assistance block grants, department of energy
15funds for weatherization, and other possible funding sources.
16If a political subdivision is the community action agency,
17the financial assistance shall be allocated to the political
18subdivision.
19c. Implement accountability measures for its programs and
20require regular reporting on the measures by the community
21action agencies.
22d. Issue an annual report to the governor and general
23assembly by July 1 of each year.
24 Sec. 298. Section 216A.92B, subsections 1 and 3, Code 2023,
25are amended to read as follows:
261. Recommend to the board the adoption of rules pursuant
27to chapter 17A as it deems necessary for the commission and
28division department.
293. Serve as liaisons between the division department and the
30public, sharing information and gathering constituency input.
31 Sec. 299. Section 216A.93, Code 2023, is amended to read as
32follows:
33216A.93 Establishment of community action agencies.
34The division department shall recognize and assist in the
35designation of certain community action agencies to assist in
-217-1the delivery of community action programs. These programs
2shall include but not be limited to outreach, community
3services block grant, low-income energy assistance, and
4weatherization programs. If a community action agency is in
5effect and currently serving an area, that community action
6agency shall become the designated community action agency
7for that area. If any geographic area of the state ceases
8to be served by a designated community action agency, the
9division department may solicit applications and assist the
10governor in designating a community action agency for that
11area in accordance with current community services block grant
12requirements.
13 Sec. 300. Section 216A.98, Code 2023, is amended to read as
14follows:
15216A.98 Audit.
16Each community action agency shall be audited annually but
17shall not be required to obtain a duplicate audit to meet the
18requirements of this section. In lieu of an audit by the
19auditor of state, the community action agency may contract with
20or employ a certified public accountant to conduct the audit,
21pursuant to the applicable terms and conditions prescribed by
22sections 11.6, 11.14, and 11.19 and an audit format prescribed
23by the auditor of state. Copies of each audit shall be
24furnished to the division department in a manner prescribed by
25the division department.
26 Sec. 301. Section 216A.99, subsection 1, Code 2023, is
27amended to read as follows:
281. The administrator department shall provide financial
29assistance for community action agencies to implement community
30action programs, as permitted by the community service block
31grant, administer the low-income energy assistance block
32grants, department of energy funds for weatherization received
33in Iowa, and other possible funding sources.
34 Sec. 302. Section 216A.102, subsection 3, Code 2023, is
35amended to read as follows:
-218- 13. Under rules developed adopted by the division of
2community action agencies of the department of human rights
3and adopted by the board, the fund may be used to negotiate
4reconnection of essential utility services with the energy
5provider.
6 Sec. 303. Section 216A.104, subsection 1, Code 2023, is
7amended to read as follows:
81. The general assembly finds that provision of assistance
9to prevent utility disconnections will also prevent the
10development of public health risks due to such disconnections.
11The division department shall establish an energy utility
12assessment and resolution program administered by each
13community action agency for persons with low incomes who have
14or need a deferred payment agreement or are in need of an
15emergency fuel delivery to address home energy utility costs.
16 Sec. 304. Section 216A.104, subsection 2, paragraphs b and
17f, Code 2023, are amended to read as follows:
18b. The person is a residential customer of an energy utility
19approved for the program by the division department.
20f. The person complies with other eligibility requirements
21adopted in rules by the division department.
22 Sec. 305. Section 216A.107, subsection 1, Code 2023, is
23amended to read as follows:
241. A family development and self-sufficiency council is
25established within the department of human rights. The council
26shall consist of the following persons:
27a. The director of the department of human services or the
28director’s designee.
29b. The director of the department of public health or the
30director’s designee.
31c. The administrator of the division of community
32action agencies of the department of human rights or the
33administrator’s designee.
34d. b. The director of the school of social work at the
35university of Iowa or the director’s designee.
-219- 1e. c. The dean of the college of human sciences at Iowa
2state university or the dean’s designee.
3f. d. Two recipients or former recipients of the family
4investment program, selected by the other members of the
5council.
6g. e. One recipient or former recipient of the family
7investment program who is a member of a racial or ethnic
8minority, selected by the other members of the council.
9h. f. One member representing providers of services to
10victims of domestic violence, selected by the other members of
11the council.
12i. g. The head of the department of design, textiles,
13gerontology, and family studies at the university of northern
14Iowa or that person’s designee.
15j. h. The director of the department of education or the
16director’s designee.
17k. i. The director of the department of workforce
18development or the director’s designee.
19l. j. Two persons representing the business community,
20selected by the other members of the council.
21m. k. Two members from each chamber of the general
22assembly serving as ex officio, nonvoting members. The two
23members of the senate shall be appointed one each by the
24majority leader and the minority leader of the senate. The two
25members of the house of representatives shall be appointed one
26each by the speaker and the minority leader of the house of
27representatives.
28 Sec. 306. Section 216A.107, subsection 3, paragraph c,
29subparagraphs (1) and (3), Code 2023, are amended to read as
30follows:
31(1) Designation of families to be served that meet one or
32more criteria for being at risk of dependency on the family
33investment program or of family instability, and agreement
34to serve clients that are referred by the department of
35human services from the family investment program which
-220-1meet the criteria. The criteria may include but are not
2limited to factors such as educational level, work history,
3family structure, age of the youngest child in the family,
4previous length of stay on the family investment program, and
5participation in the family investment program or the foster
6care program while the head of a household was a child. Grant
7proposals shall also establish the number of families to be
8served under the grant.
9(3) Designation of the manner in which other needs of the
10families will be provided for, including but not limited to
11child care assistance, transportation, substance abuse use
12disorder treatment, support group counseling, food, clothing,
13and housing.
14 Sec. 307. Section 216A.107, subsection 4, Code 2023, is
15amended to read as follows:
164. a. The division department shall administer the family
17development and self-sufficiency grant program. The department
18of human services shall disclose to the division confidential
19information pertaining to individuals receiving services under
20the grant program, as authorized under section 217.30. The
21division and the department of human services shall share
22information and data necessary for tracking performance
23measures of the family development and self-sufficiency grant
24program, for referring families participating in the promoting
25independence and self-sufficiency through employment job
26opportunities and basic skills (PROMISE JOBS) program under
27section 239B.17 and related activities and programs to the
28grant program, and for meeting federal reporting requirements.
29The division and the department of human services may by mutual
30agreement, as specified in the memorandum of agreement entered
31into in accordance with paragraph “b”, add to or delete from
32the initial shared information items listed in this lettered
33paragraph. The initial shared information shall include but is
34not limited to all of the following:
35(1) Family enrollments and exits to and from each of the
-221-1programs.
2(2) Monthly reports of individual participant activity in
3PROMISE JOBS components that are countable work activities
4according to federal guidelines applicable to those components.
5(3) Aggregate grant program participant activity in all
6PROMISE JOBS program components.
7(4) Work participation rates for grant program participants
8who were active family investment program participants.
9(5) The average hourly wage of grant program participants
10who left the family investment program.
11(6) The percentage of grant program participants who exited
12from the grant program at or after the time family investment
13program participation ended and did not reenroll in the family
14investment program for at least one year.
15b. The division shall develop a memorandum of agreement
16with the department of human services to share outcome data and
17coordinate referrals and delivery of services to participants
18in the family investment program under chapter 239B and the
19grant program and other shared clients and shall provide the
20department of human services with information necessary for
21compliance with federal temporary assistance for needy families
22block grant state plan and reporting requirements, including
23but not limited to financial and data reports.
24c. b. To the extent that the family development and
25self-sufficiency grant program is funded by the federal
26temporary assistance for needy families block grant and by the
27state maintenance of efforts funds appropriated in connection
28with the block grant, the division department shall comply with
29all federal requirements for the block grant. The division
30 department is responsible for payment of any federal penalty
31imposed that is attributable to the grant program and shall
32receive any federal bonus payment attributable to the grant
33program.
34d. c. The division department shall ensure that
35expenditures of moneys appropriated to the department of human
-222-1services from the general fund of the state for the family
2development and self-sufficiency grant program are eligible to
3be considered as state maintenance of effort expenditures under
4federal temporary assistance for needy families block grant
5requirements.
6e. d. The commission department shall consider the
7recommendations of the council in adopting rules pertaining to
8the grant program.
9f. e. The division department shall submit to the governor
10and general assembly on or before November 30 following the
11end of each state fiscal year, a report detailing performance
12measure and outcome data evaluating the family development and
13self-sufficiency grant program for the fiscal year that just
14ended.
15 Sec. 308. Section 216A.111, subsection 2, Code 2023, is
16amended to read as follows:
172. “Office” means the office of deaf services of the
18department of human rights.
19 Sec. 309. Section 216A.131, Code 2023, is amended to read
20as follows:
21216A.131 Definitions.
22For the purpose of this subchapter, unless the context
23otherwise requires:
241. “Administrator” means the administrator of the division
25of criminal and juvenile justice planning.
262. 1. “Board” means the justice advisory board.
273. 2. “Department” means the department of health and human
28rights services.
294. “Division” means the division of criminal and juvenile
30justice planning.
31 Sec. 310. Section 216A.131A, Code 2023, is amended to read
32as follows:
33216A.131A Division of criminal Criminal and juvenile justice
34planning.
35The division of criminal and juvenile justice planning is
-223-1established to department shall fulfill the responsibilities
2of this subchapter, including the duties specified in sections
3216A.135, 216A.136, 216A.137, 216A.138, and 216A.140.
4 Sec. 311. Section 216A.132, subsection 1, paragraph b, Code
52023, is amended to read as follows:
6b. Additional voting members of the board, each serving a
7four-year term, shall include one representative from each of
8the following:
9(1) The Iowa coalition against sexual assault.
10(2) The American civil liberties union of Iowa.
11(3) The Iowa county attorneys association.
12(4) The department of health and human services.
13(5) The department of corrections.
14(6) A judicial district department of correctional
15services.
16(7) The department of public safety.
17(8) The office on the status of African Americans.
18(9) The department of public health.
19(10) (8) The board of parole.
20(11) (9) The department of justice.
21(12) (10) The state public defender.
22(13) (11) The governor’s office of drug control policy.
23 Sec. 312. Section 216A.132, subsection 3, Code 2023, is
24amended to read as follows:
253. Members of the board shall receive reimbursement
26from the state for actual and necessary expenses incurred
27in the performance of their official duties and may also
28be eligible to receive compensation as provided in section
297E.6. All expense moneys paid to nonlegislative members shall
30be paid from funds appropriated to the division department.
31Legislative members shall receive compensation as provided in
32sections 2.10 and 2.12.
33 Sec. 313. Section 216A.133, subsection 2, Code 2023, is
34amended to read as follows:
352. The board shall advise the division department on its
-224-1administration of state and federal grants and appropriations
2and shall carry out other functions consistent with this
3subchapter.
4 Sec. 314. Section 216A.133, subsection 3, paragraphs i, j,
5k, l, and r, Code 2023, are amended to read as follows:
6i. Providing input to the department director in the
7development of budget recommendations for the division
8 department.
9j. Coordinating with the administrator to develop and
10make Developing and making recommendations to the department
11 director pursuant to section 216A.2.
12k. Serving as a liaison between the division department
13 and the public, sharing information and gathering constituency
14input.
15l. Recommending to the department the adoption of rules
16pursuant to chapter 17A as it deems necessary for the board and
17division department.
18r. Reviewing data supplied by the division department, the
19department of management, the legislative services agency, the
20Iowa supreme court, and other departments or agencies for the
21purpose of determining the effectiveness and efficiency of the
22collection of such data.
23 Sec. 315. Section 216A.136, unnumbered paragraph 1, Code
242023, is amended to read as follows:
25The division department shall maintain an Iowa statistical
26analysis center for the purpose of coordinating with data
27resource agencies to provide data and analytical information to
28federal, state, and local governments, and assist agencies in
29the use of criminal and juvenile justice data. Notwithstanding
30any other provision of state law, unless prohibited by federal
31law or regulation, the division department shall be granted
32access, for purposes of research and evaluation, to criminal
33history records, official juvenile court records, juvenile
34court social records, and any other data collected or under
35control of the board of parole, department of corrections,
-225-1department of workforce development, district departments of
2correctional services, department of human services, judicial
3branch, and department of public safety. However, intelligence
4data and peace officer investigative reports maintained by the
5department of public safety shall not be considered data for
6the purposes of this section. Any record, data, or information
7obtained by the division department under this section and
8the division department itself is subject to the federal and
9state confidentiality laws and regulations which are applicable
10to the original record, data, or information obtained by the
11division department and to the original custodian of the
12record, data, or information. The access shall include but is
13not limited to all of the following:
14 Sec. 316. Section 216A.137, Code 2023, is amended to read
15as follows:
16216A.137 Correctional policy project.
171. The division department shall maintain an Iowa
18correctional policy project for the purpose of conducting
19analyses of major correctional issues affecting the criminal
20and juvenile justice system. The board shall identify and
21prioritize the issues and studies to be addressed by the
22division department through this project and shall report
23project plans and findings annually along with the report
24required in section 216A.135. Issues and studies to be
25considered by the board shall include but are not limited
26to a review of the information systems available to assess
27corrections trends and program effectiveness, the development
28of an evaluation plan for assessing the impact of corrections
29expenditures, and a study of the desirability and feasibility
30of changing the state’s sentencing practices, which includes
31a prison population forecast.
322. The division department may form subcommittees for the
33purpose of addressing major correctional issues affecting the
34criminal and juvenile justice system. The division department
35 shall establish a subcommittee to address issues specifically
-226-1affecting the juvenile justice system.
2 Sec. 317. Section 216A.138, subsections 1, 2, 4, and 7, Code
32023, are amended to read as follows:
41. The division department shall coordinate the development
5of a multiagency database to track the progress of juveniles
6through various state and local agencies and programs. The
7division department shall develop a plan which utilizes
8existing databases, including the Iowa court information
9system, the federally mandated national adoption and foster
10care information system, and the other state and local
11databases pertaining to juveniles, to the extent possible.
122. The department of human services, department of
13 corrections, judicial branch, department of public safety,
14department of education, local school districts, and other
15state agencies and political subdivisions shall cooperate with
16the division department in the development of the plan.
174. The division department shall develop the plan within
18the context of existing federal privacy and confidentiality
19requirements. The plan shall build upon existing resources and
20facilities to the extent possible.
217. If the division department has insufficient funds and
22resources to implement this section, the division department
23 shall determine what, if any, portion of this section may be
24implemented, and the remainder of this section shall not apply.
25 Sec. 318. Section 216A.140, subsection 5, Code 2023, is
26amended to read as follows:
275. Membership. The youth development council membership
28shall be determined by the council itself and shall include the
29directors or chief administrators, or their designees, from the
30following state agencies and programs:
31a. Child advocacy board.
32b. Iowa commission on volunteer service in the office of
33the governor.
34c. b. Department of education.
35d. Department of human rights.
-227- 1e. Department of human services.
2f. c. Department of public health and human services.
3g. d. Department of workforce development.
4h. e. Governor’s office Office of drug control policy.
5i. f. Iowa cooperative extension service in agriculture and
6home economics.
7j. Early childhood Iowa office in the department of
8management.
9 Sec. 319. Section 216A.140, subsection 8, paragraphs b and
10c, Code 2023, are amended to read as follows:
11b. The youth advisory council shall consist of no more
12than twenty-one youth ages fourteen through twenty years who
13reside in Iowa. Membership shall be for two-year staggered
14terms. The department director, or the director’s designee,
15 shall select council members using an application process. The
16department director or the director’s designee shall strive
17to maintain a diverse council membership and shall take into
18consideration race, ethnicity, disabilities, gender, and
19geographic location of residence of the applicants.
20c. Except as otherwise provided by law, the youth advisory
21council shall determine its own rules of procedure and
22operating policies, subject to approval by the department
23 director or the director’s designee.
24 Sec. 320. Section 216A.141, subsection 2, Code 2023, is
25amended to read as follows:
262. “Office” means the office on the status of African
27Americans of the department of human rights.
28 Sec. 321. Section 216A.151, subsection 3, Code 2023, is
29amended to read as follows:
303. “Office” means the office of Asian and Pacific Islander
31affairs of the department of human rights.
32 Sec. 322. Section 216A.161, subsection 2, Code 2023, is
33amended to read as follows:
342. “Office” means the office of Native American affairs of
35the department of human rights.
-228-1 Sec. 323. Section 216D.2, subsection 2, Code 2023, is
2amended to read as follows:
32. “Public office building” means the state capitol, all
4county courthouses, all city halls, and all buildings used
5primarily for governmental offices of the state or any county
6or city. It does not include public schools or buildings
7at institutions of the state board of regents or the state
8 department of health and human services.
9 Sec. 324. NEW SECTION. 217.01 Definitions.
10As used in this chapter, unless the context otherwise
11requires:
121. “Council” means the council on health and human services.
132. “Department” means the department of health and human
14services.
153. “Director” means the director of health and human
16services.
17 Sec. 325. Section 217.1, Code 2023, is amended to read as
18follows:
19217.1 Programs of department.
20There is established a department of health and human
21services to administer programs designed to protect and improve
22the health, well-being, and productivity of the people of
23the state of Iowa. The department shall concern itself with
24the problems of human behavior, adjustment, and daily living
25through the administration of programs of family, child, and
26adult welfare, economic assistance including costs of medical
27care, rehabilitation toward self-care and support, delinquency
28prevention and control, treatment and rehabilitation of
29juvenile offenders, care and treatment of persons with mental
30illness or an intellectual disability, public health, and other
31related programs as provided by law.
32 Sec. 326. Section 217.2, Code 2023, is amended to read as
33follows:
34217.2 Council on health and human services.
351. a. There is created within the department of human
-229-1services a council on health and human services which shall
2act in a policymaking and advisory capacity on matters within
3the jurisdiction of the department. The council shall consist
4of seven nine voting members appointed by the governor subject
5to confirmation by the senate. Appointments shall be made
6on the basis of interest in public affairs, good judgment,
7and knowledge and ability in the field of health and human
8services. Appointments shall be made to provide a diversity of
9interest and point of view in the membership and without regard
10to religious opinions or affiliations. The voting members of
11the council shall serve for six-year staggered terms.
12b. Each term of a voting member shall commence and end as
13provided by section 69.19.
14c. All voting members of the council shall be electors
15of the state of Iowa. No more than four five members shall
16belong to the same political party and no more than two three
17 members shall, at the time of appointment, reside in the same
18congressional district. At least one member of the council
19shall be a member of a county board of supervisors at the time
20of appointment to the council. At least one member of the
21council shall be a physician licensed to practice medicine in
22Iowa. Vacancies occurring during a term of office shall be
23filled in the same manner as the original appointment for the
24balance of the unexpired term subject to confirmation by the
25senate.
262. In addition to the voting members described in subsection
271, the membership of the council shall include four legislators
28as ex officio, nonvoting members. The four legislators shall
29be appointed one each by the majority leader of the senate,
30the minority leader of the senate, the speaker of the house
31of representatives, and the minority leader of the house of
32representatives for terms as provided in section 69.16B.
33 Sec. 327. Section 217.3, Code 2023, is amended to read as
34follows:
35217.3 Duties of council.
-230- 1The council on human services shall:
21. Organize annually and select a chairperson and vice
3chairperson.
42. Adopt and establish policy for the operation and
5conduct of the department of human services, subject to any
6guidelines which may be adopted by the general assembly, and
7the implementation of all services and programs thereunder
8 administered by the department.
93. Report immediately to the governor any failure by the
10director or any administrator of the department of human
11services to carry out any of the policy decisions or directives
12of the council.
134. Approve the budget of the department of human services
14 prior to submission to the governor. Prior to approval of the
15budget, the council shall publicize and hold a public hearing
16to provide explanations and hear questions, opinions, and
17suggestions regarding the budget. Invitations to the hearing
18shall be extended to the governor, the governor-elect, the
19director of the department of management, and other persons
20deemed by the council as integral to the budget process. The
21budget materials submitted to the governor shall include a
22review of options for revising the medical assistance program
23made available by federal action or by actions implemented
24by other states as identified by the department, the medical
25assistance advisory council created in section 249A.4B, and
26by county representatives. The review shall address what
27potential revisions could be made in this state and how the
28changes would be beneficial to Iowans.
295. Insure that all programs administered or services
30rendered by the department directly to any citizen or through
31a local agency to any citizen are coordinated and integrated
32so that any citizen does not receive a duplication of services
33from various departments or local agencies that could be
34rendered by one department or local agency. If the council
35finds that such is not the case, it shall hear and determine
-231-1which department or local agency shall provide the needed
2service or services and enter an order of their determination
3by resolution of the council which must be concurred in by
4at least a majority of the members. Thereafter such order
5or resolution of the council shall be obeyed by all state
6departments and local agencies to which it is directed.
76. Adopt all necessary rules recommended by the director or
8administrators of divisions hereinafter established department
9 prior to their promulgation pursuant to chapter 17A.
107. Approve the establishment of any new division or
11reorganization, consolidation or abolition of any established
12division prior to the same becoming effective.
138. 7. Recommend to the governor the names of individuals
14qualified for the position of director of human services when a
15vacancy exists in the office.
16 Sec. 328. Section 217.3A, Code 2023, is amended to read as
17follows:
18217.3A Advisory committees.
191. General. The council on human services shall establish
20and utilize the advisory committee identified in this section
21 and may establish and utilize other ad hoc advisory committees
22as determined necessary to advise the council. The council
23shall establish appointment provisions, membership terms,
24operating guidelines, and other operational requirements for
25committees established pursuant to this section.
262. Child abuse prevention. The council shall establish a
27child abuse prevention program advisory committee to support
28the child abuse prevention program implemented in accordance
29with section 235A.1. The duties of the advisory committee
30shall include all of the following:
31a. Advise the director of human services and the
32administrator of the division of the department of human
33services responsible for child and family programs regarding
34expenditures of funds received for the child abuse prevention
35program.
-232- 1b. Review the implementation and effectiveness of
2legislation and administrative rules concerning the child abuse
3prevention program.
4c. Recommend changes in legislation and administrative rules
5to the general assembly and the appropriate administrative
6officials.
7d. Require reports from state agencies and other entities as
8necessary to perform its duties.
9e. Receive and review complaints from the public concerning
10the operation and management of the child abuse prevention
11program.
12f. Approve grant proposals.
13 Sec. 329. Section 217.4, Code 2023, is amended to read as
14follows:
15217.4 Meetings of council.
16The council shall meet at least monthly. Additional
17meetings shall be called by the chairperson or upon written
18request of any three council members thereof as necessary to
19carry out the duties of the council. The chairperson shall
20preside at all meetings or in the absence of the chairperson
21the vice chairperson shall preside. The members of the council
22shall be paid a per diem as specified in section 7E.6 and their
23reasonable and necessary expenses.
24 Sec. 330. Section 217.5, Code 2023, is amended to read as
25follows:
26217.5 Director of health and human services.
27The chief administrative officer for the department of human
28services is the director of human services. The director shall
29be appointed by the governor subject to confirmation by the
30senate and shall serve at the pleasure of the governor. The
31governor shall fill a vacancy in this office in the same manner
32as the original appointment was made. The director shall be
33selected primarily for administrative ability. The director
34shall not be selected on the basis of political affiliation
35and shall not engage in political activity while holding this
-233-1position.
2 Sec. 331. NEW SECTION. 217.5A Attorneys — legal counsel
3and advice.
4Notwithstanding section 13.7, the department may employ or
5retain attorneys to provide legal counsel and advice. However,
6section 13.7 shall govern the employment or retention of
7attorneys by the department to represent the department in any
8action or proceeding brought in any court or tribunal.
9 Sec. 332. Section 217.6, Code 2023, is amended to read as
10follows:
11217.6 Rules and regulations — organization of department.
121. The director is hereby authorized to may recommend
13to the council for adoption such rules and regulations as
14are necessary to carry into practice administer the duties,
15functions, and programs of the various divisions and to
16establish such divisions and to assign or reassign duties,
17powers, and responsibilities within the department, all with
18the approval of the council on human services, within the
19department as the director deems necessary and appropriate
20for the proper administration of the duties, functions and
21programs with which the department is charged. Any action
22taken, decision made, or administrative rule adopted by any
23administrator of a division may be reviewed by the director.
24The director, upon such review, may affirm, modify, or reverse
25any such action, decision, or rule.
262. The rules and regulations adopted for the public benefits
27and programs administered by the department of human services
28 shall apply the residency eligibility restrictions required by
29federal and state law.
303. The director shall organize the department of human
31services into divisions subunits as necessary to most
32efficiently carry out in an efficient manner the intent
33of this chapter and any other chapter the department is
34responsible for administering. The department of human
35services may be initially divided into the following divisions
-234-1of responsibility:
2a. The division of child and family services.
3b. The division of mental health and disability services.
4c. The division of administration.
5d. The division of planning, research, and statistics.
64. If the department of human services requires or requests
7a service consumer, service provider, or other person to
8maintain required documentation in electronic form, the
9department shall accept such documentation submitted by
10electronic means and shall not require a physical copy of the
11documentation unless required by state or federal law.
12 Sec. 333. Section 217.13, Code 2023, is amended to read as
13follows:
14217.13 Department to provide certain volunteer services —
15volunteer liability.
161. The department of human services shall establish
17volunteer programs designed to enhance the services provided
18by the department. Roles for volunteers may include but shall
19not be limited to parent aides, friendly visitors, commodity
20distributors, clerical assistants, medical transporters, and
21other functions to complement and supplement the department’s
22work with clients. Roles for volunteers shall include
23conservators and guardians. The department shall adopt rules
24for programs which are established.
252. a. The director shall appoint a coordinator of volunteer
26services to oversee the provision of services of volunteer
27conservators and guardians on a volunteer basis to individuals
28in this state requiring such services. The coordinator,
29after consulting with personnel assigned to the district of
30the department, shall recommend to the director how best to
31serve the needs of individuals in need of the services of a
32guardian or conservator. Where possible, the coordinator shall
33recommend that the services be provided on a multicounty basis.
34b. The coordinator shall cooperate with the administrators
35of the divisions of the department in providing these services
-235-1and shall seek out alternative sources for providing the
2services required under this section.
33. All volunteers registered with the department and
4in compliance with departmental rules are considered state
5employees for purposes of chapter 669. However, this section
6does not except a conservator or guardian from an action
7brought under section 658.1A or 658.3. This section does not
8relieve a guardian or conservator from duties under chapter
9633.
10 Sec. 334. Section 217.18, Code 2023, is amended to read as
11follows:
12217.18 Official seal.
13The department shall have an official seal with the words
14“Iowa Department of Health and Human Services” and such other
15design as the department prescribes engraved thereon on the
16seal. Every commission, order, or other paper of an official
17nature executed by the department may be attested with such the
18 seal.
19 Sec. 335. Section 217.19, Code 2023, is amended to read as
20follows:
21217.19 Expenses.
221. The director of said department, and the director’s
23staff, assistants, and employees shall, in addition to salary,
24receive their necessary traveling expenses by the nearest
25traveled and practicable route, when engaged in the performance
26of official business.
272. The department of administrative services shall work
28with the department of human services to develop and implement
29an expense policy applicable to the members of a board,
30commission, committee, or other body under the auspices of the
31department of human services who meet the income requirements
32for payment of per diem in accordance with section 7E.6,
33subsection 2. The policy shall allow for the payment of
34the member’s expenses to be addressed through use of direct
35billings, travel purchase card, prepaid expenses, or other
-236-1alternative means of addressing the expenses in lieu of
2reimbursement of the member.
3 Sec. 336. Section 217.21, Code 2023, is amended to read as
4follows:
5217.21 Annual report.
6The department shall, annually, at the time provided by law
7make a report to the governor and general assembly, and cover
8therein in the report the annual period ending with June 30
9preceding, which report shall embrace include:
101. An itemized statement of its the department’s
11 expenditures concerning each program under its the department’s
12 administration.
132. Adequate and complete statistical reports for the
14state as a whole concerning all payments made under its the
15department’s administration.
163. Such recommendations as to changes in laws under its the
17department’s administration as the director may deem necessary.
184. The observations and recommendations of the director and
19the council on human services relative to the programs of the
20department.
215. Such other information as the director or council on
22human services may deem deems advisable, or which may be
23requested by the governor or by the general assembly.
24 Sec. 337. Section 217.23, Code 2023, is amended to read as
25follows:
26217.23 Personnel — merit system — reimbursement for damaged
27property.
281. The director of human services or the director’s
29designee, shall employ such personnel as are necessary for the
30performance of the duties and responsibilities assigned to
31the department. All employees shall be selected on a basis
32of fitness for the work to be performed with due regard to
33training and experience and shall be subject to the provisions
34of chapter 8A, subchapter IV.
352. The department may expend moneys from the support
-237-1allocation of the department as reimbursement for replacement
2or repair of personal items of the department’s employees
3damaged or destroyed by clients of the department during the
4employee’s tour of duty. However, the reimbursement shall not
5exceed three hundred dollars for each item. The department
6shall establish rules in accordance with chapter 17A to carry
7out the purpose of this section.
8 Sec. 338. Section 217.24, Code 2023, is amended to read as
9follows:
10217.24 Payment by electronic funds transfer.
11The department of human services shall continue expanding
12the practice of making payments to program participants and
13vendors by means of electronic funds transfer. The department
14shall seek the capacity for making payment by such means for
15all programs administered by the department.
16 Sec. 339. Section 217.32, Code 2023, is amended to read as
17follows:
18217.32 Office space in county.
19Where When the department of human services assigns
20personnel to an office located in a county for the purpose of
21performing in that county designated eligibility for economic
22and medical assistance programs and protective services duties
23and responsibilities assigned by law to the department, it
24shall be the responsibility of the county to provide and
25maintain the necessary office space and office supplies and
26equipment for the personnel so assigned in the same manner as
27if they were employees of the county. The department shall at
28least annually, or more frequently if the department so elects,
29reimburse the county for a portion, designated by law, of the
30cost of maintaining office space and providing supplies and
31equipment as required by this section, and also for a similar
32portion of the cost of providing the necessary office space if
33in order to do so it is necessary for the county to lease office
34space outside the courthouse or any other building owned by the
35county. The portion of the foregoing costs reimbursed to the
-238-1county under this section shall be equivalent to the proportion
2of those costs which the federal government authorizes to be
3paid from available federal funds, unless the general assembly
4directs otherwise when appropriating funds for support of the
5department.
6 Sec. 340. Section 217.33, Code 2023, is amended to read as
7follows:
8217.33 Legal services.
9The director of human services pursuant to a state plan
10funded in part by the federal government may provide services
11for eligible persons by contract with nonprofit legal aid
12organizations.
13 Sec. 341. Section 217.34, Code 2023, is amended to read as
14follows:
15217.34 Debt setoff.
16The investigations division of the department of inspections
17and appeals and the department of human services shall provide
18assistance to set off against a person’s or provider’s income
19tax refund or rebate any debt which has accrued through written
20contract, nonpayment of premiums pursuant to section 249A.3,
21subsection 2, paragraph “a”, subparagraph (1), subrogation,
22departmental recoupment procedures, or court judgment and which
23is in the form of a liquidated sum due and owing the department
24of human services. The department of inspections and appeals,
25with approval of the department of human services, shall adopt
26rules under chapter 17A necessary to assist the department of
27administrative services in the implementation of the setoff
28under section 8A.504 in regard to money owed to the state for
29public assistance overpayments or nonpayment of premiums as
30specified in this section. The department of human services
31 shall adopt rules under chapter 17A necessary to assist the
32department of administrative services in the implementation of
33the setoff under section 8A.504, in regard to collections by
34the child support recovery unit services and the foster care
35recovery unit services.
-239-1 Sec. 342. Section 217.35, Code 2023, is amended to read as
2follows:
3217.35 Fraud and recoupment activities.
4Notwithstanding the requirement for deposit of recovered
5moneys under section 239B.14, recovered moneys generated
6through fraud and recoupment activities are appropriated to
7the department of human services to be used for additional
8fraud and recoupment activities performed by the department of
9human services or the department of inspections and appeals.
10The department of human services may use the recovered
11moneys appropriated to add not more than five full-time
12equivalent positions, in addition to those funded by annual
13appropriations. The appropriation of the recovered moneys is
14subject to both of the following conditions:
151. The director of human services determines that the
16investment can reasonably be expected to increase recovery of
17assistance paid in error, due to fraudulent or nonfraudulent
18actions, in excess of the amount recovered in the previous
19fiscal year.
202. The amount expended for the additional fraud and
21recoupment activities shall not exceed the amount of the
22projected increase in assistance recovered.
23 Sec. 343. Section 217.36, Code 2023, is amended to read as
24follows:
25217.36 Distribution of earned income tax credit information.
261. The department shall ensure that educational materials
27relating to the federal and state earned income tax credits
28are provided in accordance with this section to each household
29receiving assistance or benefits under:
30a. The hawk-i Hawki program under chapter 514I.
31b. The family investment program under chapter 239B.
32c. The medical assistance Act program under chapter 249A.
33d. The food programs defined in section 234.1 which are
34administered by the department.
35e. Any other appropriate programs administered by, or under
-240-1the oversight of, the department of human services.
22. The department shall, by mail or through the internet,
3provide a household described in subsection 1 with access to:
4a. Internal revenue service publications relating to the
5federal earned income tax credit.
6b. Department of revenue publications relating to the state
7earned income tax credit.
8c. Information prepared by tax preparers who provide
9volunteer or free federal or state income tax preparation
10services to low-income and other eligible persons and who are
11located in close geographic proximity to the person.
123. In January of each year, the department or a
13representative of the department shall mail to each household
14described in subsection 1 information about the federal and
15state earned income tax credit that provides the household with
16referrals to the resources described in subsection 2.
174. The mailings required by the department under this
18section do not have to be made as a separate mailing but may
19be included in existing mailings being made to the appropriate
20households.
21 Sec. 344. Section 217.40, Code 2023, is amended to read as
22follows:
23217.40 Training for guardians and conservators.
24The department of human services, or a person designated
25by the director, shall establish training programs designed
26to assist all duly appointed guardians and conservators in
27understanding their fiduciary duties and liabilities, the
28special needs of the ward, and how to best serve the ward and
29the ward’s interests.
30 Sec. 345. Section 217.41, Code 2023, is amended to read as
31follows:
32217.41 Refugee services foundation.
331. The department of human services shall cause a refugee
34services foundation to be created for the sole purpose of
35engaging in refugee resettlement activities to promote the
-241-1welfare and self-sufficiency of refugees who live in Iowa and
2who are not citizens of the United States. The foundation may
3establish an endowment fund to assist in the financing of its
4activities. The foundation shall be incorporated under chapter
5504.
62. The foundation shall be created in a manner so that
7donations and bequests to the foundation qualify as tax
8deductible under federal and state income tax laws. The
9foundation is not a state agency and shall not exercise
10sovereign power of the state. The state is not liable for any
11debts of the foundation.
123. The refugee services foundation shall have a board
13of directors of five members. One member shall be appointed
14by the governor and four members shall be appointed by the
15director of human services. Members of the board shall serve
16three-year terms beginning on July 1, and ending on June 30. A
17vacancy on the board shall be filled in the same manner as the
18original appointment for the remainder of the term. Not more
19than two members appointed by the director of human services
20 shall be of the same gender or of the same political party.
214. The refugee services foundation may accept and
22administer trusts deemed by the board to be beneficial.
23Notwithstanding section 633.63, the foundation may act as
24trustee of such a trust.
25 Sec. 346. Section 217.41B, subsection 1, Code 2023, is
26amended to read as follows:
271. The department of human services shall discontinue the
28Medicaid family planning network waiver effective July 1, 2017,
29and shall instead establish a state family planning services
30program. The state program shall replicate the eligibility
31requirements and other provisions included in the Medicaid
32family planning network waiver as approved by the centers for
33Medicare and Medicaid services of the United States department
34of health and human services in effect on June 30, 2017.
35 Sec. 347. Section 217.41B, subsection 3, paragraph a,
-242-1subparagraph (2), Code 2023, is amended to read as follows:
2(2) The department of human services shall adopt rules
3pursuant to chapter 17A to require that as a condition of
4eligibility as a provider under the family planning services
5program, each distinct location of a nonprofit health care
6delivery system shall enroll in the program as a separate
7provider, be assigned a distinct provider identification
8number, and complete an attestation that abortions are not
9performed at the distinct location.
10 Sec. 348. Section 217.41C, subsection 1, paragraph a, Code
112023, is amended to read as follows:
12a. The department of human services shall create the more
13options for maternal support program, a statewide program to
14promote healthy pregnancies and childbirth through nonprofit
15organizations that provide pregnancy support services.
16 Sec. 349. Section 217.41C, subsection 3, unnumbered
17paragraph 1, Code 2023, is amended to read as follows:
18The department of human services shall issue a request for
19proposals to select a program administrator for the program.
20A program administrator shall meet all of the following
21requirements:
22 Sec. 350. Section 217.41C, subsections 5 and 6, Code 2023,
23are amended to read as follows:
245. The department of human services shall publish the
25program administrator and subcontractor criteria on the
26department’s internet site.
276. The department of human services shall adopt rules
28pursuant to chapter 17A to administer the program, and shall
29provide technical assistance to the program administrator,
30monitor the program administrator for adherence to state and
31federal requirements, and collect and maintain program data.
32 Sec. 351. Section 217.41C, subsection 7, unnumbered
33paragraph 1, Code 2023, is amended to read as follows:
34Beginning October 1, 2023, and on or before October
351 annually thereafter, the department of human services
-243-1 shall submit to the general assembly the following program
2information relative to the prior fiscal year:
3 Sec. 352. Section 217.42, Code 2023, is amended to read as
4follows:
5217.42 Service areas — County offices.
61. The organizational structure to deliver the department’s
7field services shall be based upon service areas designated by
8the department. The service areas shall serve as a basis for
9providing field services to persons residing in the counties
10comprising the service area.
112. 1. The department shall maintain an office in each
12county. Based on the annual appropriations for field
13operations, the department shall strive to maintain a full-time
14presence in each county. If it is not possible to maintain a
15full-time presence in each county, the department shall provide
16staff based on its caseweight system to assure the provision of
17services. The department shall consult with the county boards
18of supervisors of those counties regarding staffing prior to
19any modification of office hours.
203. 2. A county or group of counties may voluntarily enter
21into a chapter 28E agreement with the department to provide
22funding or staff persons to deliver field services in county
23offices. The agreement shall cover the full fiscal year but
24may be revised by mutual consent.
25 Sec. 353. Section 217.43, Code 2023, is amended to read as
26follows:
27217.43 Service area County advisory boards — location of
28county offices.
291. a. The department shall establish a service area one
30or more advisory board in each service area boards. Each of
31the county boards of supervisors of the counties comprising
32the service area shall appoint two service area advisory board
33members. All of the following requirements apply to the
34appointments made by a county board of supervisors:
35(1) The membership shall be appointed in accordance with
-244-1section 69.16, relating to political affiliation, and section
269.16A, relating to gender balance.
3(2) Not more than one of the members shall be a member of
4the board of supervisors.
5(3) Appointments shall be made on the basis of interest in
6maintaining and improving service delivery.
7b. Appointments shall be made a part of the regular
8proceedings of the board of supervisors and shall be filed with
9the county auditor and the service area manager department. A
10vacancy on the board shall be filled in the same manner as the
11original appointment.
12c. The boards of supervisors shall develop and agree to
13other organizational provisions involving the advisory board,
14including reporting requirements.
152. The purpose of the advisory boards is to improve
16communication and coordination between the department and the
17counties and to advise the department regarding maintenance and
18improvement of service delivery in the counties and communities
19comprising the service areas.
203. The department shall determine the community in which
21each county office will be located. The county board of
22supervisors shall determine the location of the office space
23for the county office. The county board of supervisors shall
24make reasonable efforts to collocate the office with other
25state and local government or private entity offices in order
26to maintain the offices in a cost-effective location that is
27convenient to the public.
28 Sec. 354. Section 217.44, Code 2023, is amended to read as
29follows:
30217.44 Service areas Department offices — employee and
31volunteer record checks.
321. The record check evaluation system of the department
33shall conduct criminal and child and dependent adult abuse
34record checks of persons who are potential employees,
35employees, potential volunteers, and volunteers in service area
-245-1 department offices in a position having direct contact with the
2department’s clients. The record checks shall be performed in
3this state and the department record check evaluation system
4 may conduct these checks in other states. If the department
5 record check evaluation system determines that a person has
6been convicted of a crime or has a record of founded child or
7dependent adult abuse, the department record check evaluation
8system shall perform an evaluation to determine whether the
9crime or founded abuse warrants prohibition of the person’s
10employment or participation as a volunteer. The record checks
11and evaluation shall be performed in accordance with procedures
12adopted for this purpose by the department.
132. In an evaluation, the department record check evaluation
14system shall consider the nature and seriousness of the crime
15or founded child or dependent adult abuse in relation to the
16position sought or held, the time elapsed since the commission
17of the crime or founded abuse, the circumstances under which
18the crime or founded abuse was committed, the degree of
19rehabilitation, the likelihood that the person will commit
20the crime or founded abuse again, and the number of crimes or
21founded abuses committed by the person involved.
223. The department record check evaluation system may permit
23a person who is evaluated to be employed or to participate as a
24volunteer if the person complies with the department’s record
25check evaluation system’s conditions relating to employment or
26participation as a volunteer which may include completion of
27additional training.
284. If the department record check evaluation system
29 determines that the person has committed a crime or has a
30record of founded child or dependent adult abuse which warrants
31prohibition of employment or participation as a volunteer, the
32person shall not be employed by or participate as a volunteer
33in a department service area office in a position having direct
34contact with the department’s clients.
35 Sec. 355. Section 217.45, subsection 1, unnumbered
-246-1paragraph 1, Code 2023, is amended to read as follows:
2A background investigation may be conducted by the
3department of human services on all of the following
4individuals:
5 Sec. 356. Section 218.1, Code 2023, is amended to read as
6follows:
7218.1 Institutions controlled.
8The director of human services shall have the general and
9full authority given under statute to control, manage, direct,
10and operate the following institutions under the director’s
11jurisdiction, and may at the director’s discretion assign
12the powers and authorities given the director by statute to
13any one of the deputy directors, division administrators, or
14officers or employees of the divisions of the department of
15human services a superintendent:
161. Glenwood state resource center.
172. Woodward state resource center.
183. Mental health institute, Cherokee, Iowa.
194. Mental health institute, Independence, Iowa.
205. State training school.
216. Iowa juvenile home.
227. 6. Other facilities not attached to the campus of the
23main institution as program developments require.
24 Sec. 357. Section 218.2, Code 2023, is amended to read as
25follows:
26218.2 Powers of governor — report of abuses.
271. Nothing contained in section 218.1 shall limit the
28general supervisory or examining powers vested in the governor
29by the laws or Constitution of the State of Iowa, or legally
30vested by the governor in any committee appointed by the
31governor.
322. The administrator superintendent to whom primary
33responsibility for a particular institution has been assigned
34shall make reports to the director of human services as are
35 requested by the director and the director shall report, in
-247-1writing, to the governor any abuses found to exist in any of
2the institutions.
3 Sec. 358. Section 218.3, Code 2023, is amended to read as
4follows:
5218.3 Definitions.
6For the purposes of this chapter, unless the context
7otherwise requires:
81. “Administrator” means the person to whom the director
9of human services has assigned power and authority over an
10institution in accordance with section 218.1. “Council” means
11the council on health and human services.
122. “Department” means the department of health and human
13services.
143. “Director” means the director of health and human
15services.
162. 4. “Institution” means an institution listed in section
17218.1.
185. “Resident” means a person committed or admitted to an
19institution and is synonymous with patient, as appropriate to
20the institution.
216. “Superintendent” means the person to whom primary
22responsibility for a particular institution has been assigned.
23 Sec. 359. Section 218.4, Code 2023, is amended to read as
24follows:
25218.4 Recommendation for rules.
261. The administrators of particular institutions department
27 shall recommend to the council on human services for adoption
28such rules not inconsistent with law as they may deem necessary
29for the discharge of their duties, the management of each
30of such the institutions, and the admission, of residents
31thereto and the treatment, care, custody, education and
32discharge of residents. It is made the duty of the particular
33administrators department to establish rules by which danger
34to life and property from fire will be minimized. In the
35discharge of their duties and in the enforcement of their
-248-1rules, they The department may require any of their appointees
2to perform duties in addition to those required by statute.
32. Rules adopted by the council pursuant to chapter 17A
4shall be uniform and shall apply to all institutions under the
5particular administrator and to all other institutions under
6the administrator’s department’s jurisdiction. The primary
7rules for use in institutions where persons with mental illness
8are served shall, unless otherwise indicated, uniformly apply
9to county or private hospitals in which persons with mental
10illness are served, but the rules shall not interfere with
11proper medical treatment administered to patients such persons
12 by competent physicians. Annually, signed copies of the rules
13shall be sent to the superintendent of each institution or
14hospital under the control or supervision of a particular
15administrator. Copies shall also be sent to the clerk of each
16district court, the chairperson of the board of supervisors
17of each county and, as appropriate, to the officer in charge
18of institutions or hospitals caring for persons with mental
19illness in each county who shall be responsible for seeing
20that the rules are posted in each institution or hospital in a
21prominent place. The rules shall be kept current to meet the
22public need and shall be revised and published annually.
233. The state fire marshal shall cause to be made an annual
24inspection of all the institutions listed in section 218.1 and
25shall make provide a written report thereof of each inspection
26 to the particular administrator of the state department of
27human services in control of such institution.
28 Sec. 360. Section 218.5, Code 2023, is amended to read as
29follows:
30218.5 Fire protection contracts.
31The administrators shall have power to department may
32 enter into contracts with the governing body of any city or
33other municipal corporation for the protection from fire of
34any property under the administrators’ department’s primary
35control, located in any municipal corporation or in territory
-249-1contiguous to the municipal corporation, upon terms as may be
2agreed upon.
3 Sec. 361. Section 218.6, Code 2023, is amended to read as
4follows:
5218.6 Transfer of appropriations made to institutions.
61. Notwithstanding section 8.39, subsection 1, without the
7prior written consent and approval of the governor and the
8director of the department of management, the director of human
9services may transfer funds between the appropriations made for
10the institutions, listed as follows:
11a. The state resource centers.
12b. The state mental health institutes.
13c. The state training school.
14d. The civil commitment unit for sexual offenders.
152. The department shall report any transfer made pursuant
16to subsection 1 during a fiscal quarter to the legislative
17services agency within thirty days of the beginning of the
18subsequent fiscal quarter.
19 Sec. 362. Section 218.9, Code 2023, is amended to read as
20follows:
21218.9 Appointment of superintendents.
221. The administrator in charge of an institution, subject to
23the approval of the director of human services, shall appoint
24the superintendent of the institution. The tenure of office of
25a superintendent shall be at the pleasure of the administrator
26 director. The administrator director may transfer a
27superintendent or warden from one institution to another.
282. The superintendent or warden shall have immediate
29custody and control, subject to the orders and policies of the
30administrator in charge of the institution director, of all
31property used in connection with the institution except as
32provided in this chapter.
33 Sec. 363. Section 218.10, Code 2023, is amended to read as
34follows:
35218.10 Subordinate officers and employees.
-250- 1The administrator in charge of a particular institution,
2with the consent and approval of the director of human
3services, shall determine the number of subordinate officers
4and employees for the institution. Subject to this chapter,
5the officers and employees shall be appointed and discharged
6by the superintendent or business manager the superintendent’s
7designee pursuant to chapter 8A, subchapter IV. The
8superintendent shall keep, in the record of each subordinate
9officer and employee, the date of employment, the compensation,
10and the date of each discharge, and the reasons for discharge.
11 Sec. 364. Section 218.12, Code 2023, is amended to read as
12follows:
13218.12 Bonds.
14The administrator in charge of any particular institution
15shall require each Each officer and any employee of such
16administrator and of every an institution under the
17administrator’s control who may be charged with the custody
18or control of any money or property belonging to the state to
19give shall provide an official bond, properly conditioned,
20and signed by sufficient sureties in a sum to be fixed by
21the administrator director, which bond shall be approved by
22the administrator director, and filed in the office of the
23secretary of state.
24 Sec. 365. Section 218.13, Code 2023, is amended to read as
25follows:
26218.13 Record checks.
271. For the purposes of this section, unless the context
28otherwise requires:
29a. “Department” means the department of human services.
30b. “Institution” means an institution controlled by the
31department as described in section 218.1.
32c. “Resident” means a person committed or admitted to an
33institution.
342. 1. If a person is being considered for employment
35involving direct responsibility for a resident or with access
-251-1to a resident when the resident is alone, or if a person
2will reside in a facility utilized by an institution, and
3if the person has been convicted of a crime or has a record
4of founded child or dependent adult abuse, the record check
5evaluation system of the department shall perform an evaluation
6to determine whether the crime or founded abuse warrants
7prohibition of employment or residence in the facility. The
8department record check evaluation system shall conduct
9criminal and child and dependent adult abuse record checks of
10the person in this state and may conduct these checks in other
11states. The investigation and evaluation shall be performed
12in accordance with procedures adopted for this purpose by the
13department.
143. 2. If the department record check evaluation system
15 determines that a person, who is employed by an institution
16or resides in a facility utilized by an institution, has
17been convicted of a crime or has a record of founded child
18or dependent adult abuse, the department record check
19evaluation system shall perform an evaluation to determine
20whether prohibition of the person’s employment or residence is
21warranted. The evaluation shall be performed in accordance
22with procedures adopted for this purpose by the department.
234. 3. In an evaluation, the department record check
24evaluation system shall consider the nature and seriousness of
25the crime or founded child or dependent adult abuse in relation
26to the position sought or held, the time elapsed since the
27commission of the crime or founded abuse, the circumstances
28under which the crime or founded abuse was committed, the
29degree of rehabilitation, the likelihood that the person will
30commit the crime or founded abuse again, and the number of
31crimes or founded abuses committed by the person involved.
32The department record check evaluation system may permit
33a person who is evaluated to be employed or reside or to
34continue employment or residence if the person complies with
35the department’s record check evaluation system’s conditions
-252-1relating to employment or residence which may include
2completion of additional training.
35. 4. If the department record check evaluation system
4 determines that the person has committed a crime or has a
5record of founded child or dependent adult abuse which warrants
6prohibition of employment or residence, the person shall not
7be employed by an institution or reside in a facility utilized
8by an institution.
9 Sec. 366. Section 218.14, Code 2023, is amended to read as
10follows:
11218.14 Dwelling of superintendent or other employee.
121. The administrator having control over an institution
13may, with consent of the director of human services, may
14 furnish the superintendent of the institution, in addition
15to salary, with a dwelling or with appropriate quarters in
16lieu of the dwelling, or the administrator may compensate the
17superintendent of the institution in lieu of furnishing a
18dwelling or quarters. If the superintendent of the institution
19is furnished with a dwelling or quarters, either of which is
20owned by the state, the superintendent may also be furnished
21with water, heat, and electricity.
222. The administrator having control over an institution
23 director may furnish assistant superintendents or other
24employees, or both, with a dwelling or with appropriate
25quarters, owned by the state. The assistant superintendent or
26employee, who is so furnished, shall pay rent for the dwelling
27or quarters in an amount to be determined by the superintendent
28of the institution director, which shall be the fair market
29rental value of the dwelling or quarters. If an assistant
30superintendent or employee is furnished with a dwelling or
31quarters, either of which is owned by the state, the assistant
32superintendent or employee may also be furnished with water,
33heat, and electricity. However, the furnishing of these
34utilities shall be considered in determining the fair market
35rental value of the dwelling or quarters.
-253-1 Sec. 367. Section 218.15, Code 2023, is amended to read as
2follows:
3218.15 Salaries — how paid.
4The salaries and wages shall be included in the semimonthly
5payrolls and paid in the same manner as other expenses of the
6several institutions.
7 Sec. 368. Section 218.17, Code 2023, is amended to read as
8follows:
9218.17 Authorized leave.
10Vacations and sick leave with pay as authorized in section
1170A.1 shall only be taken at such times as the superintendent
12or the business manager superintendent’s designee in charge
13of an officer or employee, as the case may be, may direct,
14and only after written authorization by the superintendent or
15business manager the superintendent’s designee, and for the
16number of days specified in the authorization. A copy of the
17authorization shall be attached to the institution’s copy of
18the payroll of the institution, for audit purposes, for the
19period during which the vacation was taken, and the semimonthly
20payroll shall show the number of days the person was absent
21under the authorization.
22 Sec. 369. Section 218.21, Code 2023, is amended to read as
23follows:
24218.21 Record of residents.
25The administrator of the department of human services in
26control of a state institution director shall, as to every
27person committed to any of the institutions, keep the following
28record:
291. Name.
302. Residence.
313. Sex.
324. Age.
335. Nativity.
346. Occupation.
357. Civil condition.
-254- 18. Date of entrance or commitment.
29. Date of discharge.
310. Whether a discharge was final.
411. Condition of the person when discharged.
512. The name of the institutions from which and to which
6such person has been transferred.
713. If dead deceased, the date and cause of the person’s
8death.
9 Sec. 370. Section 218.22, Code 2023, is amended to read as
10follows:
11218.22 Record privileged.
12Except with the consent of the administrator in charge of an
13institution director, or on an order of a court of record, the
14record provided in section 218.21 shall be accessible only to
15the administrator of the division of the department of human
16services in control of such institution, the director of the
17department of human services and to assistants and proper
18clerks authorized by such administrator or the administrator’s
19 the director. The administrator of the division of such
20institution is authorized to director may permit the division
21of library services of the department of education and the
22historical division of the department of cultural affairs to
23copy or reproduce by any photographic, photostatic, microfilm,
24microcard or other process which accurately reproduces a
25durable medium for reproducing the original and to destroy
26in the manner described by law such records of residents
27designated in section 218.21.
28 Sec. 371. Section 218.23, Code 2023, is amended to read as
29follows:
30218.23 Reports to administrator director.
31The superintendent of an institution shall, within ten
32days after the commitment or entrance of a person to the
33institution, cause a true copy of the person’s entrance record
34to be made and forwarded to the administrator in control of
35the institution director or the director’s designee. When a
-255-1patient or resident leaves, or is discharged, or transferred
2from, or dies in an institution, the superintendent or person
3in charge shall within ten days after that date send the
4information to the office of the institution’s administrator
5 director or the director’s designee on forms which the
6administrator director prescribes.
7 Sec. 372. Section 218.24, Code 2023, is amended to read as
8follows:
9218.24 Questionable commitment.
10The superintendent is required to shall immediately
11notify the administrator in control of the superintendent’s
12particular institution director if there is any question as
13to the propriety of the commitment or detention of any person
14received at such an institution, and said administrator the
15director, upon such notification, shall inquire into the matter
16presented, and take such proper action as may be deemed proper
17in the premises.
18 Sec. 373. Section 218.26, Code 2023, is amended to read as
19follows:
20218.26 Religious worship.
21Any such resident, during the time of the resident’s
22detention, shall be allowed, for at least one hour on each
23Sunday weekly and in times of extreme sickness, and at such
24other suitable and reasonable times as is consistent with the
25resident’s religious belief and proper discipline in said
26 the institution, to receive spiritual advice, instruction,
27and ministration from any recognized member of the clergy of
28the church or denomination which represents the resident’s
29religious belief.
30 Sec. 374. Section 218.27, Code 2023, is amended to read as
31follows:
32218.27 Religious belief of minors.
33In case such If a resident is a minor and has formed no
34choice, the minor’s preference may, at any time, be expressed
35by the minor with the approval of parents or guardian, if the
-256-1minor has any such a parent or guardian.
2 Sec. 375. Section 218.28, Code 2023, is amended to read as
3follows:
4218.28 Investigation.
5The administrator of the department of human services in
6control of a particular institution or the administrator’s
7authorized officer or employee director or the director’s
8designee shall visit, and minutely examine, at least once in
9six months, and more often if necessary or required by law,
10the institutions under such administrator’s control, and the
11financial condition and management thereof of the institutions.
12 Sec. 376. Section 218.29, Code 2023, is amended to read as
13follows:
14218.29 Scope of investigation.
15The administrator of the department of human services in
16control of a particular institution or the administrator’s
17authorized officer or employee director or the director’s
18designee shall, during such investigation and as far as
19possible, see every resident of each institution, especially
20those admitted since the director’s or the director’s
21designee’s preceding visit, and shall give such residents as
22may require it, suitable opportunity to converse with such
23administrator or authorized officer or employee the director or
24the director’s designee apart from the officers and attendants.
25 Sec. 377. Section 218.30, Code 2023, is amended to read as
26follows:
27218.30 Investigation of other institutions facilities.
28The administrators to whom control of institutions has been
29assigned, or their authorized officers or employees, director
30 may investigate or cause the investigation of charges of abuse,
31neglect, or mismanagement on the part of an officer or employee
32of a private institution facility which is subject to the
33administrator’s particular director’s supervision or control.
34The administrator who has been assigned to have authority over
35the state mental health institutes, or the administrator’s
-257-1authorized officer or employee, director shall also investigate
2or cause the investigation of charges concerning county care
3facilities in which persons with mental illness are served.
4 Sec. 378. Section 218.31, Code 2023, is amended to read as
5follows:
6218.31 Witnesses.
7In aid of any investigation the administrator shall have
8the power to department may summon and compel the attendance
9of witnesses; to examine the witnesses under oath, which the
10administrator shall have power to director or the director’s
11designee may administer; to have access to all books, papers,
12and property material to such investigation; and to order
13the production of any other books or papers material to the
14investigation. Witnesses other than those in the employ of the
15state shall be entitled to the same fees as in civil cases in
16the district court.
17 Sec. 379. Section 218.32, Code 2023, is amended to read as
18follows:
19218.32 Contempt.
20Any person failing or refusing to obey the orders of the
21administrator department issued under section 218.31, or to
22give or produce evidence when required, shall be reported by
23the administrator department to the district court in the
24county where the offense occurs, and shall be dealt with by the
25court as for contempt of court.
26 Sec. 380. Section 218.33, Code 2023, is amended to read as
27follows:
28218.33 Transcript of testimony.
29The particular administrator involved department shall cause
30the testimony taken at such investigation to be transcribed and
31filed in the administrator’s office at the seat of government
32 with the department within ten days after the same testimony
33 is taken, or as soon thereafter as practicable, and when so
34 filed the same testimony shall be open for the inspection of
35any person.
-258-1 Sec. 381. Section 218.41, Code 2023, is amended to read as
2follows:
3218.41 Custody.
4When a resident of an institution is so working outside the
5institution proper, the resident shall be deemed is at all
6times in the actual custody of the head superintendent of the
7institution.
8 Sec. 382. Section 218.42, Code 2023, is amended to read as
9follows:
10218.42 Wages of residents.
11If a resident performs services for the state at an
12institution listed in section 218.1, the administrator in
13control of the institution department shall pay the resident
14a wage in accordance with federal wage and hour requirements.
15However, the wage amount shall not exceed the amount of the
16prevailing wage paid in the state for a like service or its
17equivalent.
18 Sec. 383. Section 218.43, Code 2023, is amended to read as
19follows:
20218.43 Deduction to pay court costs.
21If wages are paid to a resident pursuant to section
22218.42, the administrator in control of an institution listed
23in section 218.1 department may deduct from the wages an
24amount sufficient to pay all or a part of the costs taxed
25to the resident by reason of the resident’s commitment to
26the institution. In such case the amount so deducted shall
27be forwarded to the clerk of the district court or proper
28official.
29 Sec. 384. Section 218.44, Code 2023, is amended to read as
30follows:
31218.44 Wages paid to dependent — deposits.
32If wages are paid to a resident pursuant to section 218.42,
33the administrator in control of an institution listed in
34section 218.1 department may pay all or any part of the wages
35directly to any dependent of the resident. The administrator
-259-1 department may also deposit the wages to the account of the
2resident, or may so deposit part of the wages and allow the
3resident a portion for the resident’s own personal use, or
4may pay to the county of commitment all or any part of the
5resident’s care, treatment, or subsistence while at said the
6 institution from any credit balance accruing to the account of
7the resident.
8 Sec. 385. Section 218.45, Code 2023, is amended to read as
9follows:
10218.45 Conferences.
11Quarterly conferences of the superintendents of the
12institutions shall be held with the administrator in control
13of the institutions director at Des Moines or at institutions
14under the administrator’s director’s jurisdiction, for the
15consideration of all matters relative to the management of
16the institutions. Full minutes of the conferences shall be
17preserved in the records of the administrator department.
18The administrator in control director may cause papers on
19appropriate subjects to be prepared and read presented at the
20conferences.
21 Sec. 386. Section 218.46, Code 2023, is amended to read as
22follows:
23218.46 Scientific investigation.
241. The administrator who is in charge of an institution
25 director shall encourage the scientific investigation, on
26the part of the superintendent and medical staff of the
27institution, as to the most successful methods of institutional
28management and treating treatment of the persons committed to
29the institution. In addition, the administrator department
30 shall procure and furnish to the superintendent and medical
31staff information relative to such management and treatment
32and, from time to time, publish bulletins and reports of
33scientific and clinical work done in that type of institution.
342. The administrators of such state institutions are
35authorized to department may provide services and facilities
-260-1for the scientific observation, rechecking, and treatment of
2persons with mental illness within the state. Application by,
3or on behalf of, any person for such services and facilities
4shall be made to the administrator in charge of the particular
5institution involved and shall be made director on forms
6furnished by such administrator the department. The time and
7place of admission of any person to outpatient or clinical
8services and facilities for scientific observation, rechecking,
9 and treatment and the use of such services and facilities for
10the benefit of persons who have already been hospitalized
11for psychiatric evaluation and appropriate treatment or
12involuntarily hospitalized as seriously mentally ill shall
13be in accordance with rules and regulations adopted by the
14administrator in control of the particular institution involved
15 department.
16 Sec. 387. Section 218.47, Code 2023, is amended to read as
17follows:
18218.47 Monthly report.
19The superintendent or business manager of each institution
20or the superintendent’s designee shall, on the first day of
21each month, account to the administrator in control of the
22particular institution director or the director’s designee for
23all state funds received during the preceding month, and, at
24the same time, remit the accounting to the treasurer of state.
25 Sec. 388. Section 218.48, Code 2023, is amended to read as
26follows:
27218.48 Annual reports.
28The superintendent or business manager of each institution
29or the superintendent’s designee shall make an annual report
30to the administrator in control of the particular institution
31 director and include in the report a detailed and accurate
32inventory of the stock and supplies on hand, and their amount
33and value, under the following headings:
341. Livestock.
352. Farm produce on hand.
-261- 13. Vehicles.
24. Agricultural implements.
35. Machinery.
46. Mechanical fixtures.
57. Real estate.
68. Furniture.
79. Bedding in residents’ department.
810. State property in superintendent’s department.
911. Clothing.
1012. Dry goods.
1113. Provisions and groceries.
1214. Drugs and medicine.
1315. Fuel.
1416. Library.
1517. All other state property under appropriate headings
16to be determined by the particular administrator involved
17 director.
18 Sec. 389. Section 218.49, Code 2023, is amended to read as
19follows:
20218.49 Contingent fund.
21The administrator in control of an institution director
22 may permit the superintendent or the business manager of
23each institution or the superintendent’s designee to retain
24a stated amount of funds under the superintendent’s or
25business manager’s superintendent’s designee’s supervision
26as a contingent fund for the payment of freight, postage,
27commodities purchased on authority of the particular
28superintendent or business manager involved on a cash basis,
29salaries, and bills granting discount for cash.
30 Sec. 390. Section 218.50, Code 2023, is amended to read as
31follows:
32218.50 Requisition for contingent fund.
33If necessary, the director of the department of human
34services shall make proper requisition upon the director of
35the department of administrative services for a warrant on the
-262-1state treasurer to secure the said contingent fund for each
2institution.
3 Sec. 391. Section 218.51, Code 2023, is amended to read as
4follows:
5218.51 Monthly reports of contingent fund.
6A monthly report of the status of such the contingent fund
7shall be submitted by the proper officer of said superintendent
8of each institution or the superintendent’s designee to
9the administrator in control of the institution involved
10and such director or the director’s designee in accordance
11with applicable rules as such administrator may establish
12 established by the director.
13 Sec. 392. Section 218.52, Code 2023, is amended to read as
14follows:
15218.52 Supplies — competition.
16The administrator in control of a state institution
17 department shall, in the purchase of supplies, afford all
18reasonable opportunity for competition, and shall give
19preference to local dealers and Iowa producers when such can be
20done without loss to the state.
21 Sec. 393. Section 218.55, Code 2023, is amended to read as
22follows:
23218.55 Purchase from an institution.
24An administrator The department may purchase supplies of
25any institution under the administrator’s control, for use in
26any other institution under the administrator’s control, and
27reasonable payment for the supplies shall be made as in the
28case of other purchases.
29 Sec. 394. Section 218.56, Code 2023, is amended to read as
30follows:
31218.56 Purchase of supplies — vendor warrants.
321. The administrators department shall, from time to time,
33 adopt and make of record rules and regulations governing the
34purchase of all articles and supplies needed at the various
35institutions under their control and the form and verification
-263-1of vouchers for such purchases.
22. The department of human services shall mail vendor
3warrants for the department of corrections.
4 Sec. 395. Section 218.57, Code 2023, is amended to read as
5follows:
6218.57 Combining appropriations.
7The director of the department of administrative services
8may combine the balances carried in all specific appropriations
9into a special account for each institution under the control
10of a particular administrator, except that the support fund for
11each institution shall be carried as a separate account.
12 Sec. 396. Section 218.58, Code 2023, is amended to read as
13follows:
14218.58 Construction, repair, and improvement projects —
15emergencies.
16The department shall work with the department of
17administrative services to accomplish the following
18responsibilities:
191. The department shall prepare and submit to the director
20of the department of management, as provided in section
218.23, a multiyear construction program including estimates of
22the expenditure requirements for the construction, repair,
23or improvement of buildings, grounds, or equipment at the
24institutions listed in section 218.1.
252. The director department shall have plans and
26specifications prepared by the department of administrative
27services for authorized construction, repair, or improvement
28projects costing over the competitive bid threshold in section
2926.3, or as established in section 314.1B. An appropriation
30for a project shall not be expended until the department of
31administrative services has adopted plans and specifications
32and has completed a detailed estimate of the cost of the
33project, prepared under the supervision of a licensed architect
34or licensed professional engineer. Plans and specifications
35shall not be adopted and a project shall not proceed if the
-264-1project would require an expenditure of money in excess of the
2appropriation.
33. The department of administrative services shall comply
4with the competitive bid procedures in chapter 26 to let all
5contracts under chapter 8A, subchapter III, for authorized
6construction, repair, or improvement of departmental buildings,
7grounds, or equipment.
84. If the director of the department of human services
9 and the director of the department of administrative services
10determine that emergency repairs or improvements estimated
11to cost more than the competitive bid threshold in section
1226.3, or as established in section 314.1B are necessary to
13assure the continued operation of a departmental institution,
14the requirements of subsections 2 and 3 for preparation
15of plans and specifications and competitive procurement
16procedures are waived. A determination of necessity for
17waiver by the director of the department of human services
18 and the director of the department of administrative services
19shall be in writing and shall be entered in the project
20record for emergency repairs or improvements. Emergency
21repairs or improvements shall be accomplished using plans and
22specifications and competitive quotation or bid procedures, as
23applicable, to the greatest extent possible, considering the
24necessity for rapid completion of the project. A waiver of
25the requirements of subsections 2 and 3 does not authorize an
26expenditure in excess of an amount otherwise authorized for the
27repair or improvement.
285. A claim for payment relating to a project shall be
29itemized on a voucher form pursuant to section 8A.514,
30certified by the claimant and the architect or engineer
31in charge, and audited and approved by the department of
32administrative services. Upon approval by the department of
33administrative services, the director of the department of
34administrative services shall draw a warrant to be paid by the
35treasurer of state from funds appropriated for the project.
-265-1A partial payment made before completion of the project does
2not constitute final acceptance of the work or a waiver of any
3defect in the work.
46. Subject to the prior approval of the administrator
5in control of a departmental institution director or the
6director’s designee, minor projects costing five thousand
7dollars or less may be authorized and completed by the
8executive head superintendent of the institution through the
9use of day labor. A contract is not required if a minor project
10is to be completed with the use of resident labor.
11 Sec. 397. Section 218.64, Code 2023, is amended to read as
12follows:
13218.64 Investigation of death.
141. For the purposes of this section, unless the context
15otherwise requires, “institution” and “resident” mean the same
16as defined in section 218.13.
172. Upon the death of a resident of an institution,
18the county medical examiner shall conduct a preliminary
19investigation of the death as provided in section 331.802. The
20cost of the preliminary investigation shall be paid by the
21department of human services.
22 Sec. 398. Section 218.65, Code 2023, is amended to read as
23follows:
24218.65 Property of deceased resident.
25The superintendent or business manager of each institution
26 department shall, upon the death of any resident or patient,
27immediately take possession of all property of the deceased
28left at the institution, and deliver the property to the duly
29appointed and qualified representative of the deceased.
30 Sec. 399. Section 218.66, Code 2023, is amended to read as
31follows:
32218.66 Property of small value.
33If administration be is not granted within one year from
34the date of the death of the decedent, and the value of the
35estate of the decedent is so small as to make the granting
-266-1of administration inadvisable, then delivery of the money
2and other property left by the decedent may be made to the
3surviving spouse and heirs of the decedent.
4 Sec. 400. Section 218.69, Code 2023, is amended to read as
5follows:
6218.69 Permanent record.
7A complete permanent record of the money transmitted to the
8treasurer of state under section 218.68, showing by whom and
9with whom it the money was left, its the amount, the date of
10the death of the owner, the owner’s reputed place of residence
11before the owner became a resident of the institution, the date
12on which it the money was transmitted to the state treasurer,
13and any other facts which may tend to identify the intestate
14and explain the case, shall be kept by the superintendent
15of the institution or business manager, as the case may be
16 department, and a transcript of the record shall be sent to,
17 and kept by, the treasurer of state.
18 Sec. 401. Section 218.70, Code 2023, is amended to read as
19follows:
20218.70 Payment to party entitled.
21Moneys transmitted to the treasurer of state under section
22218.68 shall be paid, at any time within ten years from the
23death of the intestate, to any person who is shown to be
24entitled thereto to the moneys. Payment shall be made from the
25state treasury out of the support fund of such institution in
26the manner provided for the payment of other claims from that
27fund.
28 Sec. 402. Section 218.72, Code 2023, is amended to read as
29follows:
30218.72 Temporary quarters in emergency.
31In case the buildings at any institution under the control of
32an administrator are destroyed or rendered unfit for habitation
33by reason of fire, storms, or other like causes, to such an
34extent that the residents cannot be housed and cared for, the
35administrator director shall make temporary provision for the
-267-1housing and care of the residents at some other place in the
2state. Like provision may be made in case any pestilence
3breaks out among the residents. The reasonable cost of the
4change, including transfer of residents, shall be paid from any
5moneys in the state treasury not otherwise appropriated.
6 Sec. 403. Section 218.78, Code 2023, is amended to read as
7follows:
8218.78 Institutional receipts deposited.
91. All institutional receipts of the department of human
10services, including funds received from client participation
11at the state resource centers under section 222.78 and at the
12state mental health institutes under section 230.20, shall be
13deposited in the general fund except for reimbursements for
14services provided to another institution or state agency, for
15receipts deposited in the revolving farm fund under section
16904.706, for deposits into the medical assistance fund under
17section 249A.11, and for rentals charged to employees or
18others for room, apartment, or house and meals, which shall be
19available to the institutions.
202. If approved by the director of human services, the
21department may use appropriated funds for the granting of
22educational leave.
23 Sec. 404. Section 218.83, Code 2023, is amended to read as
24follows:
25218.83 Administrative improvement.
26The director of human services and the administrators
27assigned to have authority over the institutions shall
28cooperate with any department or agency of the state government
29in any manner, including the exchange of employees, calculated
30to improve administration of the affairs of the institutions.
31 Sec. 405. Section 218.84, Code 2023, is amended to read as
32follows:
33218.84 Abstracting claims and keeping accounts.
34The director of the department of human services or the
35director’s designee shall have sole charge of abstracting and
-268-1certifying claims for payment and the keeping of a central
2system of accounts in institutions under the director’s
3control.
4 Sec. 406. Section 218.85, Code 2023, is amended to read as
5follows:
6218.85 Uniform system of accounts.
7The director of human services through the administrators in
8control of the institutions department shall install in all the
9institutions the most modern, complete, and uniform system of
10accounts, records, and reports possible. The system shall be
11prescribed by the director of the department of administrative
12services as authorized in section 8A.502, subsection 13, and,
13among other matters, shall clearly show the detailed facts
14relative to the handling and uses of all purchases.
15 Sec. 407. Section 218.86, Code 2023, is amended to read as
16follows:
17218.86 Abstract of claims.
18Vouchers for expenditures other than salaries shall be
19submitted to the director of the department of administrative
20services, who shall prepare in triplicate an abstract of
21claims submitted showing the name of the claimant and the
22institutions and institutional fund on account of which the
23payment is made. The claims and abstracts of claims shall be
24returned to the director of the department of human services
25 where the correctness of the abstracts shall be certified by
26the director. The original abstract shall be delivered to the
27director of the department of administrative services, the
28duplicate to be retained in the office of the director, of the
29department of human services and the triplicate forwarded to
30the proper institution to be retained as a record of claims
31paid.
32 Sec. 408. Section 218.87, Code 2023, is amended to read as
33follows:
34218.87 Warrants issued by director of the department of
35administrative services.
-269- 1Upon such certificate the director of the department of
2administrative services shall, if the institution named has
3sufficient funds, issue the director’s warrants upon the state
4treasurer, for the amounts and to the claimants indicated
5thereon on the warrants. The director of the department of
6administrative services shall deliver the warrants thus issued
7to the director of human services department, who will cause
8same the warrants to be transmitted to the payees thereof of
9the warrants.
10 Sec. 409. Section 218.88, Code 2023, is amended to read as
11follows:
12218.88 Institutional payrolls.
13At the close of each pay period, the superintendent or
14business manager of each institution shall prepare and forward
15to the director of human services or the director’s designee a
16semimonthly payroll which shall show the name of each officer
17and employee, the semimonthly pay, time paid for, the amount of
18pay, and any deductions. A substitute shall not be permitted
19to receive compensation in the name of the employee for whom
20the substitute is acting.
21 Sec. 410. Section 218.92, Code 2023, is amended to read as
22follows:
23218.92 Patients Residents with dangerous mental disturbances.
24When a patient in a state resource center for persons with
25an intellectual disability, a state mental health institute,
26or another resident of an institution under the administration
27of the department of human services has become so mentally
28disturbed as to constitute a danger to self, to other patients
29 residents or staff of the institution, or to the public,
30and the institution cannot provide adequate security, the
31administrator in charge of the institution director or the
32director’s designee, with the consent of the director of the
33Iowa department of corrections, may order the patient resident
34 to be transferred to the Iowa medical and classification
35center, if the superintendent of the institution from which
-270-1the patient resident is to be transferred, with the support
2of a majority of the medical staff, recommends the transfer
3in the interest of the patient resident, other patients
4 residents, or the public. If the patient resident transferred
5was hospitalized pursuant to sections 229.6 through 229.15,
6the transfer shall be promptly reported to the court that
7ordered the hospitalization of the patient resident, as
8required by section 229.15, subsection 5. The Iowa medical
9and classification center has the same rights, duties, and
10responsibilities with respect to the patient resident as the
11institution from which the patient resident was transferred
12had while the patient was hospitalized in the institution.
13The cost of the transfer shall be paid from the funds of the
14institution from which the transfer is made.
15 Sec. 411. Section 218.93, Code 2023, is amended to read as
16follows:
17218.93 Consultants for director or administrators department.
18The director of human services or the administrators in
19control of the institutions are authorized to department
20may secure the services of consultants to furnish advice on
21administrative, professional, or technical problems to the
22director or the administrators, their department employees,
23or employees of institutions under their jurisdiction or to
24provide in-service training and instruction for the employees.
25The director and administrators are authorized to department
26may pay the consultants at a rate to be determined by them the
27department from funds under their the department’s control
28or from any institutional funding under their the director’s
29 jurisdiction as the director or administrator may determine.
30 Sec. 412. Section 218.94, Code 2023, is amended to read as
31follows:
32218.94 Director may buy and sell real estate — options.
331. The director of the department of human services
34shall have full power to may secure options to purchase real
35estate, to acquire and sell real estate, and to grant utility
-271-1easements, for the proper uses of said the institutions.
2Real estate shall be acquired and sold and utility easements
3granted, upon such terms and conditions as the director may
4determine. Upon sale of the real estate, the proceeds shall
5be deposited with the treasurer of state and credited to the
6general fund of the state. There is hereby appropriated from
7the general fund of the state a sum equal to the proceeds so
8 deposited and credited to the general fund of the state to the
9department of human services, which may be used to purchase
10other real estate or for capital improvements upon property
11under the director’s control.
122. The costs incident to securing of options, acquisition
13and sale of real estate and granting of utility easements,
14including but not limited to appraisals, invitations for
15offers, abstracts, and other necessary costs, may be paid
16from moneys appropriated for support and maintenance to the
17institution at which such the real estate is located. Such
18fund costs shall be reimbursed from the proceeds of the sale.
19 Sec. 413. Section 218.95, Code 2023, is amended to read as
20follows:
21218.95 Synonymous terms.
221. For purposes of construing the provisions of this and
23the following subtitles of this title and chapters 904, 913,
24and 914 relating to persons with mental illness and reconciling
25these provisions with other former and present provisions of
26statute, the following terms shall be considered synonymous:
27a. “Mentally ill” and “insane”, except that the
28hospitalization or detention of any person for treatment
29of mental illness shall not constitute a finding or create
30a presumption that the individual is legally insane in the
31absence of a finding of incompetence made pursuant to section
32229.27.
33b. “Parole” and “convalescent leave”.
34c. “Resident” and “patient”.
35d. “Escape” and “depart without proper authorization”.
-272- 1e. “Warrant” and “order of admission”.
2f. “Escapee” and “patient”.
3g. “Sane” and “in good mental health”.
4h. “Commitment” and “admission”.
52. It is hereby declared to be the policy of the general
6assembly that words which have come to have a degrading meaning
7shall not be employed in institutional records having reference
8to persons with various mental conditions and that in all
9records pertaining to persons with various mental conditions
10the less discriminatory of the foregoing synonyms shall be
11employed.
12 Sec. 414. Section 218.96, Code 2023, is amended to read as
13follows:
14218.96 Gifts, grants, and devises, and bequests.
15The director of the department of human services is
16authorized to may accept gifts, grants, devises, or bequests of
17real or personal property from the federal government or any
18source. The director may exercise such powers with reference
19to the property so accepted as may be deemed essential to its
20 the property’s preservation and the purposes for which given,
21granted, devised, or bequeathed.
22 Sec. 415. Section 218.98, Code 2023, is amended to read as
23follows:
24218.98 Canteen maintained.
25The administrators in control of the institutions may
26maintain a A canteen may be maintained at any institution
27under their jurisdiction and control for the sale to persons
28residing in the institution of items including but not limited
29to toilet articles, candy, tobacco products, notions, and other
30sundries, and may provide the necessary facilities, equipment,
31personnel, and merchandise for such sale may be provided. The
32administrators department shall specify what commodities will
33be sold in the canteen. The department may establish and
34maintain a permanent operating fund for each canteen. The fund
35shall consist of the receipts from the sale of commodities at
-273-1the canteen.
2 Sec. 416. Section 218.99, Code 2023, is amended to read as
3follows:
4218.99 Counties to be notified of patients’ personal
5accounts.
6The administrator in control of a state institution shall
7direct the business manager superintendent of each institution
8under the administrator’s jurisdiction which is mentioned
9 facility specified in section 331.424, subsection 1, paragraph
10“a”, subparagraphs (1) and (2), and for which services are paid
11by the county of residence or a mental health and disability
12services region, to shall quarterly inform the county of
13residence of any patient or resident person committed or
14admitted to the facility who has an amount in excess of two
15hundred dollars on account in the patients’ person’s personal
16deposit fund and the amount on deposit. The administrators
17shall direct the business manager to superintendent shall
18 further notify the county of residence at least fifteen days
19before the release of funds in excess of two hundred dollars
20or upon the death of the patient or resident person. If the
21patient or resident person has no residency in this state or
22the person’s residency is unknown, notice shall be made to the
23director of human services and the administrator in control of
24the institution involved department.
25 Sec. 417. Section 218.100, Code 2023, is amended to read as
26follows:
27218.100 Central warehouse and supply depot.
28The department of human services shall establish a fund for
29maintaining and operating a central warehouse as a supply depot
30and distribution facility for surplus government products,
31carload canned goods, paper products, other staples, and such
32other items as determined by the department. The fund shall be
33permanent and shall be composed of the receipts from the sales
34of merchandise, recovery of handling, operating and delivery
35charges of such merchandise, and from the funds contributed by
-274-1the institutions now in a contingent fund being used for this
2purpose. All claims for purchases of merchandise, operating,
3and salary expenses shall be subject to the provisions of
4sections 218.86, 218.87, and 218.88.
5 Sec. 418. Section 221.2, Code 2023, is amended to read as
6follows:
7221.2 Administrator Compact administrator.
8Pursuant to the compact, the administrator of the division
9of mental health and disability services The director of
10the department of health and human services shall be the
11 designate a compact administrator. The compact administrator
12may cooperate with all departments, agencies, and officers of
13this state and its subdivisions in facilitating the proper
14administration of the compact and of any supplementary
15agreement entered into by this state under the compact.
16 Sec. 419. Section 221.4, Code 2023, is amended to read as
17follows:
18221.4 Payments.
19The compact administrator, subject to the approval of the
20director of the department of human services, may make or
21arrange for any payments necessary to discharge any financial
22obligations imposed upon this state by the compact or by any
23supplementary agreement entered into thereunder under the
24compact.
25 Sec. 420. Section 222.1, subsection 2, Code 2023, is amended
26to read as follows:
272. The Glenwood state resource center and the Woodward
28state resource center are established and shall be maintained
29as the state’s regional resource centers for the purpose of
30providing treatment, training, instruction, care, habilitation,
31and support of persons with an intellectual disability or other
32disabilities in this state, and providing facilities, services,
33and other support to the communities located in the region
34being served by a state resource center. In addition, the
35state resource centers are encouraged to serve as a training
-275-1resource for community-based program staff, medical students,
2and other participants in professional education programs. A
3resource center may request the approval of the council on
4human services to change the name of the resource center for
5use in communication with the public, in signage, and in other
6forms of communication.
7 Sec. 421. Section 222.2, Code 2023, is amended to read as
8follows:
9222.2 Definitions.
10When used in this chapter, unless the context otherwise
11requires:
121. “Administrator” means the person assigned by the director
13of human services, in accordance with section 218.1, to control
14the state resource centers.
152. 1. “Auditor” means the county auditor or the auditor’s
16designee.
172. “Council” means the council on health and human services.
183. “Department” means the department of health and human
19services.
204. “Director” means the director of health and human
21services.
224. 5. “Intellectual disability” means the same as defined
23in section 4.1.
245. 6. “Mental health and disability services region” means
25a mental health and disability services region formed in
26accordance with section 331.389.
276. 7. “Regional administrator” means the regional
28administrator of a mental health and disability services
29region, as defined in section 331.388.
307. 8. “Special unit” means a special intellectual
31disability unit established at a state mental health institute
32pursuant to sections 222.88 through 222.91.
338. 9. “State resource centers” or “resource centers” means
34the Glenwood state resource center and the Woodward state
35resource center.
-276- 19. 10. “Superintendents” means the superintendents of the
2state resource centers.
3 Sec. 422. Section 222.3, Code 2023, is amended to read as
4follows:
5222.3 Superintendents.
6The administrator director shall appoint a qualified
7superintendent for each of the resource centers who shall
8receive such salary as the administrator director shall
9determine.
10 Sec. 423. Section 222.4, Code 2023, is amended to read as
11follows:
12222.4 Duties of superintendents.
13The superintendents shall:
141. Perform all duties required by law and by the
15administrator director not inconsistent with law.
162. Oversee and insure individual treatment and professional
17care of each patient in the resource centers.
183. Maintain a full and complete record of the condition of
19each patient in the resource centers.
204. Have custody, control, and management of all patients in
21such manner as deemed best subject to the regulations of the
22administrator department.
23 Sec. 424. Section 222.5, Code 2023, is amended to read as
24follows:
25222.5 Preadmission diagnostic evaluation.
26No A person shall not be eligible for admission to a resource
27center or a special unit until a preadmission diagnostic
28evaluation has been made by a resource center or a special unit
29which confirms or establishes the need for admission.
30 Sec. 425. Section 222.7, Code 2023, is amended to read as
31follows:
32222.7 Transfers.
33The administrator department may transfer patients from one
34state resource center to the other and may at any time transfer
35patients from the resource centers to the hospitals for persons
-277-1with mental illness, or transfer patients in the resource
2centers to a special unit or vice versa. The administrator
3 department may also transfer patients from a hospital for
4persons with mental illness to a resource center if consent is
5given or obtained as follows:
61. In the case of a patient who entered the hospital for
7persons with mental illness voluntarily, consent is given in
8advance by the patient or, if the patient is a minor or is
9incompetent, the person responsible for the patient.
102. In the case of a patient hospitalized pursuant to
11sections 229.6 through 229.15, the consent of the court which
12hospitalized the patient is obtained in advance, rather than
13afterward as otherwise permitted by section 229.15, subsection
144.
15 Sec. 426. Section 222.8, Code 2023, is amended to read as
16follows:
17222.8 Communications by patients.
18Persons admitted to the resource centers or a special
19unit shall have all reasonable opportunity and facility for
20communication with their friends. Such persons shall be
21permitted to write and send letters, provided the letters
22contain nothing of an offensive character. Letters written by
23any patient to the administrator director or to any state or
24county official shall be forwarded unopened.
25 Sec. 427. Section 222.10, Code 2023, is amended to read as
26follows:
27222.10 Duty of peace officer.
28When any person with an intellectual disability departs
29without proper authority from an institution a facility in
30another state and is found in this state, any peace officer in
31any county in which such patient is found may take and detain
32the patient without warrant or order and shall report such
33detention to the administrator department. The administrator
34 department shall provide for the return of the patient to the
35authorities in the state from which the unauthorized departure
-278-1was made. Pending return, such patient may be detained
2temporarily at one of the institutions of this state governed
3by the administrator or by the administrator of the division of
4child and family services of the department of human services
5 department. The provisions of this section relating to the
6administrator department shall also apply to the return of
7other nonresident persons with an intellectual disability
8having legal residency outside the state of Iowa.
9 Sec. 428. Section 222.11, Code 2023, is amended to read as
10follows:
11222.11 Expense.
12All actual and necessary expenses incurred in the taking
13into protective custody, restraint, and transportation of such
14patients to the resource centers shall be paid on itemized
15vouchers, sworn to by the claimants, and approved by the
16superintendent and the administrator director from any moneys
17in the state treasury not otherwise appropriated.
18 Sec. 429. Section 222.13, subsection 2, Code 2023, is
19amended to read as follows:
202. If the resource center does not have an appropriate
21program for the treatment of an adult or minor person with an
22intellectual disability applying under this section or section
23222.13A, the regional administrator for the person’s county of
24residence or the department, as applicable, shall arrange for
25the placement of the person in any public or private facility
26within or without the state, approved by the director of human
27services, which offers appropriate services for the person.
28 If the expenses of the placement are payable in whole or in
29part by a county, the placement shall be made by the regional
30administrator for the county.
31 Sec. 430. Section 222.13A, subsection 1, Code 2023, is
32amended to read as follows:
331. If a minor is believed to be a person with an
34intellectual disability, the minor’s parent, guardian, or
35custodian may apply to the department for admission of the
-279-1minor as a voluntary patient in a state resource center. If
2the resource center does not have appropriate services for the
3minor’s treatment, the department may arrange for the admission
4of the minor in a public or private facility within or without
5the state, approved by the director of human services, which
6offers appropriate services for the minor’s treatment.
7 Sec. 431. Section 222.60, subsection 1, unnumbered
8paragraph 1, Code 2023, is amended to read as follows:
9All necessary and legal expenses for the cost of admission or
10for the treatment, training, instruction, care, habilitation,
11support, and transportation of persons with an intellectual
12disability, as provided for in the applicable regional service
13system management plan implemented pursuant to section 331.393
14in a state resource center, or in a special unit, or any public
15or private facility within or without the state, approved by
16the director of human services, shall be paid by either:
17 Sec. 432. Section 222.64, Code 2023, is amended to read as
18follows:
19222.64 Foreign state or country or unknown residency.
20If the residency of the person is determined by a regional
21administrator on behalf of a county or by the state to be in
22a foreign state or country or is determined to be unknown,
23the regional administrator or the state shall certify the
24determination. The certification shall be accompanied by a
25copy of the evidence supporting the determination. The care of
26the person shall be as arranged by the regional administrator
27or the state. Application for admission may be made pending
28investigation by the administrator department.
29 Sec. 433. Section 222.65, Code 2023, is amended to read as
30follows:
31222.65 Investigation.
32If an application is made for placement of a person in
33a state resource center or special unit, the department’s
34administrator department shall immediately investigate the
35residency of the person and proceed as follows:
-280- 11. If the administrator department concurs with a certified
2determination as to residency of the person in another state
3or in a foreign country, or the person’s residence is unknown
4under section 222.60, the administrator department shall cause
5the person either to be transferred to a resource center or
6a special unit or to be transferred to the place of foreign
7residency.
82. If the administrator department disputes a certified
9determination of residency, the administrator department shall
10order the person transferred to a state resource center or a
11special unit until the dispute is resolved.
123. If the administrator department disputes a certified
13determination of residency, the administrator department shall
14utilize the procedure provided in section 331.394 to resolve
15the dispute. A determination of the person’s residency status
16made pursuant to section 331.394 is conclusive.
17 Sec. 434. Section 222.66, Code 2023, is amended to read as
18follows:
19222.66 Transfers — no residency in state or residency
20unknown — expenses.
21The transfer to a resource center or a special unit or to the
22place of residency of a person with an intellectual disability
23who has no residence in this state or whose residency is
24unknown, shall be made in accordance with such directions as
25shall be prescribed by the administrator director and when
26practicable by employees of the state resource center or the
27special unit. The actual and necessary expenses of such
28transfers shall be paid by the department on itemized vouchers
29sworn to by the claimants and approved by the administrator
30 director and the approved amount is appropriated to the
31department from any funds in the state treasury not otherwise
32appropriated.
33 Sec. 435. Section 222.67, Code 2023, is amended to read as
34follows:
35222.67 Charge on finding of residency.
-281- 1If a person has been received into a resource center or a
2special unit as a patient whose residency is unknown and the
3administrator director determines that the residency of the
4patient was at the time of admission in a county of this state,
5the administrator director shall certify the determination and
6charge all legal costs and expenses pertaining to the admission
7and support of the patient to the county of residence. The
8certification shall be sent to the county of residence. The
9certification shall be accompanied by a copy of the evidence
10supporting the determination. If the person’s residency status
11has been determined in accordance with section 331.394, the
12legal costs and expenses shall be charged to the county in
13accordance with that determination. The costs and expenses
14shall be collected as provided by law in other cases.
15 Sec. 436. Section 222.69, Code 2023, is amended to read as
16follows:
17222.69 Payment by state.
18The amount necessary to pay the necessary and legal expenses
19of admission of a person to a resource center or a special unit
20when the person’s residence is outside this state or is unknown
21is appropriated to the department from any moneys in the state
22treasury not otherwise appropriated. Such payments shall be
23made by the department on itemized vouchers executed by the
24auditor of the county from which the expenses have been paid
25and approved by the administrator director or the director’s
26designee.
27 Sec. 437. Section 222.73, subsection 5, Code 2023, is
28amended to read as follows:
295. A superintendent of a resource center or special unit
30may request that the director of human services enter into a
31contract with a person for the resource center or special unit
32to provide consultation or treatment services or for fulfilling
33other purposes which are consistent with the purposes stated in
34section 222.1. The contract provisions shall include charges
35which reflect the actual cost of providing the services. Any
-282-1income from a contract authorized under this subsection may
2be retained by the resource center or special unit to defray
3the costs of providing the services or fulfilling the other
4purposes. Except for a contract voluntarily entered into by a
5county under this subsection, the costs or income associated
6with a contract authorized under this subsection shall not
7be considered in computing charges and per diem costs in
8accordance with the provisions of subsections 1 through 4.
9 Sec. 438. Section 222.78, Code 2023, is amended to read as
10follows:
11222.78 Parents and others liable for support.
121. The father and mother of any patient admitted to a
13resource center or to a special unit, as either an inpatient
14or an outpatient, and any person, firm, or corporation bound
15by contract made for support of the patient are liable for the
16support of the patient. The patient and those legally bound
17for the support of the patient shall be liable to the county or
18state, as applicable, for all sums advanced in accordance with
19the provisions of sections 222.60 and 222.77.
202. The liability of any person, other than the patient,
21who is legally bound for the support of a patient who is
22under eighteen years of age in a resource center or a special
23unit shall not exceed the average minimum cost of the care
24of a normally intelligent minor without a an intellectual
25 disability of the same age and sex as the minor patient. The
26administrator department shall establish the scale for this
27purpose but the scale shall not exceed the standards for
28personal allowances established by the state division under
29the family investment program. The father or mother shall
30incur liability only during any period when the father or
31mother either individually or jointly receive a net income
32from whatever source, commensurate with that upon which they
33would be liable to make an income tax payment to this state.
34The father or mother of a patient shall not be liable for the
35support of the patient upon the patient attaining eighteen
-283-1years of age. Nothing in this section shall be construed to
2prevent a relative or other person from voluntarily paying the
3full actual cost as established by the administrator department
4 for caring for the patient with an intellectual disability.
5 Sec. 439. Section 222.84, Code 2023, is amended to read as
6follows:
7222.84 Patients’ personal deposit fund.
8There is hereby established at each resource center and
9special unit a fund which shall be known as the “patients’
10personal deposit fund”; provided that in. In the case of
11a special unit, the director may direct that the patients’
12personal deposit fund be maintained and administered as a part
13of the fund established, pursuant to sections 226.43 through
14226.46, by the state mental health institute where the special
15unit is located.
16 Sec. 440. Section 222.86, Code 2023, is amended to read as
17follows:
18222.86 Payment for care from fund.
19If a patient is not receiving medical assistance under
20chapter 249A and the amount in the account of any patient
21in the patients’ personal deposit fund exceeds two hundred
22dollars, the business manager of the resource center or special
23unit department may apply any amount of the excess to reimburse
24the county of residence or the state for liability incurred by
25the county or the state for the payment of care, support, and
26maintenance of the patient, when billed by the county or state,
27as applicable.
28 Sec. 441. Section 222.87, Code 2023, is amended to read as
29follows:
30222.87 Deposit in bank.
31The business manager department shall deposit the patients’
32personal deposit fund in a commercial account of a bank of
33reputable standing. When deposits in the commercial account
34exceed average monthly withdrawals, the business manager
35 department may deposit the excess at interest. The savings
-284-1account shall be in the name of the patients’ personal deposit
2fund and interest paid thereon on the account may be used for
3recreational purposes for the patients at the resource center
4or special unit.
5 Sec. 442. Section 222.88, Code 2023, is amended to read as
6follows:
7222.88 Special intellectual disability unit.
8The director of human services may organize and establish a
9special intellectual disability unit at an existing institution
10which may provide:
111. Psychiatric and related services to children with an
12intellectual disability and adults who are also emotionally
13disturbed with an emotional disturbance or otherwise mentally
14ill a mental illness.
152. Specific programs to meet the needs of such other special
16categories of persons with an intellectual disability as may
17be designated by the director.
183. Appropriate diagnostic evaluation services.
19 Sec. 443. Section 225.1, subsection 2, Code 2023, is amended
20by adding the following new paragraph:
21 NEW PARAGRAPH. c. “Respondent” means the same as defined
22in section 229.1.
23 Sec. 444. Section 225.5, Code 2023, is amended to read as
24follows:
25225.5 Cooperation of hospitals.
26The medical director of the state psychiatric hospital
27shall seek to bring about systematic cooperation between the
28several state hospitals for persons with mental illness health
29institutes and the state psychiatric hospital.
30 Sec. 445. Section 225.26, Code 2023, is amended to read as
31follows:
32225.26 Private patients — disposition of funds.
33All moneys collected from private patients shall be used for
34the support of the said state psychiatric hospital.
35 Sec. 446. Section 225.28, Code 2023, is amended to read as
-285-1follows:
2225.28 Appropriation.
3The state shall pay to the state psychiatric hospital, out of
4any moneys in the state treasury not otherwise appropriated,
5all expenses for the administration of the hospital, and for
6the care, treatment, and maintenance of committed and voluntary
7public patients therein in the state psychiatric hospital,
8including their clothing and all other expenses of the hospital
9for the public patients. The bills for the expenses shall be
10rendered monthly in accordance with rules agreed upon by the
11director of the department of administrative services and the
12state board of regents.
13 Sec. 447. Section 225.33, Code 2023, is amended to read as
14follows:
15225.33 Death of patient — disposal of body.
16In the event that a When a committed public patient or
17a voluntary public patient or a committed private patient
18should die dies while at the state psychiatric hospital or
19at the university hospital, the state psychiatric hospital
20shall have the body prepared for shipment in accordance with
21the rules prescribed by the state board of health council on
22health and human services for shipping such bodies; and it
23shall be. It is the duty of the state board of regents to make
24arrangements for the embalming and such other preparation as
25may be necessary to comply with the rules and for the purchase
26of suitable caskets.
27 Sec. 448. Section 225.35, Code 2023, is amended to read as
28follows:
29225.35 Expense collected.
30In the event that the said When a person is a committed
31private patient, it shall be is the duty of the county
32auditor of the proper county to proceed to collect all of such
33expenses, in accordance with the provisions of sections 225.23
34and 225.24.
35 Sec. 449. Section 225C.2, Code 2023, is amended to read as
-286-1follows:
2225C.2 Definitions.
3As used in this chapter:
41. “Administrator” means the administrator of the division.
52. 1. “Child” or “children” means a person or persons under
6eighteen years of age.
73. 2. “Children’s behavioral health services” means services
8for children with a serious emotional disturbance.
94. 3. “Children’s behavioral health system” or “children’s
10system” means the behavioral health service system for children
11implemented pursuant to this subchapter.
125. 4. “Commission” means the mental health and disability
13services commission.
145. “Council” means the council on health and human services.
156. “Department” means the department of health and human
16services.
177. “Director” means the director of health and human
18services.
198. “Disability services” means services and other support
20available to a person with mental illness, an intellectual
21disability or other developmental disability, or brain injury.
229. “Division” means the division of mental health and
23disability services of the department.
2410. 9. “Mental health and disability services region”
25means a mental health and disability services region formed in
26accordance with section 331.389.
2711. 10. “Mental health and disability services regional
28service system” means the mental health and disability service
29system for a mental health and disability services region.
3012. 11. “Regional administrator” means the same as defined
31in section 331.388.
3213. 12. “Serious emotional disturbance” means a diagnosable
33mental, behavioral, or emotional disorder of sufficient
34duration to meet diagnostic criteria specified within the most
35current diagnostic and statistical manual of mental disorders
-287-1published by the American psychiatric association that results
2in a functional impairment. “Serious emotional disturbance”
3does not include substance use or developmental disorders
4unless those disorders co-occur with such a diagnosable mental,
5behavioral, or emotional disorder.
614. 13. “State board” means the children’s behavioral
7health system state board created in section 225C.51.
8 Sec. 450. Section 225C.3, Code 2023, is amended to read as
9follows:
10225C.3 Division of mental health and disability services
11 Department — state mental health authority.
121. The division department is designated the state mental
13health authority as defined in 42 U.S.C. §201(m) (1976) for
14the purpose of directing the benefits of the National Mental
15Health Act, 42 U.S.C. §201 et seq. This designation does
16not preclude the state board of regents from authorizing or
17directing any institution under its jurisdiction to carry out
18educational, prevention, and research activities in the areas
19of mental health and intellectual disability. The division
20 department may contract with the state board of regents or any
21institution under the board’s jurisdiction to perform any of
22these functions.
232. The division department is designated the state
24developmental disabilities agency for the purpose of directing
25the benefits of the federal Developmental Disabilities
26Assistance and Bill of Rights Act, 42 U.S.C. §15001 et seq.
273. The division is administered by the administrator. The
28administrator of the division shall be qualified in the general
29field of mental health, intellectual disability, or other
30disability services, and preferably in more than one field.
31The administrator shall have at least five years of experience
32as an administrator in one or more of these fields.
33 Sec. 451. Section 225C.4, Code 2023, is amended to read as
34follows:
35225C.4 Administrator’s Department duties.
-288- 11. To the extent funding is available, the administrator
2 department shall perform the following duties:
3a. Prepare and administer the comprehensive mental health
4and disability services plan as provided in section 225C.6B,
5including state mental health and intellectual disability
6plans for the provision of disability services within the
7state and the state developmental disabilities plan. The
8administrator department shall take into account any related
9planning activities implemented by the Iowa department of
10public health, the state board of regents or a body designated
11by the board for that purpose, the department of management
12or a body designated by the director of the department for
13that purpose, the department of education, the department of
14workforce development and any other appropriate governmental
15body, in order to facilitate coordination of disability
16services provided in this state. The state mental health and
17intellectual disability plans shall be consistent with the
18state health plan, and shall take into account mental health
19and disability services regional service system management
20plans.
21b. Assist mental health and disability services region
22governing boards and regional administrators in planning for
23community-based disability services.
24c. Assist the state board in planning for community-based
25children’s behavioral health services.
26d. Emphasize the provision of evidence-based outpatient and
27community support services by community mental health centers
28and local intellectual disability providers as a preferable
29alternative to acute inpatient services and services provided
30in large institutional settings.
31e. Encourage and facilitate coordination of mental health
32and disability services with the objective of developing
33and maintaining in the state a mental health and disability
34service delivery system to provide services to all persons
35in this state who need the services, regardless of the place
-289-1of residence or economic circumstances of those persons.
2The administrator department shall work with the commission
3and other state agencies, including but not limited to the
4departments of corrections, and education, and public health
5and the state board of regents, to develop and implement a
6strategic plan to expand access to qualified mental health
7workers across the state.
8f. Encourage and facilitate applied research and preventive
9educational activities related to causes and appropriate
10treatment for disabilities. The administrator department may
11designate, or enter into agreements with, private or public
12agencies to carry out this function.
13g. Coordinate community-based services with those of the
14state mental health institutes and state resource centers.
15h. Administer state programs regarding the care, treatment,
16and supervision of persons with mental illness or an
17intellectual disability, except the programs administered by
18the state board of regents.
19i. Administer and distribute state appropriations in
20connection with the mental health and disability services
21regional service fund established by section 225C.7A.
22j. Act as compact administrator with power to effectuate the
23purposes of interstate compacts on mental health.
24k. Establish and maintain a data collection and management
25information system oriented to the needs of patients,
26providers, the department, and other programs or facilities in
27accordance with section 225C.6A. The system shall be used to
28identify, collect, and analyze service outcome and performance
29measures data in order to assess the effects of the services
30on the persons utilizing the services. The administrator
31 department shall annually submit to the commission information
32collected by the department indicating the changes and trends
33in the mental health and disability services system. The
34administrator department shall make the outcome data available
35to the public.
-290- 1l. Encourage and facilitate coordination of children’s
2behavioral health services with the objective of developing
3and maintaining in the state a children’s behavioral health
4system to provide behavioral health services to all children
5in this state who need the services, regardless of the place
6of residence or economic circumstances of those children.
7The administrator department shall work with the state board
8and other state agencies including but not limited to the
9department of education and the department of public health
10 to develop and implement a strategic plan to expand access to
11qualified mental health workers across the state.
12m. Establish and maintain a data collection and management
13information system oriented to the needs of children utilizing
14the children’s behavioral health system, providers, the
15department, and other programs or facilities in accordance
16with section 225C.6A. The system shall be used to identify,
17collect, and analyze service outcome and performance measures
18data in order to assess the effects of the services on the
19children utilizing the services. The administrator department
20 shall annually submit to the state board information collected
21by the department indicating the changes and trends in the
22children’s behavioral health system. The administrator
23 department shall make the outcome data available to the public.
24n. Prepare a division budget and reports of the division’s
25 department’s activities.
26o. Establish suitable agreements with other state
27agencies to encourage appropriate care and to facilitate the
28coordination of disability services.
29p. Provide consultation and technical assistance to
30patients’ advocates appointed pursuant to section 229.19,
31in cooperation with the judicial branch and the certified
32volunteer long-term care ombudsmen certified pursuant to
33section 231.45.
34q. Provide technical assistance to agencies and
35organizations, to aid them in meeting standards which are
-291-1established, or with which compliance is required, under
2statutes administered by the administrator department,
3including but not limited to chapters 227 and 230A.
4r. Recommend to the commission minimum accreditation
5standards for the maintenance and operation of community mental
6health centers, services, and programs under section 230A.110.
7The administrator’s department’s review and evaluation of the
8centers, services, and programs for compliance with the adopted
9standards shall be as provided in section 230A.111.
10s. Recommend to the commission minimum standards for
11supported community living services. The administrator
12 department shall review and evaluate the services for
13compliance with the adopted standards.
14t. In cooperation with the department of inspections and
15appeals, recommend minimum standards under section 227.4 for
16the care of and services to persons with mental illness or an
17intellectual disability residing in county care facilities.
18The administrator department shall also cooperate with the
19department of inspections and appeals in recommending minimum
20standards for care of and services provided to persons with
21mental illness or an intellectual disability living in a
22residential care facility regulated under chapter 135C.
23u. In cooperation with the Iowa department of public health,
24recommend Recommend minimum standards for the maintenance and
25operation of public or private facilities offering disability
26services, which are not subject to licensure by the department
27or the department of inspections and appeals.
28v. Provide technical assistance concerning disability
29services and funding to mental health and disability services
30region governing boards and regional administrators.
31w. Coordinate with the mental health planning and advisory
32council created pursuant to 42 U.S.C. §300x-3 to ensure the
33council membership includes representation by a military
34veteran who is knowledgeable concerning the behavioral and
35mental health issues of veterans.
-292- 1x. Enter into performance-based contracts with
2regional administrators as described in section 331.390.
3A performance-based contract shall require a regional
4administrator to fulfill the statutory and regulatory
5requirements of the regional service system under this chapter
6and chapter 331. A failure to fulfill the requirements may be
7addressed by remedies specified in the contract, including but
8not limited to suspension of contract payments or cancellation
9of the contract. The contract provisions may include but are
10not limited to requirements for the regional service system
11to attain outcomes within a specified range of acceptable
12performance in any of the following categories:
13(1) Access standards for the required core services.
14(2) Penetration rates for serving the number of persons
15expected to be served.
16(3) Utilization rates for inpatient and residential
17treatment.
18(4) Readmission rates for inpatient and residential
19treatment.
20(5) Employment of the persons receiving services.
21(6) Administrative costs.
22(7) Data reporting.
23(8) Timely and accurate claims processing.
24(9) School attendance.
25y. Provide information through the internet concerning
26waiting lists for services implemented by mental health and
27disability services regions.
282. The administrator department may:
29a. Apply for, receive, and administer federal aids, grants,
30and gifts for purposes relating to disability services or
31programs.
32b. Establish and supervise suitable standards of care,
33treatment, and supervision for persons with disabilities in
34all institutions under the control of the director of human
35services.
-293- 1c. Appoint professional consultants to furnish advice on
2any matters pertaining to disability services. The consultants
3shall be paid as provided by an appropriation of the general
4assembly.
5d. Administer a public housing unit within a bureau of
6the division program to apply for, receive, and administer
7federal assistance, grants, and other public or private funds
8for purposes related to providing housing in accordance with
9section 225C.45.
10 Sec. 452. Section 225C.5, subsection 1, paragraph j, Code
112023, is amended to read as follows:
12j. One member shall be an active board member of an agency
13serving persons with a substance abuse problem use disorder
14 selected from nominees submitted by the Iowa behavioral health
15association.
16 Sec. 453. Section 225C.6, Code 2023, is amended to read as
17follows:
18225C.6 Duties of commission.
191. To the extent funding is available, the commission shall
20perform the following duties:
21a. Advise the administrator department on the administration
22of the overall state disability services system.
23b. Pursuant to recommendations made for this purpose by
24the administrator director, adopt necessary rules pursuant to
25chapter 17A which relate to disability programs and services,
26including but not limited to definitions of each disability
27included within the term “disability services” as necessary for
28purposes of state, county, and regional planning, programs, and
29services.
30c. Adopt standards for community mental health centers,
31services, and programs as recommended under section 230A.110.
32The administrator department shall determine whether to grant,
33deny, or revoke the accreditation of the centers, services, and
34programs.
35d. Adopt standards for the provision under the medical
-294-1assistance program of individual case management services.
2e. Unless another governmental body sets standards for a
3service available to persons with disabilities, adopt state
4standards for that service. The commission shall review the
5licensing standards used by the department of human services
6 or department of inspections and appeals for those facilities
7providing disability services.
8f. Assure that proper reconsideration and appeal procedures
9are available to persons aggrieved by decisions, actions, or
10circumstances relating to accreditation.
11g. Adopt necessary rules for awarding grants from the state
12and federal government as well as other moneys that become
13available to the division department for grant purposes.
14h. Annually submit to the governor and the general assembly:
15(1) A report concerning the activities of the commission.
16(2) Recommendations formulated by the commission for
17changes in law.
18i. By January 1 of each odd-numbered year, submit to the
19governor and the general assembly an evaluation of:
20(1) The extent to which services to persons with
21disabilities are actually available to persons in each county
22and mental health and disability services region in the state
23and the quality of those services.
24(2) The effectiveness of the services being provided by
25disability service providers in this state and by each of the
26state mental health institutes established under chapter 226
27and by each of the state resource centers established under
28chapter 222.
29j. Advise the administrator director, the council on human
30services, the governor, and the general assembly on budgets and
31appropriations concerning disability services.
32k. Coordinate activities with the Iowa developmental
33disabilities council and the mental health planning council,
34created pursuant to federal law. The commission shall work
35with other state agencies on coordinating, collaborating, and
-295-1communicating concerning activities involving persons with
2disabilities.
3l. Pursuant to a recommendation made by the administrator
4 department, identify basic financial eligibility standards
5for the disability services provided by a mental health and
6disability services region. The initial standards shall be as
7specified in chapter 331.
8m. Identify disability services outcomes and indicators to
9support the ability of eligible persons with a disability to
10live, learn, work, and recreate in communities of the persons’
11choice. The identification duty includes but is not limited to
12responsibility for identifying, collecting, and analyzing data
13as necessary to issue reports on outcomes and indicators at the
14county, region, and state levels.
152. Notwithstanding section 217.3, subsection 6, the
16commission may adopt the rules authorized by subsection 1,
17pursuant to chapter 17A, without prior review and approval of
18those rules by the council on human services.
193. If the executive branch creates a committee, task
20force, council, or other advisory body to consider disability
21services policy or program options involving children or adult
22consumers, the commission is designated to receive and consider
23any report, findings, recommendations, or other work product
24issued by such body. The commission may address the report,
25findings, recommendations, or other work product in fulfilling
26the commission’s functions and to advise the department,
27council on human services, governor, and general assembly
28concerning disability services.
294. a. The department shall coordinate with the
30department of inspections and appeals in the establishment of
31facility-based and community-based, subacute mental health
32services.
33b. A person shall not provide community-based, subacute
34mental health services unless the person has been accredited
35to provide the services. The commission shall adopt standards
-296-1for subacute mental health services and for accreditation of
2providers of community-based, subacute mental health services.
3c. As used in this subsection, “subacute mental health
4services” means all of the following:
5(1) A comprehensive set of wraparound services for persons
6who have had or are at imminent risk of having acute or
7crisis mental health symptoms that do not permit the persons
8to remain in or threatens removal of the persons from their
9home and community, but who have been determined by a mental
10health professional and a licensed health care professional,
11subject to the professional’s scope of practice, not to need
12inpatient acute hospital services. For the purposes of this
13subparagraph, “mental health professional” means the same as
14defined in section 228.1 and “licensed health care professional”
15means a person licensed under chapter 148 to practice medicine
16and surgery or osteopathic medicine and surgery, an advanced
17registered nurse practitioner licensed under chapter 152 or
18152E, or a physician assistant licensed to practice under the
19supervision of a physician as authorized in chapters 147 and
20148C.
21(2) Intensive, recovery-oriented treatment and monitoring
22of the person with direct or remote access to a psychiatrist or
23advanced registered nurse practitioner.
24(3) An outcome-focused, interdisciplinary approach designed
25to return the person to living successfully in the community.
26(4) Services that may be provided in a wide array of
27settings ranging from the person’s home to a facility providing
28subacute mental health services.
29(5) Services that are time limited to not more than ten
30days or another time period determined in accordance with rules
31adopted for this purpose.
32d. Subacute mental health services and the standards for
33the services shall be established in a manner that allows for
34accessing federal Medicaid funding.
35 Sec. 454. Section 225C.6B, Code 2023, is amended to read as
-297-1follows:
2225C.6B Mental health and disability services system —
3legislative intent — comprehensive plan — state and regional
4service systems.
51. Intent.
6a. The general assembly intends for the state to implement
7a comprehensive, continuous, and integrated state mental
8health and disability services plan in accordance with
9the requirements of sections 225C.4 and 225C.6 and other
10provisions of this chapter, by increasing the department’s
11responsibilities in the development, funding, oversight, and
12ongoing leadership of mental health and disability services in
13this state.
14b. In order to further the purposes listed in section 225C.1
15and in other provisions of this chapter, the general assembly
16intends that efforts focus on the goal of making available a
17comprehensive array of high-quality, evidence-based consumer
18and family-centered mental health and disability services and
19other support in the least restrictive, community-based setting
20appropriate for a consumer.
21c. In addition, it is the intent of the general assembly
22to promote policies and practices that achieve for consumers
23the earliest possible detection of mental health problems and
24the need for disability services and for early intervention;
25to stress that all health care programs address mental health
26disorders with the same urgency as physical health disorders;
27to promote the policies of all public programs that serve
28adults and children with mental disorders or with a need
29for disability services, including but not limited to child
30welfare, Medicaid, education, housing, criminal and juvenile
31justice, substance abuse use disorder treatment, and employment
32services; to consider the special mental health and disability
33services needs of adults and children; and to promote recovery
34and resiliency as expected outcomes for all consumers.
352. Comprehensive plan. The division department shall
-298-1develop a comprehensive written five-year state mental health
2and disability services plan with annual updates and readopt
3the plan every five years. The plan shall describe the key
4components of the state’s mental health and disability services
5system, including the services that are community-based, state
6institution-based, or regional or state-based. The five-year
7plan and each update shall be submitted annually to the
8commission on or before October 30 for review and approval.
93. State and regional disability service systems. The
10publicly financed disability services for persons with mental
11illness, intellectual disability or other developmental
12disability, or brain injury in this state shall be provided by
13the department and the counties operating together as regions.
14The financial and administrative responsibility for such
15services is as follows:
16a. Disability services for children and adults that are
17covered under the medical assistance program pursuant to
18chapter 249A are the responsibility of the state.
19b. Adult mental health and intellectual disability services
20that are not covered under the medical assistance program are
21the responsibility of the county-based regional service system.
22c. Children’s behavioral health services provided to
23eligible children that are not covered under the medical
24assistance program or other third-party payor are the
25responsibility of the county-based regional service system.
26 Sec. 455. Section 225C.6C, Code 2023, is amended to read as
27follows:
28225C.6C Regional service system — regulatory requirements.
291. The departments department and the department of
30inspections, and appeals, human services, and public health and
31licensing shall comply with the requirements of this section in
32their efforts to improve the regulatory requirements applied
33to the mental health and disability services regional service
34system administration and service providers.
352. The three departments shall work together to establish
-299-1a process to streamline accreditation, certification, and
2licensing standards applied to the regional service system
3administration and service providers.
43. The departments of human services and inspections and
5appeals shall jointly review the standards and inspection
6process applicable to residential care facilities.
74. The three departments shall do all of the following in
8developing regulatory requirements applicable to the regional
9service system administration and service providers:
10a. Consider the costs to regional administrators and
11providers in the development of quality monitoring efforts.
12b. Implement the use of uniform, streamlined, and statewide
13cost reporting standards and tools by the regional service
14system and the department of human services.
15c. Make quality monitoring information, including services,
16quality, and location information, easily available and
17understandable to all citizens.
18d. Establish standards that are clearly understood and are
19accompanied by interpretive guidelines to support understanding
20by those responsible for applying the standards.
21e. Develop a partnership with providers in order to
22improve the quality of services and develop mechanisms for the
23provision of technical assistance.
24f. Develop consistent data collection efforts based on
25statewide standards and make information available to all
26providers. The efforts under this paragraph shall be made with
27representatives of the Iowa state association of counties.
28g. Evaluate existing provider qualification and monitoring
29efforts to identify duplication and gaps, and align the efforts
30with valued outcomes.
31h. Streamline and enhance existing standards.
32i. Consider allowing providers to seek accreditation from
33a national accrediting body in lieu of state accreditation or
34certification.
35 Sec. 456. Section 225C.7A, subsection 7, Code 2023, is
-300-1amended to read as follows:
27. a. For the fiscal year beginning July 1, 2021, each
3mental health and disability services region for which the
4amount certified during the fiscal year under section 331.391,
5subsection 4, paragraph “b”, exceeds forty percent of the actual
6expenditures of the region for the fiscal year preceding the
7fiscal year in progress, the remaining quarterly payments of
8the region’s regional service payment shall be reduced by
9an amount equal to the amount by which the region’s amount
10certified under section 331.391, subsection 4, paragraph “b”,
11exceeds forty percent of the actual expenditures of the region
12for the fiscal year preceding the fiscal year in progress, but
13the amount of the reduction shall not exceed the total amount
14of the region’s regional service payment for the fiscal year.
15If the region’s remaining quarterly payments are insufficient
16to effectuate the required reductions under this paragraph, the
17region is required to pay to the department of human services
18 any amount for which the reduction in quarterly payments could
19not be made. The amount of reductions to quarterly payments
20and amounts paid to the department under this paragraph shall
21be transferred and credited to the region incentive fund under
22subsection 8.
23b. For the fiscal year beginning July 1, 2022, each mental
24health and disability services region for which the amount
25certified during the fiscal year under section 331.391,
26subsection 4, paragraph “b”, exceeds twenty percent of the
27actual expenditures of the region for the fiscal year preceding
28the fiscal year in progress, the remaining quarterly payments
29of the region’s regional service payment shall be reduced by
30an amount equal to the amount by which the region’s amount
31certified under section 331.391, subsection 4, paragraph “b”,
32exceeds twenty percent of the actual expenditures of the region
33for the fiscal year preceding the fiscal year in progress, but
34the amount of the reduction shall not exceed the total amount
35of the region’s regional service payment for the fiscal year.
-301-1If the region’s remaining quarterly payments are insufficient
2to effectuate the required reductions under this paragraph, the
3region is required to pay to the department of human services
4 any amount for which the reduction in quarterly payments could
5not be made. The amount of reductions to quarterly payments
6and amounts paid to the department under this paragraph shall
7be transferred and credited to the region incentive fund under
8subsection 8.
9c. For the fiscal year beginning July 1, 2023, and each
10succeeding fiscal year, each mental health and disability
11services region for which the amount certified during the
12fiscal year under section 331.391, subsection 4, paragraph “b”,
13exceeds five percent of the actual expenditures of the region
14for the fiscal year preceding the fiscal year in progress, the
15remaining quarterly payments of the region’s regional service
16payment shall be reduced by an amount equal to the amount by
17which the region’s amount certified under section 331.391,
18subsection 4, paragraph “b”, exceeds five percent of the actual
19expenditures of the region for the fiscal year preceding the
20fiscal year in progress, but the amount of the reduction
21shall not exceed the total amount of the region’s regional
22service payment for the fiscal year. If the region’s remaining
23quarterly payments are insufficient to effectuate the required
24reductions under this paragraph, the region is required to
25pay to the department of human services any amount for which
26the reduction in quarterly payments could not be made. The
27amount of reductions to quarterly payments and amounts paid to
28the department under this paragraph shall be transferred and
29credited to the region incentive fund under subsection 8.
30 Sec. 457. Section 225C.13, Code 2023, is amended to read as
31follows:
32225C.13 Authority to establish and lease facilities.
331. The administrator assigned, in accordance with section
34218.1, to control the state mental health institutes and the
35state resource centers department may enter into agreements
-302-1under which a facility or portion of a facility administered by
2the administrator department under section 218.1 is leased to a
3department or a division of state government, a county or group
4of counties, a mental health and disability services region, or
5a private nonprofit corporation organized under chapter 504. A
6lease executed under this section shall require that the lessee
7use the leased premises to deliver either disability services
8or other services normally delivered by the lessee.
92. The division administrator director may work with the
10appropriate administrator of the department’s institutions to
11establish mental health and intellectual disability services
12for all institutions under the control of the director of human
13services and to establish an autism unit, following mutual
14planning and consultation with the medical director of the
15state psychiatric hospital, at an institution or a facility
16administered by the department to provide psychiatric and
17related services and other specific programs to meet the needs
18of autistic persons with autism, and to furnish appropriate
19diagnostic evaluation services.
20 Sec. 458. Section 225C.19, Code 2023, is amended to read as
21follows:
22225C.19 Emergency mental health crisis services system.
231. For the purposes of this section:
24a. “Emergency mental health crisis services provider” means
25a provider accredited or approved by the department to provide
26emergency mental health crisis services.
27b. “Emergency mental health crisis services system” or
28“services system” means a coordinated array of crisis services
29for providing a response to assist an individual adult or child
30who is experiencing a mental health crisis or who is in a
31situation that is reasonably likely to cause the individual to
32have a mental health crisis unless assistance is provided.
332. a. The division department shall implement an emergency
34mental health crisis services system in consultation with
35counties, and community mental health centers and other mental
-303-1health and social service providers, in accordance with this
2section.
3b. The purpose of the services system is to provide a
4statewide array of time-limited intervention services to reduce
5escalation of crisis situations, relieve the immediate distress
6of individuals experiencing a crisis situation, reduce the risk
7of individuals in a crisis situation doing harm to themselves
8or others, and promote timely access to appropriate services
9for those who require ongoing mental health services.
10c. The services system shall be available twenty-four hours
11per day, seven days per week to any individual who is in or is
12determined by others to be in a crisis situation, regardless of
13whether the individual has been diagnosed with a mental illness
14or a co-occurring mental illness and substance abuse use
15 disorder. The system shall address all ages, income levels,
16and health coverage statuses.
17d. The goals of an intervention offered by a provider
18under the services system shall include but are not limited to
19symptom reduction, stabilization of the individual receiving
20the intervention, and restoration of the individual to a
21previous level of functioning.
22e. The elements of the services system shall be specified in
23administrative rules adopted by the commission.
243. The services system elements shall include but are not
25limited to all of the following:
26a. Standards for accrediting or approving emergency mental
27health crisis services providers. Such providers may include
28but are not limited to a community mental health center
29designated under chapter 230A, a unit of the department or
30other state agency, a county, a mental health and disability
31services region, or any other public or private provider who
32meets the accreditation or approval standards for an emergency
33mental health crisis services provider.
34b. Identification by the division department of geographic
35regions, groupings of mental health and disability services
-304-1regions, service areas, or other means of distributing and
2organizing the emergency mental health crisis services system
3to ensure statewide availability of the services.
4c. Coordination of emergency mental health crisis services
5with all of the following:
6(1) The district and juvenile courts.
7(2) Law enforcement.
8(3) Judicial district departments of correctional services.
9(4) Mental health and disability services regions.
10(5) Other mental health, substance abuse use disorder, and
11co-occurring mental illness and substance abuse use disorder
12 services available through the state and counties to serve both
13children and adults.
14d. Identification of basic services to be provided through
15each accredited or approved emergency mental health crisis
16services provider which may include but are not limited to
17face-to-face crisis intervention, stabilization, support,
18counseling, preadmission screening for individuals who may
19require psychiatric hospitalization, transportation, and
20follow-up services.
21e. Identification of operational requirements for emergency
22mental health crisis services provider accreditation or
23approval which may include providing a telephone hotline,
24mobile crisis staff, collaboration protocols, follow-up with
25community services, information systems, and competency-based
26training.
274. The division department shall initially implement
28the program through a competitive block grant process.
29The implementation shall be limited to the extent of the
30appropriations provided for the program.
31 Sec. 459. Section 225C.19A, Code 2023, is amended to read
32as follows:
33225C.19A Crisis stabilization programs.
34The department shall accredit, certify, or apply standards
35of review to authorize the operation of crisis stabilization
-305-1programs, including crisis stabilization programs operating
2in a psychiatric medical institution for children pursuant
3to chapter 135H that provide children with mental health,
4substance abuse use disorder, and co-occurring mental health
5and substance abuse use disorder services. In authorizing the
6operation of a crisis stabilization program, the department
7shall apply the relevant requirements for an emergency mental
8health crisis services provider and system under section
9225C.19. A program authorized to operate under this section is
10not required to be licensed under chapter 135B, 135C, 135G, or
11135H, or certified under chapter 231C. The commission shall
12adopt rules to implement this section. The department shall
13accept accreditation of a crisis stabilization program by a
14national accrediting organization in lieu of applying the rules
15adopted in accordance with this section to the program.
16 Sec. 460. Section 225C.20, Code 2023, is amended to read as
17follows:
18225C.20 Responsibilities of mental health and disability
19services regions for individual case management services.
20Individual case management services funded under the medical
21assistance program shall be provided by the department except
22when a county or a consortium of counties contracts with the
23department to provide the services. A regional administrator
24may contract for one or more counties of the region to be
25the provider at any time and the department shall agree to
26the contract so long as the contract meets the standards for
27case management adopted by the department. The regional
28administrator may subcontract for the provision of case
29management services so long as the subcontract meets the same
30standards. A regional administrator may change the provider
31of individual case management services at any time. If the
32current or proposed contract is with the department, the
33regional administrator shall provide written notification of
34a change at least ninety days before the date the change will
35take effect.
-306-1 Sec. 461. Section 225C.21, Code 2023, is amended to read as
2follows:
3225C.21 Supported community living services.
41. As used in this section, “supported community living
5services” means services provided in a noninstitutional
6setting to adult persons with mental illness, an intellectual
7disability, or developmental disabilities to meet the persons’
8daily living needs.
92. The commission shall adopt rules pursuant to chapter 17A
10establishing minimum standards for supported community living
11services. The administrator department shall determine whether
12to grant, deny, or revoke approval for any supported community
13living service.
143. Approved supported community living services may receive
15funding from the state, federal and state social services block
16grant funds, and other appropriate funding sources, consistent
17with state legislation and federal regulations. The funding
18may be provided on a per diem, per hour, or grant basis, as
19appropriate.
20 Sec. 462. Section 225C.23, Code 2023, is amended to read as
21follows:
22225C.23 Brain injury recognized as disability.
231. The department of human services, the Iowa department of
24public health, the department of education and its divisions
25 division of special education and of the department of
26education, the division of vocational rehabilitation services
27of the department of workforce development,the department of
28human rights and its division for persons with disabilities,
29 the department for the blind, and all other state agencies
30which serve persons with brain injuries, shall recognize brain
31injury as a distinct disability and shall identify those
32persons with brain injuries among the persons served by the
33state agency.
342. For the purposes of this section, “brain injury” means
35the same as defined in section 135.22.
-307-1 Sec. 463. Section 225C.29, Code 2023, is amended to read as
2follows:
3225C.29 Compliance.
4Except for a violation of section 225C.28B, subsection
52, the sole remedy for violation of a rule adopted by the
6commission to implement sections 225C.25, 225C.26, 225C.28A,
7and 225C.28B shall be by a proceeding for compliance initiated
8by request to the division department pursuant to chapter
917A. Any decision of the division department shall be in
10accordance with due process of law and is subject to appeal to
11the Iowa district court pursuant to sections 17A.19 and 17A.20
12by any aggrieved party. Either the division department or a
13party in interest may apply to the Iowa district court for an
14order to enforce the decision of the division department. Any
15rules adopted by the commission to implement sections 225C.25,
16225C.26, 225C.28A, and 225C.28B do not create any right,
17entitlement, property, or liberty right or interest, or private
18cause of action for damages against the state or a political
19subdivision of the state or for which the state or a political
20subdivision of the state would be responsible. Any violation
21of section 225C.28B, subsection 2, shall solely be subject to
22the enforcement by the commissioner of insurance and penalties
23granted by chapter 507B for a violation of section 507B.4,
24subsection 3, paragraph “g”.
25 Sec. 464. Section 225C.35, Code 2023, is amended to read as
26follows:
27225C.35 Definitions.
28For purposes of this subchapter, unless the context
29otherwise requires:
301. “Department” means the department of human services.
312. 1. “Family” means a family member and the parent or
32legal guardian of the family member.
333. 2. “Family member” means a person less than eighteen
34years of age who by educational determination has a moderate,
35severe, or profound educational disability or special
-308-1health care needs or who otherwise meets the definition
2of developmental disability in the federal Developmental
3Disabilities Assistance and Bill of Rights Act, as codified
4in 42 U.S.C. §15002. The department shall adopt rules
5establishing procedures for determining whether a child has a
6developmental disability.
74. 3. “Legal guardian” means a person appointed by a court
8to exercise powers over a family member.
95. 4. “Medical assistance” means payment of all or part of
10the care authorized to be provided pursuant to chapter 249A the
11same as defined in section 249A.2.
126. 5. “Parent” means a biological or adoptive parent.
137. 6. “Supplemental security income” means financial
14assistance provided to individuals pursuant to Tit.XVI of the
15federal Social Security Act, 42 U.S.C. §1381 – 1383c.
16 Sec. 465. Section 225C.37, subsection 1, paragraph d, Code
172023, is amended to read as follows:
18d. A statement that if the child receives medical
19assistance, then the family support subsidy shall only be used
20for the cost of a service which is not covered by medical
21assistance. The family may receive welfare public assistance
22for which the family is eligible.
23 Sec. 466. Section 225C.45, Code 2023, is amended to read as
24follows:
25225C.45 Public housing unit program.
261. The administrator department may establish a public
27housing unit within a bureau of the division program to apply
28for, receive, and administer federal assistance, grants, and
29other public or private funds for purposes related to providing
30housing.
312. In implementing the public housing unit program, the
32division department may do all of the following:
33a. Prepare, implement, and operate housing projects
34and provide for the construction, improvement, extension,
35alteration, or repair of a housing project under the division’s
-309-1 department’s jurisdiction.
2b. Develop and implement studies, conduct analyses, and
3engage in research concerning housing and housing needs. The
4information obtained from these activities shall be made
5available to the public and to the building, housing, and
6supply industries.
7c. Cooperate with the Iowa finance authority, and
8 participate in any of the authority’s programs. Use, and use
9 any funds obtained pursuant to subsection 1 to participate in
10the authority’s programs. The division department shall comply
11with rules adopted by the authority as the rules apply to the
12housing activities of the division department.
133. In accepting contributions, grants, or other financial
14assistance from the federal government relating to a housing
15activity of the division department, including construction,
16operation, or maintenance, or in managing a housing project or
17undertaking constructed or owned by the federal government, the
18division department may do any of the following:
19a. Comply with federally required conditions or enter into
20contracts or agreements as may be necessary, convenient, or
21desirable.
22b. Take any other action necessary or desirable in order
23to secure the financial aid or cooperation of the federal
24government.
25c. Include in a contract with the federal government for
26financial assistance any provision which the federal government
27may require as a condition of the assistance that is consistent
28with the provisions of this section.
294. The division department shall not proceed with a housing
30project pursuant to this section, unless both of the following
31conditions are met:
32a. A study for a report which includes recommendations
33concerning the housing available within a community is publicly
34issued by the division department. The study shall be included
35in the division’s department’s recommendations for a housing
-310-1project.
2b. The division’s department’s recommendations are approved
3by a majority of the city council or board of supervisors
4with jurisdiction over the geographic area affected by the
5recommendations.
65. Property acquired or held pursuant to this section
7is public property used for essential public purposes and is
8declared to be exempt from any tax or special assessment of the
9state or any state public body as defined in section 403A.2.
10In lieu of taxes on the property, the division department may
11agree to make payments to the state or a state public body,
12including but not limited to the division department, as the
13division department finds necessary to maintain the purpose of
14providing low-cost housing in accordance with this section.
156. Any property owned or held by the division department
16 pursuant to this section is exempt from levy and sale by
17execution. An execution or other judicial process shall not be
18issued against the property and a judgment against the division
19 department shall not be a lien or charge against the property.
20However, the provisions of this subsection shall not apply to
21or limit the right of the federal government to pursue any
22remedies available under this section. The provisions of this
23subsection shall also not apply to or limit the right of an
24obligee to take either of the following actions:
25a. Foreclose or otherwise enforce a mortgage or other
26security executed or issued pursuant to this section.
27b. Pursue remedies for the enforcement of a pledge or lien
28on rents, fees, or revenues.
297. In any contract with the federal government to provide
30annual payments to the division department, the division
31 department may obligate itself to convey to the federal
32government possession of or title to the housing project
33in the event of a substantial default as defined in the
34contract and with respect to the covenant or conditions to
35which the division department is subject. The obligation
-311-1shall be specifically enforceable and shall not constitute a
2mortgage. The contract may also provide that in the event of
3a conveyance, the federal government may complete, operate,
4manage, lease, convey, or otherwise deal with the housing
5project and funds in accordance with the terms of the contract.
6However, the contract shall require that, as soon as is
7practicable after the federal government is satisfied that all
8defaults with respect to the housing project are cured and the
9housing project will be operated in accordance with the terms
10of the contract, the federal government shall reconvey the
11housing project to the division department.
128. The division department shall not undertake a housing
13project pursuant to this section until a public hearing has
14been held. At the hearing, the division department shall
15notify the public of the proposed project’s name, location,
16number of living units proposed, and approximate cost. Notice
17of the public hearing shall be published at least once in a
18newspaper of general circulation at least fifteen days prior to
19the date set for the hearing.
20 Sec. 467. Section 225C.47, subsection 2, Code 2023, is
21amended to read as follows:
222. A comprehensive family support program is created in the
23department of human services to provide a statewide system of
24services and support to eligible families. The program shall
25be implemented in a manner which enables a family member of
26an individual with a disability to identify the services and
27support needed to enable the individual to reside with the
28individual’s family, to function more independently, and to
29increase the individual’s integration into the community.
30 Sec. 468. Section 225C.49, Code 2023, is amended to read as
31follows:
32225C.49 Departmental duties concerning services to
33individuals with a disability.
341. The department shall provide coordination of the
35programs administered by the department which serve individuals
-312-1with a disability and the individuals’ families, including but
2not limited to the following juvenile justice and child welfare
3services: family-centered services described under section
4232.102, decategorization of child welfare funding provided
5for under section 232.188, and foster care services paid under
6section 234.35, subsection 3. The department shall regularly
7review administrative rules associated with such programs
8and make recommendations to the council on human services,
9governor, and general assembly for revisions to remove barriers
10to the programs for individuals with a disability and the
11individuals’ families including the following:
12a. Eligibility prerequisites which require declaring the
13individual at risk of abuse, neglect, or out-of-home placement.
14b. Time limits on services which restrict addressing ongoing
15needs of individuals with a disability and their families.
162. The department shall coordinate the department’s
17programs and funding utilized by individuals with a disability
18and their families with other state and local programs and
19funding directed to individuals with a disability and their
20families.
213. In implementing the provisions of this section, the
22department shall do all of the following:
23a. Compile information concerning services and other support
24available to individuals with a disability and their families.
25Make the information available to individuals with a disability
26and their families and department staff.
27b. Utilize internal training resources or contract for
28additional training of staff concerning the information
29under paragraph “a” and training of families and individuals
30as necessary to implement the family support subsidy and
31comprehensive family support programs under this chapter.
324. The department shall designate one individual whose sole
33duties are to provide central coordination of the programs
34under sections 225C.36 and 225C.47 and to oversee development
35and implementation of the programs.
-313-1 Sec. 469. Section 225C.51, Code 2023, is amended to read as
2follows:
3225C.51 Children’s behavioral health system state board.
41. A children’s behavioral health system state board
5is created as the state body to provide guidance on the
6implementation and management of a children’s behavioral health
7system for the provision of services to children with a serious
8emotional disturbance. State board members shall be appointed
9on the basis of interest and experience in the fields of
10children’s behavioral health to ensure adequate representation
11from persons with life experiences and from persons
12knowledgeable about children’s behavioral health services. The
13department shall provide support to the state board, and the
14board may utilize staff support and other assistance provided
15to the state board by other persons. The state board shall
16meet at least four times per year. The membership of the state
17board shall consist of the following persons:
18a. The director of the department of health and human
19services or the director’s designee.
20b. The director of the department of education or the
21director’s designee.
22c. The director of the department of public health or the
23director’s designee.
24d. c. The director of workforce development or the
25director’s designee.
26e. d. A member of the mental health and disability services
27commission.
28f. e. Members appointed by the governor who are active
29members of each of the indicated groups:
30(1) One member shall be selected from nominees submitted by
31the state court administrator.
32(2) One member shall be selected from nominees submitted by
33the early childhood Iowa office program in the department of
34management.
35(3) One member shall be a board member or an employee of a
-314-1provider of mental health services to children.
2(4) One member shall be a board member or an employee of a
3provider of child welfare services.
4(5) One member shall be an administrator of an area
5education agency.
6(6) One member shall be an educator, counselor, or
7administrator of a school district.
8(7) One member shall be a representative of an established
9advocacy organization whose mission or purpose it is, in part,
10to further goals related to children’s mental health.
11(8) One member shall be a parent or guardian of a child
12currently utilizing or who has utilized behavioral health
13services.
14(9) One member shall be a sheriff.
15(10) One member shall be a pediatrician.
16(11) One member shall be a representative from a health care
17system.
18(12) One member shall be a chief executive officer of a
19mental health and disability services region.
20g. f. In addition to the voting members, the membership
21shall include four members of the general assembly with one
22member designated by each of the following: the majority
23leader of the senate, the minority leader of the senate, the
24speaker of the house of representatives, and the minority
25leader of the house of representatives. A legislative member
26serves for a term as provided in section 69.16B in a nonvoting,
27ex officio capacity and is not eligible for per diem and
28expenses as provided in section 2.10.
292. Members appointed by the governor shall serve four-year
30staggered terms and are subject to confirmation by the senate.
31The four-year terms shall begin and end as provided in section
3269.19. Vacancies on the state board shall be filled as
33provided in section 2.32. A member shall not be appointed for
34more than two consecutive four-year terms.
353. The director of the department of human services and the
-315-1director of the department of education, or their designees,
2shall serve as co-chairpersons of the state board. Board
3members shall not be entitled to a per diem as specified in
4section 7E.6 and shall not be entitled to actual and necessary
5expenses incurred while engaged in their official duties.
6 Sec. 470. Section 225C.52, subsection 1, Code 2023, is
7amended to read as follows:
81. Advise the administrator director on the administration
9of the children’s behavioral health system.
10 Sec. 471. Section 225D.1, subsection 6, Code 2023, is
11amended to read as follows:
126. “Department” means the department of health and human
13services.
14 Sec. 472. Section 226.1, Code 2023, is amended to read as
15follows:
16226.1 Official designation — definitions.
171. The state hospitals for persons with mental illness shall
18be designated as follows:
19a. Mental Health Institute, Independence, Iowa.
20b. Mental Health Institute, Cherokee, Iowa.
212. a. The purpose of the mental health institutes is to
22operate as regional resource centers providing one or more of
23the following:
24(1) Treatment, training, care, habilitation, and support of
25persons with mental illness or a substance abuse problem use
26disorder.
27(2) Facilities, services, and other support to the
28communities located in the region being served by a mental
29health institute so as to maximize the usefulness of the mental
30health institutes while minimizing overall costs.
31(3) A unit for the civil commitment of sexually violent
32predators committed to the custody of the director of human
33services pursuant to chapter 229A.
34b. In addition, the mental health institutes are encouraged
35to act as a training resource for community-based program
-316-1staff, medical students, and other participants in professional
2education programs.
33. A mental health institute may request the approval of the
4council on human services to change the name of the institution
5for use in communication with the public, in signage, and in
6other forms of communication.
74. For the purposes of this chapter, unless the context
8otherwise requires:
9a. “Administrator” means the person assigned by the
10director of human services to control the state mental health
11institutes. “Council” means the council on health and human
12services.
13b. “Department” means the department of health and human
14services.
15c. “Director” means the director of health and human
16services.
17c. d. “Mental health and disability services region” means
18a mental health and disability services region formed in
19accordance with section 331.389.
20e. “Mental health institute” or “state mental health
21institute” means a state hospital for persons with mental
22illness as designated in this chapter.
23d. f. “Regional administrator” means the regional
24administrator of a mental health and disability services
25region, same as defined in section 331.388.
26 Sec. 473. Section 226.4, Code 2023, is amended to read as
27follows:
28226.4 Salary of superintendent.
29The salary of the superintendent of each hospital mental
30health institute shall be determined by the administrator
31 director.
32 Sec. 474. Section 226.5, Code 2023, is amended to read as
33follows:
34226.5 Superintendent as witness.
35The superintendents and assistant physicians of said
-317-1hospitals the mental health institutes, when called as
2witnesses in any court, shall be paid the same mileage which
3other witnesses are paid and in addition thereto shall be paid
4a fee of twenty-five dollars per day, said the fee to revert to
5the support fund of the hospital mental health institute the
6superintendent or assistant physician serves.
7 Sec. 475. Section 226.6, Code 2023, is amended to read as
8follows:
9226.6 Duties of superintendent.
10The superintendent shall:
111. Have the control of the medical, mental, moral, and
12dietetic treatment of the patients in the superintendent’s
13custody subject to the approval of the administrator director.
142. Require all subordinate officers and employees to
15perform their respective duties.
163. Have an official seal with the name of the hospital
17 mental health institute and the word “Iowa” thereon and on
18the seal. The superintendent may affix the same seal to all
19notices, orders of discharge, or other papers required to be
20given by the superintendent.
214. Keep proper books in which shall be entered all moneys
22and supplies received on account of any patient and a detailed
23account of the disposition of the same all moneys and supplies.
24 Sec. 476. Section 226.7, subsection 1, paragraph a,
25unnumbered paragraph 1, Code 2023, is amended to read as
26follows:
27Preference in the reception of patients into said hospitals
28 the mental health institutes shall be exercised in the
29following order:
30 Sec. 477. Section 226.8, subsection 1, paragraph b, Code
312023, is amended to read as follows:
32b. If determined appropriate for the person at the
33sole discretion of the director of human services, the
34administrator, or the director’s or administrator’s designee.
35 Sec. 478. Section 226.9, Code 2023, is amended to read as
-318-1follows:
2226.9 Custody of patient.
3The superintendent, upon the receipt of a duly executed
4order of admission of a patient into the hospital for persons
5with mental illness a state mental health institute, pursuant
6to section 229.13, shall take such the patient into custody and
7restrain the patient as provided by law and the rules of the
8administrator department, without liability on the part of such
9superintendent and all other officers of the hospital mental
10health institute to prosecution of any kind on account thereof,
11but no person shall be detained in the hospital mental health
12institute who is found by the superintendent to be in good
13mental health.
14 Sec. 479. Section 226.10, Code 2023, is amended to read as
15follows:
16226.10 Equal treatment.
17The patients of the state mental health institutes,
18according to their different conditions of mind and body, and
19their respective needs, shall be provided for and treated
20with equal care. If in addition to mental illness a patient
21has a co-occurring intellectual disability, brain injury, or
22substance abuse use disorder, the care provided shall also
23address the co-occurring needs.
24 Sec. 480. Section 226.11, Code 2023, is amended to read as
25follows:
26226.11 Special care permitted.
27Patients may have such special care as may be agreed upon
28with the superintendent, if the friends or relatives of the
29patient will pay the expense thereof of the special care.
30Charges for such special care and attendance shall be paid
31quarterly in advance.
32 Sec. 481. Section 226.12, Code 2023, is amended to read as
33follows:
34226.12 Monthly reports.
35The administrator director shall assure that the
-319-1superintendent of each institute provides monthly reports
2concerning the programmatic, environmental, and fiscal
3condition of the mental health institute. The administrator
4 director or the administrator’s director’s designee shall
5periodically visit each institute to validate the information.
6 Sec. 482. Section 226.13, Code 2023, is amended to read as
7follows:
8226.13 Patients allowed to write.
9The name and address of the administrator director shall
10be kept posted in every ward in each hospital mental health
11institute. Every patient shall be allowed to write once a week
12what the patient pleases to said administrator the director
13 and to any other person. The superintendent may send letters
14addressed to other parties to the administrator director for
15inspection before forwarding them to the individual addressed.
16 Sec. 483. Section 226.14, Code 2023, is amended to read as
17follows:
18226.14 Writing material.
19Every patient shall be furnished by the superintendent or
20party having charge of such person the patient, at least once
21in each week, with suitable materials for writing, enclosing,
22sealing, and mailing letters, if the patient requests and uses
23the same materials.
24 Sec. 484. Section 226.15, Code 2023, is amended to read as
25follows:
26226.15 Letters to administrator director.
27The superintendent or other officer in charge of a patient
28shall, without reading the same letters, receive all letters
29addressed to the administrator director, if so requested, and
30shall properly mail the same letters, and deliver to such
31patient all letters or other writings addressed to the patient.
32Letters written to the person so confined patient may be
33examined by the superintendent, and if, in the superintendent’s
34opinion, the delivery of such letters would be injurious to the
35person so confined patient, the superintendent shall return the
-320-1letters to the writer with the superintendent’s reasons for not
2delivering them the letters.
3 Sec. 485. Section 226.16, Code 2023, is amended to read as
4follows:
5226.16 Unauthorized departure and retaking.
6It shall be the duty of the The superintendent and of all
7other officers and employees of any of said hospitals mental
8health institute, in case of the unauthorized departure of
9any involuntarily hospitalized patient, to shall exercise
10all due diligence to take into protective custody and return
11said the patient to the hospital mental health institute.
12A notification by the superintendent of such unauthorized
13departure to any peace officer of the state or to any private
14person shall be sufficient authority to such officer or person
15to take and return such the patient to the hospital mental
16health institute.
17 Sec. 486. Section 226.17, Code 2023, is amended to read as
18follows:
19226.17 Expense attending retaking.
20All actual and necessary expenses incurred in the taking
21into protective custody, restraint, and return to the hospital
22 mental health institute of the patient shall be paid on
23itemized vouchers, sworn to by the claimants and approved by
24the business manager and the administrator director or the
25director’s designee, from any moneys in the state treasury not
26otherwise appropriated.
27 Sec. 487. Section 226.18, Code 2023, is amended to read as
28follows:
29226.18 Investigation as to mental health.
30The administrator director may investigate the mental
31condition of any patient and shall discharge any person, if, in
32the administrator’s director’s opinion, such the person is not
33mentally ill, or can be cared for after such discharge without
34danger to others, and with benefit to the patient; but in. In
35 determining whether such the patient shall be discharged, the
-321-1recommendation of the superintendent shall be secured. If the
2administrator director orders the discharge of an involuntarily
3hospitalized patient, the discharge shall be by the procedure
4prescribed in section 229.16. The power to investigate the
5mental condition of a patient is merely permissive, and does
6not repeal or alter any statute respecting the discharge or
7commitment of patients of the state hospitals mental health
8institutes.
9 Sec. 488. Section 226.22, Code 2023, is amended to read as
10follows:
11226.22 Clothing furnished.
12Upon such discharge, the business manager department shall
13furnish such the person discharged, unless otherwise supplied,
14with suitable clothing and a sum of money not exceeding twenty
15dollars, which shall be charged with the other expenses of such
16 the patient in the hospital mental health institute.
17 Sec. 489. Section 226.23, Code 2023, is amended to read as
18follows:
19226.23 Convalescent leave of patients.
20Upon the recommendation of the superintendent and in
21accordance with section 229.15, subsection 5, in the case of
22an involuntary patient, the administrator director may place
23the patient on convalescent leave said patient for a period not
24to exceed one year, under such conditions as are prescribed by
25said administrator the director.
26 Sec. 490. Section 226.26, Code 2023, is amended to read as
27follows:
28226.26 Dangerous patients.
29The administrator director, on the recommendation of the
30superintendent, and on the application of the relatives or
31friends of a patient who is not cured and who cannot be safely
32allowed to go at liberty, may release the patient when fully
33satisfied that the relatives or friends will provide and
34maintain all necessary supervision, care, and restraint over
35the patient. If the patient being released was involuntarily
-322-1hospitalized, the consent of the district court which ordered
2the patient’s hospitalization placement shall be obtained in
3advance in substantially the manner prescribed by section
4229.14.
5 Sec. 491. Section 226.27, Code 2023, is amended to read as
6follows:
7226.27 Patient accused or acquitted of crime or awaiting
8judgment.
9If a patient was committed to a state hospital mental health
10institute for evaluation or treatment under chapter 812 or the
11rules of criminal procedure, further proceedings shall be had
12under chapter 812 or the applicable rule when the evaluation
13has been completed or the patient has regained mental capacity,
14as the case may be.
15 Sec. 492. Section 226.30, Code 2023, is amended to read as
16follows:
17226.30 Transfer of dangerous patients.
18When a patient of any hospital for persons with mental
19illness health institute becomes incorrigible and unmanageable
20to such an extent that the patient is dangerous to the safety
21of others in the hospital institute, the administrator
22 director, with the consent of the director of the Iowa
23department of corrections, may apply in writing to the district
24court or to any judge thereof of the district court, of
25the county in which the hospital institute is situated, for
26an order to transfer the patient to the Iowa medical and
27classification center and if the order is granted the patient
28shall be so transferred. The county attorney of the county
29shall appear in support of the application on behalf of the
30administrator director.
31 Sec. 493. Section 226.32, Code 2023, is amended to read as
32follows:
33226.32 Overcrowded conditions.
34The administrator director shall order the discharge or
35removal from the hospital mental health institute of incurable
-323-1and harmless patients whenever it is necessary to make room
2for recent cases. If a patient who is to be so discharged
3entered the hospital mental health institute voluntarily, the
4administrator director shall notify the regional administrator
5for the county interested at least ten days in advance of the
6day of actual discharge.
7 Sec. 494. Section 226.33, Code 2023, is amended to read as
8follows:
9226.33 Notice to court.
10When a patient who was hospitalized involuntarily and who
11has not fully recovered is discharged from the hospital mental
12health institute by the administrator director under section
13226.32, notice of the order shall at once be sent to the court
14which ordered the patient’s hospitalization, in the manner
15prescribed by section 229.14.
16 Sec. 495. Section 226.40, Code 2023, is amended to read as
17follows:
18226.40 Emergency patients.
19In case of emergency disaster, with the infliction of
20numerous casualties among the civilian population, the mental
21health institutes are authorized to may accept sick and wounded
22persons without commitment or any other formalities.
23 Sec. 496. Section 226.41, Code 2023, is amended to read as
24follows:
25226.41 Charge permitted.
26The hospital is authorized to make a mental health institute
27may charge for patients admitted under section 226.40, in the
28manner provided by law and subject to the changes provided in
29section 226.42.
30 Sec. 497. Section 226.42, Code 2023, is amended to read as
31follows:
32226.42 Emergency powers of superintendents.
33In case the mental health institutes lose contact with
34the statehouse seat of government, due to enemy action or
35otherwise, the superintendents of the institutes are hereby
-324-1delegated the following powers and duties may do any of the
2following:
31. May collect Collect moneys due the state treasury from
4the counties and from responsible persons or other relatives,
5these funds to be collected monthly, instead of quarterly, and
6to be deposited for use in operating the institutes.
72. The superintendent shall have the power to requisition
8 Requisition supplies, such as food, fuel, drugs and medical
9equipment, from any source available, in the name of the state,
10with the power to and enter into contracts binding the state
11for payment at an indefinite future time.
123. The superintendent shall be authorized to employ Employ
13 personnel in all categories and for whatever remuneration the
14superintendent deems necessary, without regard to existing
15laws, rules, or regulations, in order to permit the institute
16to continue its old existing functions, as well as and meet its
17additional responsibilities.
18 Sec. 498. Section 226.43, Code 2023, is amended to read as
19follows:
20226.43 Fund created.
21There is hereby established at each hospital mental health
22institute a fund known as the “patients’ personal deposit
23fund”.
24 Sec. 499. Section 226.44, Code 2023, is amended to read as
25follows:
26226.44 Deposits.
27Any funds, including social security benefits, coming into
28the possession of the superintendent or any employee of the
29hospital mental health institute belonging to any patient in
30that hospital mental health institute, shall be deposited in
31the name of that patient in the patients’ personal deposit
32fund, except that if a guardian of the property of that patient
33has been appointed, the guardian shall have the right to demand
34and receive such funds. Funds belonging to a patient deposited
35in the patients’ personal deposit fund may be used for the
-325-1purchase of personal incidentals, desires and comforts for the
2patient.
3 Sec. 500. Section 226.45, Code 2023, is amended to read as
4follows:
5226.45 Reimbursement to county or state.
6If a patient is not receiving medical assistance under
7chapter 249A and the amount in the account of any patient
8in the patients’ personal deposit fund exceeds two hundred
9dollars, the business manager of the hospital mental health
10institute may apply any of the excess to reimburse the county
11of residence or the state when the patient is a resident in
12another state or in a foreign country, or when the patient’s
13residence is unknown, for liability incurred by the county or
14the state for the payment of care, support, and maintenance of
15the patient, when billed by the county of residence or by the
16administrator when the patient is a resident in another state
17or in a foreign country, or when the patient’s residence is
18unknown department.
19 Sec. 501. Section 226.46, Code 2023, is amended to read as
20follows:
21226.46 Deposit of fund.
22The business manager department shall deposit the patients’
23personal deposit fund in a commercial account of a bank of
24reputable standing. When deposits in the commercial account
25exceed average monthly withdrawals, the business manager
26 department may deposit the excess at interest. The savings
27account shall be in the name of the patients’ personal deposit
28fund and interest paid thereon on the account may be used for
29recreational purposes at the hospital mental health institute.
30 Sec. 502. Section 227.1, Code 2023, is amended to read as
31follows:
32227.1 Definitions — supervision.
331. For the purposes of this chapter, unless the context
34otherwise requires:
35a. “Administrator” means the person assigned by the director
-326-1of human services in the appropriate division of the department
2to administer mental health and disability services. “County
3care facility” means a county care facility operated under
4chapter 347B.
5b. “Department” means the department of health and human
6services.
7c. “Director” means the director of health and human
8services.
9d. “Facility” includes a county care facility and a private
10or county facility, including a hospital, for persons with
11mental illness or an intellectual disability.
12c. e. “Mental health and disability services region” means
13a mental health and disability services region formed in
14accordance with section 331.389.
15f. “Patient” means a person receiving care in a facility or
16a state mental health institute.
17d. g. “Regional administrator” means the regional
18administrator of a mental health and disability services
19region, same as defined in section 331.388.
20h. “Resident” means a person cared for in a county care
21facility.
222. The regulatory requirements for county and private
23institutions facilities where persons with mental illness or
24an intellectual disability are admitted, committed, or placed
25shall be administered by the administrator department.
26 Sec. 503. Section 227.2, Code 2023, is amended to read as
27follows:
28227.2 Inspection.
291. The director of inspections, and appeals, and licensing
30 shall make, or cause to be made, at least one licensure
31inspection each year of every county care facility. Either
32the administrator of the division director or the director of
33the department of inspections, and appeals, and licensing, in
34cooperation with each other, upon receipt of a complaint or for
35good cause, may make, or cause to be made, a review of a county
-327-1care facility or of any other private or county institution
2 facility where persons with mental illness or an intellectual
3disability are admitted or reside. A licensure inspection
4or a review shall be made by a competent and disinterested
5person who is acquainted with and interested in the care of
6persons with mental illness and persons with an intellectual
7disability. The objective of a licensure inspection or a
8review shall be an evaluation of the programming and treatment
9provided by the facility. After each licensure inspection of
10a county care facility, the person who made the inspection
11shall consult with the regional administrator for the county
12in which the facility is located on plans and practices that
13will improve the care given patients residents. The person
14shall also make recommendations to the administrator of the
15division and the director of public health for coordinating
16and improving the relationships between the administrators of
17county care facilities, the administrator of the division,
18the director of public health, the superintendents of state
19mental health institutes and resource centers, community
20mental health centers, mental health and disability services
21regions, and other cooperating agencies, to cause improved
22and more satisfactory care of patients. A written report of
23each licensure inspection of a county care facility under this
24section shall be filed by the person with the administrator of
25the division and the director of public health department and
26shall include:
27a. The capacity of the institution facility for the care of
28residents.
29b. The number, sex, ages, and primary diagnoses of the
30residents.
31c. The care of residents, their food, clothing, treatment
32plan, employment, and opportunity for recreational activities
33and for productive work intended primarily as therapeutic
34activity.
35d. The number, job classification, sex, duties, and salaries
-328-1of all employees.
2e. The cost to the state or county of maintaining residents
3in a county care facility.
4f. The recommendations given to and received from the
5regional administrator on methods and practices that will
6improve the conditions under which the county care facility is
7operated.
8g. Any failure to comply with standards adopted under
9section 227.4 for care of persons with mental illness and
10persons with an intellectual disability in county care
11facilities, which is not covered in information submitted
12pursuant to paragraphs “a” through “f”, and any other matters
13which the director of public health, in consultation with the
14administrator of the division, may require.
152. A copy of the written report prescribed by subsection 1
16shall be furnished to the county board of supervisors, to the
17regional administrator for the county, to the administrator
18of the county care facility inspected and to its certified
19volunteer long-term care ombudsman, and to the department on
20aging.
213. The department of inspections, and appeals, and
22licensing shall inform the administrator of the division
23 department of an action by the department of inspections,
24appeals, and licensing to suspend, revoke, or deny renewal of a
25license issued by the department of inspections, and appeals,
26and licensing to a county care facility, and the reasons for
27the action.
284. In addition to the licensure inspections required or
29authorized by this section, the administrator of the division
30 department shall cause to be made an evaluation of each person
31cared for in a county care facility at least once each year by
32one or more qualified mental health, intellectual disability,
33or medical professionals, whichever is appropriate.
34a. It is the responsibility of the state to secure the
35annual evaluation for each person who is on convalescent leave
-329-1or who has not been discharged from a state mental health
2institute. It is the responsibility of the county to secure
3the annual evaluation for all other persons with mental illness
4in the county care facility.
5b. It is the responsibility of the state to secure the
6annual evaluation for each person who is on leave and has
7not been discharged from a state resource center. It is the
8responsibility of the county to secure the annual evaluation
9for all other persons with an intellectual disability in the
10county care facility.
11c. It is the responsibility of the county to secure an
12annual evaluation of each resident of a county care facility to
13whom neither paragraph “a” nor paragraph “b” is applicable.
145. The evaluations required by subsection 4 shall include
15an examination of each person which shall reveal the person’s
16condition of mental and physical health and the likelihood
17of improvement or discharge and other recommendations
18concerning the care of those persons as the evaluator deems
19pertinent. One copy of the evaluation shall be filed with the
20administrator of the division department and one copy shall be
21filed with the administrator of the county care facility.
22 Sec. 504. Section 227.3, Code 2023, is amended to read as
23follows:
24227.3 Residents to have hearing Resident and patient input.
25The inspector conducting any licensure inspection or review
26under section 227.2 shall give each resident or patient an
27opportunity to converse with the inspector out of the hearing
28of any officer or employee of the institution facility, and
29shall fully investigate all complaints and report the result in
30writing to the administrator of the division department. The
31administrator department before acting on the report adversely
32to the institution facility, shall give the persons in charge a
33copy of the report and an opportunity to be heard.
34 Sec. 505. Section 227.4, Code 2023, is amended to read as
35follows:
-330- 1227.4 Standards for care of persons with mental illness or an
2intellectual disability in county care facilities.
3The administrator department, in cooperation with the
4department of inspections and appeals, shall recommend
5and the mental health and disability services commission
6created in section 225C.5 shall adopt, or amend and adopt,
7standards for the care of and services to persons with
8mental illness or an intellectual disability residing in
9county care facilities. The standards shall be enforced by
10the department of inspections and appeals as a part of the
11licensure inspection conducted pursuant to chapter 135C. The
12objective of the standards is to ensure that persons with
13mental illness or an intellectual disability who are residents
14of county care facilities are not only adequately fed, clothed,
15and housed, but are also offered reasonable opportunities for
16productive work and recreational activities suited to their
17physical and mental abilities and offering both a constructive
18outlet for their energies and, if possible, therapeutic
19benefit. When recommending standards under this section, the
20administrator department shall designate an advisory committee
21representing administrators of county care facilities, regional
22administrators, mental health and disability services region
23governing boards, and county care facility certified volunteer
24long-term care ombudsmen to assist in the establishment of
25standards.
26 Sec. 506. Section 227.6, Code 2023, is amended to read as
27follows:
28227.6 Removal of residents or patients.
29If a county care facility fails to comply with rules and
30standards adopted under this chapter, the administrator
31 department may remove all persons with mental illness and
32all persons with an intellectual disability cared for in
33the county care facility at public expense, to the proper
34state mental health institute or resource center, or to
35some private or county institution or hospital facility for
-331-1the care of persons with mental illness or an intellectual
2disability that has complied with the rules prescribed by
3the administrator department. Residents being transferred
4to a state mental health institute or resource center shall
5be accompanied by an attendant or attendants sent from the
6institute or resource center. If a resident is transferred
7under this section, at least one attendant shall be of the
8same sex. If the administrator department finds that the
9needs of residents patients with mental illness and residents
10 patients with an intellectual disability of any other county
11or private institution facility are not being adequately met,
12those residents patients may be removed from that institution
13 facility upon order of the administrator department.
14 Sec. 507. Section 227.7, Code 2023, is amended to read as
15follows:
16227.7 Cost — collection from county.
17The cost of such removal, including all expenses of said
18 the attendant, shall be certified by the superintendent of the
19hospital facility receiving the patient, to the director of
20the department of administrative services, who shall draw a
21warrant upon the treasurer of state for said sum the amount,
22which shall be credited to the support fund of said hospital
23 the facility and charged against the general revenues of the
24state and collected by the director of the department of
25administrative services from the county which sent said the
26 patient to said institution the facility.
27 Sec. 508. Section 227.8, Code 2023, is amended to read as
28follows:
29227.8 Notification to guardians.
30The administrator department shall notify the guardian,
31or one or more of the relatives, of patients kept at private
32expense, of all violations of said the rules by said the
33 private or county institutions facilities, and of the action of
34the administrator department as to all other patients.
35 Sec. 509. Section 227.9, Code 2023, is amended to read as
-332-1follows:
2227.9 Investigating mental health.
3Should When the administrator believe department determines
4 that any person in any such county or private institution
5 facility is in good mental health, or illegally restrained
6of liberty, the administrator department shall institute and
7prosecute proceedings in the name of the state, before the
8proper officer, board, or court, for the discharge of such the
9 person.
10 Sec. 510. Section 227.10, Code 2023, is amended to read as
11follows:
12227.10 Transfers from county or private institutions
13 facilities.
14Patients who have been admitted at public expense to any
15institution facility to which this chapter is applicable may
16be involuntarily transferred to the proper state hospital for
17persons with mental illness health institute in the manner
18prescribed by sections 229.6 through 229.13. The application
19required by section 229.6 may be filed by the administrator
20of the division director or the administrator’s director’s
21 designee, or by the administrator of the institution facility
22 where the patient is then being maintained or treated.
23If the patient was admitted to that institution facility
24 involuntarily, the administrator of the division department
25 may arrange and complete the transfer, and shall report it
26as required of a chief medical officer under section 229.15,
27subsection 5. The transfer shall be made at the mental health
28and disability services region’s expense, and the expense
29recovered, as provided in section 227.7. However, transfer
30under this section of a patient whose expenses are payable
31in whole or in part by the mental health and disability
32services region is subject to an authorization for the transfer
33through the regional administrator for the patient’s county of
34residence.
35 Sec. 511. Section 227.11, Code 2023, is amended to read as
-333-1follows:
2227.11 Transfers from state hospitals mental health
3institutes.
4A regional administrator for the county chargeable with
5the expense of a patient in a state hospital for persons with
6 mental illness health institute shall transfer the patient
7to a county or private institution facility for persons with
8mental illness that is in compliance with the applicable
9rules when the administrator of the division director or the
10administrator’s director’s designee orders the transfer on a
11finding that the patient is suffering from a serious mental
12illness and will receive equal benefit by being so transferred.
13A mental health and disability services region shall transfer
14to a county care facility any patient in a state hospital for
15persons with mental illness health institute upon request
16of the superintendent of the state hospital mental health
17institute in which the patient is confined pursuant to the
18superintendent’s authority under section 229.15, subsection 5,
19and approval by the regional administrator for the county of
20the patient’s residence. In no case shall a patient be thus
21 transferred except upon compliance with section 229.14A or
22without the written consent of a relative, friend, or guardian
23if such relative, friend, or guardian pays the expense of
24the care of such patient in a state hospital mental health
25institute. Patients transferred to a public or private
26facility under this section may subsequently be placed on
27convalescent or limited leave or transferred to a different
28facility for continued full-time custody, care, and treatment
29when, in the opinion of the attending physician or the chief
30medical officer of the hospital facility from which the patient
31was so transferred, the best interest of the patient would be
32served by such the leave or transfer. For any patient who is
33involuntarily committed, any transfer made under this section
34is subject to the placement hearing requirements of section
35229.14A.
-334-1 Sec. 512. Section 227.12, Code 2023, is amended to read as
2follows:
3227.12 Difference of opinion.
4When a difference of opinion exists between the
5administrator of the division director and the authorities in
6charge of any private or county hospital facility in regard to
7the transfer of a patient as provided in sections 227.10 and
8227.11, the matter shall be submitted to the district court
9of the county in which such hospital the facility is situated
10and shall be summarily tried as an equitable action, and the
11judgment of the district court shall be final.
12 Sec. 513. Section 227.13, Code 2023, is amended to read as
13follows:
14227.13 Discharge of transferred patient.
15Patients transferred from a state hospital mental health
16institute to such county or private institutions facilities
17 shall not be discharged, when not cured, without the consent of
18the administrator of the division director.
19 Sec. 514. Section 227.14, Code 2023, is amended to read as
20follows:
21227.14 Caring for persons with mental illness from other
22counties.
23The regional administrator for a county that does not have
24proper facilities for caring for persons with mental illness
25may, with the consent of the administrator of the division
26 department, provide for such care at the expense of the mental
27health and disability services region in any convenient and
28proper county or private institution facility for persons with
29mental illness which is willing to receive the persons.
30 Sec. 515. Section 227.15, Code 2023, is amended to read as
31follows:
32227.15 Authority to involuntarily confine in hospital.
33No A person shall not be involuntarily confined and
34restrained in any private institution or hospital or county
35hospital facility or other general hospital with a psychiatric
-335-1ward for the care or treatment of persons with mental illness,
2except by the procedure prescribed in sections 229.6 through
3229.15.
4 Sec. 516. Section 229.1, Code 2023, is amended to read as
5follows:
6229.1 Definitions.
7As used in this chapter, unless the context clearly requires
8otherwise:
91. “Administrator” means the administrator of the department
10of human services assigned, in accordance with section
11218.1, to control the state mental health institutes, or that
12administrator’s designee.
132. 1. “Advocate” means a mental health advocate.
143. 2. “Auditor” means the county auditor or the auditor’s
15designee.
164. 3. “Chemotherapy” means treatment of an individual by
17use of a drug or substance which cannot legally be delivered
18or administered to the ultimate user without a physician’s
19prescription or medical order.
205. 4. “Chief medical officer” means the medical director in
21charge of a public or private hospital, or that individual’s
22physician-designee. This chapter does not negate the authority
23otherwise reposed by law in the respective superintendents
24of each of the state hospitals for persons with mental
25illness health institutes, established by chapter 226, to
26make decisions regarding the appropriateness of admissions or
27discharges of patients of that hospital, state mental health
28institute; however, it is the intent of this chapter that if
29the superintendent is not a licensed physician the decisions by
30the superintendent shall be corroborated by the chief medical
31officer of the hospital mental health institute.
326. 5. “Clerk” means the clerk of the district court.
336. “Department” means the department of health and human
34services.
357. “Director” means the director of health and human
-336-1services.
27. 8. “Hospital” means either a public hospital or a
3private hospital.
48. 9. “Licensed physician” means an individual licensed
5under the provisions of chapter 148 to practice medicine and
6surgery or osteopathic medicine and surgery.
79. 10. “Magistrate” means the same as defined in section
8801.4, subsection 10.
910. 11. “Mental health and disability services region”
10means a mental health and disability services region formed in
11accordance with section 331.389.
1211. 12. “Mental health professional” means the same as
13defined in section 228.1.
1412. 13. “Mental illness” means every type of mental
15disease or mental disorder, except that it does not refer to
16an intellectual disability as defined in section 4.1, or to
17insanity, diminished responsibility, or mental incompetency as
18the terms are defined and used in the Iowa criminal code or in
19the rules of criminal procedure, Iowa court rules.
2013. 14. “Patient” means a person who has been hospitalized
21or ordered hospitalized to receive treatment pursuant to
22section 229.14.
2314. 15. “Private hospital” means any hospital or
24institution facility not directly supported by public funds, or
25a part thereof of such hospital or facility, which is equipped
26and staffed to provide inpatient care to persons with mental
27illness.
2815. 16. “Psychiatric advanced registered nurse practitioner”
29means an individual currently licensed as a registered nurse
30under chapter 152 or 152E who holds a national certification in
31psychiatric mental health care and who is licensed by the board
32of nursing as an advanced registered nurse practitioner.
3316. 17. “Public hospital” means any of the following:
34a. A state mental health institute established by chapter
35226; or.
-337- 1b. The state psychiatric hospital established by chapter
2225; or.
3c. Any other publicly supported hospital or institution
4 facility, or part of such hospital or institution facility,
5which is equipped and staffed to provide inpatient care to
6persons with mental illness, except the Iowa medical and
7classification center established by chapter 904.
817. 18. “Region” means a mental health and disability
9services region formed in accordance with section 331.389.
1018. 19. “Regional administrator” means the regional
11administrator of a mental health and disability services
12region, same as defined in section 331.388.
1319. 20. “Respondent” means any person against whom an
14application has been filed under section 229.6, but who has not
15been finally ordered committed for full-time custody, care, and
16treatment in a hospital.
1720. 21. “Serious emotional injury” is an injury which does
18not necessarily exhibit any physical characteristics, but which
19can be recognized and diagnosed by a licensed physician or
20other mental health professional and which can be causally
21connected with the act or omission of a person who is, or is
22alleged to be, mentally ill.
2321. 22. “Seriously mentally impaired” or “serious mental
24impairment” describes the condition of a person with mental
25illness and because of that illness lacks sufficient judgment
26to make responsible decisions with respect to the person’s
27hospitalization or treatment, and who because of that illness
28meets any of the following criteria:
29a. Is likely to physically injure the person’s self or
30others if allowed to remain at liberty without treatment.
31b. Is likely to inflict serious emotional injury on
32members of the person’s family or others who lack reasonable
33opportunity to avoid contact with the person with mental
34illness if the person with mental illness is allowed to remain
35at liberty without treatment.
-338- 1c. Is unable to satisfy the person’s needs for nourishment,
2clothing, essential medical care, or shelter so that it is
3likely that the person will suffer physical injury, physical
4debilitation, or death.
5d. Has a history of lack of compliance with treatment and
6any of the following apply applies:
7(1) Lack of compliance has been a significant factor in the
8need for emergency hospitalization.
9(2) Lack of compliance has resulted in one or more acts
10causing serious physical injury to the person’s self or others
11or an attempt to physically injure the person’s self or others.
12 Sec. 517. Section 229.2, subsection 1, paragraph b,
13subparagraphs (1) and (2), Code 2023, are amended to read as
14follows:
15(1) Upon receipt of an application for voluntary admission
16of a minor, the chief medical officer shall provide separate
17prescreening interviews and consultations with the parent,
18guardian, or custodian and the minor to assess the family
19environment and the appropriateness of the application for
20admission.
21(2) During the interview and consultation the chief medical
22officer shall inform the minor orally and in writing that the
23minor has a right to object to the admission. If the chief
24medical officer of the hospital to which application is made
25determines that the admission is appropriate but the minor
26objects to the admission, the parent, guardian, or custodian
27must petition the juvenile court for approval of the admission
28before the minor is actually admitted.
29 Sec. 518. Section 229.4, Code 2023, is amended to read as
30follows:
31229.4 Right to release on application.
32A voluntary patient who requests release or whose release
33is requested, in writing, by the patient’s legal guardian,
34parent, spouse, or adult next of kin shall be released from the
35hospital forthwith, except that in accordance with all of the
-339-1following, as applicable:
21. If the patient was admitted on the patient’s own
3application and the request for release is made by some other
4person, release may be conditioned upon the agreement of the
5patient.
62. If the patient is a minor who was admitted on the
7application of the patient’s parent, guardian, or custodian
8pursuant to section 229.2, subsection 1, the patient’s release
9prior to becoming eighteen years of age may be conditioned upon
10the consent of the parent, guardian, or custodian, or upon the
11approval of the juvenile court if the admission was approved by
12the juvenile court; and.
133. If the chief medical officer of the hospital, not later
14than the end of the next secular day on which the office of
15the clerk of the district court for the county in which the
16hospital is located is open and which follows the submission
17of the written request for release of the patient, files with
18that clerk a certification that in the chief medical officer’s
19opinion the patient is seriously mentally impaired, the release
20may be postponed for the period of time the court determines
21is necessary to permit commencement of judicial procedure
22for involuntary hospitalization. That period of time may
23not exceed five days, exclusive of days on which the clerk’s
24office is not open unless the period of time is extended by
25order of a district court judge for good cause shown. Until
26disposition of the application for involuntary hospitalization
27of the patient is determined, if one an application is timely
28filed, the chief medical officer may detain the patient in
29the hospital and may provide treatment which is necessary
30to preserve the patient’s life, or to appropriately control
31behavior by the patient which is likely to result in physical
32injury to the patient or to others if allowed to continue, but
33may not otherwise provide treatment to the patient without the
34patient’s consent.
35 Sec. 519. Section 229.6, subsection 1, Code 2023, is amended
-340-1to read as follows:
21. Proceedings for the involuntary hospitalization of an
3individual pursuant to this chapter or for the involuntary
4commitment or treatment of a person with a substance-related
5 substance use disorder to a facility pursuant to chapter
6125 may be commenced by any interested person by filing a
7verified application with the clerk of the district court of
8the county where the respondent is presently located, or which
9is the respondent’s place of residence. The clerk, or the
10clerk’s designee, shall assist the applicant in completing the
11application.
12 Sec. 520. Section 229.6, subsection 2, paragraph a,
13subparagraph (1), Code 2023, is amended to read as follows:
14(1) A substance-related substance use disorder as defined
15in section 125.2.
16 Sec. 521. Section 229.8, Code 2023, is amended to read as
17follows:
18229.8 Procedure after application is filed.
19As soon as practicable after the filing of an application
20pursuant to section 229.6, the court shall do all of the
21following:
221. Determine whether the respondent has an attorney
23who is able and willing to represent the respondent in the
24hospitalization proceeding, and if not, whether the respondent
25is financially able to employ an attorney and capable of
26meaningfully assisting in selecting one. In accordance with
27those determinations, the court shall if necessary allow the
28respondent to select, or shall assign to the respondent, an
29attorney. If the respondent is financially unable to pay an
30attorney, the attorney shall be compensated by the mental
31health and disability services region at an hourly rate to be
32established by the regional administrator for the county in
33which the proceeding is held in substantially the same manner
34as provided in section 815.7.
352. Cause copies of the application and supporting
-341-1documentation to be sent to the county attorney or the county
2attorney’s attorney-designate for review.
33. Issue a written order which shall provide for all of the
4following:
5a. If not previously done, set a time and place for a
6hospitalization hearing, which shall be at the earliest
7practicable time not less than forty-eight hours after notice
8to the respondent, unless the respondent waives such minimum
9prior notice requirement; and.
10b. Order an examination of the respondent, prior to
11the hearing, by one or more licensed physicians or mental
12health professionals who shall submit a written report on the
13examination to the court as required by section 229.10.
14 Sec. 522. Section 229.11, subsection 1, Code 2023, is
15amended to read as follows:
161. If the applicant requests that the respondent be taken
17into immediate custody and the judge, upon reviewing the
18application and accompanying documentation, finds probable
19cause to believe that the respondent has a serious mental
20impairment and is likely to injure the respondent or other
21persons if allowed to remain at liberty, the judge may enter
22a written order directing that the respondent be taken into
23immediate custody by the sheriff or the sheriff’s deputy
24and be detained until the hospitalization hearing. The
25hospitalization hearing shall be held no more than five days
26after the date of the order, except that if the fifth day after
27the date of the order is a Saturday, Sunday, or a holiday, the
28hearing may be held on the next succeeding business day. If
29the expenses of a respondent are payable in whole or in part by
30a mental health and disability services region, for a placement
31in accordance with paragraph “a”, the judge shall give notice of
32the placement to the regional administrator for the county in
33which the court is located, and for a placement in accordance
34with paragraph “b” or “c”, the judge shall order the placement
35in a hospital or facility designated through the regional
-342-1administrator. The judge may order the respondent detained for
2the period of time until the hearing is held, and no longer,
3in accordance with paragraph “a”, if possible, and if not then
4in accordance with paragraph “b”, or, only if neither of these
5alternatives is available, in accordance with paragraph “c”.
6Detention may be in any of the following:
7a. In the custody of a relative, friend, or other suitable
8person who is willing to accept responsibility for supervision
9of the respondent, and the respondent may be placed under
10such reasonable restrictions as the judge may order including
11but not limited to restrictions on or a prohibition of any
12expenditure, encumbrance, or disposition of the respondent’s
13funds or property; or.
14b. In a suitable hospital the chief medical officer of
15which shall be informed of the reasons why immediate custody
16has been ordered and may provide treatment which is necessary
17to preserve the respondent’s life, or to appropriately control
18behavior by the respondent which is likely to result in
19physical injury to the respondent or to others if allowed
20to continue, but may not otherwise provide treatment to the
21respondent without the respondent’s consent; or.
22c. In the nearest facility in the community which is
23licensed to care for persons with mental illness or substance
24abuse use disorder, provided that detention in a jail or other
25facility intended for confinement of those accused or convicted
26of crime shall not be ordered.
27 Sec. 523. Section 229.13, subsection 1, paragraph b, Code
282023, is amended to read as follows:
29b. The court shall order any other respondent placed under
30the care of an appropriate hospital or facility licensed to
31care for persons with mental illness or substance abuse use
32disorder on an inpatient or outpatient basis.
33 Sec. 524. Section 229.15, subsections 4 and 5, Code 2023,
34are amended to read as follows:
354. When a patient has been placed in an alternative facility
-343-1other than a hospital pursuant to a report issued under section
2229.14, subsection 1, paragraph “d”, a report on the patient’s
3condition and prognosis shall be made to the court which placed
4the patient, at least once every six months, unless the court
5authorizes annual reports. If an evaluation of the patient is
6performed pursuant to section 227.2, subsection 4, a copy of
7the evaluation report shall be submitted to the court within
8fifteen days of the evaluation’s completion. The court may
9in its discretion waive the requirement of an additional
10report between the annual evaluations. If the administrator
11 department exercises the authority to remove residents or
12patients from a county care facility or other county or private
13institution facility under section 227.6, the administrator
14 department shall promptly notify each court which placed in
15that facility any resident so or patient removed.
165. a. When in the opinion of the chief medical officer the
17best interest of a patient would be served by a convalescent
18or limited leave, the chief medical officer may authorize the
19leave and, if authorized, shall promptly report the leave to
20the court. When in the opinion of the chief medical officer
21the best interest of a patient would be served by a transfer
22to a different hospital for continued full-time custody, care,
23and treatment, the chief medical officer shall promptly send
24a report to the court. The court shall act upon the report in
25accordance with section 229.14A.
26b. This subsection shall not be construed to add to or
27restrict the authority otherwise provided by law for transfer
28of patients or residents among various state institutions
29administered by the department of human services. If a patient
30is transferred under this subsection, the treatment provider to
31whom the patient is transferred shall be provided with copies
32of relevant court orders by the former treatment provider.
33 Sec. 525. Section 229.19, subsection 1, paragraphs a and e,
34Code 2023, are amended to read as follows:
35a. In each county the board of supervisors shall appoint
-344-1an individual who has demonstrated by prior activities an
2informed concern for the welfare and rehabilitation of persons
3with mental illness, and who is not an officer or employee
4of the department of human services, an officer or employee
5of a region, an officer or employee of a county performing
6duties for a region, or an officer or employee of any agency
7or facility providing care or treatment to persons with mental
8illness, to act as an advocate representing the interests of
9patients involuntarily hospitalized by the court, in any matter
10relating to the patients’ hospitalization or treatment under
11section 229.14 or 229.15.
12e. An advocate may also be assigned pursuant to this section
13for an individual who has been diagnosed with a co-occurring
14mental illness and substance-related substance use disorder.
15 Sec. 526. Section 229.21, Code 2023, is amended to read as
16follows:
17229.21 Judicial hospitalization referee — appeals to
18district court.
191. The chief judge of each judicial district may appoint
20at least one judicial hospitalization referee for each county
21within the district. The judicial hospitalization referee
22shall be an attorney, licensed to practice law in this state,
23who shall be chosen with consideration to any training,
24experience, interest, or combination of those factors, which
25are pertinent to the duties of the office. The referee
26shall hold office at the pleasure of the chief judge of the
27judicial district and receive compensation at a rate fixed by
28the supreme court. If the referee expects to be absent for
29any significant length of time, the referee shall inform the
30chief judge who may appoint a temporary substitute judicial
31hospitalization referee having the qualifications set forth in
32this subsection.
332. When an application for involuntary hospitalization
34under section 229.6 or for involuntary commitment or treatment
35of persons with substance-related disorders a substance
-345-1use disorder under section 125.75 is filed with the clerk
2of the district court in any county for which a judicial
3hospitalization referee has been appointed, and no district
4judge, district associate judge, or magistrate who is admitted
5to the practice of law in this state is accessible, the clerk
6shall immediately notify the referee in the manner required by
7section 229.7 or section 125.77. The referee shall discharge
8all of the duties imposed upon the court by sections 229.7
9through 229.19, this section, and section 229.22 or sections
10125.75 through 125.94 in the proceeding so initiated. Subject
11to the provisions of subsection 4, orders issued by a referee,
12in discharge of duties imposed under this section, shall have
13the same force and effect as if ordered by a district judge.
14However, any commitment to a facility regulated and operated
15under chapter 135C shall be in accordance with section 135C.23.
163. a. Any respondent with respect to whom the magistrate
17or judicial hospitalization referee has found the contention
18that the respondent is seriously mentally impaired or a person
19with a substance-related substance use disorder sustained by
20clear and convincing evidence presented at a hearing held
21under section 229.12 or section 125.82, may appeal from the
22magistrate’s or referee’s finding to a judge of the district
23court by giving the clerk notice in writing, within ten days
24after the magistrate’s or referee’s finding is made, that an
25appeal is taken. The appeal may be signed by the respondent or
26by the respondent’s next friend, guardian, or attorney.
27b. An order of a magistrate or judicial hospitalization
28referee with a finding that the respondent is seriously
29mentally impaired or a person with a substance-related
30 substance use disorder shall include the following notice,
31located conspicuously on the face of the order:
32NOTE: The respondent may appeal from this order to a judge of
33the district court by giving written notice of the appeal to
34the clerk of the district court within ten days after the date
35of this order. The appeal may be signed by the respondent or
-346-1by the respondent’s next friend, guardian, or attorney. For a
2more complete description of the respondent’s appeal rights,
3consult section 229.21 of the Code of Iowa or an attorney.
4c. When appealed, the matter shall stand for trial de novo.
5Upon appeal, the court shall schedule a hospitalization or
6commitment hearing before a district judge at the earliest
7practicable time.
8d. Any respondent with respect to whom the magistrate or
9judicial hospitalization referee has held a placement hearing
10and has entered a placement order may appeal the order to a
11judge of the district court. The request for appeal must be
12given to the clerk in writing within ten days of the entry of
13the magistrate’s or referee’s order. The request for appeal
14shall be signed by the respondent, or the respondent’s next
15friend, guardian, or attorney.
164. If the appellant is in custody under the jurisdiction
17of the district court at the time of service of the notice of
18appeal, the appellant shall be discharged from custody unless
19an order that the appellant be taken into immediate custody has
20previously been issued under section 229.11 or section 125.81,
21in which case the appellant shall be detained as provided in
22that section until the hospitalization or commitment hearing
23before the district judge. If the appellant is in the custody
24of a hospital or facility at the time of service of the notice
25of appeal, the appellant shall be discharged from custody
26pending disposition of the appeal unless the chief medical
27officer, not later than the end of the next secular day on
28which the office of the clerk is open and which follows service
29of the notice of appeal, files with the clerk a certification
30that in the chief medical officer’s opinion the appellant is
31seriously mentally ill or a person with a substance-related
32 substance use disorder. In that case, the appellant shall
33remain in custody of the hospital or facility until the
34hospitalization or commitment hearing before the district
35court.
-347- 15. The hospitalization or commitment hearing before the
2district judge shall be held, and the judge’s finding shall
3be made and an appropriate order entered, as prescribed by
4sections 229.12 and 229.13 or sections 125.82 and 125.83.
5If the judge orders the appellant hospitalized or committed
6for a complete psychiatric or substance abuse use disorder
7 evaluation, jurisdiction of the matter shall revert to the
8judicial hospitalization referee.
9 Sec. 527. Section 229.23, subsection 3, Code 2023, is
10amended to read as follows:
113. In addition to protection of the person’s constitutional
12rights, enjoyment of other legal, medical, religious, social,
13political, personal and working rights and privileges which
14the person would enjoy if the person were not so hospitalized
15or detained, so far as is possible consistent with effective
16treatment of that person and of the other patients of the
17hospital. If the patient’s rights are restricted, the
18physician’s or mental health professional’s direction to
19that effect shall be noted on the patient’s record. The
20department of human services shall, in accordance with chapter
2117A establish rules setting forth the specific rights and
22privileges to which persons so hospitalized or detained are
23entitled under this section, and the exceptions provided by
24section 17A.2, subsection 11, paragraphs “a” and “k”, shall not
25be applicable to the rules so established. The patient or the
26patient’s next of kin or friend shall be advised of these rules
27and be provided a written copy upon the patient’s admission to
28or arrival at the hospital.
29 Sec. 528. Section 229.24, subsection 1, Code 2023, is
30amended to read as follows:
311. All papers and records pertaining to any involuntary
32hospitalization or application pursuant to section 229.6 of any
33person under this chapter, whether part of the permanent record
34of the court or of a file in the department of human services,
35are subject to inspection only upon an order of the court for
-348-1good cause shown.
2 Sec. 529. Section 229.26, Code 2023, is amended to read as
3follows:
4229.26 Exclusive procedure for involuntary hospitalization.
5Sections 229.6 through 229.19 constitute the exclusive
6procedure for involuntary hospitalization of persons by reason
7of serious mental impairment in this state, except that this
8chapter does not negate the provisions of section 904.503
9relating to transfer of prisoners with mental illness to state
10hospitals for persons with mental illness health institutes and
11does not apply to commitments of persons under chapter 812 or
12the rules of criminal procedure, Iowa court rules, or negate
13the provisions of section 232.51 relating to disposition of
14children with mental illness.
15 Sec. 530. Section 229.27, subsection 3, Code 2023, is
16amended to read as follows:
173. A hearing limited to the question of the person’s
18competence and conducted in substantially the manner prescribed
19in sections 633.552, 633.556, 633.558, and 633.560 shall be
20held when any of the following circumstances applies:
21a. The court is petitioned or proposes upon its own motion
22to find incompetent by reason of mental illness a person whose
23involuntary hospitalization has been ordered under section
24229.13 or 229.14, and who contends that the person is not
25incompetent; or.
26b. A person previously found incompetent by reason of mental
27illness under subsection 2 petitions the court for a finding
28that the person is no longer incompetent and, after notice to
29the applicant who initiated the petition for hospitalization
30of the person and to any other party as directed by the court,
31an objection is filed with the court. The court may order a
32hearing on its own motion before acting on a petition filed
33under this paragraph. A petition by a person for a finding
34that the person is no longer incompetent may be filed at any
35time without regard to whether the person is at that time
-349-1hospitalized for treatment of mental illness.
2 Sec. 531. Section 229.41, Code 2023, is amended to read as
3follows:
4229.41 Voluntary admission — state mental health institute.
5Persons making application pursuant to section 229.2 on
6their own behalf or on behalf of another person who is under
7eighteen years of age, if the person whose admission is sought
8is received for observation and treatment on the application,
9shall be required to pay the costs of hospitalization at rates
10established by the administrator department. The costs may
11be collected weekly in advance and shall be payable at to the
12business office of the hospital state mental health institute.
13The collections shall be remitted to the department of human
14services monthly to be credited to the general fund of the
15state.
16 Sec. 532. Section 229.42, Code 2023, is amended to read as
17follows:
18229.42 Costs paid by county — state mental health institute.
191. If a person wishing to make application for voluntary
20admission to a state mental hospital established by chapter 226
21health institute is unable to pay the costs of hospitalization
22or those responsible for the person are unable to pay the
23costs, application for authorization of voluntary admission
24must be made through a regional administrator before
25application for admission is made to the hospital state mental
26health institute. The person’s county of residence shall
27be determined through the regional administrator and if the
28admission is approved through the regional administrator, the
29person’s admission to a state mental health hospital institute
30 shall be authorized as a voluntary case. The authorization
31shall be issued on forms provided by the department of human
32services’ administrator. The costs of the hospitalization
33shall be paid by the county of residence through the regional
34administrator to the department of human services and credited
35to the general fund of the state, provided that the state
-350-1 mental health hospital institute rendering the services has
2certified to the county auditor of the county of residence and
3the regional administrator the amount chargeable to the mental
4health and disability services region and has sent a duplicate
5statement of the charges to the department of human services.
6A mental health and disability services region shall not be
7billed for the cost of a patient unless the patient’s admission
8is authorized through the regional administrator. The state
9 mental health institute and the regional administrator shall
10work together to locate appropriate alternative placements
11and services, and to educate patients and family members of
12patients regarding such alternatives.
132. All the provisions of chapter 230 shall apply to such the
14 voluntary patients so far as is to the extent applicable.
153. The provisions of this section and of section 229.41
16shall apply to all voluntary inpatients or outpatients
17receiving mental health services either away from or at the
18institution state mental health institute.
194. If a county fails to pay the billed charges within
20forty-five days from the date the county auditor received the
21certification statement from the superintendent, the department
22of human services shall charge the delinquent county the
23penalty of one percent per month on and after forty-five days
24from the date the county received the certification statement
25until paid. The penalties received shall be credited to the
26general fund of the state.
27 Sec. 533. Section 229.43, Code 2023, is amended to read as
28follows:
29229.43 Nonresident patients — state mental health
30institutes.
31The administrator department may place patients of state
32 mental health institutes who are nonresidents on convalescent
33leave to a private sponsor or in a health care facility
34licensed under chapter 135C, when in the opinion of the
35administrator director the placement is in the best interests
-351-1of the patient and the state of Iowa. If the patient was
2involuntarily hospitalized, the district court which ordered
3hospitalization of the patient must shall be informed when the
4patient is placed on convalescent leave, as required by section
5229.15, subsection 5.
6 Sec. 534. Section 229.45, unnumbered paragraph 1, Code
72023, is amended to read as follows:
8The department of human services, in consultation with
9the office of attorney general, shall develop a summary of
10the procedures involved in an involuntary commitment and
11information concerning the participation of an applicant in the
12proceedings. The summary shall be provided by the department,
13at the department’s expense, to the clerks of the district
14court who shall make the summary available to all applicants
15prior to the filing of a verified application, or to any other
16person upon request, and who shall attach a copy of the summary
17to the notice of hearing which is served upon the respondent
18under section 125.77 or 229.7. The summary may include, but is
19not limited to, the following:
20 Sec. 535. Section 229A.2, Code 2023, is amended to read as
21follows:
22229A.2 Definitions.
23As used in this chapter:
241. “Agency with jurisdiction” means an agency which has
25custody of or releases a person serving a sentence or term
26of confinement or is otherwise in confinement based upon a
27lawful order or authority, and includes but is not limited to
28the department of corrections, the department of health and
29 human services, a judicial district department of correctional
30services, and the Iowa board of parole.
312. “Appropriate secure facility” means a state facility that
32is designed to confine but not necessarily to treat a sexually
33violent predator.
343. “Convicted” means found guilty of, pleads guilty
35to, or is sentenced or adjudicated delinquent for an act
-352-1which is an indictable offense in this state or in another
2jurisdiction including in a federal, military, tribal, or
3foreign court, including but not limited to a juvenile who has
4been adjudicated delinquent, whether or not the juvenile court
5records have been sealed under section 232.150, and a person
6who has received a deferred sentence or a deferred judgment
7or has been acquitted by reason of insanity. “Convicted”
8includes the conviction of a juvenile prosecuted as an adult.
9“Convicted” also includes a conviction for an attempt or
10conspiracy to commit an offense. “Convicted” does not mean a
11plea, sentence, adjudication, deferred sentence, or deferred
12judgment which has been reversed or otherwise set aside.
134. “Department” means the department of health and human
14services.
155. “Director” means the director of health and human
16services.
174. 6. “Discharge” means an unconditional discharge from the
18sexually violent predator program. A person released from a
19secure facility into a transitional release program or released
20with supervision is not considered to be discharged.
215. 7. “Likely to engage in predatory acts of sexual
22violence” means that the person more likely than not will
23engage in acts of a sexually violent nature. If a person is
24not confined at the time that a petition is filed, a person is
25“likely to engage in predatory acts of sexual violence” only if
26the person commits a recent overt act.
276. 8. “Mental abnormality” means a congenital or acquired
28condition affecting the emotional or volitional capacity of a
29person and predisposing that person to commit sexually violent
30offenses to a degree which would constitute a menace to the
31health and safety of others.
327. 9. “Predatory” means acts directed toward a person with
33whom a relationship has been established or promoted for the
34primary purpose of victimization.
358. 10. “Presently confined” means incarceration or
-353-1detention in a correctional facility, a rehabilitation camp,
2a residential facility, a county jail, a halfway house, or
3any other comparable facility, including but not limited to
4placement at such a facility as a condition of probation,
5parole, or special sentence following conviction for a sexually
6violent offense.
79. 11. “Recent overt act” means any act that has either
8caused harm of a sexually violent nature or creates a
9reasonable apprehension of such harm.
1010. 12. “Safekeeper” means a person who is confined in an
11appropriate secure facility pursuant to this chapter but who is
12not subject to an order of commitment pursuant to this chapter.
1311. 13. “Sexually motivated” means that one of the
14purposes for commission of a crime is the purpose of sexual
15gratification of the perpetrator of the crime.
1612. 14. “Sexually violent offense” means:
17a. A violation of any provision of chapter 709.
18b. A violation of any of the following if the offense
19involves sexual abuse, attempted sexual abuse, or intent to
20commit sexual abuse:
21(1) Murder as defined in section 707.1.
22(2) Kidnapping as defined in section 710.1.
23(3) Burglary as defined in section 713.1.
24(4) Child endangerment under section 726.6, subsection 1,
25paragraph “e”.
26c. Sexual exploitation of a minor in violation of section
27728.12.
28d. Pandering involving a minor in violation of section
29725.3, subsection 2.
30e. An offense involving an attempt or conspiracy to commit
31any offense referred to in this subsection.
32f. An offense under prior law of this state or an offense
33committed in another jurisdiction which would constitute an
34equivalent offense under paragraphs “a” through “e”.
35g. Any act which, either at the time of sentencing for the
-354-1offense or subsequently during civil commitment proceedings
2pursuant to this chapter, has been determined beyond a
3reasonable doubt to have been sexually motivated.
413. 15. “Sexually violent predator” means a person who has
5been convicted of or charged with a sexually violent offense
6and who suffers from a mental abnormality which makes the
7person likely to engage in predatory acts constituting sexually
8violent offenses, if not confined in a secure facility.
914. 16. “Transitional release” means a conditional release
10from a secure facility operated by the department of human
11services with the conditions of such release set by the court
12or the department of human services.
13 Sec. 536. Section 229A.5C, subsections 3 and 4, Code 2023,
14are amended to read as follows:
153. A person who is subject to an order of civil commitment
16under this chapter shall not be released from jail or paroled
17or released to a facility or program located outside the
18county jail or correctional institution other than to a secure
19facility operated by the department of human services.
204. A person who committed a public offense while in a
21transitional release program or on release with supervision may
22be returned to a secure facility operated by the department of
23human services upon completion of any term of confinement that
24resulted from the commission of the public offense.
25 Sec. 537. Section 229A.6A, subsection 1, paragraph b, Code
262023, is amended to read as follows:
27b. To a medical facility for medical treatment, if necessary
28medical treatment is not available at the facility where the
29person is confined. A transport order is not required to
30transport the person for medical treatment. However, the
31person is not entitled to choose the medical facility where
32treatment is to be obtained or the medical personnel to provide
33the treatment. Transportation of a committed person shall be
34provided by the sheriff of the county in which the person is
35confined if requested by the department of human services.
-355-1 Sec. 538. Section 229A.7, subsection 5, paragraph b, Code
22023, is amended to read as follows:
3b. If the court or jury determines that the respondent is a
4sexually violent predator, the respondent shall be committed
5to the custody of the director of the department of human
6services for control, care, and treatment until such time as
7the person’s mental abnormality has so changed that the person
8is safe to be placed in a transitional release program or
9discharged. The determination may be appealed.
10 Sec. 539. Section 229A.7, subsection 7, Code 2023, is
11amended to read as follows:
127. The control, care, and treatment of a person determined
13to be a sexually violent predator shall be provided at a
14facility operated by the department of human services. At all
15times prior to placement in a transitional release program
16or release with supervision, persons committed for control,
17care, and treatment by the department of human services
18 pursuant to this chapter shall be kept in a secure facility
19and those patients shall be segregated at all times from any
20other patient under the supervision of the department of human
21services. A person committed pursuant to this chapter to
22the custody of the department of human services may be kept
23in a facility or building separate from any other patient
24under the supervision of the department of human services.
25The department of human services may enter into a chapter
2628E agreement with the department of corrections or other
27appropriate agency in this state or another state for the
28confinement of patients who have been determined to be sexually
29violent predators. Patients who are in the custody of the
30director of the department of corrections pursuant to a chapter
3128E agreement and who have not been placed in a transitional
32release program or released with supervision shall be housed
33and managed separately from criminal offenders in the custody
34of the director of the department of corrections, and except
35for occasional instances of supervised incidental contact,
-356-1shall be segregated from those offenders.
2 Sec. 540. Section 229A.8, subsection 4, Code 2023, is
3amended to read as follows:
44. Nothing contained in this chapter shall prohibit the
5person from otherwise petitioning the court for discharge or
6placement in a transitional release program at the annual
7review. The director of human services department shall
8provide the committed person with an annual written notice
9of the person’s right to petition the court for discharge
10or placement in a transitional release program without
11authorization from the director. The notice shall contain a
12waiver of rights. The director department shall forward the
13notice and waiver form to the court with the annual report.
14 Sec. 541. Section 229A.8, subsection 5, paragraphs f and g,
15Code 2023, are amended to read as follows:
16f. If at the time for the annual review the committed
17person has filed a petition for discharge or placement in
18a transitional release program with authorization from the
19director of human services, the court shall set a final hearing
20within ninety days of the authorization by the director, and
21no annual review shall be held.
22g. If the committed person has not filed a petition, or
23has filed a petition for discharge or for placement in a
24transitional release program without authorization from the
25director of human services, the court shall first conduct the
26annual review as provided in this subsection.
27 Sec. 542. Section 229A.8, subsection 6, paragraph e, Code
282023, is amended to read as follows:
29e. If the director of human services has authorized the
30committed person to petition for discharge or for placement
31in a transitional release program and the case is before a
32jury, testimony by a victim of a prior sexually violent offense
33committed by the person is not admissible. If the director has
34not authorized the petition or the case is before the court,
35testimony by a victim of a sexually violent offense committed
-357-1by the person may be admitted.
2 Sec. 543. Section 229A.8A, subsections 1, 6, and 7, Code
32023, are amended to read as follows:
41. The department of human services is authorized to may
5 establish a transitional release program and provide control,
6care, and treatment, and supervision of committed persons
7placed in such a program.
86. The department of human services shall be responsible
9for establishing and implementing the rules and directives
10regarding the location of the transitional release program,
11staffing needs, restrictions on confinement and the movement of
12committed persons, and for assessing the progress of committed
13persons in the program. The court may also impose conditions
14on a committed person placed in the program.
157. The department of human services may contract with
16other government or private agencies, including the department
17of corrections, to implement and administer the transitional
18release program.
19 Sec. 544. Section 229A.8B, subsections 2 and 3, Code 2023,
20are amended to read as follows:
212. If a committed person absconds from a transitional
22release program in violation of the rules or directives, a
23presumption arises that the person poses a risk to public
24safety. The department of human services, in cooperation with
25local law enforcement agencies, may make a public announcement
26about the absconder. The public announcement may include
27a description of the committed person, that the person is
28in transitional release from the sexually violent predator
29program, and any other information important to public safety.
303. Upon the return of the committed person to a secure
31facility, the director of human services or the director’s
32designee shall notify the court that issued the ex parte order
33that the absconder has been returned to a secure facility,
34and the court shall set a hearing to determine if a violation
35occurred. If a court order was not issued, the director or
-358-1the director’s designee shall contact the nearest district
2court with jurisdiction to set a hearing to determine whether a
3violation of the rules or directives occurred. The court shall
4schedule a hearing after receiving notice that the committed
5person has been returned from the transitional release program
6to a secure facility.
7 Sec. 545. Section 229A.9A, subsections 2, 3, and 8, Code
82023, are amended to read as follows:
92. If release with supervision is ordered, the department
10of human services shall prepare within sixty days of the order
11of the court a release plan addressing the person’s needs for
12counseling, medication, community support services, residential
13services, vocational services, alcohol or other drug abuse
14 substance use disorder treatment, sex offender treatment, or
15any other treatment or supervision necessary.
163. The court shall set a hearing on the release plan
17prepared by the department of human services before the
18committed person is released from a secure facility or a
19transitional release program.
208. The court shall retain jurisdiction over the committed
21person who has been released with supervision until the person
22is discharged from the program. The department of human
23services or a judicial district department of correctional
24services shall not be held liable for any acts committed
25by a committed person who has been ordered released with
26supervision.
27 Sec. 546. Section 229A.9B, subsections 2, 3, and 5, Code
282023, are amended to read as follows:
292. If a committed person has absconded in violation of the
30conditions of the person’s release plan, a presumption arises
31that the person poses a risk to public safety. The department
32of human services or contracting agency, in cooperation with
33local law enforcement agencies, may make a public announcement
34about the absconder. The public announcement may include a
35description of the committed person, that the committed person
-359-1is on release with supervision from the sexually violent
2predator program, and any other information pertinent to public
3safety.
43. Upon the return of the committed person to a secure
5facility, the director of human services or the director’s
6designee shall notify the court that issued the ex parte
7order that the committed person has been returned to a secure
8facility, and the court shall set hearing to determine if a
9violation occurred. If a court order was not issued, the
10director or the director’s designee shall contact the nearest
11district court with jurisdiction to set a hearing to determine
12whether a violation of the conditions of the release plan
13occurred. The court shall schedule a hearing after receiving
14notice that the committed person has been returned to a secure
15facility.
165. If the court determines a violation occurred, the court
17shall receive release recommendations from the department of
18human services and either order that the committed person
19be returned to release with supervision or placed in a
20transitional release program, or be confined in a secure
21facility. The court may impose further conditions upon the
22committed person if returned to release with supervision or
23placed in the transitional release program. If the court
24determines no violation occurred, the committed person shall be
25returned to release with supervision.
26 Sec. 547. Section 229A.10, subsection 1, Code 2023, is
27amended to read as follows:
281. If the director of human services determines that the
29person’s mental abnormality has so changed that the person is
30not likely to engage in predatory acts that constitute sexually
31violent offenses if discharged, the director shall authorize
32the person to petition the court for discharge. The petition
33shall be served upon the court and the attorney general. The
34court, upon receipt of the petition for discharge, shall order
35a hearing within thirty days. The attorney general shall
-360-1represent the state, and shall have the right to have the
2petitioner examined by an expert or professional person of
3the attorney general’s choice. The hearing shall be before
4a jury if demanded by either the petitioner or the attorney
5general. If the attorney general objects to the petition for
6discharge, the burden of proof shall be upon the attorney
7general to show beyond a reasonable doubt that the petitioner’s
8mental abnormality or personality disorder remains such that
9the petitioner is likely to engage in predatory acts that
10constitute sexually violent offenses if discharged.
11 Sec. 548. Section 229A.11, Code 2023, is amended to read as
12follows:
13229A.11 Subsequent discharge or transitional release
14petitions — limitations.
15Nothing in this chapter shall prohibit a person from filing
16a petition for discharge or placement in a transitional release
17program, pursuant to this chapter. However, if a person has
18previously filed a petition for discharge or for placement
19in a transitional release program without the authorization
20of the director of human services, and the court determines
21either upon review of the petition or following a hearing that
22the petition was frivolous or that the petitioner’s condition
23had not so changed that the person was not likely to engage
24in predatory acts constituting sexually violent offenses
25if discharged, or was not suitable for placement in the
26transitional release program, then the court shall summarily
27deny the subsequent petition unless the petition contains facts
28upon which a court could find the condition of the petitioner
29had so changed that a hearing was warranted. Upon receipt of a
30first or subsequent petition from a committed person without
31the director’s authorization, the court shall endeavor whenever
32possible to review the petition and determine if the petition
33is based upon frivolous grounds. If the court determines that
34a petition is frivolous, the court shall dismiss the petition
35without a hearing.
-361-1 Sec. 549. Section 229A.12, Code 2023, is amended to read as
2follows:
3229A.12 Director of human services — responsibility for
4costs — reimbursement.
5The director of human services shall be responsible for
6all costs relating to the evaluation, treatment, and services
7provided to a person that are incurred after the person is
8committed to the director’s custody after the court or jury
9determines that the respondent is a sexually violent predator
10and pursuant to commitment under any provision of this chapter.
11If placement in a transitional release program or supervision
12is ordered, the director shall also be responsible for all
13costs related to the transitional release program or to the
14supervision and treatment of any person. Reimbursement may
15be obtained by the director from the patient and any person
16legally liable or bound by contract for the support of the
17patient for the cost of confinement or of care and treatment
18provided. To the extent allowed by the United States social
19security administration, any benefit payments received by the
20person pursuant to the federal Social Security Act shall be
21used for the costs incurred. As used in this section, “any
22person legally liable” does not include a political subdivision.
23 Sec. 550. Section 229A.15B, Code 2023, is amended to read
24as follows:
25229A.15B Rulemaking authority.
26The department of human services shall adopt rules pursuant
27to chapter 17A necessary to administer this chapter.
28 Sec. 551. Section 230.1, Code 2023, is amended to read as
29follows:
30230.1 Definitions.
31As used in this chapter, unless the context otherwise
32requires:
331. “Administrator” means the administrator of the department
34of human services assigned, in accordance with section
35218.1, to control the state mental health institutes, or that
-362-1administrator’s designee.
22. 1. “Book”, “list”, “record”, or “schedule” kept by a
3county auditor, assessor, treasurer, recorder, sheriff, or
4other county officer means the county system as defined in
5section 445.1.
63. 2. “Department” means the department of health and human
7services.
83. “Director” means the director of health and human
9services.
104. “Region” means a mental health and disability services
11region formed in accordance with section 331.389.
125. “Regional administrator” means the same as defined in
13section 331.388.
146. “State mental health institute” or “mental health
15institute” means a mental health institute designated in section
16226.1.
17 Sec. 552. Section 230.1A, Code 2023, is amended to read as
18follows:
19230.1A Liability of county and state.
201. The necessary and legal costs and expenses attending
21 for the taking into custody, care, investigation, admission,
22commitment, and support of a person with mental illness
23admitted or committed to a state hospital mental health
24institute shall be paid by the regional administrator on behalf
25of the person’s county of residence or by the state as follows:
26a. If the person is eighteen years of age or older, as
27follows:
28(1) The costs attributed to mental illness shall be paid by
29the regional administrator on behalf of the person’s county of
30residence.
31(2) The costs attributed to a substance-related substance
32use disorder shall be paid by the person’s county of residence.
33(3) The costs attributable to a dual diagnosis of mental
34illness and a substance-related substance use disorder may be
35split divided as provided in section 226.9C.
-363- 1b. By the state if such person has no residence in this
2state, if the person’s residence is unknown, or if the person
3is under eighteen years of age.
42. The county of residence of any person with mental
5illness who is a patient of any state institution mental health
6institute shall be the person’s county of residence existing at
7the time of admission to the institution institute.
83. A region or county of residence is not liable for
9costs and expenses associated with a person with mental
10illness unless the costs and expenses are for services and
11other support authorized for the person through the regional
12administrator for the county.
13 Sec. 553. Section 230.5, Code 2023, is amended to read as
14follows:
15230.5 Nonresidents.
16If a person’s residence is determined in accordance with
17section 230.2 or 230.3 to be in a foreign state or country,
18or is unknown, the court or the regional administrator of the
19person’s county of residence shall immediately certify the
20determination to the department’s administrator department.
21The certification shall be accompanied by a copy of the
22evidence supporting the determination. A court order issued
23pursuant to section 229.13 shall direct that the patient be
24hospitalized at the appropriate state hospital for persons with
25 mental illness health institute.
26 Sec. 554. Section 230.6, Code 2023, is amended to read as
27follows:
28230.6 Investigation by administrator department.
29The administrator department shall immediately investigate
30the residency of a patient and proceed as follows:
311. If the administrator department concurs with a certified
32determination of residency concerning the patient, the
33administrator department shall cause the patient either to
34be transferred to a state hospital for persons with mental
35illness health institute at the expense of the state, or to be
-364-1transferred, with approval of the court as required by chapter
2229, to the place of foreign residence.
32. If the administrator department disputes a certified
4legal residency determination, the administrator department
5 shall order the patient to be maintained at a state hospital
6for persons with mental illness health institute at the expense
7of the state until the dispute is resolved.
83. If the administrator department disputes a residency
9determination, the administrator department shall utilize the
10procedure provided in section 331.394 to resolve the dispute.
11A determination of the person’s residency status made pursuant
12to section 331.394 is conclusive.
13 Sec. 555. Section 230.7, Code 2023, is amended to read as
14follows:
15230.7 Transfer of nonresidents.
16Upon determining that a patient in a state hospital mental
17health institute who has been involuntarily hospitalized under
18chapter 229 or admitted voluntarily at public expense was
19not a resident of this state at the time of the involuntary
20hospitalization or admission, the administrator director or
21director’s designee may cause that the patient to be conveyed
22to the patient’s place of residence. However, a transfer
23under this section may be made only if the patient’s condition
24so permits and other reasons do not render the transfer
25inadvisable. If the patient was involuntarily hospitalized,
26prior approval of the transfer must shall be obtained from the
27court which ordered the patient hospitalized.
28 Sec. 556. Section 230.8, Code 2023, is amended to read as
29follows:
30230.8 Transfers of persons with mental illness — expenses.
31The transfer to any state hospitals mental health institute
32 or to the places of their residence of persons with mental
33illness who have no residence in this state or whose residence
34is unknown, shall be made according to the directions of the
35administrator department, and when practicable by employees
-365-1of the state hospitals mental health institutes. The actual
2and necessary expenses of such transfers shall be paid by the
3department on itemized vouchers sworn to by the claimants and
4approved by the administrator director.
5 Sec. 557. Section 230.9, Code 2023, is amended to read as
6follows:
7230.9 Subsequent discovery of residence.
8If, after a person has been received by a state hospital for
9persons with mental illness health institute whose residence is
10supposed to be outside this state, the administrator department
11 determines that the residence of the person was, at the time
12of admission or commitment, in a county of this state, the
13administrator department shall certify the determination
14and charge all legal costs and expenses pertaining to the
15admission or commitment and support of the person to the
16regional administrator of the person’s county of residence.
17The certification shall be sent to the regional administrator
18of the person’s county of residence. The certification
19shall be accompanied by a copy of the evidence supporting the
20determination. The costs and expenses shall be collected as
21provided by law in other cases. If the person’s residency
22status has been determined in accordance with section 331.394,
23the legal costs and expenses shall be charged in accordance
24with that determination.
25 Sec. 558. Section 230.10, Code 2023, is amended to read as
26follows:
27230.10 Payment of costs.
28All legal costs and expenses attending for the taking into
29custody, care, investigation, and admission or commitment of
30a person to a state hospital for persons with mental illness
31 health institute under a finding that the person has residency
32in another county of this state shall be charged against the
33regional administrator of the person’s county of residence.
34 Sec. 559. Section 230.11, Code 2023, is amended to read as
35follows:
-366- 1230.11 Recovery of costs from state.
2Costs and expenses attending for the taking into custody,
3care, and investigation of a person who has been admitted
4or committed to a state hospital mental health institute,
5United States department of veterans affairs hospital, or
6other agency of the United States government, for persons with
7mental illness and who has no residence in this state or whose
8residence is unknown, including cost of commitment, if any,
9shall be paid as approved by the administrator department. The
10amount of the costs and expenses approved by the administrator
11 department is appropriated to the department from any moneys in
12the state treasury not otherwise appropriated. Payment shall
13be made by the department on itemized vouchers executed by the
14regional administrator of the person’s county which has paid
15them, and approved by the administrator department.
16 Sec. 560. Section 230.12, Code 2023, is amended to read as
17follows:
18230.12 Residency disputes.
19If a dispute arises between different counties or between
20the administrator department and a regional administrator for a
21county as to the residence of a person admitted or committed
22to a state hospital for persons with mental illness health
23institute, the dispute shall be resolved as provided in section
24331.394.
25 Sec. 561. Section 230.15, Code 2023, is amended to read as
26follows:
27230.15 Personal liability.
281. A person with mental illness and a person legally liable
29for the person’s support remain liable for the support of
30the person with mental illness as provided in this section.
31Persons legally liable for the support of a person with mental
32illness include the spouse of the person, and any person
33bound by contract for support of the person. The regional
34administrator of the person’s county of residence, subject to
35the direction of the region’s governing board, shall enforce
-367-1the obligation created in this section as to all sums advanced
2by the regional administrator. The liability to the regional
3administrator incurred by a person with mental illness or a
4person legally liable for the person’s support under this
5section is limited to an amount equal to one hundred percent
6of the cost of care and treatment of the person with mental
7illness at a state mental health institute for one hundred
8twenty days of hospitalization. This limit of liability may
9be reached by payment of the cost of care and treatment of the
10person with mental illness subsequent to a single admission
11or multiple admissions to a state mental health institute
12or, if the person is not discharged as cured, subsequent to
13a single transfer or multiple transfers to a county care
14facility pursuant to section 227.11. After reaching this
15limit of liability, a person with mental illness or a person
16legally liable for the person’s support is liable to the
17regional administrator for the care and treatment of the person
18with mental illness at a state mental health institute or,
19if transferred but not discharged as cured, at a county care
20facility in an amount not in excess of the average minimum
21cost of the maintenance of an individual who is physically and
22mentally healthy residing in the individual’s own home, which
23standard shall be established and may from time to time be
24revised by the department of human services. A lien imposed
25by section 230.25 shall not exceed the amount of the liability
26which may be incurred under this section on account of a person
27with mental illness.
282. A person with a substance-related substance use
29 disorder is legally liable for the total amount of the cost of
30providing care, maintenance, and treatment for the person with
31a substance-related substance use disorder while a voluntary
32or committed patient. When a portion of the cost is paid
33by a county, the person with a substance-related substance
34use disorder is legally liable to the county for the amount
35paid. The person with a substance-related substance use
-368-1 disorder shall assign any claim for reimbursement under any
2contract of indemnity, by insurance or otherwise, providing
3for the person’s care, maintenance, and treatment in a state
4hospital mental health institute to the state. Any payments
5received by the state from or on behalf of a person with a
6substance-related substance use disorder shall be in part
7credited to the county in proportion to the share of the costs
8paid by the county.
93. Nothing in this section shall be construed to prevent
10a relative or other person from voluntarily paying the full
11actual cost or any portion of the care and treatment of any
12person with mental illness or a substance-related substance use
13 disorder as established by the department of human services.
14 Sec. 562. Section 230.18, Code 2023, is amended to read as
15follows:
16230.18 Expense in county or private hospitals facility.
17The estates of persons with mental illness who may be
18treated or confined in any county hospital or home, or in any
19 private hospital or sanatorium facility, and the estates of
20persons legally bound for their support, shall be liable to the
21regional administrator of the person’s county of residence for
22the reasonable cost of such support.
23 Sec. 563. Section 230.19, Code 2023, is amended to read as
24follows:
25230.19 Nonresidents liable to state — presumption.
26The estates of all nonresident patients provided for and
27treated in state hospitals for persons with mental illness
28 health institutes in this state, and all persons legally bound
29for the support of such patients, shall be liable to the
30state for the reasonable value of the care, maintenance, and
31treatment of such patients while in such hospitals institutes.
32The certificate of the superintendent of the state hospital
33 mental health institute in which any nonresident is or has been
34a patient, showing the amounts drawn from the state treasury or
35due therefrom as provided by law on account of such nonresident
-369-1patient, shall be presumptive evidence of the reasonable value
2of the care, maintenance, and treatment furnished such patient.
3 Sec. 564. Section 230.20, subsection 1, paragraph a,
4subparagraph (1), Code 2023, is amended to read as follows:
5(1) The costs of food, lodging, and other maintenance
6provided to persons not patients of the hospital state mental
7health institute.
8 Sec. 565. Section 230.20, subsection 7, Code 2023, is
9amended to read as follows:
107. A superintendent of a mental health institute may request
11that the director of human services enter into a contract
12with a person for the mental health institute to provide
13consultation or treatment services or for fulfilling other
14purposes which are consistent with the purposes stated in
15section 226.1. The contract provisions shall include charges
16which reflect the actual cost of providing the services or
17fulfilling the other purposes. Any income from a contract
18authorized under this subsection may be retained by the
19mental health institute to defray the costs of providing the
20services. Except for a contract voluntarily entered into by a
21county under this subsection, the costs or income associated
22with a contract authorized under this subsection shall not
23be considered in computing charges and per diem costs in
24accordance with the provisions of subsections 1 through 6.
25 Sec. 566. Section 230.26, Code 2023, is amended to read as
26follows:
27230.26 Regional administrator to keep record.
28The regional administrator shall keep an accurate account
29of the cost of the maintenance of any patient kept in any
30institution facility as provided for in this chapter and keep
31an index of the names of the persons admitted or committed from
32each county in the region. The name of the spouse of the person
33admitted or committed shall also be indexed in the same manner
34as the names of the persons admitted or committed are indexed.
35The book shall be designated as an account book or index, and
-370-1shall have no reference in any place to a lien.
2 Sec. 567. Section 230.31, Code 2023, is amended to read as
3follows:
4230.31 Departers from other states.
5If a person with mental illness departs without proper
6authority from an institution a facility in another state and
7is found in this state, a peace officer in the county in which
8the patient is found may take and detain the patient without
9order and shall report the detention to the administrator
10 department who shall provide for the return of the patient
11to the authorities of the state where the unauthorized leave
12was made. Pending such return, the patient may be detained
13temporarily at one of the institutions of this state under the
14control of the administrator or any other administrator of the
15 department of human services. Expenses incurred under this
16section shall be paid in the same manner as is provided for
17transfers in section 230.8.
18 Sec. 568. Section 230.32, Code 2023, is amended to read as
19follows:
20230.32 Support of nonresident patients on leave.
21The cost of support of patients without residence in this
22state, who are placed on convalescent leave or removed from
23a state mental health institute to any health care facility
24licensed under chapter 135C for rehabilitation purposes,
25shall be paid from the hospital state mental health institute
26 support fund and shall be charged on abstract in the same
27manner as state inpatients, until such time as the patient
28becomes self-supporting or qualifies for support under existing
29statutes.
30 Sec. 569. Section 230.33, Code 2023, is amended to read as
31follows:
32230.33 Reciprocal agreements.
331. The administrator department may enter into agreements
34with other states, through their duly constituted authorities,
35to effect the reciprocal return of persons with mental illness
-371-1and persons with an intellectual disability to the contracting
2states, and to effect the reciprocal supervision of persons on
3convalescent leave.
42. However, in the case of a proposed transfer of a person
5with mental illness or an intellectual disability from this
6state, final action shall not be taken without the approval of
7the district court of the county of admission or commitment.
8 Sec. 570. Section 230A.101, Code 2023, is amended to read
9as follows:
10230A.101 Services system roles.
111. The role of the department of human services, through
12the division of the department designated as the state
13mental health authority with responsibility for state policy
14concerning mental health and disability services, is to develop
15and maintain policies for the mental health and disability
16services system. The policies shall address the service needs
17of individuals of all ages with disabilities in this state,
18regardless of the individuals’ places of residence or economic
19circumstances, and shall be consistent with the requirements of
20chapter 225C and other applicable law.
212. The role of community mental health centers in the
22mental health and disability services system is to provide
23an organized set of services in order to adequately meet the
24mental health needs of this state’s citizens based on organized
25catchment areas.
26 Sec. 571. Section 230A.102, Code 2023, is amended to read
27as follows:
28230A.102 Definitions.
29As used in this chapter, unless the context otherwise
30requires:
311. “Administrator”, “commission” “Commission”, “department”,
32“director”, and “disability services”, and “division” mean the
33same as defined in section 225C.2.
342. “Catchment area” means a community mental health center
35catchment area identified in accordance with this chapter.
-372- 13. “Community mental health center” or “center” means a
2community mental health center designated in accordance with
3this chapter.
4 Sec. 572. Section 230A.103, Code 2023, is amended to read
5as follows:
6230A.103 Designation of community mental health centers.
71. The division department, subject to agreement by any
8community mental health center that would provide services
9for the catchment area and approval by the commission,
10shall designate at least one community mental health center
11under this chapter for addressing the mental health needs of
12the county or counties comprising the catchment area. The
13designation process shall provide for the input of potential
14service providers regarding designation of the initial
15catchment area or a change in the designation.
162. The division department shall utilize objective criteria
17for designating a community mental health center to serve a
18catchment area and for withdrawing such designation. The
19commission shall adopt rules outlining the criteria. The
20criteria shall include but are not limited to provisions for
21meeting all of the following requirements:
22a. An appropriate means shall be used for determining which
23prospective designee is best able to serve all ages of the
24targeted population within the catchment area with minimal or
25no service denials.
26b. An effective means shall be used for determining the
27relative ability of a prospective designee to appropriately
28provide mental health services and other support to consumers
29residing within a catchment area as well as consumers residing
30outside the catchment area. The criteria shall address the
31duty for a prospective designee to arrange placements outside
32the catchment area when such placements best meet consumer
33needs and to provide services within the catchment area to
34consumers who reside outside the catchment area when the
35services are necessary and appropriate.
-373- 13. The board of directors for a designated community mental
2health center shall enter into an agreement with the division
3 department. The terms of the agreement shall include but are
4not limited to all of the following:
5a. The period of time the agreement will be in force.
6b. The services and other support the center will offer or
7provide for the residents of the catchment area.
8c. The standards to be followed by the center in determining
9whether and to what extent the persons seeking services from
10the center shall be considered to be able to pay the costs of
11the services.
12d. The policies regarding availability of the services
13offered by the center to the residents of the catchment area as
14well as consumers residing outside the catchment area.
15e. The requirements for preparation and submission to the
16division department of annual audits, cost reports, program
17reports, performance measures, and other financial and service
18accountability information.
194. This section does not limit the authority of the board or
20the boards of supervisors of any county or group of counties to
21continue to expend money to support operation of a center.
22 Sec. 573. Section 230A.104, Code 2023, is amended to read
23as follows:
24230A.104 Catchment areas.
251. The division department shall collaborate with affected
26counties in identifying community mental health center
27catchment areas in accordance with this section.
282. a. Unless the division department has determined that
29exceptional circumstances exist, a catchment area shall be
30served by one community mental health center. The purpose of
31this general limitation is to clearly designate the center
32responsible and accountable for providing core mental health
33services to the target population in the catchment area and to
34protect the financial viability of the centers comprising the
35mental health services system in the state.
-374- 1b. A formal review process shall be used in determining
2whether exceptional circumstances exist that justify
3designating more than one center to serve a catchment area.
4The criteria for the review process shall include but are not
5limited to a means of determining whether the catchment area
6can support more than one center.
7c. Criteria shall be provided that would allow the
8designation of more than one center for all or a portion of a
9catchment area if designation or approval for more than one
10center was provided by the division department as of October 1,
112010. The criteria shall require a determination that all such
12centers would be financially viable if designation is provided
13for all.
14 Sec. 574. Section 230A.105, subsection 1, paragraph e, Code
152023, is amended to read as follows:
16e. Individuals described in paragraph “a”, “b”, “c”, or “d”
17who have a co-occurring disorder, including but not limited
18to substance abuse use disorder, intellectual disability,
19a developmental disability, brain injury, autism spectrum
20disorder, or another disability or special health care need.
21 Sec. 575. Section 230A.108, Code 2023, is amended to read
22as follows:
23230A.108 Administrative, diagnostic, and demographic
24information.
25Release of administrative and diagnostic information, as
26defined in section 228.1, and demographic information necessary
27for aggregated reporting to meet the data requirements
28established by the division department, relating to an
29individual who receives services from a community mental health
30center, may be made a condition of support of that center by
31the division department.
32 Sec. 576. Section 230A.110, subsections 1 and 2, Code 2023,
33are amended to read as follows:
341. The division department shall recommend and the
35commission shall adopt standards for designated community
-375-1mental health centers and comprehensive community mental health
2programs, with the overall objective of ensuring that each
3center and each affiliate providing services under contract
4with a center furnishes high-quality mental health services
5within a framework of accountability to the community it
6serves. The standards adopted shall conform with federal
7standards applicable to community mental health centers
8and shall be in substantial conformity with the applicable
9behavioral health standards adopted by the joint commission,
10formerly known as the joint commission on accreditation
11of health care organizations, or other recognized national
12standards for evaluation of psychiatric facilities unless in
13the judgment of the division department, with approval of the
14commission, there are sound reasons for departing from the
15standards.
162. When recommending standards under this section, the
17division department shall designate an advisory committee
18representing boards of directors and professional staff
19of designated community mental health centers to assist in
20the formulation or revision of standards. The membership
21of the advisory committee shall include representatives of
22professional and nonprofessional staff and other appropriate
23individuals.
24 Sec. 577. Section 230A.110, subsection 3, paragraph c, Code
252023, is amended to read as follows:
26c. Arrange for the financial condition and transactions
27of the community mental health center to be audited once
28each year by the auditor of state. However, in lieu of an
29audit by the auditor of state, the local governing body of a
30community mental health center organized under this chapter
31may contract with or employ certified public accountants
32to conduct the audit, pursuant to the applicable terms and
33conditions prescribed by sections 11.6 and 11.19 and audit
34format prescribed by the auditor of state. Copies of each
35audit shall be furnished by the auditor or accountant to the
-376-1administrator of the division of mental health and disability
2services department.
3 Sec. 578. Section 230A.111, Code 2023, is amended to read
4as follows:
5230A.111 Review and evaluation.
61. The review and evaluation of designated centers shall
7be performed through a formal accreditation review process as
8recommended by the division department and approved by the
9commission. The accreditation process shall include all of the
10following:
11a. Specific time intervals for full accreditation reviews
12based upon levels of accreditation.
13b. Use of random or complaint-specific, on-site limited
14accreditation reviews in the interim between full accreditation
15reviews, as a quality review approach. The results of such
16reviews shall be presented to the commission.
17c. Use of center accreditation self-assessment tools to
18gather data regarding quality of care and outcomes, whether
19used during full or limited reviews or at other times.
202. The accreditation process shall include but is not
21limited to addressing all of the following:
22a. Measures to address centers that do not meet standards,
23including authority to revoke accreditation.
24b. Measures to address noncompliant centers that do not
25develop a corrective action plan or fail to implement steps
26included in a corrective action plan accepted by the division
27 department.
28c. Measures to appropriately recognize centers that
29successfully complete a corrective action plan.
30d. Criteria to determine when a center’s accreditation
31should be denied, revoked, suspended, or made provisional.
32 Sec. 579. Section 231.4, subsection 1, paragraphs e and f,
33Code 2023, are amended to read as follows:
34e. “Department” means the department on aging of health and
35human services.
-377- 1f. “Director” means the director of the department on aging
2 health and human services.
3 Sec. 580. Section 231.21, Code 2023, is amended to read as
4follows:
5231.21 Department on aging Administration of chapter —
6department of health and human services.
7An Iowa The department on aging is established which of
8health and human services shall administer this chapter
9under the policy direction of the commission on aging. The
10department on aging shall be administered by a director.
11 Sec. 581. Section 231.23, Code 2023, is amended to read as
12follows:
13231.23 Department on aging — duties and authority.
14The department on aging director shall:
151. Develop and administer a state plan on aging.
162. Assist the commission in the review and approval of area
17plans.
183. Pursuant to commission policy, coordinate state
19activities related to the purposes of this chapter and all
20other chapters under the department’s jurisdiction.
214. Advocate for older individuals by reviewing and
22commenting upon all state plans, budgets, laws, rules,
23regulations, and policies which affect older individuals and
24by providing technical assistance to any agency, organization,
25association, or individual representing the needs of older
26individuals.
275. Assist the commission in dividing the state into distinct
28planning and service areas.
296. Assist the commission in designating for each area a
30public or private nonprofit agency or organization as the area
31agency on aging for that area.
327. Pursuant to commission policy, take into account the
33views of older Iowans.
348. Assist the commission in adopting a method for the
35distribution of funds available from the federal Act and state
-378-1appropriations and allocations.
29. Assist the commission in assuring that preference will
3be given to providing services to older individuals with the
4greatest economic or social needs, with particular attention to
5low-income minority older individuals, older individuals with
6limited English proficiency, and older individuals residing in
7rural areas.
810. Assist the commission in developing, adopting, and
9enforcing administrative rules, by issuing necessary forms and
10procedures.
1111. Apply for, receive, and administer grants, devises,
12donations, gifts, or bequests of real or personal property from
13any source to conduct projects consistent with the purposes of
14the department. Notwithstanding section 8.33, moneys received
15by the department pursuant to this section are not subject to
16reversion to the general fund of the state.
1712. Administer state authorized programs.
1813. Establish a procedure for an area agency on aging to
19use in selection of members of the agency’s board of directors.
20The selection procedure shall be incorporated into the bylaws
21of the board of directors.
22 Sec. 582. Section 231.23A, unnumbered paragraph 1, Code
232023, is amended to read as follows:
24The department on aging shall provide or administer, but is
25not limited to providing or administering, all of the following
26programs and services:
27 Sec. 583. Section 231.31, Code 2023, is amended to read as
28follows:
29231.31 State plan on aging.
30The department on aging shall develop, and submit to the
31commission on aging for approval, a multiyear state plan on
32aging. The state plan on aging shall meet all applicable
33federal requirements.
34 Sec. 584. Section 231.32, subsection 2, paragraph d, Code
352023, is amended to read as follows:
-379- 1d. Any public or nonprofit private agency in a planning
2and service area or any separate organizational unit within
3such agency which is under the supervision or direction for
4this purpose of the department on aging and which can and will
5engage only in the planning or provision of a broad range of
6long-term living and community support services or nutrition
7services within the planning and service area.
8 Sec. 585. Section 231.42, subsection 4, paragraph a, Code
92023, is amended to read as follows:
10a. If abuse, neglect, or exploitation of a resident or
11tenant is suspected, the state or a local long-term care
12ombudsman shall, with the permission of the resident or tenant
13as applicable under federal law, make an immediate referral
14to the department of inspections and appeals, the department
15of health and human services, the department on aging, or the
16appropriate law enforcement agency, as applicable.
17 Sec. 586. Section 231.58, Code 2023, is amended to read as
18follows:
19231.58 Long-term living coordination.
20The director may convene meetings, as necessary, of the
21director and the directors of human services, public health,
22and director of inspections and appeals, to assist in the
23coordination of policy, service delivery, and long-range
24planning relating to the long-term living system and older
25Iowans in the state. The group may consult with individuals,
26institutions and entities with expertise in the area of the
27long-term living system and older Iowans, as necessary, to
28facilitate the group’s efforts.
29 Sec. 587. Section 231C.5, subsection 2, paragraph b,
30subparagraph (2), subparagraph division (c), Code 2023, is
31amended to read as follows:
32(c) Contact information for the department of health and
33 human services and the senior health insurance information
34program to assist tenants in accessing third-party payment
35sources.
-380-1 Sec. 588. Section 231C.5A, Code 2023, is amended to read as
2follows:
3231C.5A Assessment of tenants — program eligibility.
4An assisted living program receiving reimbursement through
5the medical assistance program under chapter 249A shall
6assist the department of veterans affairs in identifying, upon
7admission of a tenant, the tenant’s eligibility for benefits
8through the United States department of veterans affairs. The
9assisted living program shall also assist the commission of
10veterans affairs in determining such eligibility for tenants
11residing in the program on July 1, 2009. The department of
12inspections and appeals, in cooperation with the department of
13health and human services, shall adopt rules to administer this
14section, including a provision that ensures that if a tenant is
15eligible for benefits through the United States department of
16veterans affairs or other third-party payor, the payor of last
17resort for reimbursement to the assisted living program is the
18medical assistance program. The rules shall also require the
19assisted living program to request information from a tenant or
20tenant’s personal representative regarding the tenant’s veteran
21status and to report to the department of veterans affairs
22only the names of tenants identified as potential veterans
23along with the names of their spouses and any dependents.
24Information reported by the assisted living program shall be
25verified by the department of veterans affairs.
26 Sec. 589. Section 231E.3, subsections 5 and 6, Code 2023,
27are amended to read as follows:
285. “Department” means the department on aging established in
29section 231.21 of health and human services.
306. “Director” means the director of the department on aging
31 health and human services.
32 Sec. 590. Section 231E.4, subsection 3, paragraph e, Code
332023, is amended to read as follows:
34e. Work with the department of human services, the
35Iowa department of public health, the Iowa developmental
-381-1disabilities council, and other agencies to establish
2a referral system for the provision of guardianship,
3conservatorship, and representative payee services.
4 Sec. 591. Section 232.2, subsections 14 and 18, Code 2023,
5are amended to read as follows:
614. “Department” means the department of health and human
7services and includes the local, and county, and service area
8 officers of the department.
918. “Director” means the director of the department of
10 health and human services or that person’s the director’s
11 designee.
12 Sec. 592. Section 232.11, subsections 3, 4, and 5, Code
132023, are amended to read as follows:
143. If the child is not represented by counsel as required
15under subsection 1, counsel shall be provided as follows:
16a. If the court determines, after giving the child’s parent,
17guardian, or custodian an opportunity to be heard, that such
18person has the ability in whole or in part to pay for the
19employment of counsel, it shall either order that person to
20retain an attorney to represent the child or shall appoint
21counsel for the child and order the parent, guardian, or
22custodian to pay for that counsel as provided in subsection 5.
23b. If the court determines that the parent, guardian,
24or custodian cannot pay any part of the expenses of counsel
25to represent the child, it shall appoint counsel, who shall
26be reimbursed according to section 232.141, subsection 2,
27paragraph “b”.
28c. The court may appoint counsel to represent the child
29and reserve the determination of payment until the parent,
30guardian, or custodian has an opportunity to be heard.
314. If the child is represented by counsel and the court
32determines that there is a conflict of interest between the
33child and the child’s parent, guardian, or custodian and that
34the retained counsel could not properly represent the child as
35a result of the conflict, the court shall appoint other counsel
-382-1to represent the child and order the parent, guardian, or
2custodian to pay for such counsel as provided in subsection 5.
35. If the court determines, after an inquiry which includes
4notice and reasonable opportunity to be heard that the parent,
5guardian, or custodian has the ability to pay in whole or
6in part for the attorney appointed for the child, the court
7may order that person to pay such sums as the court finds
8appropriate in the manner and to whom the court directs. If
9the person so ordered fails to comply with the order without
10good reason, the court shall enter judgment against the person.
11 Sec. 593. Section 232.21, subsection 2, paragraph a,
12subparagraph (3), Code 2023, is amended to read as follows:
13(3) An institution or other facility operated by the
14department of human services, or one which is licensed or
15otherwise authorized by law to receive and provide care for the
16child.
17 Sec. 594. Section 232.22, subsection 5, paragraph b, Code
182023, is amended to read as follows:
19b. The court determines that an acceptable alternative
20placement does not exist pursuant to criteria developed by the
21department of human services.
22 Sec. 595. Section 232.28, subsections 3, 4, and 5, Code
232023, are amended to read as follows:
243. In the course of a preliminary inquiry, the intake
25officer may:
26a. Interview the complainant, victim, or witnesses of the
27alleged delinquent act.
28b. Check existing records of the court, law enforcement
29agencies, public records of other agencies, and child abuse
30records as provided in section 235A.15, subsection 2, paragraph
31“e”.
32c. Hold conferences with the child and the child’s parent or
33parents, guardian, or custodian for the purpose of interviewing
34them and discussing the disposition of the complaint in
35accordance with the requirements set forth in subsection 8.
-383- 1d. Examine any physical evidence pertinent to the complaint.
2e. Interview such persons as are necessary to determine
3whether the filing of a petition would be in the best interests
4of the child and the community as provided in section 232.35,
5subsections 2 and 3.
64. Any additional inquiries may be made only with the
7consent of the child and the child’s parent or parents,
8guardian, or custodian.
95. Participation of the child and the child’s parent or
10parents, guardian, or custodian in a conference with an intake
11officer shall be voluntary, and they shall have the right to
12refuse to participate in such conference. At such conference
13the child shall have the right to the assistance of counsel in
14accordance with section 232.11 and the right to remain silent
15when questioned by the intake officer.
16 Sec. 596. Section 232.29, subsection 1, paragraphs b, d, and
17g, Code 2023, are amended to read as follows:
18b. The intake officer shall advise the child and the child’s
19parent, guardian, or custodian that they have the right to
20refuse an informal adjustment of the complaint and demand the
21filing of a petition and a formal adjudication.
22d. The terms of such agreement shall be clearly stated in
23writing and signed by all parties to the agreement and a copy
24of this agreement shall be given to the child; the counsel for
25the child; the parent, guardian, or custodian; and the intake
26officer, who shall retain the copy in the case file.
27g. The child and the child’s parent, guardian, or custodian
28shall have the right to terminate such agreement at any
29time and to request the filing of a petition and a formal
30adjudication.
31 Sec. 597. Section 232.38, Code 2023, is amended to read as
32follows:
33232.38 Presence of parents at hearings.
341. Any hearings or proceedings under this subchapter
35subsequent to the filing of a petition shall not take place
-384-1without the presence of one or both of the child’s parents,
2guardian, or custodian except that a hearing or proceeding may
3take place without such presence if the parent, guardian, or
4custodian fails to appear after reasonable notification, or if
5the court finds that a reasonably diligent effort has been made
6to notify the child’s parent, guardian, or custodian, and the
7effort was unavailing.
82. In any such hearings or proceedings the court may
9temporarily excuse the presence of the parent, guardian, or
10custodian when the court deems it in the best interests of the
11child. Counsel for the parent, guardian, or custodian shall
12have the right to participate in a hearing or proceeding during
13the absence of the parent, guardian, or custodian.
14 Sec. 598. Section 232.43, subsection 2, Code 2023, is
15amended to read as follows:
162. The county attorney and the child’s counsel may mutually
17consider a plea agreement which contemplates entry of a plea
18admitting the allegations of the petition in the expectation
19that other charges will be dismissed or not filed or that a
20specific disposition will be recommended by the county attorney
21and granted by the court. Any plea discussion shall be open to
22the child and the child’s parent, guardian, or custodian.
23 Sec. 599. Section 232.44, subsection 5, paragraph b,
24subparagraph (1), Code 2023, is amended to read as follows:
25(1) Place the child in the custody of a parent, guardian,
26 or custodian under that person’s supervision, or under the
27supervision of an organization which agrees to supervise the
28child.
29 Sec. 600. Section 232.44, subsection 7, Code 2023, is
30amended to read as follows:
317. If a child held in shelter care or detention by court
32order has not been released after a detention hearing or has
33not appeared at an adjudicatory hearing before the expiration
34of the order of detention, an additional hearing shall
35automatically be scheduled for the next court day following the
-385-1expiration of the order. The child, the child’s counsel, the
2child’s guardian ad litem, and the child’s parent, guardian,
3 or custodian shall be notified of this hearing not less than
4twenty-four hours before the hearing is scheduled to take
5place. The hearing required by this subsection may be held by
6telephone conference call.
7 Sec. 601. Section 232.46, subsection 1, paragraph b, Code
82023, is amended to read as follows:
9b. A child’s need for shelter placement or for inpatient
10mental health or substance abuse use disorder treatment does
11not preclude entry or continued execution of a consent decree.
12 Sec. 602. Section 232.46, subsection 3, Code 2023, is
13amended to read as follows:
143. A consent decree shall not be entered unless the child
15and the child’s parent, guardian, or custodian is informed
16of the consequences of the decree by the court and the court
17determines that the child has voluntarily and intelligently
18agreed to the terms and conditions of the decree. If the
19county attorney objects to the entry of a consent decree,
20the court shall proceed to determine the appropriateness of
21entering a consent decree after consideration of any objections
22or reasons for entering such a decree.
23 Sec. 603. Section 232.52, subsection 2, paragraph d,
24subparagraph (3), Code 2023, is amended to read as follows:
25(3) The department of human services for purposes of
26foster care and prescribing the type of placement which will
27serve the best interests of the child and the means by which
28the placement shall be monitored by the court. The court
29shall consider ordering placement in family foster care as an
30alternative to group foster care.
31 Sec. 604. Section 232.52, subsection 2, paragraph e,
32unnumbered paragraph 1, Code 2023, is amended to read as
33follows:
34An order transferring the custody of the child, subject to
35the continuing jurisdiction and custody of the court for the
-386-1purposes of section 232.54, to the director of the department
2of human services for purposes of placement in the state
3training school or other facility, provided that the child is
4at least twelve years of age and the court finds the placement
5to be in the best interests of the child or necessary for the
6protection of the public, and that the child has been found to
7have committed an act which is a forcible felony, as defined
8in section 702.11, or a felony violation of section 124.401
9or chapter 707, or the court finds any three of the following
10conditions exist:
11 Sec. 605. Section 232.52, subsections 6, 8, and 9, Code
122023, are amended to read as follows:
136. If the court orders the transfer of custody of the
14child to the department of human services or other agency
15for placement, the department or agency responsible for the
16placement of the child shall submit a case permanency plan to
17the court and shall make every effort to return the child to
18the child’s home as quickly as possible.
198. If the court orders the transfer of the custody of the
20child to the department of human services or to another agency
21for placement in group foster care, the department or agency
22shall make every reasonable effort to place the child in the
23least restrictive, most family-like, and most appropriate
24setting available and in close proximity to the parents’ home,
25consistent with the child’s best interests and special needs,
26and shall consider the placement’s proximity to the school in
27which the child is enrolled at the time of placement.
289. If a child has previously been adjudicated as a child
29in need of assistance, and a social worker or other caseworker
30from the department of human services has been assigned to work
31on the child’s case, the court may order the department of
32human services to assign the same social worker or caseworker
33to work on any matters related to the child arising under this
34subchapter.
35 Sec. 606. Section 232.52, subsection 10, paragraph a,
-387-1unnumbered paragraph 1, Code 2023, is amended to read as
2follows:
3Upon receipt of an application from the director of the
4department of human services, the court shall enter an order
5to temporarily transfer a child who has been placed in the
6state training school pursuant to subsection 2, paragraph “e”,
7to a facility which has been designated to be an alternative
8placement site for the state training school, provided the
9court finds that all of the following conditions exist:
10 Sec. 607. Section 232.68, subsection 4, Code 2023, is
11amended to read as follows:
124. “Department” means the state department of health and
13 human services and includes the local, and county, and service
14area offices of the department.
15 Sec. 608. Section 232.69, subsection 1, paragraph b,
16subparagraphs (6) and (7), Code 2023, are amended to read as
17follows:
18(6) An employee or operator of a substance abuse use
19disorder program or facility licensed under chapter 125.
20(7) An employee of a department of human services
21 institution listed in section 218.1.
22 Sec. 609. Section 232.70, subsections 3, 5, and 6, Code
232023, are amended to read as follows:
243. The oral report shall be made by telephone or otherwise
25to the department of human services. If the person making the
26report has reason to believe that immediate protection for the
27child is advisable, that person shall also make an oral report
28to an appropriate law enforcement agency.
295. The oral and written reports shall contain the following
30information, or as much thereof of the following information as
31the person making the report is able to furnish:
32a. The names and home address of the child and the child’s
33parents or other persons believed to be responsible for the
34child’s care;.
35b. The child’s present whereabouts if not the same as the
-388-1parent’s or other person’s home address;.
2c. The child’s age;.
3d. The nature and extent of the child’s injuries, including
4any evidence of previous injuries;.
5e. The name, age and condition of other children in the same
6home;.
7f. Any other information which the person making the report
8believes might be helpful in establishing the cause of the
9injury to the child, the identity of the person or persons
10responsible for the injury, or in providing assistance to the
11child; and.
12g. The name and address of the person making the report.
136. A report made by a permissive reporter, as defined in
14section 232.69, subsection 2, shall be regarded as a report
15pursuant to this chapter whether or not the report contains
16all of the information required by this section and may be
17made to the department of human services, county attorney, or
18law enforcement agency. If the report is made to any agency
19other than the department of human services, such agency shall
20promptly refer the report to the department of human services.
21 Sec. 610. Section 232.72, subsections 1 and 2, Code 2023,
22are amended to read as follows:
231. For the purposes of this subchapter, the terms
24“department of health and human services”, “department”, or
25“county attorney” ordinarily refer to the service area or local
26office of the department of human services or of the county
27attorney’s office serving the county in which the child’s home
28is located.
292. If the person making a report of child abuse pursuant to
30this chapter does not know where the child’s home is located,
31or if the child’s home is not located in the service area where
32the health practitioner examines, attends, or treats the child,
33 the report may be made to the department or to the local office
34serving the county where the person making the report resides
35or the county where the health practitioner examines, attends,
-389-1or treats the child. These agencies shall promptly proceed as
2provided in section 232.71B, unless the matter is transferred
3as provided in this section.
4 Sec. 611. Section 232.75, subsection 3, Code 2023, is
5amended to read as follows:
63. A person who reports or causes to be reported to the
7department of human services false information regarding an
8alleged act of child abuse, knowing that the information
9is false or that the act did not occur, commits a simple
10misdemeanor.
11 Sec. 612. Section 232.78, subsection 4, Code 2023, is
12amended to read as follows:
134. The juvenile court may enter an order authorizing
14a physician or physician assistant or hospital to provide
15emergency medical or surgical procedures before the filing of
16a petition under this chapter provided all of the following
17conditions are met:
18a. Such procedures are necessary to safeguard the life and
19health of the child; and.
20b. There is not enough time to file a petition under this
21chapter and hold a hearing as provided in section 232.95.
22 Sec. 613. Section 232.79, subsection 4, paragraphs a and b,
23Code 2023, are amended to read as follows:
24a. When the court is informed that there has been an
25emergency removal or keeping of a child without a court order,
26the court shall direct the department of human services or
27the juvenile probation department to make every reasonable
28effort to communicate immediately with the child’s parent or
29parents or other person legally responsible for the child’s
30care. Upon locating the child’s parent or parents or other
31person legally responsible for the child’s care, the department
32of human services or the juvenile probation department shall,
33in accordance with court-established procedures, immediately
34orally inform the court. After orally informing the court,
35the department of human services or the juvenile probation
-390-1department shall provide to the court written documentation of
2the oral information.
3b. The court shall authorize the department of human
4services or the juvenile probation department to cause a
5child thus removed or kept to be returned if it concludes
6there is not an imminent risk to the child’s life and health
7in so doing. If the department of human services or the
8juvenile probation department receives information which could
9affect the court’s decision regarding the child’s return,
10the department of human services or the juvenile probation
11department, in accordance with court established procedures,
12shall immediately orally provide the information to the
13court. After orally providing the information to the court,
14the department of human services or the juvenile probation
15department shall provide to the court written documentation
16of the oral information. If the child is not returned,
17the department of human services or the juvenile probation
18department shall forthwith cause a petition to be filed within
19three days after the removal.
20 Sec. 614. Section 232.81, subsection 2, Code 2023, is
21amended to read as follows:
222. Upon receipt of a complaint, the court may request the
23department of human services, juvenile probation office, or
24other authorized agency or individual to conduct a preliminary
25investigation of the complaint to determine if further action
26should be taken.
27 Sec. 615. Section 232.82, subsection 2, Code 2023, is
28amended to read as follows:
292. If an order is entered under subsection 1 and a petition
30has not yet been filed under this chapter, the petition shall
31be filed under section 232.87 by the county attorney, the
32department of human services, or a juvenile court officer
33within three days of the entering of the order.
34 Sec. 616. Section 232.87, subsection 2, Code 2023, is
35amended to read as follows:
-391- 12. A petition may be filed by the department of human
2services, juvenile court officer, or county attorney.
3 Sec. 617. Section 232.89, subsection 3, Code 2023, is
4amended to read as follows:
53. The court shall determine, after giving the parent,
6guardian, or custodian an opportunity to be heard, whether
7the person has the ability to pay in whole or in part for
8counsel appointed for the child. If the court determines
9that the person possesses sufficient financial ability,
10the court shall then consult with the department of human
11services, the juvenile probation office, or other authorized
12agency or individual regarding the likelihood of impairment
13of the relationship between the child and the child’s parent,
14guardian, or custodian as a result of ordering the parent,
15guardian, or custodian to pay for the child’s counsel. If
16impairment is deemed unlikely, the court shall order that
17person to pay an amount the court finds appropriate in the
18manner and to whom the court directs. If the person fails to
19comply with the order without good reason, the court shall
20enter judgment against the person. If impairment is deemed
21likely or if the court determines that the parent, guardian,
22or custodian cannot pay any part of the expenses of counsel
23appointed to represent the child, counsel shall be reimbursed
24pursuant to section 232.141, subsection 2, paragraph “b”.
25 Sec. 618. Section 232.96, subsections 4 and 6, Code 2023,
26are amended to read as follows:
274. A report made to the department of human services
28 pursuant to chapter 235A shall be admissible in evidence,
29but such a report shall not alone be sufficient to support a
30finding that the child is a child in need of assistance unless
31the attorneys for the child and the parents consent to such a
32finding.
336. A report, study, record, or other writing or an
34audiotape or videotape recording made by the department of
35human services, a juvenile court officer, a peace officer, a
-392-1child protection center, or a hospital relating to a child in a
2proceeding under this subchapter is admissible notwithstanding
3any objection to hearsay statements contained in it provided
4it is relevant and material and provided its probative value
5substantially outweighs the danger of unfair prejudice to the
6child’s parent, guardian, or custodian. The circumstances of
7the making of the report, study, record or other writing or an
8audiotape or videotape recording, including the maker’s lack of
9personal knowledge, may be proved to affect its weight.
10 Sec. 619. Section 232.97, subsection 1, Code 2023, is
11amended to read as follows:
121. The court shall not make a disposition of the petition
13until five working days after a social report has been
14submitted to the court and counsel for the child and has been
15considered by the court. The court may waive the five-day
16requirement upon agreement by all the parties. The court may
17direct either the juvenile court officer or the department
18of human services or any other agency licensed by the state
19to conduct a social investigation and to prepare a social
20report which may include any evidence provided by an individual
21providing foster care for the child. A report prepared shall
22include any founded reports of child abuse.
23 Sec. 620. Section 232.98, subsection 2, Code 2023, is
24amended to read as follows:
252. Following an adjudication that a child is a child in need
26of assistance, the court may after a hearing order the physical
27or mental examination of the parent, guardian, or custodian if
28that person’s ability to care for the child is at issue.
29 Sec. 621. Section 232.100, Code 2023, is amended to read as
30follows:
31232.100 Suspended judgment.
32After the dispositional hearing the court may enter an
33order suspending judgment and continuing the proceedings
34subject to terms and conditions imposed to assure the proper
35care and protection of the child. Such terms and conditions
-393-1may include the supervision of the child and of the parent,
2guardian, or custodian by the department of human services,
3juvenile court office, or other appropriate agency designated
4by the court. The maximum duration of any term or condition of
5a suspended judgment shall be twelve months unless the court
6finds at a hearing held during the last month of that period
7that exceptional circumstances require an extension of the term
8or condition for an additional six months.
9 Sec. 622. Section 232.101, subsection 1, Code 2023, is
10amended to read as follows:
111. After the dispositional hearing, the court may enter an
12order permitting the child’s parent, guardian, or custodian
13at the time of the filing of the petition to retain custody
14of the child subject to terms and conditions which the court
15prescribes to assure the proper care and protection of the
16child. Such terms and conditions may include supervision
17of the child and the parent, guardian, or custodian by the
18department of human services, juvenile court office, or other
19appropriate agency which the court designates. Such terms
20and conditions may also include the provision or acceptance
21by the parent, guardian, or custodian of special treatment or
22care which the child needs for the child’s physical or mental
23health. If the parent, guardian, or custodian fails to provide
24the treatment or care, the court may order the department
25of human services or some other appropriate state agency to
26provide such care or treatment.
27 Sec. 623. Section 232.102, subsections 4 and 6, Code 2023,
28are amended to read as follows:
294. a. Whenever possible the court should permit the
30child to remain at home with the child’s parent, guardian, or
31custodian. Custody of the child should not be transferred
32unless the court finds there is clear and convincing evidence
33that of any of the following:
34(1) The child cannot be protected from physical abuse
35without transfer of custody; or.
-394- 1(2) The child cannot be protected from some harm which would
2justify the adjudication of the child as a child in need of
3assistance and an adequate placement is available.
4b. In order to transfer custody of the child under
5this subsection, the court must make a determination that
6continuation of the child in the child’s home would be contrary
7to the welfare of the child, and shall identify the reasonable
8efforts that have been made. The court’s determination
9regarding continuation of the child in the child’s home,
10and regarding reasonable efforts, including those made to
11prevent removal and those made to finalize any permanency
12plan in effect, as well as any determination by the court
13that reasonable efforts are not required, must be made on
14a case-by-case basis. The grounds for each determination
15must be explicitly documented and stated in the court order.
16However, preserving the safety of the child is the paramount
17consideration. If imminent danger to the child’s life or
18health exists at the time of the court’s consideration, the
19determinations otherwise required under this paragraph shall
20not be a prerequisite for an order for removal of the child.
21If the court transfers custody of the child, unless the
22court waives the requirement for making reasonable efforts or
23otherwise makes a determination that reasonable efforts are not
24required, reasonable efforts shall be made to make it possible
25for the child to safely return to the family’s home.
266. In any order transferring custody to the department
27or an agency, or in orders pursuant to a custody order, the
28court shall specify the nature and category of disposition
29which will serve the best interests of the child, and shall
30prescribe the means by which the placement shall be monitored
31by the court. If the court orders the transfer of the custody
32of the child to the department of human services or other
33agency for placement, the department or agency shall submit
34a case permanency plan to the court and shall make every
35reasonable effort to return the child to the child’s home as
-395-1quickly as possible consistent with the best interests of the
2child. When the child is not returned to the child’s home and
3if the child has been previously placed in a licensed foster
4care facility, the department or agency shall consider placing
5the child in the same licensed foster care facility. If the
6court orders the transfer of custody to a parent who does not
7have physical care of the child, other relative, or other
8suitable person, the court may direct the department or other
9agency to provide services to the child’s parent, guardian,
10or custodian in order to enable them to resume custody of the
11child. If the court orders the transfer of custody to the
12department of human services or to another agency for placement
13in group foster care, the department or agency shall make every
14reasonable effort to place the child in the least restrictive,
15most family-like, and most appropriate setting available, and
16in close proximity to the parents’ home, consistent with the
17child’s best interests and special needs, and shall consider
18the placement’s proximity to the school in which the child is
19enrolled at the time of placement.
20 Sec. 624. Section 232.103A, subsections 3 and 5, Code 2023,
21are amended to read as follows:
223. The juvenile court shall designate the petitioner and
23respondent for the purposes of the bridge order. A bridge
24order shall only address matters of custody, physical care, and
25visitation. All other matters, including child support, shall
26be filed by separate petition or by action of the child support
27recovery unit services, and shall be subject to existing
28applicable statutory provisions.
295. The district court shall take judicial notice of the
30juvenile file in any hearing related to the case. Records
31contained in the district court case file that were copied or
32transferred from the juvenile court file concerning the case
33shall be subject to section 232.147 and other confidentiality
34provisions of this chapter for cases not involving juvenile
35delinquency, and shall be disclosed, upon request, to the child
-396-1support recovery unit services without a court order.
2 Sec. 625. Section 232.111, subsection 1, Code 2023, is
3amended to read as follows:
41. A child’s guardian, guardian ad litem, or custodian,
5the department of human services, a juvenile court officer, or
6the county attorney may file a petition for termination of the
7parent-child relationship and parental rights with respect to a
8child.
9 Sec. 626. Section 232.116, subsection 1, paragraph l, Code
102023, is amended to read as follows:
11l. The court finds that all of the following have occurred:
12(1) The child has been adjudicated a child in need of
13assistance pursuant to section 232.96 and custody has been
14transferred from the child’s parents for placement pursuant to
15section 232.102.
16(2) The parent has a severe substance-related substance use
17 disorder as described by either of the following:
18(a) The severe substance-related substance use disorder
19meets the definition for that term as defined in the most
20current edition of the diagnostic and statistical manual
21prepared by the American psychiatric association, and the
22parent presents a danger to self or others as evidenced by
23prior acts.
24(b) The disorder is evidenced by continued and repeated use
25through the case, the parent’s refusal to obtain a substance
26abuse use disorder evaluation or treatment after given the
27opportunity to do so, and the parent presents a danger to self
28or others as evidenced by prior acts.
29(3) There is clear and convincing evidence that the parent’s
30prognosis indicates that the child will not be able to be
31returned to the custody of the parent within a reasonable
32period of time considering the child’s age and need for a
33permanent home.
34 Sec. 627. Section 232.142, Code 2023, is amended to read as
35follows:
-397- 1232.142 Maintenance and cost of juvenile homes — fund.
21. County boards of supervisors which singly or in
3conjunction with one or more other counties provide and
4maintain juvenile detention and juvenile shelter care homes are
5subject to this section.
62. For the purpose of providing and maintaining a county
7or multicounty home, the board of supervisors of any county
8may issue general county purpose bonds in accordance with
9sections 331.441 through 331.449. Expenses for providing and
10maintaining a multicounty home shall be paid by the counties
11participating in a manner to be determined by the boards of
12supervisors.
133. A county or multicounty juvenile detention home approved
14pursuant to this section shall receive financial aid from the
15state in a manner approved by the director, the director of the
16department of human rights, or a designee of the director of
17the department of human rights. Aid paid by the state shall
18be at least ten percent and not more than fifty percent of the
19total cost of the establishment, improvements, operation, and
20maintenance of the home. This subsection is repealed July 1,
212023.
224. The director, the director of the department of human
23rights, or a designee of the director of the department of
24human rights shall adopt minimal rules and standards for the
25establishment, maintenance, and operation of such homes as
26shall be necessary to effect the purposes of this chapter. The
27rules shall apply the requirements of section 237.8, concerning
28employment and evaluation of persons with direct responsibility
29for a child or with access to a child when the child is
30alone and persons residing in a child foster care facility,
31to persons employed by, residing in, or volunteering for a
32home approved under this section. The director shall, upon
33request, give guidance and consultation in the establishment
34and administration of the homes and programs for the homes.
35This subsection is repealed July 1, 2023.
-398- 15. The director, the director of the department of human
2rights, or a designee of the director of the department of
3human rights shall approve annually all such homes established
4and maintained under the provisions of this chapter. A home
5shall not be approved unless it complies with minimal rules and
6standards adopted by the director and has been inspected by the
7department of inspections and appeals. The statewide number
8of beds in the homes approved by the director shall not exceed
9two hundred seventy-two beds beginning July 1, 2017. This
10subsection is repealed July 1, 2023.
116. A juvenile detention home fund is created in the
12state treasury under the authority of the department or the
13department of human rights as the department and the department
14of human rights agree. The fund shall consist of moneys
15deposited in the fund pursuant to section 602.8108. The moneys
16in the fund shall be used for the costs of the establishment,
17improvement, operation, and maintenance of county or
18multicounty juvenile detention homes in accordance with annual
19appropriations made by the general assembly from the fund for
20these purposes. This subsection is repealed July 1, 2023.
21 Sec. 628. Section 232.147, subsection 2, paragraphs c, e,
22and j, Code 2023, are amended to read as follows:
23c. The child’s parent, guardian, or custodian, court
24appointed special advocate, and guardian ad litem, and
25the members of the child advocacy board created in section
26237.16 or a local citizen foster care review board created in
27accordance with section 237.19 who are assigning or reviewing
28the child’s case.
29e. An agency, individual, association, facility, or
30institution responsible for the care, treatment, or supervision
31of the child pursuant to a court order or voluntary placement
32agreement with the department of human services, juvenile
33officer, or intake officer.
34j. The department of human services.
35 Sec. 629. Section 232.147, subsection 3, paragraphs c, e,
-399-1and h, Code 2023, are amended to read as follows:
2c. The child’s parent, guardian, or custodian, court
3appointed special advocate, guardian ad litem, and the members
4of the child advocacy board created in section 237.16 or a
5local citizen foster care review board created in accordance
6with section 237.19 who are assigning or reviewing the child’s
7case.
8e. An agency, individual, association, facility, or
9institution responsible for the care, treatment, or supervision
10of the child pursuant to a court order or voluntary placement
11agreement with the department of human services, juvenile court
12officer, or intake officer.
13h. The department of human services.
14 Sec. 630. Section 232.147, subsection 4, paragraphs c, f,
15and j, Code 2023, are amended to read as follows:
16c. The child’s parent, guardian, or custodian, court
17appointed special advocate, guardian ad litem, and the members
18of the child advocacy board created in section 237.16 or a
19local citizen foster care review board created in accordance
20with section 237.19 who are assigning or reviewing the child’s
21case.
22f. An agency, individual, association, facility, or
23institution responsible for the care, treatment, or supervision
24of the child pursuant to a court order or voluntary placement
25agreement with the department of human services, juvenile court
26officer, or intake officer.
27j. The department of human services.
28 Sec. 631. Section 232.147, subsection 7, Code 2023, is
29amended to read as follows:
307. Official juvenile court records enumerated in section
31232.2, subsection 43, paragraph “e”, relating to paternity,
32support, or the termination of parental rights, shall be
33disclosed, upon request, to the child support recovery unit
34 services without court order.
35 Sec. 632. Section 232.149, subsection 5, paragraph h, Code
-400-12023, is amended to read as follows:
2h. The department of human services.
3 Sec. 633. Section 232.149A, subsection 3, paragraphs c and
4e, Code 2023, are amended to read as follows:
5c. The child’s parent, guardian, or custodian, court
6appointed special advocate, and guardian ad litem, and
7the members of the child advocacy board created in section
8237.16 or a local citizen foster care review board created in
9accordance with section 237.19 who are assigning or reviewing
10the child’s case.
11e. An agency, association, facility, or institution which
12has custody of the child, or is legally responsible for the
13care, treatment, or supervision of the child, including but not
14limited to the department of human services.
15 Sec. 634. Section 232.158A, subsection 1, unnumbered
16paragraph 1, Code 2023, is amended to read as follows:
17Notwithstanding any provision of the interstate compact
18on the placement of children under section 232.158 to the
19contrary, the department of human services shall permit the
20legal risk placement of a child under the interstate compact on
21the placement of children if the prospective adoptive parent
22provides a legal risk statement, in writing, acknowledging all
23of the following:
24 Sec. 635. Section 232.158A, subsection 1, paragraph d, Code
252023, is amended to read as follows:
26d. That the prospective adoptive parent assumes full legal,
27financial, and other risks associated with the legal risk
28placement and that the prospective adoptive parent agrees
29to hold the department of human services harmless for any
30disruption or failure of the placement.
31 Sec. 636. Section 232.160, Code 2023, is amended to read as
32follows:
33232.160 Department of health and human services as public
34authority.
35The “appropriate public authorities” as used in article III
-401-1of the interstate compact on the placement of children under
2section 232.158 shall, with reference to this state, mean the
3state department of health and human services and said the
4 department shall receive and act with reference to notices
5required by article III of that interstate compact.
6 Sec. 637. Section 232.161, Code 2023, is amended to read as
7follows:
8232.161 Department as authority in receiving state.
9As used in paragraph “a” of article V of the interstate
10compact on the placement of children under section 232.158,
11the phrase “appropriate authority in the receiving state” with
12reference to this state shall mean means the state department
13of health and human services.
14 Sec. 638. Section 232.162, Code 2023, is amended to read as
15follows:
16232.162 Authority to enter agreements.
17The officers and agencies of this state and its subdivisions
18having authority to place children may enter into agreements
19with appropriate officers or agencies of or in other party
20states pursuant to paragraph “b” of article V of the interstate
21compact on the placement of children under section 232.158.
22Any such agreement which contains a financial commitment or
23imposes a financial obligation on this state or a subdivision
24or agency of this state shall not be binding unless it has the
25approval in writing of the administrator of child and family
26services director or the director’s designee in the case of the
27state and the county general assistance director in the case
28of a subdivision of the state.
29 Sec. 639. Section 232.168, Code 2023, is amended to read as
30follows:
31232.168 Attorney general to enforce.
32The attorney general may, on the attorney general’s own
33initiative, institute any criminal and civil actions and
34proceedings under this subchapter, at whatever stage of
35placement necessary, to enforce the interstate compact on
-402-1the placement of children, including, but not limited to,
2seeking enforcement of the provisions of the compact through
3the courts of a party state. The department of human services
4 shall cooperate with the attorney general and shall refer any
5placement or proposed placement to the attorney general which
6may require enforcement measures.
7 Sec. 640. Section 232.171, subsection 4, Code 2023, is
8amended to read as follows:
94. Article IV — Return of runaways.
10a. (1) That the parent, guardian, or person or agency
11entitled to legal custody of a juvenile who has not been
12adjudged delinquent but who has run away without the consent
13of such parent, guardian, or person or agency may petition
14the appropriate court in the demanding state for the issuance
15of a requisition for the juvenile’s return. The petition
16shall state the name and age of the juvenile, the name of the
17petitioner and the basis of entitlement to the juvenile’s
18custody, the circumstances of the juvenile’s running away,
19the juvenile’s location if known at the time application
20is made, and such other facts as may tend to show that the
21juvenile who has run away is endangering the juvenile’s own
22welfare or the welfare of others and is not an emancipated
23minor. The petition shall be verified by affidavit, shall
24be executed in duplicate, and shall be accompanied by two
25certified copies of the document or documents on which the
26petitioner’s entitlement to the juvenile’s custody is based,
27such as birth certificates, letters of guardianship, or custody
28decrees. Such further affidavits and other documents as may
29be deemed proper may be submitted with such petition. The
30judge of the court to which this application is made may hold a
31hearing thereon to determine whether for the purposes of this
32compact the petitioner is entitled to the legal custody of the
33juvenile, whether or not it appears that the juvenile has in
34fact run away without consent, whether or not the juvenile is
35an emancipated minor, and whether or not it is in the best
-403-1interest of the juvenile to compel the juvenile’s return to
2the state. If the judge determines, either with or without a
3hearing, that the juvenile should be returned, the judge shall
4present to the appropriate court or to the executive authority
5of the state where the juvenile is alleged to be located a
6written requisition for the return of such juvenile. Such
7requisition shall set forth the name and age of the juvenile,
8the determination of the court that the juvenile has run away
9without the consent of a parent, guardian, or person or agency
10entitled to the juvenile’s legal custody, and that it is in
11the best interest and for the protection of such juvenile that
12the juvenile be returned. In the event that a proceeding for
13the adjudication of the juvenile as a delinquent, neglected or
14dependent juvenile is pending in the court at the time when
15such juvenile runs away, the court may issue a requisition for
16the return of such juvenile upon its own motion, regardless
17of the consent of the parent, guardian, or person or agency
18entitled to legal custody, reciting therein the nature and
19circumstances of the pending proceeding. The requisition shall
20in every case be executed in duplicate and shall be signed by
21the judge. One copy of the requisition shall be filed with the
22compact administrator of the demanding state, there to remain
23on file subject to the provisions of law governing records
24of such court. Upon the receipt of a requisition demanding
25the return of a juvenile who has run away, the court or the
26executive authority to whom the requisition is addressed shall
27issue an order to any peace officer or other appropriate person
28directing the officer or person to take into custody and detain
29such juvenile. Such detention order must substantially recite
30the facts necessary to the validity of its issuance hereunder.
31No juvenile detained upon such order shall be delivered over
32to the officer whom the court demanding the juvenile shall
33have appointed to receive the juvenile, unless the juvenile
34shall first be taken forthwith before a judge of a court in the
35state, who shall inform the juvenile of the demand made for
-404-1the juvenile’s return, and who may appoint counsel or guardian
2ad litem for the juvenile. If the judge of such court shall
3find that the requisition is in order, the judge shall deliver
4such juvenile over to the officer whom the court demanding the
5juvenile shall have appointed to receive the juvenile. The
6judge, however, may fix a reasonable time to be allowed for the
7purpose of testing the legality of the proceeding.
8(2) Upon reasonable information that a person is a juvenile
9who has run away from another state party to this compact
10without the consent of a parent, guardian, or person or agency
11entitled to the juvenile’s legal custody, such juvenile may be
12taken into custody without a requisition and brought forthwith
13before a judge of the appropriate court who may appoint counsel
14or guardian ad litem for such juvenile and who shall determine
15after a hearing whether sufficient cause exists to hold the
16person, subject to the order of the court, for the person’s own
17protection and welfare, for such a time not exceeding ninety
18days as will enable the person’s return to another state party
19to this compact pursuant to a requisition for the person’s
20return from a court of that state. If, at the time when a
21state seeks the return of a juvenile who has run away, there is
22pending in the state wherein the juvenile is found any criminal
23charge, or any proceeding to have the juvenile adjudicated a
24delinquent juvenile for an act committed in such state, or
25if the juvenile is suspected of having committed within such
26state a criminal offense or an act of juvenile delinquency,
27the juvenile shall not be returned without the consent of
28such state until discharged from prosecution or other form of
29proceeding, imprisonment, detention or supervision for such
30offense or juvenile delinquency. The duly accredited officers
31of any state party to this compact, upon the establishment
32of their authority and the identity of the juvenile being
33returned, shall be permitted to transport such juvenile through
34any and all states party to this compact, without interference.
35Upon the juvenile’s return to the state from which the juvenile
-405-1ran away, the juvenile shall be subject to such further
2proceedings as may be appropriate under the laws of that state.
3b. That the state to which a juvenile is returned under this
4article shall be responsible for payment of the transportation
5costs of such return.
6c. That “juvenile” as used in this article means any person
7who is a minor under the law of the state of residence of the
8parent, guardian, or person or agency entitled to the legal
9custody of such minor.
10 Sec. 641. Section 232.171, subsection 7, paragraph a, Code
112023, is amended to read as follows:
12a. That the duly constituted judicial and administrative
13authorities of a state party to this compact, herein called
14“sending state”, may permit any delinquent juvenile within
15such state, placed on probation or parole, to reside in any
16other state party to this compact, herein called “receiving
17state”, while on probation or parole, and the receiving
18state shall accept such delinquent juvenile, if the parent,
19guardian, or person entitled to the legal custody of such
20delinquent juvenile is residing or undertakes to reside
21within the receiving state. Before granting such permission,
22opportunity shall be given to the receiving state to make such
23investigations as it deems necessary. The authorities of the
24sending state shall send to the authorities of the receiving
25state copies of pertinent court orders, social case studies
26and all other available information which may be of value to
27and assist the receiving state in supervising a probationer
28or parolee under this compact. A receiving state, in its
29discretion, may agree to accept supervision of a probationer or
30parolee in cases where the parent, guardian, or person entitled
31to the legal custody of the delinquent juvenile is not a
32resident of the receiving state, and if so accepted the sending
33state may transfer supervision accordingly.
34 Sec. 642. Section 232.171, subsection 10, paragraph f, Code
352023, is amended to read as follows:
-406- 1f. Provide that the consent of the parent, guardian, or
2 person or agency entitled to the legal custody of said the
3 delinquent juvenile shall be secured prior to the juvenile
4being sent to another state; and
5 Sec. 643. Section 232.188, Code 2023, is amended to read as
6follows:
7232.188 Decategorization of child welfare and juvenile
8justice funding initiative.
91. Definitions. For the purposes of this section, unless
10the context otherwise requires:
11a. “Decategorization governance board” or “governance
12board” means the group that enters into and implements a
13decategorization project agreement.
14b. “Decategorization project” means the county or counties
15that have entered into a decategorization agreement to
16implement the decategorization initiative in the county or
17multicounty area covered by the agreement.
18c. “Decategorization services funding pool” or “funding pool”
19means the funding designated for a decategorization project
20from all sources.
212. Purpose. The decategorization of the child welfare and
22juvenile justice funding initiative is intended to establish
23a system of delivering human services based upon client needs
24to replace a system based upon a multitude of categorical
25programs and funding sources, each with different service
26definitions and eligibility requirements. The purposes of
27the decategorization initiative include but are not limited
28to redirecting child welfare and juvenile justice funding
29to services which are more preventive, family-centered,
30and community-based in order to reduce use of restrictive
31approaches which rely upon institutional, out-of-home, and
32out-of-community services.
333. Implementation.
34a. Implementation of the initiative shall be through
35creation of decategorization projects. A project shall consist
-407-1of either a single county or a group of counties interested
2in jointly implementing the initiative. Representatives of
3the department, juvenile court services, and county government
4shall develop a project agreement to implement the initiative
5within a project.
6b. The initiative shall include community planning
7activities in the area covered by a project. As part of
8the community planning activities, the department shall
9partner with other community stakeholders to develop service
10alternatives that provide less restrictive levels of care for
11children and families receiving services from the child welfare
12and juvenile justice systems within the project area.
13c. The decategorization initiative shall not be implemented
14in a manner that limits the legal rights of children and
15families to receive services.
164. Governance board.
17a. In partnership with an interested county or group of
18counties which has demonstrated the commitment and involvement
19of the affected county department, or departments, of human
20services, the juvenile justice system within the project
21area, and board, or boards, of supervisors in order to form
22a decategorization project, the department shall develop
23a process for combining specific state and state-federal
24funding categories into a decategorization services funding
25pool for that project. A decategorization project shall be
26implemented by a decategorization governance board. The
27decategorization governance board shall develop specific,
28quantifiable short-term and long-term plans for enhancing the
29family-centered and community-based services and reducing
30reliance upon out-of-community care in the project area.
31b. The department shall work with the decategorization
32governance boards to best coordinate planning activities and
33most effectively target funding resources. A departmental
34service area manager The department shall work with the
35decategorization governance boards in that service area to
-408-1support board planning and service development activities and
2to promote the most effective alignment of resources.
3c. A decategorization governance board shall coordinate
4the project’s planning and budgeting activities with the
5departmental service area manager department’s designee for the
6county or counties comprising the project area and the early
7childhood Iowa area board or boards for the early childhood
8Iowa area or areas within which the decategorization project
9is located.
105. Funding pool.
11a. The governance board for a decategorization project has
12authority over the project’s decategorization services funding
13pool and shall manage the pool to provide more flexible,
14individualized, family-centered, preventive, community-based,
15comprehensive, and coordinated service systems for children and
16families served in that project area. A funding pool shall
17also be used for child welfare and juvenile justice systems
18enhancements.
19b. Notwithstanding section 8.33, moneys designated for a
20project’s decategorization services funding pool that remain
21unencumbered or unobligated at the close of the fiscal year
22shall not revert but shall remain available for expenditure as
23directed by the project’s governance board for child welfare
24and juvenile justice systems enhancements and other purposes
25of the project for the next three succeeding fiscal years.
26Such moneys shall be known as “carryover funding”. Moneys may
27be made available to a funding pool from one or more of the
28following sources:
29(1) Funds designated for the initiative in a state
30appropriation.
31(2) Child welfare and juvenile justice services funds
32designated for the initiative by a departmental service area
33manager the department.
34(3) Juvenile justice program funds designated for the
35initiative by a chief juvenile court officer.
-409- 1(4) Carryover funding.
2(5) Any other source designating moneys for the funding
3pool.
4c. The services and activities funded from a project’s
5funding pool may vary depending upon the strategies selected
6by the project’s governance board and shall be detailed in an
7annual child welfare and juvenile justice decategorization
8services plan developed by the governance board. A
9decategorization governance board shall involve community
10representatives and county organizations in the development of
11the plan for that project’s funding pool. In addition, the
12governance board shall coordinate efforts through communication
13with the appropriate departmental service area manager
14 department regarding budget planning and decategorization
15service decisions.
16d. A decategorization governance board is responsible for
17ensuring that decategorization services expenditures from that
18project’s funding pool do not exceed the amount of funding
19available. If necessary, the governance board shall reduce
20expenditures or discontinue specific services as necessary to
21manage within the funding pool resources available for a fiscal
22year.
23e. The annual child welfare and juvenile justice
24decategorization services plan developed for use of the funding
25pool by a decategorization governance board shall be submitted
26to the department administrator of child welfare services
27 and the early childhood Iowa state board. In addition, the
28decategorization governance board shall submit an annual
29progress report to the department administrator and the early
30childhood Iowa state board which summarizes the progress made
31toward attaining the objectives contained in the plan. The
32progress report shall serve as an opportunity for information
33sharing and feedback.
346. Departmental role. A The departmental service area’s
35 share of the child welfare appropriation that is not allocated
-410-1by law for the decategorization initiative shall be managed
2by and is under the authority of the service area manager
3 department. A service area manager The department is
4responsible for meeting the child welfare service needs in the
5counties comprising the service area with the available funding
6resources.
7 Sec. 644. Section 232.189, unnumbered paragraph 1, Code
82023, is amended to read as follows:
9Based upon a model reasonable efforts family court
10initiative, the director of human services and the chief
11justice of the supreme court or their designees shall jointly
12establish and implement a statewide protocol for reasonable
13efforts, as defined in section 232.102. In addition, the
14director and the chief justice shall design and implement
15a system for judicial and departmental reasonable efforts
16education for deployment throughout the state. The system for
17reasonable efforts education shall be developed in a manner
18which addresses the particular needs of rural areas and shall
19include but is not limited to all of the following topics:
20 Sec. 645. Section 232B.3, Code 2023, is amended by adding
21the following new subsections:
22 NEW SUBSECTION. 3A. “Department” means the department of
23health and human services.
24 NEW SUBSECTION. 3B. “Director” means the director of health
25and human services.
26 Sec. 646. Section 232B.9, subsections 8 and 9, Code 2023,
27are amended to read as follows:
288. A record of each foster care placement, emergency
29removal, preadoptive placement, or adoptive placement of an
30Indian child, under the laws of this state, shall be maintained
31in perpetuity by the department of human services in accordance
32with section 232B.13. The record shall document the active
33efforts to comply with the applicable order of preference
34specified in this section.
359. The state of Iowa recognizes the authority of Indian
-411-1tribes to license foster homes and to license agencies to
2receive children for control, care, and maintenance outside
3of the children’s own homes, or to place, receive, arrange
4the placement of, or assist in the placement of children for
5foster care or adoption. The department of human services and
6child-placing agencies licensed under chapter 238 may place
7children in foster homes and facilities licensed by an Indian
8tribe.
9 Sec. 647. Section 232B.11, subsections 1 and 2, Code 2023,
10are amended to read as follows:
111. The director of human services or the director’s designee
12shall make a good faith effort to enter into agreements
13with Indian tribes regarding jurisdiction over child custody
14proceedings and the care and custody of Indian children whose
15tribes have land within Iowa, including but not limited to
16the Sac and Fox tribe, the Omaha tribe, the Ponca tribe, and
17the Winnebago tribe, and whose tribes have an Indian child
18who resides in the state of Iowa. An agreement shall seek to
19promote the continued existence and integrity of the Indian
20tribe as a political entity and the vital interest of Indian
21children in securing and maintaining a political, cultural,
22and social relationship with their tribes. An agreement
23shall assure that tribal services and Indian organizations
24or agencies are used to the greatest extent practicable in
25planning and implementing any action pursuant to the agreement
26concerning the care and custody of Indian children. If tribal
27services are not available, an agreement shall assure that
28community services and resources developed specifically for
29Indian families will be used.
302. If an agreement entered into between the tribe and the
31department of human services pertaining to the funding of
32foster care placements for Indian children conflicts with any
33federal or state law, the state in a timely, good faith manner
34shall agree to amend the agreement in a way that prevents any
35interruption of services to eligible Indian children.
-412-1 Sec. 648. Section 232B.12, Code 2023, is amended to read as
2follows:
3232B.12 Payment of foster care expenses.
41. If the department of human services has legal custody
5of an Indian child and that child is placed in foster care
6according to the placement preferences under section 232B.9
7the state shall pay, subject to any applicable federal funding
8limitations and requirements, the cost of the foster care in
9the manner and to the same extent the state pays for foster
10care of non-Indian children, including the administrative and
11training costs associated with the placement. In addition,
12the state shall pay the other costs related to the foster care
13placement of an Indian child as may be provided for in an
14agreement entered into between a tribe and the state.
152. The department of human services may, subject to any
16applicable federal funding limitations and requirements and
17within funds appropriated for foster care services, purchase
18care for Indian children who are in the custody of a federally
19recognized Indian tribe or tribally licensed child-placing
20agency pursuant to parental consent, tribal court order, or
21state court order; and the purchase of the care is subject to
22the same eligibility standards and rates of support applicable
23to other children for whom the department purchases care.
24 Sec. 649. Section 232B.13, subsections 1, 3, 4, and 5, Code
252023, are amended to read as follows:
261. The department of human services shall establish an
27automated database where a permanent record shall be maintained
28of every involuntary or voluntary foster care, preadoptive
29placement, or adoptive placement of an Indian child that is
30ordered by a court of this state and in which the department
31was involved. The automated record shall document the active
32efforts made to comply with the order of placement preference
33specified in section 232B.9. An Indian child’s placement
34record shall be maintained in perpetuity by the department
35of human services and shall include but is not limited to
-413-1the name, birthdate, and gender of the Indian child, and the
2location of the local department office that maintains the
3original file and documents containing the information listed
4in subsection 2.
53. If a court orders the foster care, preadoptive placement,
6or adoptive placement of an Indian child, the court and any
7state-licensed child-placing agency involved in the placement
8shall provide the department of human services with the records
9described in subsections 1 and 2.
104. A record maintained pursuant to this section by the
11department of human services, a county department of human
12services, state-licensed child-placing agency, private
13attorney, or medical facility shall be made available within
14seven days of a request for the record by the Indian child’s
15tribe or the secretary of the interior.
165. Upon the request of an Indian individual who is eighteen
17years of age or older, or upon the request of an Indian
18child’s parent, Indian custodian, attorney, guardian ad litem,
19guardian, legal custodian, or caseworker of the Indian child,
20the department of human services, a county department of
21human services, state-licensed child-placing agency, private
22attorney, or medical facility shall provide access to the
23records pertaining to the Indian individual or child maintained
24pursuant to this section. The records shall also be made
25available upon the request of the descendants of the Indian
26individual or child. A record shall be made available within
27seven days of a request for the record by any person authorized
28by this subsection to make the request.
29 Sec. 650. Section 232B.14, subsection 1, Code 2023, is
30amended to read as follows:
311. The department of human services, in consultation
32with Indian tribes, shall establish standards and procedures
33for the department’s review of cases subject to this chapter
34and methods for monitoring the department’s compliance with
35provisions of the federal Indian Child Welfare Act and this
-414-1chapter. These standards and procedures and the monitoring
2methods shall be integrated into the department’s structure
3and plan for the federal government’s child and family service
4review process and any program improvement plan resulting from
5that process.
6 Sec. 651. Section 232C.2, subsection 1, Code 2023, is
7amended to read as follows:
81. Prior to an emancipation hearing held pursuant to
9section 232C.1, the court, on its own motion, may stay the
10proceedings, and refer the parties to mediation or request
11that the department of health and human services investigate
12any allegations of child abuse or neglect contained in the
13petition, and order that a written report be prepared and filed
14by the department.
15 Sec. 652. Section 232C.4, subsection 6, Code 2023, is
16amended to read as follows:
176. A parent who is absolved of child support obligations
18pursuant to an emancipation order shall notify the child
19support recovery unit services of the department of health and
20 human services of the emancipation.
21 Sec. 653. Section 232D.204, subsection 4, Code 2023, is
22amended to read as follows:
234. A proceeding under this section shall not create a new
24eligibility category for the department of health and human
25services protective services.
26 Sec. 654. Section 232D.307, subsection 3, Code 2023, is
27amended to read as follows:
283. The judicial branch in conjunction with the department
29of public safety, the department of health and human services,
30and the state chief information officer shall establish
31procedures for electronic access to the single contact
32repository necessary to conduct background checks requested
33under subsection 1.
34 Sec. 655. Section 233.2, subsection 2, paragraphs c and d,
35Code 2023, are amended to read as follows:
-415- 1c. If the physical custody of the newborn infant is
2relinquished at an institutional health facility, the state
3shall reimburse the institutional health facility for the
4institutional health facility’s actual expenses in providing
5care to the newborn infant and in performing acts necessary to
6protect the physical health or safety of the newborn infant.
7The reimbursement shall be paid from moneys appropriated for
8this purpose to the department of health and human services.
9d. If the name of the parent is unknown to the institutional
10health facility, the individual on duty or other person
11designated by the institutional health facility at which
12physical custody of the newborn infant was relinquished shall
13submit the certificate of birth report as required pursuant to
14section 144.14. If the name of the parent is disclosed to the
15institutional health facility, the facility shall submit the
16certificate of birth report as required pursuant to section
17144.13. The department of public health and human services
18 shall not file the certificate of birth with the county of
19birth and shall otherwise maintain the confidentiality of the
20birth certificate in accordance with section 144.43.
21 Sec. 656. Section 233.2, subsection 3, Code 2023, is amended
22to read as follows:
233. As soon as possible after the individual on duty or first
24responder assumes physical custody of a newborn infant released
25under subsection 1, the individual or first responder shall
26notify the department of health and human services and the
27department shall take the actions necessary to assume the care,
28control, and custody of the newborn infant. The department
29shall immediately notify the juvenile court and the county
30attorney of the department’s action and the circumstances
31surrounding the action and request an ex parte order from the
32juvenile court ordering, in accordance with the requirements of
33section 232.78, the department to take custody of the newborn
34infant. Upon receiving the order, the department shall take
35custody of the newborn infant. Within twenty-four hours of
-416-1taking custody of the newborn infant, the department shall
2notify the juvenile court and the county attorney in writing
3of the department’s action and the circumstances surrounding
4the action.
5 Sec. 657. Section 233.6, unnumbered paragraph 1, Code 2023,
6is amended to read as follows:
7The department of health and human services, in consultation
8with the Iowa department of public health and the department of
9justice, shall develop and distribute the following:
10 Sec. 658. Section 233A.1, Code 2023, is amended to read as
11follows:
12233A.1 State training school — Eldora.
131. Effective January 1, 1992, a diagnosis and evaluation
14center and other units are established at the state training
15school to provide court-committed male juvenile delinquents a
16program which focuses upon appropriate developmental skills,
17treatment, placements, and rehabilitation.
182. The diagnosis and evaluation center which is used to
19identify appropriate treatment and placement alternatives for
20juveniles and any other units for juvenile delinquents which
21are located at Eldora shall be known as the “state training
22school”.
233. For the purposes of this chapter “director”:
24a. “Department” means the department of health and human
25services.
26b. “Director”means the director of health and human
27services and “superintendent”.
28c. “State training school” means the diagnosis and
29evaluation center which is used to identify appropriate
30treatment and placement alternatives for juveniles and any
31other units for juvenile delinquents which are located at
32Eldora.
33d. “Superintendent”means the administrator in charge of the
34diagnosis and evaluation center for juvenile delinquents and
35other units at the state training school.
-417- 13. 4. The number of children present at any one time at
2the state training school shall not exceed the population
3guidelines established under 1990 Iowa Acts, ch.1239, §21, as
4adjusted for subsequent changes in the capacity at the training
5school.
6 Sec. 659. Section 233A.3, Code 2023, is amended to read as
7follows:
8233A.3 Salary.
9The salary of the superintendent of the state training
10school shall be determined by the administrator director.
11 Sec. 660. Section 233A.6, Code 2023, is amended to read as
12follows:
13233A.6 Visits.
14Members of the executive council, the attorney general,
15the lieutenant governor, members of the general assembly,
16judges of the supreme and district court and court of appeals,
17magistrates, county attorneys, and persons ordained or
18designated as regular leaders of a religious community are
19authorized to may visit the state training school at reasonable
20times. No other person shall be granted admission except by
21permission of the superintendent.
22 Sec. 661. Section 233A.7, Code 2023, is amended to read as
23follows:
24233A.7 Placing in families.
25All children committed to and received in the state training
26school may be placed by the department under foster care
27arrangements, with any persons or in families of good standing
28and character where they the children will be properly cared
29for and educated. The cost of foster care provided under these
30arrangements shall be paid as provided in section 234.35.
31 Sec. 662. Section 233A.8, Code 2023, is amended to read as
32follows:
33233A.8 Articles of agreement.
34Such children shall be so A child placed in foster care as
35provided in section 233A.7 shall be placed under articles of
-418-1agreement, approved by the administrator director and signed
2by the person or persons taking them providing foster care and
3by the superintendent. Said The articles of agreement shall
4provide for the custody, care, education, maintenance, and
5earnings of said children the child for a time to be fixed
6 specified in said the articles, which shall not extend beyond
7the time when the persons bound shall attain the child attains
8 age of eighteen years of age.
9 Sec. 663. Section 233A.9, Code 2023, is amended to read as
10follows:
11233A.9 Resuming custody of child.
12In case If a child so placed be in foster care as provided
13in section 233A.7 is not given the care, education, treatment,
14and maintenance required by such the articles of agreement, the
15administrator director may cause the child to be taken from
16the person with whom placed and returned return the child to
17the institution state training school, or may replace place
18the child in a different foster care placement, or release, or
19finally discharge the child as may seem best.
20 Sec. 664. Section 233A.10, Code 2023, is amended to read as
21follows:
22233A.10 Unlawful interference.
23It shall be unlawful for any parent or other person not
24a party to such the placing of a child in foster care to
25interfere in any manner or assume or exercise any control over
26such the child or the child’s earnings. Said The child’s
27 earnings shall be used, held, or otherwise applied for the
28exclusive benefit of such the child, in accordance with section
29234.37.
30 Sec. 665. Section 233A.11, Code 2023, is amended to read as
31follows:
32233A.11 County attorney to appear for child.
33In case legal proceedings are necessary to enforce any
34right conferred on any child by sections 233A.7 through
35233A.10, the county attorney of the county in which such
-419-1proceedings should be instituted shall, on the request of the
2superintendent, approved by subject to the approval of the
3administrator director, institute and carry on, in the name of
4the superintendent, out the proceedings in on behalf of the
5superintendent.
6 Sec. 666. Section 233A.12, Code 2023, is amended to read as
7follows:
8233A.12 Discharge or parole.
9The administrator director may at any time after one year’s
10service order the discharge or parole of any inmate as a reward
11for good conduct, and may, in exceptional cases, discharge or
12parole inmates without regard to the length of their service
13or conduct, when satisfied that the reasons therefor for the
14discharge or parole are urgent and sufficient. If paroled upon
15satisfactory evidence of reformation, the order may remain in
16effect or terminate under such rules as the administrator may
17prescribe prescribed by the director.
18 Sec. 667. Section 233A.13, Code 2023, is amended to read as
19follows:
20233A.13 Binding out or discharge Discharge.
21The binding out or the discharge of an inmate as reformed, or
22having arrived at the age of eighteen years of age, shall be a
23complete release from all penalties incurred by the conviction
24for the offense upon which the child was committed to the
25school.
26 Sec. 668. Section 233A.14, Code 2023, is amended to read as
27follows:
28233A.14 Transfers to other institutions.
29The administrator director may transfer minor wards of
30the state to the state training school minor wards of the
31state from any institution under the administrator’s charge
32 director’s control, but no a person shall not be so transferred
33who is mentally ill or has a mental illness or an intellectual
34disability. Any child in the state training school who is
35mentally ill has a mental illness or has an intellectual
-420-1disability may be transferred by the administrator director to
2the proper state institution.
3 Sec. 669. Section 233A.15, Code 2023, is amended to read as
4follows:
5233A.15 Transfers to work in parks.
61. The administrator director may detail assign children,
7classed as from the state training school deemed trustworthy,
8from the state training school, to perform services for the
9department of natural resources within the state parks, state
10game and forest areas, and other lands under the jurisdiction
11of the department of natural resources. The department of
12natural resources shall provide permanent housing and work
13guidance supervision, but the care and custody of the children
14so detailed assigned shall remain under employees of the
15division of child and family services of with the department of
16human services. All such programs shall have as their primary
17purpose and shall provide for inculcation or the activation of
18attitudes, skills, and habit patterns which will be conducive
19to the habilitation of the youths children involved.
202. The administrator is hereby authorized to director
21may use state-owned mobile housing equipment and facilities
22in performing services at temporary locations in the areas
23described in subsection 1.
24 Sec. 670. Section 234.1, Code 2023, is amended to read as
25follows:
26234.1 Definitions.
27As used in this chapter, unless the context otherwise
28requires:
291. “Administrator” means the administrator of the division.
302. 1. “Child” means either a person less than eighteen
31years of age or a person eighteen, nineteen, or twenty years of
32age who meets all of the following conditions:
33a. The person was placed by court order issued pursuant
34to chapter 232 in foster care or in an institution listed in
35section 218.1 and either of the following situations apply to
-421-1the person:
2(1) After reaching eighteen years of age, the person
3has remained continuously and voluntarily under the care
4of an individual, as defined in section 237.1, licensed to
5provide foster care pursuant to chapter 237 or in a supervised
6apartment living arrangement, in this state.
7(2) The person aged out of foster care after reaching
8eighteen years of age and subsequently voluntarily applied for
9placement with an individual, as defined in section 237.1,
10licensed to provide foster care pursuant to chapter 237 or for
11placement in a supervised apartment living arrangement, in this
12state.
13b. The person has demonstrated a willingness to participate
14in case planning and to complete the responsibilities
15prescribed in the person’s case permanency plan.
16c. The department has made an application for the person
17for adult services upon a determination that it is likely the
18person will need or be eligible for services or other support
19from the adult services system.
203. “Division” or “state division” means that division of the
21department of human services to which the director has assigned
22responsibility for income and service programs.
234. “Food assistance program” means the benefits provided
24through the United States department of agriculture program
25administered by the department of human services in accordance
26with 7 C.F.R. pts.270 – 283.
272. “Council” means the council on health and human services.
283. “Department” means the department of health and human
29services.
304. “Director” means the director of health and human
31services.
325. “Food programs” means the food stamp supplemental
33nutrition assistance program and donated foods programs
34authorized by federal law under the United States department
35of agriculture.
-422- 16. “Supplemental nutrition assistance program” or “SNAP”
2 means benefits provided by the federal program administered
3through 7 C.F.R.pts.270 – 280, as amended.
4 Sec. 671. Section 234.4, Code 2023, is amended to read as
5follows:
6234.4 Education of children in departmental programs.
7If the department of human services has custody or has other
8responsibility for a child based upon the child’s involvement
9in a departmental program involving foster care, preadoption or
10adoption, or subsidized guardianship placement and the child
11is subject to the compulsory attendance law under chapter 299,
12the department shall fulfill the responsibilities outlined in
13section 299.1 and other responsibilities under federal and
14state law regarding the child’s school attendance. As part
15of fulfilling the responsibilities described in this section,
16if the department has custody or other responsibility for
17placement and care of a child and the child transfers to a
18different school during or immediately preceding the period of
19custody or other responsibility, within the first six weeks of
20the transfer date the department shall assess the student’s
21degree of success in adjusting to the different school.
22 Sec. 672. Section 234.6, Code 2023, is amended to read as
23follows:
24234.6 Powers and duties of the administrator director.
251. The administrator shall be vested with the authority
26to director shall administer the family investment program,
27state supplementary assistance, food programs, child welfare,
28and emergency relief, family and adult service programs, and
29any other form of public welfare assistance and institutions
30that are placed under the administrator’s director’s
31 administration. The administrator director shall perform
32duties, shall formulate and adopt rules as may be necessary,
33and shall outline policies, dictate procedure, and delegate
34such powers as may be necessary for competent and efficient
35administration. Subject to restrictions that may be imposed
-423-1by the director of human services and the council on human
2services, the administrator director may abolish, alter,
3consolidate, or establish subdivisions subunits and may abolish
4or change offices previously created existing subunits. The
5administrator director may employ necessary personnel and
6fix determine their compensation; may allocate or reallocate
7functions and duties among any subdivisions now existing or
8later established subunits; and may adopt rules relating to the
9employment of personnel and the allocation of their functions
10and duties among the various subdivisions subunits as required
11for competent and efficient administration may require. The
12administrator director shall do all of the following:
13a. Cooperate with the social security administration created
14by the Social Security Act and codified at 42 U.S.C. §901,
15or other agency of the federal government for public welfare
16 assistance, in such reasonable manner as may be necessary to
17qualify for federal aid, including the making of such reports
18in such form and containing such information as the social
19security administration, from time to time, may require,
20and to comply with such regulations as such social security
21administration, from time to time, may find necessary to assure
22the correctness and verification of such reports.
23b. Furnish information to acquaint the public generally
24with the operation of the federal Acts under the director’s
25 jurisdiction of the administrator.
26c. With the approval of the director of human services,
27the governor, the director of the department of management,
28and the director of the department of administrative services,
29set up establish an administrative fund from the funds under
30the administrator’s director’s control and management an
31administrative fund and from the administrative fund pay the
32expenses of operating the division department’s duties under
33this chapter.
34d. Notwithstanding any provisions to the contrary in chapter
35239B relating to the consideration of income and resources
-424-1of claimants for assistance, the administrator, and with the
2consent and approval of the director of human services and
3the council on human services, shall make such adopt rules as
4may be necessary to qualify for federal aid in the assistance
5programs administered by the administrator director.
6e. Have authority to use Use funds available to the
7department, subject to any limitations placed on the use
8thereof of the funds by the legislation appropriating the
9funds, to provide to or purchase, for eligible families and
10individuals eligible therefor, services including but not
11limited to the following:
12(1) Child care for children or adult day services, in
13facilities which are licensed or are approved as meeting
14standards for licensure.
15(2) Foster care, including foster family care, group homes,
16and institutions.
17(3) Family-centered services, as defined in section
18232.102A, subsection 1, paragraph “b”.
19(4) Family planning.
20(5) Protective services.
21(6) Services or support provided to a child with an
22intellectual disability or other developmental disability or
23to the child’s family.
24(7) Transportation services.
25(8) Any services, not otherwise enumerated in this
26paragraph “e”, authorized by or pursuant to the United States
27Social Security Act of 1934, as amended.
28f. Administer the food programs authorized by federal law,
29and recommend rules necessary in the administration of those
30programs to the director for adoption pursuant to chapter 17A.
31g. Provide consulting and technical services to the director
32of the department of education, or the director’s designee,
33upon request, relating to prekindergarten, kindergarten, and
34before and after school programming and facilities.
35h. Recommend rules for their adoption by the council on
-425-1human services for before and after school child care programs,
2conducted within and by or contracted for by school districts,
3that are appropriate for the ages of the children who receive
4services under the programs.
52. The department of human services shall have the power
6and authority to may use the funds available to it, to purchase
7services of all kinds from public or private agencies to
8provide for the needs of children, including but not limited to
9psychiatric services, supervision, specialized group, foster
10homes, and institutional care.
113. In determining the reimbursement rate for services
12purchased by the department of human services from a person
13or agency, the department shall not include private moneys
14contributed to the person or agency unless the moneys are
15contributed for services provided to a specific individual.
16 Sec. 673. Section 234.7, Code 2023, is amended to read as
17follows:
18234.7 Department duties.
191. The department of human services shall comply with the
20provision associated with child foster care licensees under
21chapter 237 that requires that a child’s foster parent be
22included in, and be provided timely notice of, planning and
23review activities associated with the child, including but not
24limited to permanency planning and placement review meetings,
25which shall include discussion of the child’s rehabilitative
26treatment needs.
272. a. The department of human services shall submit a
28waiver request to the United States department of health and
29human services as necessary to provide coverage under the
30medical assistance program for children who are described by
31both of the following:
32(1) The child needs behavioral health care services and
33qualifies for the care level provided by a psychiatric medical
34institution for children licensed under chapter 135H.
35(2) The child is in need of treatment to cure or alleviate
-426-1serious mental illness or disorder, or emotional damage
2as evidenced by severe anxiety, depression, withdrawal, or
3untoward aggressive behavior toward self or others and whose
4parent, guardian, or custodian is unable to provide such
5treatment.
6b. The waiver request shall provide for appropriately
7addressing the needs of children described in paragraph “a” by
8implementing any of the following options: using a wraparound
9services approach, renegotiating the medical assistance program
10contract provisions for behavioral health services, or applying
11another approach for appropriately meeting the children’s
12needs.
13c. If federal approval of the waiver request is not
14received, the department shall submit options to the governor
15and general assembly to meet the needs of such children through
16a state-funded program.
17 Sec. 674. Section 234.8, Code 2023, is amended to read as
18follows:
19234.8 Fees for child welfare services.
20The department of human services may charge a fee for
21child welfare services to a person liable for the cost of the
22services. The fee shall not exceed the reasonable cost of the
23services. The fee shall be based upon the person’s ability
24to pay and consideration of the fee’s impact upon the liable
25person’s family and the goals identified in the case permanency
26plan. The department may assess the liable person for the fee
27and the means of recovery shall include a setoff against an
28amount owed by a state agency to the person assessed pursuant
29to section 8A.504. In addition the department may establish
30an administrative process to recover the assessment through
31automatic income withholding. The department shall adopt
32rules pursuant to chapter 17A to implement the provisions of
33this section. This section does not apply to court-ordered
34services provided to juveniles which are a charge upon the
35state pursuant to section 232.141 and services for which the
-427-1department has established a support obligation pursuant to
2section 234.39.
3 Sec. 675. Section 234.12, Code 2023, is amended to read as
4follows:
5234.12 Department to provide food programs.
61. The department of human services is authorized to
7 may enter into such agreements with agencies of the federal
8government as are necessary in order to make available to the
9people of this state any federal food programs which may, under
10federal laws and regulations, be implemented in this state.
11Each such program shall be implemented in every county in the
12state, or in each county where implementation is permitted by
13federal laws and regulations.
142. The provisions of the federal Personal Responsibility
15and Work Opportunity Reconciliation Act of 1996, Pub.L.
16No.104-193, §115, shall not apply to an applicant for or
17recipient of food stamp supplemental nutrition assistance
18program benefits in this state. However, the department of
19human services may apply contingent eligibility requirements as
20provided under state law and allowed under federal law.
213. Upon request by the department of human services,
22the department of inspections and appeals shall conduct
23investigations into possible fraudulent practices, as described
24in section 234.13, relating to food programs administered by
25the department of human services.
26 Sec. 676. Section 234.12A, Code 2023, is amended to read as
27follows:
28234.12A Electronic benefits transfer program.
291. The department of human services shall maintain an
30electronic benefits transfer program utilizing electronic funds
31transfer systems for the food supplemental nutrition assistance
32program. The electronic benefits transfer program implemented
33under this section shall not require a retailer to make cash
34disbursements or to provide, purchase, or upgrade electronic
35funds transfer system equipment as a condition of participation
-428-1in the program.
22. A point-of-sale terminal which is used only for purchases
3from a retailer by electronic benefits transfer utilizing
4electronic funds transfer systems is not a satellite terminal
5as defined in section 527.2.
63. For the purposes of this section, “retailer” means
7a business authorized by the United States department of
8agriculture to accept food supplemental nutrition assistance
9program benefits.
10 Sec. 677. Section 234.13, Code 2023, is amended to read as
11follows:
12234.13 Fraudulent practices relating to food programs.
13For the purposes of this section, unless the context
14otherwise requires, “benefit transfer instrument” means a
15food stamp supplemental nutrition assistance program coupon,
16authorization-to-purchase card, or electronic benefits transfer
17card. A person commits a fraudulent practice if that person
18does any of the following:
191. With intent to gain financial assistance to which that
20person is not entitled, knowingly makes or causes to be made a
21false statement or representation or knowingly fails to report
22to an employee of the department of human services any change
23in income, resources or other circumstances affecting that
24person’s entitlement to such financial assistance.
252. As a beneficiary of the food programs, transfers any
26food stamp supplemental nutrition assistance program benefit
27transfer instrument to any other individual with intent that
28the benefit transfer instrument be used for the benefit of
29someone other than persons within the beneficiary’s food
30stamp supplemental nutrition assistance program household as
31certified by the department of human services.
323. Knowingly acquires, uses or attempts to use any food
33stamp supplemental nutrition assistance program benefit
34transfer instrument which was not issued for the benefit of
35that person’s food stamp supplemental nutrition assistance
-429-1program household by the department of human services, or by an
2agency administering food programs in another state.
34. Acquires, alters, transfers, or redeems a food stamp
4 supplemental nutrition assistance benefit transfer instrument
5or possesses a benefit transfer instrument, knowing that the
6benefit transfer instrument has been received, transferred,
7or used in violation of this section or the provisions of the
8federal food stamp supplemental nutrition assistance program
9under 7 U.S.C. ch.51 or the federal regulations issued
10pursuant to that chapter.
11 Sec. 678. Section 234.14, Code 2023, is amended to read as
12follows:
13234.14 Federal grants.
14The state treasurer is hereby authorized to may receive such
15 federal funds as may be made available for carrying out any of
16the activities and functions of the state division department
17under this chapter, and all such funds are hereby appropriated
18for expenditure upon authorization of the administrator
19 director.
20 Sec. 679. Section 234.21, Code 2023, is amended to read as
21follows:
22234.21 Services to be offered.
23The state division department may offer, provide to,
24or purchase family planning and birth control services to
25 for every person who is an eligible applicant or recipient
26of service services or any financial assistance from the
27department of human services, or who is receiving federal
28supplementary security income as defined in section 249.1.
29 Sec. 680. Section 234.22, Code 2023, is amended to read as
30follows:
31234.22 Extent of services.
32Such The family planning and birth control services
33may include interview interviews with trained personnel;
34distribution of literature; referral to a licensed physician
35or physician assistant for consultation, examination, tests,
-430-1medical treatment, and prescription prescriptions; and, to
2the extent so prescribed, the distribution of rhythm charts,
3drugs, medical preparations, contraceptive devices, and similar
4products.
5 Sec. 681. Section 234.23, Code 2023, is amended to read as
6follows:
7234.23 Charge for services.
8In making provision for and offering such services, the
9state division department may charge those persons to whom
10family planning and birth control services are rendered a fee
11sufficient to reimburse the state division department all or
12any portion of the costs of the services rendered.
13 Sec. 682. Section 234.35, Code 2023, is amended to read as
14follows:
15234.35 When state to pay foster care costs.
161. The department of human services is responsible for
17paying the cost of foster care for a child, according to rates
18established pursuant to section 234.38, under any of the
19following circumstances:
20a. When a court has committed the child to the director of
21human services or the director’s designee.
22b. When a court has transferred legal custody of the child
23to the department of human services.
24c. When the department has agreed to provide foster care
25services for the child for a period of not more than ninety
26days on the basis of a signed placement agreement between the
27department and the child’s parent or guardian.
28d. When the child has been placed in emergency care for
29a period of not more than thirty days upon approval of the
30director or the director’s designee.
31e. When a court has entered an order transferring the legal
32custody of the child to a foster care placement pursuant to
33section 232.46, section 232.52, subsection 2, paragraph “d”, or
34section 232.102, subsection 1. However, payment shall not be
35made for a group foster care placement unless the group foster
-431-1care meets requirements as established by the department by
2rule.
3f. When the department has agreed to provide foster care
4services for a child who is eighteen years of age or older
5on the basis of a signed placement agreement between the
6department and the child or the person acting on behalf of the
7child.
8g. When the department has agreed to provide foster care
9services for the child on the basis of a signed placement
10agreement initiated before July 1, 1992, between the department
11and the child’s parent or guardian.
12h. When the child is placed in shelter care pursuant to
13section 232.20, subsection 1, or section 232.21.
142. Except as provided under section 234.38 for direct
15payment of foster parents, payment for foster care costs shall
16be limited to foster care providers with whom the department
17has a contract in force.
183. Payment for foster care services provided to a child
19who is eighteen years of age or older shall be limited to the
20following:
21a. Family foster care or supervised apartment living
22arrangements.
23b. For a child who is at imminent risk of becoming homeless
24or failing to graduate from high school or to obtain a general
25education development diploma, if the services are in the
26child’s best interest, funding is available for the services,
27and an appropriate alternative service is unavailable.
28 Sec. 683. Section 234.37, Code 2023, is amended to read as
29follows:
30234.37 Department may establish accounts for certain
31children.
32The department of human services is authorized to may
33 establish an account in the name of any child committed to
34the director of human services or the director’s designee, or
35whose legal custody has been transferred to the department, or
-432-1who is voluntarily placed in foster care pursuant to section
2234.35. Any money which the child receives from the United
3States government or any private source shall be placed in the
4child’s account, unless a guardian of the child’s property has
5been appointed and demands the money, in which case it shall
6be paid to the guardian. The account shall be maintained by
7the department as trustee for the child in an interest-bearing
8account at a reputable bank or savings association, except
9that if the child is residing at an institution administered
10by the department a limited amount of the child’s funds may be
11maintained in a separate account, which need not be interest
12bearing, in the child’s name at the institution. Any money
13held in an account in the child’s name or in trust for the
14child under this section may be used, at the discretion of the
15department and subject to restrictions lawfully imposed by the
16United States government or other source from which the child
17receives the funds, for the purchase of personal incidentals,
18desires and comforts of the child. All of the money held for
19a child by the department under this section and not used
20in the child’s behalf as authorized by law shall be promptly
21paid to the child or the child’s parent or legal guardian upon
22termination of the commitment of the child to the director or
23the director’s designee, or upon transfer or cessation of legal
24custody of the child by the department.
25 Sec. 684. Section 234.38, Code 2023, is amended to read as
26follows:
27234.38 Foster care reimbursement rates.
28The department of human services shall make reimbursement
29payments directly to foster parents for services provided to
30children pursuant to section 234.6, subsection 1, paragraph
31“e”, subparagraph (2), or section 234.35. In any fiscal
32year, the reimbursement rate shall be based upon sixty-five
33percent of the United States department of agriculture
34estimate of the cost to raise a child in the calendar year
35immediately preceding the fiscal year. The department may pay
-433-1an additional stipend for a child with special needs.
2 Sec. 685. Section 234.39, Code 2023, is amended to read as
3follows:
4234.39 Responsibility for cost of services.
51. It is the intent of this chapter that an individual
6receiving foster care services and the individual’s parents or
7guardians shall have primary responsibility for paying the cost
8of the care and services. The support obligation established
9and adopted under this section shall be consistent with the
10limitations on legal liability established under sections
11222.78 and 230.15, and by any other statute limiting legal
12responsibility for support which may be imposed on a person for
13the cost of care and services provided by the department. The
14department shall notify an individual’s parents or guardians,
15at the time of the placement of an individual in foster care,
16of the responsibility for paying the cost of care and services.
17Support obligations shall be established as follows:
18a. For an individual to whom section 234.35, subsection
191, is applicable, a dispositional order of the juvenile court
20requiring the provision of foster care, or an administrative
21order entered pursuant to chapter 252C, or any order
22establishing paternity and support for a child in foster care,
23shall establish, after notice and a reasonable opportunity to
24be heard is provided to a parent or guardian, the amount of
25the parent’s or guardian’s support obligation for the cost
26of foster care provided by the department. The amount of
27the parent’s or guardian’s support obligation and the amount
28of support debt accrued and accruing shall be established in
29accordance with the child support guidelines prescribed under
30section 598.21B. However, the court, or the department of
31human services in establishing support by administrative order,
32may deviate from the prescribed obligation after considering
33a recommendation by the department for expenses related to
34goals and objectives of a case permanency plan as defined
35under section 237.15, and upon written findings of fact which
-434-1specify the reason for deviation and the prescribed guidelines
2amount. Any order for support shall direct the payment of the
3support obligation to the collection services center for the
4use of the department’s foster care recovery unit services.
5The order shall be filed with the clerk of the district court
6in which the responsible parent or guardian resides and has
7the same force and effect as a judgment when entered in the
8judgment docket and lien index. The collection services center
9shall disburse the payments pursuant to the order and record
10the disbursements. If payments are not made as ordered, the
11 child support recovery unit services may certify a default to
12the court and the court may, on its own motion, proceed under
13section 598.22 or 598.23 or the child support recovery unit
14 services may enforce the judgment as allowed by law. An order
15entered under this paragraph may be modified only in accordance
16with the guidelines prescribed under section 598.21C, or under
17chapter 252H.
18b. For an individual who is served by the department of
19human services under section 234.35, and is not subject to
20a dispositional order of the juvenile court requiring the
21provision of foster care, the department shall determine the
22obligation of the individual’s parent or guardian pursuant
23to chapter 252C and in accordance with the child support
24guidelines prescribed under section 598.21B. However, the
25department may adjust the prescribed obligation for expenses
26related to goals and objectives of a case permanency plan
27as defined under section 237.15. An obligation determined
28under this paragraph may be modified only in accordance with
29conditions under section 598.21C, or under chapter 252H.
302. A person entitled to periodic support payments pursuant
31to an order or judgment entered in any action for support,
32who also is or has a child receiving foster care services, is
33deemed to have assigned to the department current and accruing
34support payments attributable to the child effective as of the
35date the child enters foster care placement, to the extent
-435-1of expenditure of foster care funds. The department shall
2notify the clerk of the district court when a child entitled
3to support payments is receiving foster care services pursuant
4to chapter 234. Upon notification by the department that a
5child entitled to periodic support payments is receiving foster
6care services, the clerk of the district court shall make a
7notation of the automatic assignment in the judgment docket and
8lien index. The notation constitutes constructive notice of
9assignment. The clerk of court shall furnish the department
10with copies of all orders and decrees awarding support when
11the child is receiving foster care services. At the time the
12child ceases to receive foster care services, the assignment
13of support shall be automatically terminated. Unpaid support
14accrued under the assignment of support rights during the time
15that the child was in foster care remains due to the department
16up to the amount of unreimbursed foster care funds expended.
17The department shall notify the clerk of court of the automatic
18termination of the assignment. Unless otherwise specified in
19the support order, an equal and proportionate share of any
20child support awarded shall be presumed to be payable on behalf
21of each child subject to the order or judgment for purposes of
22an assignment under this section.
233. The support debt for the costs of services, for which
24a support obligation is established pursuant to this section,
25which accrues prior to the establishment of the support debt,
26shall be collected, at a maximum, in the amount which is the
27amount of accrued support debt for the three months preceding
28the earlier of the following:
29a. The provision by the child support recovery unit services
30 of the initial notice to the parent or guardian of the amount
31of the support obligation.
32b. The date that the written request for a court hearing
33is received by the child support recovery unit services as
34provided in section 252C.3 or 252F.3.
354. If the department makes a subsidized guardianship
-436-1payment for a child, the payment shall be considered a foster
2care payment for purposes of child support recovery services.
3All provisions of this and other sections, and of rules and
4orders adopted or entered pursuant to those sections, including
5for the establishment of a paternity or support order, for
6the amount of a support obligation, for the modification or
7adjustment of a support obligation, for the assignment of
8support, and for enforcement shall apply as if the child
9were receiving foster care services, or were in foster care
10placement, or as if foster care funds were being expended for
11the child. This subsection shall apply regardless of the date
12of placement in foster care or subsidized guardianship or the
13date of entry of an order, and foster care and subsidized
14guardianship shall be considered the same for purposes of child
15support recovery services.
16 Sec. 686. Section 234.40, Code 2023, is amended to read as
17follows:
18234.40 Corporal punishment.
19The department of human services shall adopt rules
20prohibiting corporal punishment of foster children by foster
21parents licensed by the department. The rules shall allow
22foster parents to use reasonable physical force to restrain a
23foster child in order to prevent injury to the foster child,
24injury to others, the destruction of property, or extremely
25disruptive behavior. For the purposes of this section,
26“corporal punishment” means the intentional physical punishment
27of a foster child. A foster parent’s physical contact with
28the body of a foster child shall not be considered corporal
29punishment if the contact is reasonable and necessary under the
30circumstances and is not designed or intended to cause pain or
31if the foster parent uses reasonable force, as defined under
32section 704.1.
33 Sec. 687. Section 234.41, Code 2023, is amended to read as
34follows:
35234.41 Tort actions.
-437- 1A foster parent licensed by the department of human services
2 stands in the same relationship to the foster parent’s minor
3foster child, for purposes of tort actions by or on behalf of
4the foster child against the foster parent, as a biological
5parent to the biological parent’s minor child who resides at
6home. This section does not apply to a foster parent whose
7malicious, willful and wanton conduct causes injury or damage
8to a foster child or exposes the foster child to a danger
9caused by violation of a statute or the rules of the department
10of human services.
11 Sec. 688. Section 234.45, Code 2023, is amended to read as
12follows:
13234.45 Iowa marriage initiative grant fund.
141. An Iowa marriage initiative grant fund is established
15in the state treasury under the authority of the department
16of human services. The grant fund shall consist of moneys
17appropriated to the fund and notwithstanding section 8.33 such
18moneys shall not revert to the fund from which appropriated
19at the close of the fiscal year but shall remain in the Iowa
20marriage initiative grant fund. Moneys credited to the fund
21shall be used as directed in appropriations made by the general
22assembly for funding of services to support marriage and to
23encourage the formation and maintenance of two-parent families
24that are secure and nurturing.
252. It is the intent of the general assembly to credit to the
26Iowa marriage initiative grant fund, federal moneys provided
27to the state for the express purpose of supporting marriage or
28two-parent families.
29 Sec. 689. Section 234.46, subsection 2, unnumbered
30paragraph 1, Code 2023, is amended to read as follows:
31The division department shall establish a preparation for
32adult living program directed to young adults. The purpose
33of the program is to assist persons who are leaving foster
34care and other court-ordered services at age eighteen or
35older in making the transition to self-sufficiency. The
-438-1department shall adopt rules necessary for administration of
2the program, including but not limited to eligibility criteria
3for young adult participation and the services and other
4support available under the program. The rules shall provide
5for participation of each person who meets the definition of
6young adult on the same basis, regardless of whether federal
7financial participation is provided. The services and other
8support available under the program may include but are not
9limited to any of the following:
10 Sec. 690. Section 234.47, Code 2023, is amended to read as
11follows:
12234.47 State child care assistance and adoption subsidy
13programs — expenditure projections.
14The department of human services, the department of
15management, and the legislative services agency shall utilize
16a joint process to arrive at consensus projections for
17expenditures for the state child care assistance program under
18section 237A.13 and adoption subsidy and other assistance
19provided under section 600.17.
20 Sec. 691. Section 235.1, Code 2023, is amended to read as
21follows:
22235.1 Definitions.
23As used in this chapter, unless the context otherwise
24requires:
251. “Administrator” means the same as defined in section
26234.1.
272. 1. “Child” means the same as defined in section 234.1.
283. 2. “Child welfare services” means social welfare
29services for the protection and care of children who are
30homeless, dependent or neglected, or in danger of becoming
31delinquent, or who have a mental illness or an intellectual
32disability or other developmental disability, including, when
33necessary, care and maintenance in a foster care facility.
34Child welfare services are designed to serve a child in the
35child’s home whenever possible. If not possible, and the child
-439-1is placed outside the child’s home, the placement should be in
2the least restrictive setting available and in close proximity
3to the child’s home.
44. “State division” means the same as defined in section
5234.1.
63. “Department” means the department of health and human
7services.
84. “Director” means the director of health and human
9services.
10 Sec. 692. Section 235.2, Code 2023, is amended to read as
11follows:
12235.2 Powers and duties of state division department.
13The state division department, in addition to all other
14powers and duties given it the department by law, shall:
151. Administer and enforce the provisions of this chapter.
162. Join and cooperate with the government of the United
17States through its appropriate agency or instrumentality or
18with any other officer or agency of the federal government in
19planning, establishing, extending and strengthening public and
20private child welfare services within the state.
213. Make such investigations Investigate and to obtain such
22 information as will to permit the administrator director to
23determine the need for public child welfare services within the
24state and within the several county departments thereof.
254. Apply for and receive any funds which are or may be
26allotted to the state by the United States or any agency
27thereof of the United States for the purpose of developing
28child welfare services.
295. Make such reports and budget estimates to the governor
30and to the general assembly as are required by law or such as
31are necessary and proper to obtain the appropriation of state
32funds for child welfare services within the state and for all
33the purposes of this chapter.
346. Cooperate with the several county departments within the
35state, and all county boards of supervisors and other public
-440-1or private agencies charged with the protection and care of
2children, in the development of child welfare services.
37. Aid in the enforcement of all laws of the state for the
4protection and care of children.
58. Cooperate with the juvenile courts of the state and with
6the other administrators and divisions of the subunits within
7the department of human services regarding the management and
8control of state institutions and the inmates thereof of the
9institutions.
10 Sec. 693. Section 235.3, Code 2023, is amended to read as
11follows:
12235.3 Powers and duties of administrator director.
13The administrator director shall:
141. Plan and supervise all public child welfare services and
15activities within the state as provided by this chapter.
162. Make such reports and obtain and furnish such information
17from time to time as may be necessary to permit cooperation by
18the state division director with the United States children’s
19bureau, the social security administration, or any other
20federal agency which is now or may hereafter be charged with
21any duty regarding child care or child welfare services.
223. Adopt rules as necessary or advisable for the supervision
23of the private child-caring agencies or their officers which
24the administrator department is empowered to license and
25supervise.
264. Supervise private institutions for the care of
27dependent, neglected, and delinquent children, and make reports
28regarding the institutions.
295. Designate and approve the private and county
30institutions within the state to which neglected, dependent,
31and delinquent children may be legally committed and to have
32supervision of, supervise the care of children committed
33thereto to these institutions, and have the right of visitation
34 to visit and inspection of said inspect these institutions at
35all times.
-441- 16. Receive and keep on file annual reports from all
2institutions to which children subject to the jurisdiction
3of the juvenile court are committed, compile statistics
4regarding juvenile delinquency, make reports regarding
5juvenile delinquency, and study prevention and cure of juvenile
6delinquency.
77. Require and receive from the clerks of the courts of
8record within the state duplicates of the findings of the
9courts upon petitions for adoption, and keep records and
10compile statistics regarding adoptions.
118. License private child-placing agencies, make reports
12regarding them the agencies, and revoke such licenses.
139. Make such rules and regulations as may be necessary
14for the distribution and use of funds appropriated for child
15welfare services.
16 Sec. 694. Section 235.4, Code 2023, is amended to read as
17follows:
18235.4 Licenses.
19Licenses issued to private boarding homes for children and
20private child-placing agencies by the administrator department
21 shall remain in effect for the period for which issued, unless
22sooner revoked according to law. Thereafter each of such the
23 agencies shall apply to the administrator department for a new
24license, and shall submit to such rules regarding licensing as
25the administrator prescribes prescribed by the department.
26 Sec. 695. Section 235.7, Code 2023, is amended to read as
27follows:
28235.7 Transition committees.
291. Committees established. The department of human services
30 shall establish and maintain local transition committees to
31address the transition needs of those children receiving child
32welfare services who are age sixteen or older and have a case
33permanency plan as defined in section 232.2. The department
34shall adopt rules establishing criteria for transition
35committee membership, operating policies, and basic functions.
-442-1The rules shall provide flexibility for a committee to adopt
2protocols and other procedures appropriate for the geographic
3area addressed by the committee.
42. Membership. The department may authorize the governance
5boards of decategorization of child welfare and juvenile
6justice funding projects established under section 232.188 to
7appoint the transition committee membership and may utilize
8the boundaries of decategorization projects to establish
9the service areas for transition committees. The committee
10membership may include but is not limited to department of
11human services staff involved with foster care, child welfare,
12and adult services, juvenile court services staff, staff
13involved with county general assistance or emergency relief
14under chapter 251 or 252, or a regional administrator of the
15county mental health and disability services region, as defined
16in section 331.388, in the area, school district and area
17education agency staff involved with special education, and a
18child’s court appointed special advocate, guardian ad litem,
19service providers, and other persons knowledgeable about the
20child.
213. Duties. A transition committee shall review and approve
22the written plan of services required for the child’s case
23permanency plan in accordance with section 232.2, subsection 4,
24paragraph “g”, which, based upon an assessment of the child’s
25needs, would assist the child in preparing for the transition
26from foster care to adulthood. In addition, a transition
27committee shall identify and act to address any gaps existing
28in the services or other support available to meet the child
29and adult needs of individuals for whom service plans are
30approved.
31 Sec. 696. Section 235A.1, Code 2023, is amended to read as
32follows:
33235A.1 Child abuse prevention program.
341. a. A program for the prevention of child abuse is
35established within the state department of health and human
-443-1services. Any moneys appropriated by the general assembly for
2child abuse prevention shall be used by the department of human
3services solely for the purposes of child abuse prevention and
4shall not be expended for treatment or other service delivery
5programs regularly maintained by the department. Moneys
6appropriated for child abuse prevention shall be used by the
7department through contract with an agency or organization
8which shall administer the funds with maximum use of voluntary
9administrative services for the following:
10(1) Matching federal funds to purchase services relating to
11community-based programs for the prevention of child abuse and
12neglect.
13(2) Funding the establishment or expansion of
14community-based prevention projects or educational programs for
15the prevention of child abuse and neglect.
16(3) To study and evaluate Studying and evaluating
17 community-based prevention projects and educational programs
18for the problems of families and children.
19b. Funds for the programs or projects shall be applied
20for and received by a community-based volunteer coalition or
21council.
222. The director of health and human services may accept
23grants, gifts, and bequests from any source for the purposes
24designated in subsection 1. The director shall remit funds so
25 received to the treasurer of state who shall deposit them the
26funds in the general fund of the state for the use of the child
27abuse prevention program.
28 Sec. 697. Section 235A.2, Code 2023, is amended to read as
29follows:
30235A.2 Child abuse prevention program fund.
311. A child abuse prevention program fund is created in
32the state treasury under the control of the department of
33health and human services. The fund is composed of moneys
34appropriated or available to and obtained or accepted by the
35treasurer of state for deposit in the fund. The fund shall
-444-1include moneys transferred to the fund pursuant to an income
2tax checkoff provided in chapter 422, subchapter II, if
3applicable. All interest earned on moneys in the fund shall
4be credited to and remain in the fund. Section 8.33 does not
5apply to moneys in the fund.
62. Moneys in the fund that are authorized by the department
7for expenditure are appropriated, and shall be used, for the
8purposes described in section 235A.1 of preventing child abuse
9and neglect.
10 Sec. 698. NEW SECTION. 235A.3 Child abuse prevention
11program advisory committee.
12The council on health and human services shall establish a
13child abuse prevention program advisory committee to support
14the child abuse prevention program implemented in accordance
15with section 235A.1. The duties of the advisory committee
16shall include all of the following:
171. Advise the director of health and human services
18regarding expenditures of funds received for the child abuse
19prevention program.
202. Review the implementation and effectiveness of
21legislation and administrative rules concerning the child abuse
22prevention program.
233. Recommend changes in legislation and administrative
24rules to the general assembly and the appropriate department
25officials.
264. Require reports from state agencies and other entities as
27necessary to perform its duties.
285. Receive and review complaints from the public concerning
29the operation and management of the child abuse prevention
30program.
316. Approve grant proposals.
32 Sec. 699. Section 235A.13, Code 2023, is amended to read as
33follows:
34235A.13 Definitions.
35 The definitions in section 232.68 are applicable to this
-445-1subchapter unless the context otherwise requires.As used
2in chapter 232, subchapter III, part 2, and this subchapter,
3unless the context otherwise requires:
41. “Assessment data” means any of the following information
5pertaining to the department’s evaluation of a family:
6a. Identification of the strengths and needs of the child,
7and of the child’s parent, home, and family.
8b. Identification of services available from the department
9and informal and formal services and other support available in
10the community to meet identified strengths and needs.
112. “Child abuse information” means any or all of the
12following data maintained by the department in a manual or
13automated data storage system and individually identified:
14a. Report data.
15b. Assessment data.
16c. Disposition data.
173. “Confidentiality” means the withholding of information
18from any manner of communication, public or private.
194. “Department” means the department of health and human
20services.
215. “Director” means the director of health and human
22services.
236. “Disposition data” means information pertaining to
24an opinion or decision as to the occurrence of child abuse,
25including:
26a. Any intermediate or ultimate opinion or decision reached
27by assessment personnel.
28b. Any opinion or decision reached in the course of judicial
29proceedings.
30c. The present status of any case.
316. 7. “Expungement” means the process of destroying child
32abuse information.
337. 8. “Individually identified” means any report,
34assessment, or disposition data which names the person or
35persons responsible or believed responsible for the child
-446-1abuse.
28. 9. “Multidisciplinary team” means a group of individuals
3who possess knowledge and skills related to the diagnosis,
4assessment, and disposition of child abuse cases and who are
5professionals practicing in the disciplines of medicine,
6nursing, public health, substance abuse use disorder, domestic
7violence, mental health, social work, child development,
8education, law, juvenile probation, or law enforcement, or a
9group established pursuant to section 235B.1, subsection 1.
109. 10. “Near fatality” means an injury to a child that,
11as certified by a physician or physician assistant, placed the
12child in serious or critical condition.
1310. 11. “Report data” means any of the following
14information pertaining to an assessment of an allegation of
15child abuse in which the department has determined the alleged
16child abuse meets the definition of child abuse:
17a. The name and address of the child and the child’s parents
18or other persons responsible for the child’s care.
19b. The age of the child.
20c. The nature and extent of the injury, including evidence
21of any previous injury.
22d. Additional information as to the nature, extent, and
23cause of the injury, and the identity of the person or persons
24alleged to be responsible for the injury.
25e. The names and conditions of other children in the child’s
26home.
27f. A recording made of an interview conducted under chapter
28232 in association with a child abuse assessment.
29g. Any other information believed to be helpful in
30establishing the information in paragraph “d”.
3111. 12. “Sealing” means the process of removing child abuse
32information from authorized access as provided by this chapter.
33 Sec. 700. Section 235A.14, Code 2023, is amended to read as
34follows:
35235A.14 Creation and maintenance of a central registry.
-447- 11. There is created within the state department of
2human services a central registry for certain child abuse
3information. The department shall organize and staff the
4registry and adopt rules for its operation.
52. The registry shall collect, maintain and disseminate
6child abuse information as provided for by this chapter.
73. The department shall maintain a toll-free telephone
8line, which shall be available on a twenty-four hour a day
9 twenty-four-hour-a-day, seven-day a week seven-day-a-week
10 basis and which the department of human services and all other
11persons may use to report cases of suspected child abuse
12and that all persons authorized by this chapter may use for
13obtaining child abuse information.
144. An oral report of suspected child abuse initially made to
15the central registry shall be immediately transmitted by the
16department to the appropriate county department of social human
17 services or law enforcement agency, or both.
185. The registry, upon receipt of a report of suspected
19child abuse, shall search the records of the registry, and
20if the records of the registry reveal any previous report of
21child abuse involving the same child or any other child in
22the same family, or if the records reveal any other pertinent
23information with respect to the same child or any other child
24in the same family, the appropriate office of the department of
25human services or law enforcement agency shall be immediately
26notified of that fact.
276. The central registry shall include report data and
28disposition data which is subject to placement in the central
29registry under section 232.71D. The central registry shall not
30include assessment data.
31 Sec. 701. Section 235A.15, subsection 2, paragraph b,
32subparagraphs (2) and (4), Code 2023, are amended to read as
33follows:
34(2) To an employee or agent of the department of human
35services responsible for the assessment of a child abuse
-448-1report.
2(4) To a multidisciplinary team, or to parties to an
3interagency agreement entered into pursuant to section 280.25,
4if the department of human services approves the composition of
5the multidisciplinary team or the relevant provisions of the
6interagency agreement and determines that access to the team
7or to the parties to the interagency agreement is necessary
8to assist the department in the diagnosis, assessment, and
9disposition of a child abuse case.
10 Sec. 702. Section 235A.15, subsection 2, paragraph c,
11subparagraph (8), Code 2023, is amended to read as follows:
12(8) To an administrator of an agency certified by the
13department of human services to provide services under a
14medical assistance home and community-based services waiver,
15if the data concerns a person employed by or being considered
16by the agency for employment.
17 Sec. 703. Section 235A.15, subsection 2, paragraph e,
18subparagraphs (6), (8), and (12), Code 2023, are amended to
19read as follows:
20(6) To the attorney for the department of human services who
21is responsible for representing the department.
22(8) To an employee or agent of the department of human
23services regarding a person who is providing child care if the
24person is not registered or licensed to operate a child care
25facility.
26(12) To the department of human services for a record check
27relating to employment or residence pursuant to section 218.13.
28 Sec. 704. Section 235A.15, subsection 7, Code 2023, is
29amended to read as follows:
307. If the director of human services receives a written
31request for information regarding a specific case of child
32abuse involving a fatality or near fatality to a child from the
33majority or minority leader of the senate or the speaker or the
34minority leader of the house of representatives, the director
35or the director’s designee shall arrange for a confidential
-449-1meeting with the requestor or the requestor’s designee. In the
2confidential meeting the director or the director’s designee
3shall share all pertinent information concerning the case,
4including but not limited to child abuse information. Any
5written document distributed by the director or the director’s
6designee at the confidential meeting shall not be removed
7from the meeting and a participant in the meeting shall be
8subject to the restriction on redissemination of confidential
9information applicable to a person under section 235A.17,
10subsection 3, for confidential information disclosed to the
11participant at the meeting. A participant in the meeting
12may issue a report to the governor or make general public
13statements concerning the department’s handling of the case of
14child abuse.
15 Sec. 705. Section 235A.15, subsection 9, unnumbered
16paragraph 1, Code 2023, is amended to read as follows:
17If, apart from a request made pursuant to subsection 7
18or 8, the department receives from a member of the public a
19request for information relating to a case of founded child
20abuse involving a fatality or near fatality to a child, the
21response to the request shall be made in accordance with this
22subsection and subsections 10 and 11. If the request is
23received before or during performance of an assessment of the
24case in accordance with section 232.71B, the director of human
25services or the director’s designee shall initially disclose
26whether or not the assessment will be or is being performed.
27Otherwise, within five business days of receiving the request
28or completing the assessment, whichever is later, the director
29of human services or the director’s designee shall consult
30with the county attorney responsible for prosecution of any
31alleged perpetrator of the fatality or near fatality and shall
32disclose information, including but not limited to child abuse
33information, relating to the case, except for the following:
34 Sec. 706. Section 235A.15, subsection 10, unnumbered
35paragraph 1, Code 2023, is amended to read as follows:
-450- 1The information released by the director of human services
2 or the director’s designee pursuant to a request made under
3subsection 9 relating to a case of founded child abuse
4involving a fatality or near fatality to a child shall include
5all of the following, unless such information is excepted from
6disclosure under subsection 9:
7 Sec. 707. Section 235A.15, subsection 11, paragraph b, Code
82023, is amended to read as follows:
9b. If release of social services information in addition to
10that released under subsection 10, paragraph “c”, is believed
11to be in the public’s interest and right to know, the director
12of human services or the director’s designee may apply to
13the court under section 235A.24 requesting a review of the
14information proposed for release and an order authorizing
15release of the information. A release of information that
16would otherwise be confidential under section 217.30 concerning
17social services provided to the child or the child’s family
18shall not include information concerning financial or medical
19assistance provided to the child or the child’s family.
20 Sec. 708. Section 235A.15, subsection 12, Code 2023, is
21amended to read as follows:
2212. If an individual who is the subject of a child abuse
23report listed in subsection 2, paragraph “a”, or another party
24involved in an assessment under section 232.71B releases
25in a public forum or to the media information concerning a
26case of child abuse including but not limited to child abuse
27information which would otherwise be confidential, the director
28of human services, or the director’s designee, may respond
29with relevant information concerning the case of child abuse
30that was the subject of the release. Prior to releasing the
31response, the director or the director’s designee shall consult
32with the child’s parent or guardian, or the child’s guardian ad
33litem, and apply to the court under section 235A.24 requesting
34a review of the information proposed for release and an order
35authorizing release of the information.
-451-1 Sec. 709. Section 235A.16, subsection 3, Code 2023, is
2amended to read as follows:
33. Subsections 1 and 2 do not apply to child abuse
4information that is disseminated to an employee of the
5department of human services, to a juvenile court, or to the
6attorney representing the department as authorized by section
7235A.15.
8 Sec. 710. Section 235A.17, subsection 2, Code 2023, is
9amended to read as follows:
102. The department of human services may notify orally the
11mandatory reporter in an individual child abuse case of the
12results of the case assessment and of the confidentiality
13provisions of sections 235A.15 and 235A.21. The department
14shall subsequently transmit a written notice to the mandatory
15reporter of the results and confidentiality provisions. If
16the report data and disposition data have been placed in the
17registry as founded child abuse pursuant to section 232.71D, a
18copy of the written notice shall be transmitted to the registry
19and shall be maintained by the registry as provided in section
20235A.18. Otherwise, a copy of the written notice shall be
21retained by the department with the case file.
22 Sec. 711. Section 235A.17, subsection 3, paragraph b,
23subparagraph (1), Code 2023, is amended to read as follows:
24(1) Department of human services information described in
25section 217.30, subsection 2.
26 Sec. 712. Section 235A.18, subsection 3, Code 2023, is
27amended to read as follows:
283. The department of human services shall adopt rules
29establishing the period of time child abuse information which
30is not maintained in the central registry is retained by the
31department.
32 Sec. 713. Section 235A.22, Code 2023, is amended to read as
33follows:
34235A.22 Education program.
35The department of human services shall require an
-452-1educational program for employees of the department with access
2to child abuse information on the proper use and control of
3child abuse information.
4 Sec. 714. Section 235A.23, subsection 1, Code 2023, is
5amended to read as follows:
61. The department of human services may compile statistics,
7conduct research, and issue reports on child abuse, provided
8identifying details of the subject of child abuse reports are
9deleted from any report issued.
10 Sec. 715. Section 235A.24, subsection 1, paragraph b, Code
112023, is amended to read as follows:
12b. The director of human services or the director’s
13designee may apply, if the conditions under section 235A.15,
14subsection 11 or 12, are met, to the court requesting a
15review of confidential information proposed for release and an
16order authorizing the release of information. A release of
17information that would otherwise be confidential under section
18217.30 concerning social services provided to the child or
19the child’s family shall not include information concerning
20financial or medical assistance provided to the child or the
21child’s family.
22 Sec. 716. Section 235B.1, subsection 4, Code 2023, is
23amended to read as follows:
244. a. The establishment of a dependent adult protective
25advisory council. The advisory council shall do all of the
26following:
27(1) Advise the director of human services, the director
28of the department on aging, the director of inspections and
29appeals, and the director of public health, the director of the
30department of corrections, and the director of human rights
31 regarding dependent adult abuse.
32(2) Evaluate state law and rules and make recommendations
33to the general assembly and to executive branch departments
34regarding laws and rules concerning dependent adults.
35(3) Receive and review recommendations and complaints from
-453-1the public, health care facilities, and health care programs
2concerning the dependent adult abuse services program.
3b. (1) The advisory council shall consist of twelve
4members. Eight members shall be appointed by and serve at
5the pleasure of the governor. Four of the members appointed
6shall be appointed on the basis of knowledge and skill related
7to expertise in the area of dependent adult abuse including
8professionals practicing in the disciplines of medicine, public
9health, mental health, long-term care, social work, law,
10and law enforcement. Two of the members appointed shall be
11members of the general public with an interest in the area of
12dependent adult abuse and two of the members appointed shall
13be members of the Iowa caregivers association. In addition,
14the membership of the council shall include the director or the
15director’s designee of the department of human services, the
16department on aging, the Iowa department of public health, and
17the department of inspections and appeals.
18(2) The members of the advisory council shall be appointed
19to terms of four years beginning May 1. Appointments shall
20comply with sections 69.16 and 69.16A. Vacancies shall be
21filled in the same manner as the original appointment.
22(3) Members shall receive actual expenses incurred while
23serving in their official capacity.
24(4) The advisory council shall select a chairperson,
25annually, from its membership.
26 Sec. 717. Section 235B.2, Code 2023, is amended to read as
27follows:
28235B.2 Definitions.
29As used in this chapter, unless the context otherwise
30requires:
311. “Caretaker” means a related or nonrelated person who
32has the responsibility for the protection, care, or custody of
33a dependent adult as a result of assuming the responsibility
34voluntarily, by contract, through employment, or by order of
35the court.
-454- 12. “Court” means the district court.
23. “Department” means the department of health and human
3services.
44. “Dependent adult” means a person eighteen years of age or
5older who is unable to protect the person’s own interests or
6unable to adequately perform or obtain services necessary to
7meet essential human needs, as a result of a physical or mental
8condition which requires assistance from another, or as defined
9by departmental rule.
105. a. “Dependent adult abuse” means:
11(1) Any of the following as a result of the willful or
12negligent acts or omissions of a caretaker:
13(a) Physical injury to, or injury which is at a variance
14with the history given of the injury, or unreasonable
15confinement, unreasonable punishment, or assault of a dependent
16adult.
17(b) The commission of a sexual offense under chapter 709 or
18section 726.2 with or against a dependent adult.
19(c) Exploitation of a dependent adult which means the act
20or process of taking unfair advantage of a dependent adult
21or the adult’s physical or financial resources, without the
22informed consent of the dependent adult, including theft, by
23the use of undue influence, harassment, duress, deception,
24false representation, or false pretenses.
25(d) The deprivation of the minimum food, shelter, clothing,
26supervision, physical or mental health care, or other care
27necessary to maintain a dependent adult’s life or health.
28(2) The deprivation of the minimum food, shelter, clothing,
29supervision, physical or mental health care, and other care
30necessary to maintain a dependent adult’s life or health as a
31result of the acts or omissions of the dependent adult.
32(3) (a) Sexual exploitation of a dependent adult by a
33caretaker.
34(b) “Sexual exploitation” means any consensual or
35nonconsensual sexual conduct with a dependent adult which
-455-1includes but is not limited to kissing; touching of the clothed
2or unclothed inner thigh, breast, groin, buttock, anus, pubes,
3or genitals; or a sex act, as defined in section 702.17.
4“Sexual exploitation” includes the transmission, display, taking
5of electronic images of the unclothed breast, groin, buttock,
6anus, pubes, or genitals of a dependent adult by a caretaker
7for a purpose not related to treatment or diagnosis or as
8part of an ongoing assessment, evaluation, or investigation.
9Sexual exploitation does not include touching which is part
10of a necessary examination, treatment, or care by a caretaker
11acting within the scope of the practice or employment of the
12caretaker; the exchange of a brief touch or hug between the
13dependent adult and a caretaker for the purpose of reassurance,
14comfort, or casual friendship; or touching between spouses.
15(4) (a) Personal degradation of a dependent adult by a
16caretaker.
17(b) (i) “Personal degradation” means a willful act or
18statement by a caretaker intended to shame, degrade, humiliate,
19or otherwise harm the personal dignity of a dependent adult, or
20where the caretaker knew or reasonably should have known the
21act or statement would cause shame, degradation, humiliation,
22or harm to the personal dignity of a reasonable person.
23“Personal degradation” includes the taking, transmission,
24or display of an electronic image of a dependent adult by a
25caretaker, where the caretaker’s actions constitute a willful
26act or statement intended to shame, degrade, humiliate, or
27otherwise harm the personal dignity of the dependent adult, or
28where the caretaker knew or reasonably should have known the
29act would cause shame, degradation, humiliation, or harm to the
30personal dignity of a reasonable person.
31(ii) “Personal degradation” does not include any of the
32following:
33(A) The taking, transmission, or display of an electronic
34image of a dependent adult for the purpose of reporting
35dependent adult abuse to law enforcement, the department,
-456-1or any other regulatory agency that oversees caretakers or
2enforces abuse or neglect provisions, or for the purpose of
3treatment or diagnosis or as part of an ongoing investigation.
4(B) The taking, transmission, or display of an electronic
5image by a caretaker who takes, transmits, or displays the
6electronic image in accordance with the confidentiality policy
7and release of information or consent policies of a contractor,
8employer, or facility or program not covered under section
9235E.1, subsection 5, paragraph “a”, subparagraph (3).
10(C) A statement by a caretaker who is the spouse of a
11dependent adult that is not intended to shame, degrade,
12humiliate, or otherwise harm the personal dignity of the
13dependent adult spouse.
14b. “Dependent adult abuse” does not include any of the
15following:
16(1) Circumstances in which the dependent adult declines
17medical treatment if the dependent adult holds a belief or is
18an adherent of a religion whose tenets and practices call for
19reliance on spiritual means in place of reliance on medical
20treatment.
21(2) Circumstances in which the dependent adult’s caretaker,
22acting in accordance with the dependent adult’s stated or
23implied consent, declines medical treatment if the dependent
24adult holds a belief or is an adherent of a religion whose
25tenets and practices call for reliance on spiritual means in
26place of reliance on medical treatment.
27(3) The withholding or withdrawing of health care from
28a dependent adult who is terminally ill in the opinion of a
29licensed physician, when the withholding or withdrawing of
30health care is done at the request of the dependent adult or at
31the request of the dependent adult’s next of kin, attorney in
32fact, or guardian pursuant to the applicable procedures under
33chapter 125, 144A, 144B, 222, 229, or 633.
346. “Director” means the director of health and human
35services.
-457- 17. “Emergency shelter services” means and includes, but is
2not limited to, secure crisis shelters or housing for victims
3of dependent adult abuse.
47. 8. “Family or household member” means a spouse, a person
5cohabiting with the dependent adult, a parent, or a person
6related to the dependent adult by consanguinity or affinity,
7but does not include children of the dependent adult who are
8less than eighteen years of age.
98. 9. “Immediate danger to health or safety” means a
10situation in which death or severe bodily injury could
11reasonably be expected to occur without intervention.
129. 10. “Individual employed as an outreach person” means a
13natural person who, in the course of employment, makes regular
14contacts with dependent adults regarding available community
15resources.
1610. 11. “Legal holiday” means a legal public holiday as
17defined in section 1C.1.
1811. 12. “Person” means person as defined in section 4.1.
1912. 13. “Recklessly” means that a person acts or fails to
20act with respect to a material element of a public offense,
21when the person is aware of and consciously disregards a
22substantial and unjustifiable risk that the material element
23exists or will result from the act or omission. The risk must
24be of such a nature and degree that disregard of the risk
25constitutes a gross deviation from the standard conduct that a
26reasonable person would observe in the situation.
2713. 14. “Serious injury” means the same as defined in
28section 702.18.
2914. 15. “Support services” includes but is not limited
30to community-based services including area agency on aging
31assistance, mental health services, fiscal management, home
32health services, housing-related services, counseling services,
33transportation services, adult day services, respite services,
34legal services, and advocacy services.
35 Sec. 718. Section 235B.3, Code 2023, is amended to read as
-458-1follows:
2235B.3 Dependent adult abuse reports.
31. a. (1) The department shall receive dependent adult
4abuse reports and shall collect, maintain, and disseminate the
5reports by establishing a central registry for dependent adult
6abuse information. The department shall evaluate the reports
7expeditiously.
8(2) However, the department of inspections and appeals
9is solely responsible for the evaluation and disposition of
10dependent adult abuse cases within facilities and programs
11pursuant to chapter 235E and shall inform the department of
12human services of such evaluations and dispositions pursuant
13to section 235E.2.
14(3) If, in the course of an assessment or evaluation
15of a report of dependent adult abuse, the department of
16human services or the department of inspections and appeals
17determines the case involves wages, workplace safety, or other
18labor and employment matters under the jurisdiction of the
19division of labor services of the department of workforce
20development, the relevant portions of the case shall be
21referred to the division.
22(4) If, in the course of an assessment or evaluation
23of a report of dependent adult abuse, the department of
24human services or the department of inspections and appeals
25determines that the case involves discrimination under the
26jurisdiction of the civil rights commission, the relevant
27portions of the case shall be referred to the commission.
28b. Reports of dependent adult abuse which is the result
29of the acts or omissions of the dependent adult shall be
30collected and maintained in the files of the dependent adult
31as assessments only and shall not be included in the central
32registry.
33c. A report of dependent adult abuse that meets the
34definition of dependent adult abuse under section 235B.2,
35subsection 5, paragraph “a”, subparagraph (1), subparagraph
-459-1division (a) or (d), or section 235B.2, subsection 5, paragraph
2“a”, subparagraph (4), which the department determines is
3minor, isolated, and unlikely to reoccur shall be collected
4and maintained by the department as an assessment only for
5a five-year period and shall not be included in the central
6registry and shall not be considered to be founded dependent
7adult abuse. However, a subsequent report of dependent adult
8abuse that meets the definition of dependent adult abuse under
9section 235B.2, subsection 5, paragraph “a”, subparagraph
10(1), subparagraph division (a) or (d), or section 235B.2,
11subsection 5, paragraph “a”, subparagraph (4), that occurs
12within the five-year period and that is committed by the
13caretaker responsible for the act or omission which was the
14subject of the previous report of dependent adult abuse which
15the department determined was minor, isolated, and unlikely to
16reoccur shall not be considered minor, isolated, and unlikely
17to reoccur.
182. A person who, in the course of employment, examines,
19attends, counsels, or treats a dependent adult and reasonably
20believes the dependent adult has suffered abuse, shall report
21the suspected dependent adult abuse to the department. Persons
22required to report include all of the following:
23a. A member of the staff of a community mental health
24center.
25b. A peace officer.
26c. An in-home homemaker-home health aide.
27d. An individual employed as an outreach person.
28e. A health practitioner, as defined in section 232.68.
29f. A member of the staff or an employee of a supported
30community living service, sheltered workshop, or work activity
31center.
32g. A social worker.
33h. A certified psychologist.
34i. A massage therapist licensed pursuant to chapter 152C.
353. a. If a staff member or employee is required to report
-460-1pursuant to this section, the person shall immediately notify
2the department and shall also immediately notify the person in
3charge or the person’s designated agent.
4b. The employer or supervisor of a person who is required to
5or may make a report pursuant to this section shall not apply a
6policy, work rule, or other requirement that interferes with
7the person making a report of dependent adult abuse or that
8results in the failure of another person to make the report.
94. An employee of a financial institution may report
10suspected financial exploitation of a dependent adult to the
11department.
125. Any other person who believes that a dependent adult has
13suffered abuse may report the suspected abuse to the department
14of human services.
156. Following the reporting of suspected dependent adult
16abuse, the department of human services or an agency approved
17by the department shall complete an assessment of necessary
18services and shall make appropriate referrals for receipt of
19these services. The assessment shall include interviews with
20the dependent adult, and, if appropriate, with the alleged
21perpetrator of the dependent adult abuse and with any person
22believed to have knowledge of the circumstances of the case.
23The department may provide necessary protective services and
24may establish a sliding fee schedule for those persons able to
25pay a portion of the protective services.
267. Upon a showing of probable cause that a dependent
27adult has been abused, a court may authorize a person, also
28authorized by the department, to make an evaluation, to enter
29the residence of, and to examine the dependent adult. Upon
30a showing of probable cause that a dependent adult has been
31financially exploited, a court may authorize a person, also
32authorized by the department, to make an evaluation, and to
33gain access to the financial records of the dependent adult.
348. If the department determines that disclosure is
35necessary for the protection of a dependent adult, the
-461-1department may disclose to a subject of a dependent adult abuse
2report referred to in section 235B.6, subsection 2, paragraph
3“a”, that an individual is listed in the child or dependent
4adult abuse registry or is required to register with the sex
5offender registry in accordance with chapter 692A.
69. If, in the course of assessment, evaluation, or
7investigation of a report of dependent adult abuse, the
8department determines that disclosure is necessary for the
9protection of a dependent adult’s resources, the department
10may disclose the initiation and status of the dependent
11adult abuse evaluation to the dependent adult’s bank, savings
12association, credit union, broker-dealer as defined in section
13502.102, subsection 4, investment advisor as defined in section
14502.102, subsection 15, financial advisor, or other financial
15institution, or the administrator as defined in section
16502.102, subsection 1.
1710. The department shall inform the appropriate county
18attorneys of any reports of dependent adult abuse. The
19department may request information from any person believed
20to have knowledge of a case of dependent adult abuse. The
21person, including but not limited to a county attorney, a law
22enforcement agency, a multidisciplinary team, a social services
23agency in the state, or any person who is required pursuant
24to subsection 2 to report dependent adult abuse, whether or
25not the person made the specific dependent adult abuse report,
26shall cooperate and assist in the evaluation upon the request
27of the department. If the department’s assessment reveals
28that dependent adult abuse exists which might constitute a
29criminal offense, a report shall be made to the appropriate
30law enforcement agency. County attorneys and appropriate law
31enforcement agencies shall also take any other lawful action
32necessary or advisable for the protection of the dependent
33adult.
34a. If, upon completion of the evaluation or upon referral
35from the department of inspections and appeals, the department
-462-1determines that the best interests of the dependent adult
2require court action, the department shall initiate action for
3the appointment of a guardian or conservator or for admission
4or commitment to an appropriate institution or facility
5pursuant to the applicable procedures under chapter 125, 222,
6229, or 633, or shall pursue other remedies provided by law.
7The appropriate county attorney shall assist the department in
8the preparation of the necessary papers to initiate the action
9and shall appear and represent the department at all district
10court proceedings.
11b. The department shall assist the court during all stages
12of court proceedings involving a suspected case of dependent
13adult abuse.
14c. In every case involving abuse which is substantiated
15by the department and which results in a judicial proceeding
16on behalf of the dependent adult, legal counsel shall be
17appointed by the court to represent the dependent adult in
18the proceedings. The court may also appoint a guardian ad
19litem to represent the dependent adult if necessary to protect
20the dependent adult’s best interests. The same attorney may
21be appointed to serve both as legal counsel and as guardian
22ad litem. Before legal counsel or a guardian ad litem is
23appointed pursuant to this section, the court shall require
24the dependent adult and any person legally responsible for
25the support of the dependent adult to complete under oath
26a detailed financial statement. If, on the basis of that
27financial statement, the court deems that the dependent adult
28or the legally responsible person is able to bear all or a
29portion of the cost of the legal counsel or guardian ad litem,
30the court shall so order. In cases where the dependent adult
31or the legally responsible person is unable to bear the cost
32of the legal counsel or guardian ad litem, the expense shall
33be paid by the county.
3411. A person participating in good faith in reporting or
35cooperating with or assisting the department in evaluating a
-463-1case of dependent adult abuse has immunity from liability,
2civil or criminal, which might otherwise be incurred or
3imposed based upon the act of making the report or giving the
4assistance. The person has the same immunity with respect to
5participating in good faith in a judicial proceeding resulting
6from the report or cooperation or assistance or relating to the
7subject matter of the report, cooperation, or assistance.
812. It shall be unlawful for any person or employer
9to discharge, suspend, or otherwise discipline a person
10required to report or voluntarily reporting an instance of
11suspected dependent adult abuse pursuant to subsection 2 or
125, or cooperating with, or assisting the department of human
13services in evaluating a case of dependent adult abuse, or
14participating in judicial proceedings relating to the reporting
15or cooperation or assistance based solely upon the person’s
16reporting or assistance relative to the instance of dependent
17adult abuse. A person or employer found in violation of this
18subsection is guilty of a simple misdemeanor.
1913. A person required by this section to report a suspected
20case of dependent adult abuse who knowingly and willfully fails
21to do so commits a simple misdemeanor. A person required by
22this section to report a suspected case of dependent adult
23abuse who knowingly fails to do so or who knowingly, in
24violation of subsection 3, interferes with the making of such a
25report or applies a requirement that results in such a failure
26is civilly liable for the damages proximately caused by the
27failure.
2814. The department of inspections and appeals shall adopt
29rules which require facilities or programs to separate an
30alleged dependent adult abuser from a victim following an
31allegation of perpetration of abuse and prior to the completion
32of an investigation of the allegation.
33 Sec. 719. Section 235B.5, Code 2023, is amended to read as
34follows:
35235B.5 Creation and maintenance of a central registry.
-464- 11. There is created within the department a central registry
2for dependent adult abuse information. The department shall
3organize and staff the registry and adopt rules for its
4operation.
52. The registry shall collect, maintain, and disseminate
6dependent adult abuse information as provided in this chapter.
73. The department shall maintain a toll-free telephone
8line, which shall be available on a twenty-four-hour-a-day,
9seven-day-a-week basis and which the department and all other
10persons may use to report cases of suspected dependent adult
11abuse and that all persons authorized by this chapter may use
12for obtaining dependent adult abuse information.
134. An oral report of suspected dependent adult abuse
14initially made to the central registry shall be immediately
15transmitted by the department to the appropriate county
16department of human services or law enforcement agency, or
17both.
185. An oral report of suspected dependent adult abuse
19initially made to the central registry regarding a facility or
20program as defined in section 235E.1 shall be transmitted by
21the department to the department of inspections and appeals on
22the first working day following the submitting of the report.
236. The registry, upon receipt of a report of suspected
24dependent adult abuse, shall search the records of the
25registry, and if the records of the registry reveal any
26previous report of dependent adult abuse involving the same
27adult or if the records reveal any other pertinent information
28with respect to the same adult, the appropriate office of the
29 department of human services or the appropriate law enforcement
30agency shall be immediately notified of that fact.
317. The central registry shall include but not be limited to
32report data, investigation data, and disposition data.
33 Sec. 720. Section 235B.6, Code 2023, is amended to read as
34follows:
35235B.6 Authorized access.
-465- 11. Notwithstanding chapter 22, the confidentiality of all
2dependent adult abuse information shall be maintained, except
3as specifically provided by subsections 2 and 3.
42. Access to dependent adult abuse information other than
5unfounded dependent adult abuse information is authorized only
6to the following persons:
7a. A subject of a report including all of the following:
8(1) To an adult named in a report as a victim of abuse or to
9the adult’s attorney or guardian ad litem.
10(2) To a guardian or legal custodian, or that person’s
11attorney, of an adult named in a report as a victim of abuse.
12(3) To the person or the attorney for the person named in a
13report as having abused an adult.
14b. A person involved in an investigation of dependent adult
15abuse including all of the following:
16(1) A health practitioner or mental health professional
17who is examining, attending, or treating an adult whom such
18practitioner or professional believes or has reason to believe
19has been the victim of abuse or to a health practitioner or
20mental health professional whose consultation with respect to
21an adult believed to have been the victim of abuse is requested
22by the department.
23(2) An employee or agent of the department responsible for
24the investigation of a dependent adult abuse report or for the
25purpose of performing record checks as required under section
26135C.33.
27(3) A representative of the department involved in the
28certification or accreditation of an agency or program
29providing care or services to a dependent adult believed to
30have been a victim of abuse.
31(4) A law enforcement officer responsible for assisting in
32an investigation of a dependent adult abuse allegation.
33(5) A multidisciplinary team, if the department of human
34services approves the composition of the multidisciplinary team
35and determines that access to the team is necessary to assist
-466-1the department in the investigation, diagnosis, assessment, and
2disposition of a case of dependent adult abuse.
3(6) The mandatory reporter who reported the dependent adult
4abuse in an individual case.
5(7) Each board specified under chapter 147 and the Iowa
6 department of public health for the purpose of licensure,
7certification or registration, disciplinary investigation, or
8the renewal of licensure, certification or registration, or
9disciplinary proceedings of health care professionals.
10c. A person providing care to an adult including all of the
11following:
12(1) A licensing authority for a facility, including a
13facility or program defined in section 235E.1, providing care
14to an adult named in a report.
15(2) A person authorized as responsible for the care or
16supervision of an adult named in a report as a victim of abuse
17or a person named in a report as having abused an adult if
18the court or registry deems access to dependent adult abuse
19information by such person to be necessary.
20(3) An employee or agent of the department responsible
21for registering or licensing or approving the registration or
22licensing of a person, or to an individual providing care to an
23adult and regulated by the department.
24(4) The legally authorized protection and advocacy agency
25recognized pursuant to section 135C.2 if a person identified in
26the information as a victim or a perpetrator of abuse resided
27in or receives services from a facility, including a facility
28or program defined in section 235E.1, or agency because the
29person is diagnosed as having a developmental disability or a
30mental illness.
31(5) To an administrator of an agency certified by the
32department of human services to provide services under a
33medical assistance home and community-based services waiver,
34if the information concerns a person employed by or being
35considered by the agency for employment.
-467- 1(6) To the administrator of an agency providing mental
2health, intellectual disability, or developmental disability
3services under a regional service system management plan
4implemented in accordance with section 331.393, if the
5information concerns a person employed by or being considered
6by the agency for employment.
7(7) To an administrator of a hospital licensed under chapter
8135B if the data concerns a person employed or being considered
9for employment by the hospital.
10(8) An employee of an agency requested by the department
11to provide case management or other services to the dependent
12adult.
13d. Relating to judicial and administrative proceedings,
14persons including all of the following:
15(1) A court upon a finding that information is necessary
16for the resolution of an issue arising in any phase of a case
17involving dependent adult abuse.
18(2) A court or agency hearing an appeal for correction
19of dependent adult abuse information as provided in section
20235B.10.
21(3) An expert witness or a witness who testifies at any
22stage of an appeal necessary for correction of dependent adult
23abuse information as provided in section 235B.10.
24(4) A court or administrative agency making a determination
25regarding an unemployment compensation claim pursuant to
26section 96.6.
27(5) To a juvenile court involved in an adjudication or
28disposition of a child that is the subject of a guardianship
29proceeding under chapter 232D.
30(6) To a district court upon a finding that data is
31necessary for the resolution of an issue arising in any phase
32of a case involving proceedings for a child guardianship under
33chapter 232D.
34e. Other persons including all of the following:
35(1) A person conducting bona fide research on dependent
-468-1adult abuse, but without information identifying individuals
2named in a dependent adult abuse report, unless having that
3information open to review is essential to the research or
4evaluation and the authorized registry officials give prior
5written approval and the adult, the adult’s guardian or
6guardian ad litem, and the person named in a report as having
7abused an adult give permission to release the information.
8(2) Registry or department personnel when necessary to the
9performance of their official duties or a person or agency
10under contract with the department to carry out official duties
11and functions of the registry.
12(3) The department of justice for the sole purpose of the
13filing of a claim for reparation pursuant to sections 915.21
14and 915.84.
15(4) A legally constituted adult protection agency of
16another state which is investigating or treating an adult named
17in a report as having been abused.
18(5) The office of the attorney general.
19(6) A health care facility administrator or the
20administrator’s designee, following the appeals process, for
21the purpose of hiring staff or continued employment of staff.
22(7) To the administrator of an agency providing care to a
23dependent adult in another state, for the purpose of performing
24an employment background check.
25(8) To the superintendent, or the superintendent’s
26designee, of a school district or to the authorities in charge
27of an accredited nonpublic school for purposes of a volunteer
28or employment record check.
29(9) The department of inspections and appeals for purposes
30of record checks of applicants for employment with the
31department of inspections and appeals.
32(10) The state or a local long-term care ombudsman if the
33victim resides in or the alleged perpetrator is an employee of
34a long-term care facility as defined in section 231.4.
35(11) The state office or local office of public guardian as
-469-1defined in section 231E.3, if the information relates to the
2provision of legal services for a client served by the state or
3local office of public guardian.
4(12) A nursing program that is approved by the state board
5of nursing under section 152.5, if the information relates to a
6record check performed pursuant to section 152.5A.
7(13) To the board of educational examiners created under
8chapter 272 for purposes of determining whether a license,
9certificate, or authorization should be issued, denied, or
10revoked.
11(14) The department on aging for the purposes of conducting
12background checks of applicants for employment with the
13department on aging.
14(15) To the Iowa veterans home for purposes of record checks
15of potential volunteers and volunteers in the Iowa veterans
16home.
17(16) To the administrator of a certified nurse aide program,
18if the data relates to a record check of a student of the
19program performed pursuant to section 135C.33.
20(17) To the administrator of a juvenile detention or shelter
21care home, if the data relates to a record check of an existing
22or prospective employee, resident, or volunteer for or in the
23home.
24(18) To the employer or prospective employer of a school bus
25driver for purposes of an employment record check.
26(19) To a free clinic as defined in section 135.24A for
27purposes of record checks of potential volunteers and existing
28volunteers at the free clinic.
29(20) To a bank, savings association, credit union,
30broker-dealer as defined in section 502.102, subsection 4,
31investment advisor as defined in section 502.102, subsection
3215, financial advisor, or other financial institution as deemed
33necessary by the department to protect the dependent adult’s
34resources.
35(21) To the social security administration.
-470- 1(22) To the administrator as defined in section 502.102,
2subsection 1.
3f. To a person who submits written authorization from
4an individual allowing the person access to information on
5the determination only on whether or not the individual who
6authorized the access is named in a founded dependent adult
7abuse report as having abused a dependent adult.
83. Access to unfounded dependent adult abuse information is
9authorized only to those persons identified in subsection 2,
10paragraph “a”, paragraph “b”, subparagraphs (2), (5), and (6),
11and paragraph “e”, subparagraphs (2), (5), (10), (20), (21), and
12(22).
13 Sec. 721. Section 235B.16, Code 2023, is amended to read as
14follows:
15235B.16 Information, education, and training requirements.
161. The department on aging, in cooperation with the
17department, shall conduct a public information and education
18program. The elements and goals of the program include but are
19not limited to:
20a. Informing the public regarding the laws governing
21dependent adult abuse and the reporting requirements for
22dependent adult abuse.
23b. Providing caretakers with information regarding services
24to alleviate the emotional, psychological, physical, or
25financial stress associated with the caretaker and dependent
26adult relationship.
27c. Affecting public attitudes regarding the role of a
28dependent adult in society.
292. The department, in cooperation with the department on
30aging and the department of inspections and appeals, shall
31institute a program of education and training for persons,
32including members of provider groups and family members, who
33may come in contact with dependent adult abuse. The program
34shall include but is not limited to instruction regarding
35recognition of dependent adult abuse and the procedure for the
-471-1reporting of suspected abuse.
23. The content of the continuing education required
3pursuant to chapter 272C for a licensed professional providing
4care or service to a dependent adult shall include, but is
5not limited to, the responsibilities, obligations, powers,
6and duties of a person regarding the reporting of suspected
7dependent adult abuse, and training to aid the professional in
8identifying instances of dependent adult abuse.
94. The department of inspections and appeals shall provide
10training to investigators regarding the collection and
11preservation of evidence in the case of suspected dependent
12adult abuse.
135. a. For the purposes of this subsection, “licensing
14board” means a board designated in section 147.13, the board of
15educational examiners created in section 272.2, or a licensing
16board as defined in section 272C.1.
17b. A person required to report cases of dependent adult
18abuse pursuant to sections 235B.3 and 235E.2, other than a
19physician whose professional practice does not regularly
20involve providing primary health care to adults, shall
21complete two hours of training relating to the identification
22and reporting of dependent adult abuse within six months of
23initial employment or self-employment which involves the
24examination, attending, counseling, or treatment of adults
25on a regular basis. Within one month of initial employment
26or self-employment, the person shall obtain a statement of
27the abuse reporting requirements from the person’s employer
28or, if self-employed, from the department. The person shall
29complete at least two hours of additional dependent adult abuse
30identification and reporting training every three years. If
31the person completes at least one hour of additional dependent
32adult abuse identification and reporting training prior to the
33three-year expiration period, the person shall be deemed in
34compliance with the training requirements of this section for
35an additional three years.
-472- 1c. The core training curriculum relating to the
2identification and reporting of dependent adult abuse, as
3provided in paragraph “b”, shall be developed by the department
4pursuant to subsection 2 and provided by the department.
5d. An employer of a person required to report cases
6of dependent adult abuse pursuant to sections 235B.3 and
7235E.2 may provide supplemental training, specific to the
8identification and reporting of dependent adult abuse as it
9relates to the person’s professional practice, in addition to
10the core training provided by the department.
11e. A licensing board with authority over the license of
12a person required to report cases of dependent adult abuse
13pursuant to sections 235B.3 and 235E.2 shall require as a
14condition of licensure that the person is in compliance with
15the requirements for abuse training under this subsection.
16The licensing board shall require the person upon licensure
17renewal to accurately document for the licensing board the
18person’s completion of the training requirements. However,
19the licensing board may adopt rules providing for waiver or
20suspension of the compliance requirements, if the waiver or
21suspension is in the public interest, applicable to a person
22who is engaged in active duty in the military service of this
23state or of the United States, to a person for whom compliance
24with the training requirements would impose a significant
25hardship, or to a person who is practicing a licensed
26profession outside this state or is otherwise subject to
27circumstances that would preclude the person from encountering
28dependent adult abuse in this state.
29f. For persons required to report cases of dependent
30adult abuse pursuant to sections 235B.3 and 235E.2, who are
31not engaged in a licensed profession that is subject to the
32authority of a licensing board but are employed by a facility
33or program subject to licensure, registration, or approval by a
34state agency, the agency shall require as a condition of the
35renewal of the facility’s or program’s licensure, registration,
-473-1or approval, that such persons employed by the facility or
2program are in compliance with the training requirements of
3this subsection.
4g. For peace officers, the elected or appointed official
5designated as the head of the agency employing the peace
6officer shall ensure compliance with the training requirements
7of this subsection.
8h. For persons required to report cases of dependent adult
9abuse pursuant to sections 235B.3 and 235E.2 who are employees
10of state departments and political subdivisions of the state,
11the department director or the chief administrator of the
12political subdivision shall ensure the persons’ compliance with
13the training requirements of this subsection.
146. The department shall require an educational program for
15employees of the registry on the proper use and control of
16dependent adult abuse information.
17 Sec. 722. Section 235B.16A, Code 2023, is amended to read
18as follows:
19235B.16A Dependent adults — dependency assessments —
20interagency training.
211. The dependent adult protective advisory council
22established pursuant to section 235B.1 shall recommend a
23uniform assessment instrument and process for adoption and use
24by the department of human services and other agencies involved
25with assessing a dependent adult’s degree of dependency
26and determining whether dependent adult abuse has occurred.
27However, this section shall not apply to dependent adult abuse
28assessments and determinations made under chapter 235E.
292. The instrument and process design under subsection 1
30shall address but is not limited to all of the following:
31a. Evaluation of conformity with applicable federal law and
32regulations on the part of the persons employing, housing, or
33providing services to the dependent adult.
34b. Provision for the final step in the dependency assessment
35of a dependent adult to be a formal assessment of the existence
-474-1of risk to the health or safety of the individual or of the
2degree of the individual’s impairment in ability under the
3definition of dependent adult in section 235B.2.
4c. If the assessment under paragraph “b” determines that a
5risk to the health or safety of the individual exists or the
6individual has a significant impairment in ability, and the
7individual being assessed agrees, provision for a case manager
8to be assigned to assist in preparing and implementing a safety
9plan which includes protective services for the individual.
10d. If the assessment under paragraph “b” determines that
11a risk to the health or safety of the individual exists or
12the individual has a significant impairment in ability, the
13individual being assessed does not agree to the safety plan
14provisions under paragraph “c” or accept other services, and
15the options available under sections 235B.17, 235B.18, and
16235B.19 are not utilized, provision for the department of human
17services to maintain periodic contact with the individual in
18accordance with rules adopted for this purpose. The purpose
19of the contact is to assess any increased risk or impairment
20and to monitor the individual’s goals, feelings, and concerns
21so that the department can intervene when necessary or
22offer services and other support to maintain or sustain the
23individual’s safety and independence when the individual is
24ready to agree to a safety plan or accept services.
253. The department of human services and other agencies
26involved with assessing a dependent adult’s degree of
27dependency and whether dependent adult abuse has occurred shall
28adopt rules and take other steps necessary to implement the
29uniform assessment instrument and process addressed by this
30section on or before July 1, 2010.
314. The department of human services shall cooperate with
32the department on aging, the departments of inspections
33and appeals, public health, public safety, and workforce
34development, the civil rights commission, and other state and
35local agencies performing inspections or otherwise visiting
-475-1residential settings where dependent adults live, to regularly
2provide training to the appropriate staff in the agencies
3concerning each agency’s procedures involving dependent
4adults, and to build awareness concerning dependent adults and
5reporting of dependent adult abuse.
6 Sec. 723. Section 235E.2, subsection 1, paragraphs a and c,
7Code 2023, are amended to read as follows:
8a. The department shall receive and evaluate reports
9of dependent adult abuse in facilities and programs. The
10department shall inform the department of health and human
11services of such evaluations and dispositions and those
12individuals who should be placed on the central registry for
13dependent adult abuse pursuant to section 235E.7. If the
14department believes the situation involves an immediate danger
15to the public health, safety, or welfare requiring immediate
16agency action to seek emergency placement on the central
17registry, the department may utilize emergency adjudicative
18proceedings pursuant to section 17A.18A.
19c. A report of dependent adult abuse that meets the
20definition of dependent adult abuse under section 235E.1,
21subsection 5, paragraph “a”, subparagraph (1), subparagraph
22division (a) or (d), or section 235E.1, subsection 5, paragraph
23“a”, subparagraph (3), which the department determines is
24minor, isolated, and unlikely to reoccur shall be collected
25and maintained by the department of health and human services
26as an assessment only for a five-year period and shall not be
27included in the central registry and shall not be considered
28to be founded dependent adult abuse. A subsequent report of
29dependent adult abuse that meets the definition of dependent
30adult abuse under section 235E.1, subsection 5, paragraph “a”,
31subparagraph (1), subparagraph division (a) or (d), or section
32235E.1, subsection 5, paragraph “a”, subparagraph (3), that
33occurs within the five-year period, and that is committed by
34the caretaker responsible for the act or omission which was the
35subject of the previous report of dependent adult abuse which
-476-1the department determined was minor, isolated, and unlikely to
2reoccur, may be considered minor, isolated, and unlikely to
3reoccur depending on the circumstances of the report.
4 Sec. 724. Section 235E.2, subsection 5, Code 2023, is
5amended to read as follows:
65. Any other person who believes that a dependent adult
7has suffered dependent adult abuse may report the suspected
8dependent adult abuse to the department of inspections and
9appeals. The department of inspections and appeals shall
10transfer any reports received of dependent adult abuse in the
11community to the department of health and human services. The
12department of health and human services shall transfer any
13reports received of dependent adult abuse in facilities or
14programs to the department of inspections and appeals.
15 Sec. 725. Section 235E.2, subsection 6, paragraph a, Code
162023, is amended to read as follows:
17a. If, upon completion of an investigation, the department
18determines that the best interests of the dependent adult
19require court action, the department shall notify the
20department of health and human services of the potential need
21for a guardian or conservator or for admission or commitment
22to an appropriate institution or facility pursuant to the
23applicable procedures under chapter 125, 222, 229, or 633, or
24shall pursue other remedies provided by law. The appropriate
25county attorney shall assist the department of health and human
26services in the preparation of the necessary papers to initiate
27the action and shall appear and represent the department of
28health and human services at all district court proceedings.
29 Sec. 726. Section 235F.6, subsection 4, Code 2023, is
30amended to read as follows:
314. The court may approve a consent agreement between the
32parties entered into to bring about the cessation of elder
33abuse. A consent agreement approved under this section shall
34not contain any of the following:
35a. A provision that prohibits any party to the action
-477-1from contacting or cooperating with any government agency
2including the department of health and human services, the
3department of inspections and appeals, the department on aging,
4 the department of justice, law enforcement, and the office of
5long-term care ombudsman; a licensing or regulatory agency
6that has jurisdiction over any license or certification held
7by the defendant; a protection and advocacy agency recognized
8in section 135C.2; or the defendant’s current employer if the
9defendant’s professional responsibilities include contact with
10vulnerable elders, dependent adults, or minors, if the party
11contacting or cooperating has a good-faith belief that the
12information is relevant to the duties or responsibilities of
13the entity.
14b. A provision that prohibits any party to the action from
15filing a complaint with or reporting a violation of law to
16any government agency including the department of health and
17 human services, the department of inspections and appeals,
18the department on aging, the department of justice, law
19enforcement, and the office of long-term care ombudsman; a
20licensing or regulatory agency that has jurisdiction over any
21license or certification held by the defendant; a protection
22and advocacy agency recognized in section 135C.2; or the
23defendant’s current employer.
24c. A provision that requires any party to the action to
25withdraw a complaint filed with or a violation reported to
26any government agency including the department of health and
27 human services, the department of inspections and appeals,
28the department on aging, the department of justice, law
29enforcement, and the office of long-term care ombudsman; a
30licensing or regulatory agency that has jurisdiction over any
31license or certification held by the defendant; a protection
32and advocacy agency recognized in section 135C.2; or the
33defendant’s current employer.
34 Sec. 727. Section 237.1, Code 2023, is amended to read as
35follows:
-478- 1237.1 Definitions.
2As used in this chapter:
31. “Administrator” means the administrator of that division
4of the department designated by the director of human services
5to administer this chapter or the administrator’s designee.
62. 1. “Agency” means a person, as defined in section 4.1,
7subsection 20, which provides child foster care and which does
8not meet the definition of an individual in subsection 7 as
9defined under this section.
103. 2. “Child” means child as defined in section 234.1,
11subsection 2.
124. 3. “Child foster care” means the provision of parental
13nurturing, including but not limited to the furnishing of
14food, lodging, training, education, supervision, treatment,
15or other care, to a child on a full-time basis by a person,
16including a relative of the child if the relative is licensed
17under this chapter, but not including a guardian of the child.
18“Child foster care” does not include any of the following care
19situations:
20a. Care furnished by an individual person who receives the
21child of a personal friend as an occasional and personal guest
22in the individual person’s home, free of charge and not as a
23business.
24b. Care furnished by an individual person with whom a child
25has been placed for lawful adoption, unless that adoption is
26not completed within two years after placement.
27c. Care furnished by a private boarding school subject to
28approval by the state board of education pursuant to section
29256.11.
30d. Child care furnished by a child care center, a child
31development home, or a child care home as defined in section
32237A.1.
33e. Care furnished in a hospital licensed under chapter 135B
34or care furnished in a nursing facility licensed under chapter
35135C.
-479- 1f. Care furnished by a relative of a child or an individual
2person with a meaningful relationship with the child where the
3child is not under the placement, care, or supervision of the
4department.
54. “Council” means the council on health and human services.
65. “Department” means the department of health and human
7services.
86. “Director” means the director of health and human
9services.
107. “Facility” means the personnel, program, physical plant,
11and equipment of a licensee.
127. 8. “Individual” means an individual person or a married
13couple who provides child foster care in a single-family home
14environment and which does not meet the definition of an agency
15in subsection 2 under this section.
168. 9. “Licensee” means an individual or an agency licensed
17by the administrator under this chapter.
189. 10. “Reasonable and prudent parent standard” means
19the standard characterized by careful and sensible parenting
20decisions that maintain the health, safety, and best interests
21of a child, while at the same time encouraging the emotional
22and developmental growth of a child, that a caregiver shall
23use when determining whether to allow a child in foster care
24under the placement, care, or supervision of the department to
25participate in extracurricular, enrichment, cultural, or social
26activities. For the purposes of this subsection, “caregiver”
27means an individual or an agency licensed under this chapter
28with which a child in foster care has been placed or a juvenile
29shelter care home approved under chapter 232 in which a child
30in foster care has been placed.
31 Sec. 728. Section 237.3, Code 2023, is amended to read as
32follows:
33237.3 Rules.
341. Except as otherwise provided by subsections 3 and 4,
35the administrator department shall promulgate, after their
-480-1adoption by the council on human services, and enforce in
2accordance with chapter 17A, administrative rules necessary
3to implement this chapter. Formulation of the rules shall
4include consultation with representatives of child foster care
5providers, and other persons affected by this chapter. The
6rules shall encourage the provision of child foster care in a
7single-family, home environment, exempting the single-family,
8home facility from inappropriate rules.
92. Rules applicable to licensees shall include but are not
10limited to:
11a. Types of facilities which include but are not limited to
12group foster care facilities and family foster care homes.
13b. The number, qualifications, character, and parenting
14ability of personnel necessary to assure the health, safety and
15welfare of children receiving child foster care.
16c. Programs for education and in-service training of
17personnel.
18d. The physical environment of a facility.
19e. Policies for intake, assessment, admission and discharge.
20f. Housing, health, safety, and medical care policies
21for children receiving child foster care. The medical care
22policies shall include but are not limited to all of the
23following:
24(1) Provision by the department to the foster care provider
25at or before the time of a child’s placement of the child’s
26health records and any other information possessed or known
27about the health of the child or about a member of the child’s
28family that pertains to the child’s health.
29(2) If the health records supplied in accordance with
30the child’s case permanency plan to the foster care provider
31are incomplete or the provider requests specific health
32information, provision for obtaining additional health
33information from the child’s parent or other source and
34supplying the additional information to the foster care
35provider.
-481- 1(3) Provision for emergency health coverage of the child
2while the child is engaged in temporary out-of-state travel
3with the child’s foster family.
4g. (1) The adequacy of programs available to children
5receiving child foster care provided by agencies, including but
6not limited to:
7(a) Dietary services.
8(b) Social services.
9(c) Activity programs.
10(d) Behavior management procedures.
11(e) Educational programs, including special education
12as defined in section 256B.2, subsection 1, paragraph “b”,
13where appropriate, which are approved by the state board of
14education.
15(2) The department shall not promulgate rules which
16regulate individual licensees in the subject areas enumerated
17in this paragraph “g”.
18h. Policies for involvement of biological parents.
19i. Records a licensee is required to keep, and reports a
20licensee is required to make to the administrator department.
21j. Prior to the licensing of an individual as a foster
22family home, a required, written social assessment of the
23quality of the living situation in the home of the individual,
24and a required compilation of personal references for the
25individual other than those references given by the individual.
26k. Elements of a foster care placement agreement outlining
27rights and responsibilities associated with an individual
28providing family foster care. The rights and responsibilities
29shall include but are not limited to all of the following:
30(1) Receiving information prior to the child’s placement
31regarding risk factors concerning the child that are known to
32the department, including but not limited to notice if the
33child is required to register under chapter 692A.
34(2) Having regularly scheduled meetings with each case
35manager assigned to the child.
-482- 1(3) Receiving access to any reports prepared by a service
2provider who is working with the child unless the access is
3prohibited by state or federal law.
43. Rules governing fire safety in facilities with child
5foster care provided by agencies shall be promulgated by the
6state fire marshal pursuant to section 100.1, subsection 5,
7 after consultation with the administrator director.
84. Rules governing sanitation, water and waste disposal
9standards for facilities shall be promulgated by the Iowa
10 department of public health pursuant to section 135.11,
11subsection 12, after consultation with the administrator
12 director.
135. In case of a conflict between rules promulgated pursuant
14to subsections 3 and 4 and local rules, the more stringent
15requirement applies.
166. Rules of the department shall not prohibit the licensing,
17as foster family homes, of individuals who are departmental
18employees not directly engaged in the administration of the
19child foster care program pursuant to this chapter.
207. If an agency is accredited by the joint commission
21on the accreditation of health care organizations under the
22commission’s consolidated standards for residential settings
23or by the council on accreditation of services for families
24and children, the department shall modify facility licensure
25standards applied to the agency in order to avoid duplicating
26standards applied through accreditation.
278. The department, in consultation with the judicial
28branch, the division of criminal and juvenile justice planning
29of the department of human rights, residential treatment
30providers, the foster care provider association, and other
31parties which may be affected, shall review the licensing rules
32pertaining to residential treatment facilities, and examine
33whether the rules allow the facilities to accept and provide
34effective treatment to juveniles with serious problems who
35might not otherwise be placed in those facilities.
-483- 19. The department shall adopt rules specifying the elements
2of a preadoptive care agreement outlining the rights and
3responsibilities associated with a person providing preadoptive
4care, as defined in section 232.2.
510. The department shall adopt rules to administer the
6exception to the definition of child care in section 237A.1,
7subsection 3, paragraph “l”, allowing a child care facility, for
8purposes of providing respite care to a foster family home, to
9provide care, supervision, or guidance of a child for a period
10of twenty-four hours or more who is placed with the licensed
11foster family home.
12 Sec. 729. Section 237.4, Code 2023, is amended to read as
13follows:
14237.4 License required — exceptions.
15An individual or an agency, as defined in section 237.1,
16shall not provide child foster care unless the individual or
17agency obtains a license issued by the administrator under this
18chapter. However, a license is not required of the following:
191. An individual providing child foster care for a total of
20not more than twenty days in one calendar year.
212. A residential care facility licensed under chapter 135C
22which is approved for the care of children.
233. A hospital licensed under chapter 135B.
244. A health care facility licensed under chapter 135C.
255. A juvenile detention home or juvenile shelter care home
26approved under section 232.142.
276. An institution listed in section 218.1.
287. A facility licensed under chapter 125.
298. An individual providing child care as a babysitter at the
30request of a parent, guardian or relative having lawful custody
31of the child.
32 Sec. 730. Section 237.5, Code 2023, is amended to read as
33follows:
34237.5 License application and issuance — denial, suspension,
35or revocation — provisional licenses.
-484- 11. An individual or an agency shall apply for a license
2by completing an application to the administrator department
3 upon forms furnished by the administrator department. The
4administrator department shall issue or reissue a license if
5the administrator department determines that the applicant or
6licensee is or upon commencing operation will provide child
7foster care in compliance with this chapter. An initial
8license for an individual is valid for one year from the date
9of issuance. After the first two years of licensure, a license
10for an individual is valid for two years from the most recent
11date of issuance except that the administrator department,
12within the administrator’s director’s discretion and based upon
13the performance of the licensee, may require annual renewal
14of the license or may issue a provisional license pursuant to
15subsection 3. A license for an agency is valid for up to three
16years from the date of issuance for the period determined by
17the administrator department in accordance with administrative
18rules providing criteria for making the determination. The
19license shall state on its face the name of the licensee, the
20type of facility, the particular premises for which the license
21is issued, and the number of children who may be cared for by
22the facility on the premises at one time. The license shall
23be posted in a conspicuous place in the physical plant of the
24facility, except that if the facility is in a single-family
25home the license may be kept where it is readily available for
26examination upon request.
272. The administrator department, after notice and
28opportunity for an evidentiary hearing, may deny an application
29for a license, and may suspend or revoke a license, if the
30applicant or licensee violates this chapter or the rules
31promulgated pursuant to this chapter, or knowingly makes
32a false statement concerning a material fact or conceals
33a material fact on the license application or in a report
34regarding operation of the facility submitted to the
35administrator department.
-485- 13. The administrator department may issue a provisional
2license for not more than one year to a licensee whose
3facility does not meet the requirements of this chapter, if
4written plans to bring the facility into compliance with the
5applicable requirements are submitted to and approved by the
6administrator department. The plans shall state a specific
7time when compliance will be achieved. Only one provisional
8license shall be issued for a facility by reason of the same
9deficiency.
10 Sec. 731. Section 237.6, Code 2023, is amended to read as
11follows:
12237.6 Restricted use of facility.
13A licensee shall not furnish child foster care in a building
14or on premises not designated in the license. A licensee
15shall not furnish child foster care to a greater number of
16children than is designated in the license, unless authorized
17by the administrator so authorizes department. Multiple
18licenses authorizing separate and distinct parts of a facility
19to provide different categories of child foster care may be
20issued.
21 Sec. 732. Section 237.7, Code 2023, is amended to read as
22follows:
23237.7 Reports and inspections.
24The administrator department may require submission of
25reports by a licensee, and shall cause at least one annual
26unannounced inspection of each facility to assess the quality
27of the living situation and to determine compliance with
28applicable requirements and standards. The inspections shall
29be conducted by the department of inspections and appeals.
30The director of the department of inspections and appeals
31may examine records of a licensee, including but not limited
32to corporate records and board minutes, and may inquire into
33matters concerning a licensee and its employees relating to
34requirements and standards for child foster care under this
35chapter.
-486-1 Sec. 733. Section 237.8, Code 2023, is amended to read as
2follows:
3237.8 Personnel.
41. A person shall not be allowed to provide services in a
5facility if the person has a disease which is transmissible to
6other persons through required contact in the workplace, which
7presents a significant risk of infecting other persons, which
8presents a substantial possibility of harming other persons, or
9for which no reasonable accommodation can eliminate the risk of
10infecting other persons.
112. a. (1) If a person is being considered for licensure
12under this chapter, or for employment involving direct
13responsibility for a child or in a facility where children
14reside, by a licensee under this chapter, or if a person will
15reside in a facility utilized by a licensee, and if the person
16has been convicted of a crime or has a record of founded child
17abuse, the record check evaluation system of the department
18and the licensee for an employee of the licensee shall perform
19an evaluation to determine whether the crime or founded
20child abuse warrants prohibition of licensure, employment,
21or residence in the facility. The department record check
22evaluation system shall conduct criminal and child abuse record
23checks in this state and may conduct these checks in other
24states. The evaluation shall be performed in accordance with
25procedures adopted for this purpose by the department.
26(2) If the criminal and child abuse record checks conducted
27in this state under subparagraph (1) for an individual being
28considered for licensure under this chapter, or for employment
29involving direct responsibility for a child or in a facility
30where children reside, by a licensee under this chapter, or
31for an individual who will reside in a facility utilized by
32a licensee, have been completed and the individual either
33does not have a record of crime or founded child abuse or the
34department’s record check evaluation system’s evaluation of
35the record has determined that prohibition of the individual’s
-487-1licensure or employment is not warranted, the individual may
2be provisionally approved for licensure or employment pending
3the outcome of the fingerprint-based criminal history check
4conducted pursuant to subparagraph (4).
5(3) An individual being considered for licensure under this
6chapter, or for employment involving direct responsibility for
7a child or in a facility where children reside, by a licensee
8under this chapter, or for an individual who will reside in a
9facility utilized by a licensee, shall not be granted a license
10or be employed and an evaluation shall not be performed under
11this subsection if the individual has been convicted of any of
12the following felony offenses:
13(a) Within the five-year period preceding the application
14date, a drug-related offense.
15(b) Child endangerment or neglect or abandonment of a
16dependent person.
17(c) Domestic abuse.
18(d) A crime against a child, including but not limited to
19sexual exploitation of a minor.
20(e) A forcible felony.
21(4) If an individual is being considered for licensure under
22this chapter, or for employment involving direct responsibility
23for a child or in a facility where children reside, by a
24licensee under this chapter, or if an individual will reside
25in a facility utilized by a licensee, or if an individual is
26subject to licensure under this chapter as a foster parent,
27in addition to the record checks conducted under subparagraph
28(1), the individual’s fingerprints shall be provided to the
29department of public safety for submission through the state
30criminal history repository to the United States department
31of justice, federal bureau of investigation for a national
32criminal history check. The cost of the criminal history check
33conducted under this subparagraph is the responsibility of the
34department of human services.
35(5) If the criminal and child abuse record checks conducted
-488-1in this state under subparagraph (1) for an individual being
2considered for licensure as a foster parent have been completed
3and the individual either does not have a record of crime
4or founded abuse or the department’s record check evaluation
5system’s evaluation of the record has determined that
6prohibition of the individual’s licensure is not warranted, the
7individual may be provisionally approved for licensure pending
8the outcome of the fingerprint-based criminal history check
9conducted pursuant to subparagraph (4).
10(6) An individual applying to be a foster parent licensee
11shall not be granted a license and an evaluation shall not be
12performed under this subsection if the individual has been
13convicted of any of the following felony offenses:
14(a) Within the five-year period preceding the application
15date, a drug-related offense.
16(b) Child endangerment or neglect or abandonment of a
17dependent person.
18(c) Domestic abuse.
19(d) A crime against a child, including but not limited to
20sexual exploitation of a minor.
21(e) A forcible felony.
22b. Except as otherwise provided in paragraph “a”, if the
23department record check evaluation system determines that a
24person has committed a crime or has a record of founded child
25abuse and is licensed, employed by a licensee, or resides in a
26licensed facility the department record check evaluation system
27 shall notify the licensee that an evaluation will be conducted
28to determine whether prohibition of the person’s licensure,
29employment, or residence is warranted.
30c. In an evaluation, the department record check evaluation
31system and the licensee for an employee of the licensee shall
32consider the nature and seriousness of the crime or founded
33child abuse in relation to the position sought or held, the
34time elapsed since the commission of the crime or founded child
35abuse, the circumstances under which the crime or founded
-489-1child abuse was committed, the degree of rehabilitation, the
2likelihood that the person will commit the crime or founded
3child abuse again, and the number of crimes or founded child
4abuses committed by the person involved. The department record
5check evaluation system may permit a person who is evaluated
6to be licensed, employed, or to reside, or to continue to be
7licensed, employed, or to reside in a licensed facility, if the
8person complies with the department’s record check evaluation
9system’s conditions relating to the person’s licensure,
10employment, or residence, which may include completion of
11additional training. For an employee of a licensee, these
12conditional requirements shall be developed with the licensee.
13The department record check evaluation system has final
14authority in determining whether prohibition of the person’s
15licensure, employment, or residence is warranted and in
16developing any conditional requirements under this paragraph.
17d. If the department record check evaluation system
18 determines that the person has committed a crime or has a
19record of founded child abuse which warrants prohibition of
20licensure, employment, or residence, the person shall not be
21licensed under this chapter and shall not be employed by a
22licensee or reside in a licensed facility.
233. In addition to the record checks required under
24subsection 2, the department of human services record check
25evaluation system may conduct dependent adult abuse record
26checks in this state and may conduct these checks in other
27states, on a random basis. The provisions of subsection 2,
28relative to an evaluation following a determination that a
29person has been convicted of a crime or has a record of founded
30child abuse, shall also apply to a random check conducted under
31this subsection.
324. On or after July 1, 1994, a A licensee shall inform
33all new applicants for employment of the possibility of the
34performance of a record check and shall obtain, from the
35applicant, a signed acknowledgment of the receipt of the
-490-1information.
25. On or after July 1, 1994, a A licensee shall include the
3following inquiry in an application for employment:
4Do you have a record of founded child or dependent adult abuse
5or have you ever been convicted of a crime, in this state or any
6other state?
7 Sec. 734. Section 237.13, Code 2023, is amended to read as
8follows:
9237.13 Foster home insurance fund.
101. For the purposes of this section, “foster home” means an
11individual, as defined in section 237.1, subsection 7, who is
12licensed to provide child foster care and shall also be known
13as a “licensed foster home”.
142. The foster home insurance fund shall be administered by
15the department of human services. The fund shall consist of
16all moneys appropriated by the general assembly for deposit
17in the fund. The department shall use moneys in the fund to
18provide home and property coverage for foster parents to cover
19damages to property resulting from the actions of a foster
20child residing in a foster home or to reimburse foster parents
21for the cost of purchasing foster care liability insurance and
22to perform the administrative functions necessary to carry out
23this section. The department may establish limitations of
24liability for individual claims as deemed reasonable by the
25department.
263. The department of human services shall adopt rules,
27pursuant to chapter 17A, to carry out the provisions of this
28section.
29 Sec. 735. Section 237.15, subsection 7, Code 2023, is
30amended to read as follows:
317. “Person or court responsible for the child” means the
32department, including but not limited to the department of
33health and human services, the agency, or the individual who is
34the guardian of a child by court order issued by the juvenile
35or district court and has the responsibility of the care of the
-491-1child, or the court having jurisdiction over the child.
2 Sec. 736. Section 237.16, Code 2023, is amended to read as
3follows:
4237.16 Child advocacy board — staff.
51. The child advocacy board is created within the department
6of inspections and appeals. The state board consists of nine
7members appointed by the governor, subject to confirmation
8by the senate and directly responsible to the governor. One
9member shall be an active court appointed special advocate
10volunteer, one member shall be an active member of a local
11citizen foster care review board, and one member shall be a
12judicial branch employee or judicial officer appointed from
13nominees submitted by the judicial branch. The appointment is
14for a term of four years that begins and ends as provided in
15section 69.19. Vacancies on the state board shall be filled in
16the same manner as original appointments are made.
172. The members of the state board shall annually select a
18chairperson, vice chairperson, and other officers the members
19deem necessary. The members may be entitled to receive
20reimbursement for actual and necessary expenses incurred in
21the performance of their duties, subject to available funding.
22Each member of the board may also be eligible to receive
23compensation as provided in section 7E.6. The state board
24shall meet at least twice a year.
253. An employee of the department or of the department of
26inspections and appeals, an employee of a child-placing agency,
27an employee of an agency with which the department contracts
28for services for children under foster care, a foster parent
29providing foster care, or an employee of the district court
30is not eligible to serve on the state board. However, the
31judicial branch employee or judicial officer appointed from
32nominees submitted by the judicial branch in accordance with
33subsection 1 shall be eligible to serve on the state board.
344. The department and the department of inspections and
35appeals shall jointly develop written protocols detailing the
-492-1responsibilities of each the department with regard to children
2under the purview of the state board. The protocols shall be
3reviewed by the departments department on an annual basis.
45. The director shall employ appropriate staff for the state
5board in accordance with available funding.
6 Sec. 737. Section 237.18, subsection 4, Code 2023, is
7amended by striking the subsection.
8 Sec. 738. Section 237.21, subsection 5, Code 2023, is
9amended to read as follows:
105. Members of the state board and local boards, court
11appointed special advocates, and the employees of the
12department and the department of inspections and appeals are
13subject to standards of confidentiality pursuant to sections
14217.30, 228.6, subsection 1, sections 235A.15, 600.16,
15and 600.16A. Members of the state and local boards, court
16appointed special advocates, and employees of the department
17and the department of inspections and appeals who disclose
18information or records of the board or department, other than
19as provided in subsections 2, 3, and 4, section 232.126,
20and section 237.20, subsection 2, are guilty of a simple
21misdemeanor.
22 Sec. 739. Section 237A.1, Code 2023, is amended to read as
23follows:
24237A.1 Definitions.
25As used in this chapter unless the context otherwise
26requires:
271. “Administrator” means the administrator of the division
28of the department designated by the director to administer this
29chapter.
302. 1. “Child” means either of the following:
31a. A person twelve years of age or younger.
32b. A person thirteen years of age or older but younger than
33nineteen years of age who has a developmental disability as
34defined under the federal Developmental Disabilities Assistance
35and Bill of Rights Act of 2000, Pub.L. No.106-402, as
-493-1codified in 42 U.S.C. §15002(8).
23. 2. “Child care” means the care, supervision, and
3guidance of a child by a person other than the child’s parent,
4guardian, or custodian for periods of less than twenty-four
5hours per day per child on a regular basis, but does not
6include care, supervision, and guidance of a child by any of
7the following:
8a. An instructional program for children who are attending
9prekindergarten as defined by the state board of education
10under section 256.11 or a higher grade level and are at least
11four years of age, or are at least three years of age and
12eligible for special education under chapter 256B, administered
13by any of the following:
14(1) A public or nonpublic school system accredited by the
15department of education or the state board of regents.
16(2) A nonpublic school system which is not accredited by the
17department of education or the state board of regents.
18b. Any of the following church-related programs:
19(1) An instructional program.
20(2) A youth program other than a preschool, before or after
21school child care program, or other child care program.
22(3) A program providing care to children on church premises
23while the children’s parents are attending church-related or
24church-sponsored activities on the church premises.
25c. Short-term classes of less than two weeks’ duration held
26between school terms or during a break within a school term.
27d. A child care center for sick children operated as part of
28a pediatrics unit in a hospital licensed by the department of
29inspections and appeals pursuant to chapter 135B.
30e. A program operated not more than one day per week by
31volunteers which meets all of the following conditions:
32(1) Not more than eleven children are served per volunteer.
33(2) The program operates for less than four hours during any
34twenty-four-hour period.
35(3) The program is provided at no cost to the children’s
-494-1parent, guardian, or custodian.
2f. A program administered by a political subdivision of the
3state which is primarily for recreational or social purposes
4and is limited to children who are five years of age or older
5and attending school.
6g. An after school program continuously offered throughout
7the school year calendar to children who are at least five
8years of age and are enrolled in school, and attend the program
9intermittently or a summer-only program for such children. The
10program must be provided through a nominal membership fee or
11at no cost.
12h. A special activity program which meets less than four
13hours per day for the sole purpose of the special activity.
14Special activity programs include but are not limited to music
15or dance classes, organized athletic or sports programs,
16recreational classes, scouting programs, and hobby or craft
17clubs or classes.
18i. A nationally accredited camp.
19j. A structured program for the purpose of providing
20therapeutic, rehabilitative, or supervisory services to
21children under any of the following:
22(1) A purchase of service or managed care contract with the
23department.
24(2) A contract approved by a governance board of a
25decategorization of child welfare and juvenile justice funding
26project created under section 232.188.
27(3) An arrangement approved by a juvenile court order.
28k. Care provided on-site to children of parents residing in
29an emergency, homeless, or domestic violence shelter.
30l. A child care facility providing respite care to a
31licensed foster family home for a period of twenty-four hours
32or more to a child who is placed with that licensed foster
33family home.
34m. A program offered to a child whose parent, guardian,
35or custodian is engaged solely in a recreational or social
-495-1activity, remains immediately available and accessible on the
2physical premises on which the child’s care is provided, and
3does not engage in employment while the care is provided.
4 However, if the recreational or social activity is provided
5in a fitness center or on the premises of a nonprofit
6organization, the parent, guardian, or custodian of the child
7may be employed to teach or lead the activity.
84. 3. “Child care center” or “center” means a facility
9providing child care or preschool services for seven or more
10children, except when the facility is registered as a child
11development home.
125. 4. “Child care facility” or “facility” means a child
13care center, preschool, or a registered child development home.
146. 5. “Child care home” means a person or program providing
15child care to any of the following children at any one time
16that is not registered to provide child care under this
17chapter, as authorized under section 237A.3:
18a. Five or fewer children.
19b. Six or fewer children, if at least one of the children
20is school-aged.
217. 6. “Child development home” means a person or program
22registered under section 237A.3A that may provide child care to
23seven or more children at any one time.
247. “Council” means the council on health and human services.
258. “Department” means the department of health and human
26services.
279. “Director” means the director of health and human
28services.
2910. “Infant” means a child who is less than twenty-four
30months of age.
3111. “Involvement with child care” means licensed or
32registered under this chapter, employed in a child care
33facility, residing in a child care facility, receiving public
34funding for providing child care, or providing child care as a
35child care home provider, or residing in a child care home.
-496- 112. “Licensed center” means a center issued a full or
2provisional license by the department under the provisions
3of this chapter or a center for which a license is being
4processed.
513. “Poverty level” means the poverty level defined by the
6most recently revised poverty income guidelines published by
7the United States department of health and human services.
814. “Preschool” means a child care facility which provides
9to children ages three through five, for periods of time not
10exceeding three hours per day, programs designed to help the
11children to develop intellectual skills, social skills, and
12motor skills, and to extend their interest and understanding
13of the world about them.
1415. “School” means kindergarten or a higher grade level.
1516. “State child care advisory committee” means the state
16child care advisory committee established pursuant to section
17135.173A.
18 Sec. 740. Section 237A.2, subsection 1, paragraph a, Code
192023, is amended to read as follows:
20a. An application for a license or a renewal has been filed
21with the administrator department on forms provided by the
22department.
23 Sec. 741. Section 237A.2, subsection 3, Code 2023, is
24amended to read as follows:
253. The administrator department may reduce a previously
26issued license to a provisional license or issue a provisional
27license for a period of time not to exceed one year if the
28center does not meet standards required under this section.
29A provisional license shall not be renewable in regard to
30the same standards for more than two consecutive years. A
31provisional license shall be posted in a conspicuous place
32in the center as provided in this section. If written plans
33to bring the center up to standards, giving specific dates
34for completion of work, are submitted to and approved by the
35department, the provisional license shall be renewable as
-497-1provided in this subsection.
2 Sec. 742. Section 237A.3A, subsection 3, paragraph a, Code
32023, is amended to read as follows:
4a. Three categories of standards shall be applicable to
5child development homes. The initial designations of the
6categories, which may be revised by the department, shall be
7“A”, “B”, and “C”, as ranked from less stringent standards and
8capacity to more stringent standards and capacity. The “C”
9registration category standards shall require the highest level
10of provider qualifications and allow the greatest capacity of
11the three categories. The department of human services, in
12consultation with the Iowa department of public health, shall
13adopt rules applying standards to each category specifying
14provider qualifications and training, health and safety
15requirements, capacity, amount of space available per child,
16and other minimum requirements. The capacity requirements
17shall take into consideration the provider’s own children,
18children who have a mild illness, children receiving part-time
19child care, and children served as a sibling group in overnight
20care.
21 Sec. 743. Section 237A.5, Code 2023, is amended to read as
22follows:
23237A.5 Personnel.
241. All personnel in licensed or registered facilities
25shall have good health as evidenced by a report following a
26preemployment physical examination taken within six months
27prior to beginning employment. The examination shall include
28communicable disease tests by a licensed physician as defined
29in section 135C.1 or a licensed physician assistant as defined
30in section 148C.1 and shall be repeated every three years after
31initial employment. Controlled medical conditions which would
32not affect the performance of the employee in the capacity
33employed shall not prohibit employment.
342. a. For the purposes of this section, unless the context
35otherwise requires:
-498- 1(1) “Person subject to a record check” means a person who is
2described by any of the following:
3(a) The person is being considered for licensure or
4registration or is registered or licensed under this chapter.
5(b) The person is being considered by a child care facility
6for employment involving direct responsibility for a child or
7with access to a child when the child is alone or is employed
8with such responsibilities.
9(c) The person will reside or resides in a child care
10facility.
11(d) The person has applied for or receives public funding
12for providing child care.
13(e) The person will reside or resides in a child care home
14that is not registered under this chapter but that receives
15public funding for providing child care.
16(2) “Person subject to an evaluation” means a person subject
17to a record check whose record indicates that the person has
18committed a transgression.
19(3) “Transgression” means the existence of any of the
20following in a person’s record:
21(a) Conviction of a crime.
22(b) A record of having committed founded child or dependent
23adult abuse.
24(c) Listing in the sex offender registry under chapter 692A.
25(d) A record of having committed a public or civil offense.
26(e) The department has revoked a child care facility
27registration or license due to the person’s continued or
28repeated failure to operate the child care facility in
29compliance with this chapter and rules adopted pursuant to this
30chapter.
31b. If an individual person subject to a record check is
32being considered for employment by a child care facility or
33child care home provider, in lieu of requesting a record check
34in this state to be conducted by the department record check
35evaluation system under paragraph “c”, the child care facility
-499-1or child care home may access the single contact repository
2established pursuant to section 135C.33 as necessary to conduct
3a criminal and child abuse record check of the individual
4in this state. A copy of the results of the record check
5conducted through the single contact repository shall also be
6provided to the department record check evaluation system.
7If the record check indicates the individual is a person
8subject to an evaluation, the child care facility or child care
9home may request that the department record check evaluation
10system perform an evaluation as provided in this subsection.
11Otherwise, the individual shall not be employed by the child
12care facility or child care home.
13c. Unless a record check has already been conducted in
14accordance with paragraph “b”, the department record check
15evaluation system shall conduct a criminal and child abuse
16record check in this state for a person who is subject to a
17record check and may conduct such a check in other states. In
18addition, the department record check evaluation system may
19conduct a dependent adult abuse, sex offender registry, or
20other public or civil offense record check in this state or in
21other states for a person who is subject to a record check.
22d. (1) For a person subject to a record check, in
23addition to any other record check conducted pursuant to this
24subsection, the person’s fingerprints shall be provided to the
25department of public safety for submission through the state
26criminal history repository to the United States department
27of justice, federal bureau of investigation for a national
28criminal history check. The department may adopt rules
29specifying criteria in the public interest for requiring the
30national criminal history check of a person to be repeated.
31(2) Except as otherwise provided by law, the cost of a
32national criminal history check conducted in accordance with
33subparagraph (1) and the state record checks conducted in
34accordance with paragraph “c” that are conducted in connection
35with a person’s involvement with a child care center are not
-500-1the responsibility of the department. The department is
2responsible for the cost of such checks conducted in connection
3with a person’s involvement with a child development home or
4child care home.
5(3) If record checks under paragraph “b” or “c” have been
6conducted on a person subject to a record check and the results
7do not warrant prohibition of the person’s involvement with
8child care or otherwise present protective concerns, the person
9may be involved with child care on a provisional basis until
10the record check under subparagraph (1) has been completed.
11(4) If a person subject to a record check refuses to consent
12to a record check or if the person makes what the person knows
13to be a false statement of material fact in connection with a
14record check, the person shall be prohibited from involvement
15with child care.
16e. (1) If a record check performed pursuant to this
17subsection identifies an individual as a person subject to
18an evaluation, an evaluation shall be performed to determine
19whether prohibition of the person’s involvement with child care
20is warranted. The evaluation shall be performed in accordance
21with procedures adopted for this purpose by the department.
22(2) Prior to performing an evaluation, the department
23 record check evaluation system shall notify the affected
24person, licensee, registrant, or child care home applying for
25or receiving public funding for providing child care, that an
26evaluation will be conducted to determine whether prohibition
27of the person’s involvement with child care is warranted.
28f. If a record check performed in accordance with paragraph
29“b” or “c” identifies that an individual is a person subject
30to an evaluation, the department record check evaluation
31system shall perform the evaluation in accordance with this
32subsection, even if the application which made the person
33subject to the record check is withdrawn or the circumstances
34which made the person subject to the record check are no longer
35applicable. If the department’s record check evaluation
-501-1system’s evaluation determines that prohibition of the person’s
2involvement with child care is warranted, the provisions of
3this subsection regarding such a prohibition shall apply.
4g. A person subject to a record check who is or was employed
5by a child care facility or child care home provider and
6is hired by another child care facility or child care home
7provider shall be subject to a record check in accordance
8with this subsection. However, if the person was subject
9to an evaluation because of a transgression in the person’s
10record and the evaluation determined that the transgression
11did not warrant prohibition of the person’s involvement
12with child care and the latest record checks do not indicate
13there is a transgression that was committed subsequent to
14that evaluation, the person may commence employment with the
15other child care facility or provider in accordance with the
16department’s evaluation and an exemption from any requirements
17for reevaluation of the latest record checks is authorized.
18Authorization of an exemption under this paragraph “g” from
19requirements for reevaluation of the latest record checks by
20the department record check evaluation system is subject to all
21of the following provisions:
22(1) The position with the subsequent employer is
23substantially the same or has the same job responsibilities as
24the position for which the previous evaluation was performed.
25(2) Any restrictions placed on the person’s employment
26in the previous evaluation by the department record check
27evaluation system shall remain applicable in the person’s
28subsequent employment.
29(3) The person subject to the record checks has maintained a
30copy of the previous evaluation and provides the evaluation to
31the subsequent employer or the previous employer provides the
32previous evaluation from the person’s personnel file pursuant
33to the person’s authorization. If a physical copy of the
34previous evaluation is not provided to the subsequent employer,
35the record checks shall be reevaluated.
-502- 1(4) Although an exemption under this paragraph “g” may
2be authorized, the subsequent employer may instead request a
3reevaluation of the record checks and may employ the person
4while the reevaluation is being performed.
5h. In an evaluation, the department record check evaluation
6system shall consider the nature and seriousness of the
7transgression in relation to the position sought or held, the
8time elapsed since the commission of the transgression, the
9circumstances under which the transgression was committed,
10the degree of rehabilitation, the likelihood that the person
11will commit the transgression again, and the number of
12transgressions committed by the person involved. In addition
13to record check information, the department record check
14evaluation system may utilize information from the department’s
15 record check evaluation system’s case records in performing the
16evaluation. The department record check evaluation system may
17permit a person who is evaluated to maintain involvement with
18child care, if the person complies with the department’s record
19check evaluation system’s conditions and corrective action plan
20relating to the person’s involvement with child care. The
21department record check evaluation system has final authority
22in determining whether prohibition of the person’s involvement
23with child care is warranted and in developing any conditional
24requirements and corrective action plan under this paragraph.
25i. (1) A person subject to an evaluation shall be
26prohibited from involvement with child care under any of the
27following circumstances:
28(a) The person has a record of founded child abuse or
29dependent adult abuse that was determined to be sexual abuse.
30(b) The person is listed or is required to be listed on
31any state sex offender registry or the national sex offender
32registry.
33(c) The person has committed any of the following
34felony-level offenses:
35(i) Child endangerment or neglect or abandonment of a
-503-1dependent person.
2(ii) Domestic abuse.
3(iii) A crime against a child including but not limited to
4sexual exploitation of a minor.
5(iv) A forcible felony.
6(v) Arson.
7(d) The person has a record of a misdemeanor conviction
8against a child that constitutes one of the following offenses:
9(i) Child abuse.
10(ii) Child endangerment.
11(iii) Sexual assault.
12(iv) Child pornography.
13(2) If, within five years prior to the date of application
14for registration or licensure under this chapter, for
15employment or residence in a child care facility or child care
16home, or for receipt of public funding for providing child
17care, a person subject to an evaluation has been convicted
18of a controlled substance offense or has been found to have
19committed physical abuse, the person shall be prohibited from
20involvement with child care for a period of five years from
21the date of conviction or founded abuse. After the five-year
22prohibition period, the person may submit an application for
23registration or licensure under this chapter, or to receive
24public funding for providing child care, or may request an
25evaluation, and the department record check evaluation system
26 shall perform an evaluation and, based upon the criteria in
27paragraph “h”, shall determine whether prohibition of the
28person’s involvement with child care continues to be warranted.
29j. If the department record check evaluation system
30 determines, through an evaluation of a person’s transgression,
31that the person’s prohibition of involvement with child care is
32warranted, the person shall be prohibited from involvement with
33child care. The department record check evaluation system may
34identify a period of time after which the person may request
35that another record check and evaluation be performed. A
-504-1person who continues involvement with child care in violation
2of this subsection is subject to penalty under section 237A.19
3or injunction under section 237A.20.
4k. If it has been determined that a child receiving child
5care from a child care facility or a child care home is the
6victim of founded child abuse committed by an employee,
7license or registration holder, child care home provider, or
8resident of the child care facility or child care home for
9which a report is placed in the central registry pursuant to
10section 232.71D, the administrator department shall provide
11notification at the time of the determination to the parents,
12guardians, and custodians of children receiving care from the
13child care facility or child care home. A notification made
14under this paragraph shall identify the type of abuse but shall
15not identify the victim or perpetrator or circumstances of the
16founded abuse.
173. On or after July 1, 1994, a A licensee or registrant
18shall inform all new applicants for employment of the
19possibility of the performance of a record check and shall
20obtain, from the applicant, a signed acknowledgment of the
21receipt of the information.
224. On or after July 1, 1994, a A licensee or registrant
23shall include the following inquiry in an application for
24employment:
25Do you have a record of founded child or dependent adult abuse
26or have you ever been convicted of a crime, in this state or any
27other state?
285. A person who serves as an unpaid volunteer in a child
29care facility shall not be required to complete training as a
30mandatory reporter of child abuse under section 232.69 or under
31any other requirement.
32 Sec. 744. Section 237A.6, Code 2023, is amended to read as
33follows:
34237A.6 Consultative services.
35The department shall, and the director of public health
-505-1may provide consultative services to a person applying for
2a license or registration, or licensed or registered by the
3administrator under this chapter.
4 Sec. 745. Section 237A.8, Code 2023, is amended to read as
5follows:
6237A.8 Violations — actions against license or registration.
7The administrator department, after notice and opportunity
8for an evidentiary hearing before the department of inspections
9and appeals, may suspend or revoke a license or certificate of
10registration issued under this chapter or may reduce a license
11to a provisional license if the person to whom a license or
12certificate is issued violates a provision of this chapter or
13if the person makes false reports regarding the operation of
14the child care facility to the administrator or a designee of
15the administrator department. The administrator department
16 shall notify the parent, guardian, or legal custodian of each
17child for whom the person provides child care at the time
18of action to suspend or revoke a license or certificate of
19registration.
20 Sec. 746. Section 237A.12, subsections 3 and 4, Code 2023,
21are amended to read as follows:
223. Rules relating to fire safety for child care centers
23shall be adopted under this chapter by the state fire marshal
24in consultation with the department. Rules adopted by the
25state fire marshal for a building which is owned or leased by a
26school district or accredited nonpublic school and used as a
27child care facility shall not differ from standards adopted by
28the state fire marshal for school buildings under chapter 100.
29Rules relating to sanitation shall be adopted by the department
30in consultation with the director of public health. All rules
31shall be developed in consultation with the state child care
32advisory committee. The state fire marshal shall inspect the
33facilities.
344. If a building is owned or leased by a school district
35or accredited nonpublic school and complies with standards
-506-1adopted by the state fire marshal for school buildings under
2chapter 100, the building is considered appropriate for use by
3a child care facility. The rules adopted by the administrator
4 department under this section shall not require the facility
5to comply with building requirements which differ from
6requirements for use of the building as a school.
7 Sec. 747. Section 237A.14, subsection 4, Code 2023, is
8amended to read as follows:
94. The department of human services shall adopt rules
10pursuant to chapter 17A in accordance with this section.
11 Sec. 748. Section 237A.23, subsection 1, Code 2023, is
12amended to read as follows:
131. The departments department and the department of
14education, public health, and human services shall jointly
15establish a leadership council for child care training and
16development in this state. In addition to representatives of
17the three departments, the leadership council shall include
18but is not limited to representatives of community colleges,
19institutions of higher learning under the state board of
20regents and private institutions of higher education, the
21Iowa cooperative extension service in agriculture and home
22economics, and child care resource and referral service
23agencies.
24 Sec. 749. Section 237A.25, subsection 1, Code 2023, is
25amended to read as follows:
261. The department shall develop consumer information
27material to assist parents in selecting a child care provider.
28In developing the material, the department shall consult with
29department of human services staff, department of education
30staff, the state child care advisory committee, the early
31childhood Iowa state board, and child care resource and
32referral services. In addition, the department may consult
33with other entities at the local, state, and national level.
34 Sec. 750. Section 237A.29, subsection 2, paragraph b,
35unnumbered paragraph 1, Code 2023, is amended to read as
-507-1follows:
2A child care provider that has been found by the department
3of inspections and appeals in an administrative proceeding
4or in a judicial proceeding to have obtained, or has agreed
5to entry of a civil judgment or judgment by confession that
6includes a conclusion of law that the child care provider has
7obtained, by fraudulent means, public funding for provision of
8child care in an amount equal to or in excess of the minimum
9amount for a fraudulent practice in the second degree under
10section 714.10, subsection 1, paragraph “a”, shall be subject
11to sanction in accordance with this subsection. Such child
12care provider shall be subject to a period during which receipt
13of public funding for provision of child care is conditioned
14upon no further violations and to one or more of the following
15sanctions as determined by the department of human services:
16 Sec. 751. Section 237A.30, subsection 1, Code 2023, is
17amended to read as follows:
181. The department shall work with the early childhood Iowa
19office in the department of management program established in
20section 256I.5 and the state child care advisory committee in
21designing and implementing a voluntary quality rating system
22for each provider type of child care facility.
23 Sec. 752. Section 237C.1, Code 2023, is amended to read as
24follows:
25237C.1 Definitions.
26As used in this chapter, unless the context otherwise
27requires:
281. “Administrator” means the administrator of that division
29of the department designated by the director of human services
30to administer this chapter or the administrator’s designee.
312. 1. “Child” or “children” means an individual or
32individuals under eighteen years of age.
333. 2. “Children’s residential facility” means a private
34facility designed to serve children who have been voluntarily
35placed for reasons other than an exclusively recreational
-508-1activity outside of their home by a parent or legal guardian
2and who are not under the custody or authority of the
3department of human services, juvenile court, or another
4governmental agency, that provides twenty-four-hour care,
5including food, lodging, supervision, education, or other care
6on a full-time basis by a person other than a relative or
7guardian of the child, but does not include an entity providing
8any of the following:
9a. Care furnished by an individual who receives the child of
10a personal friend as an occasional and personal guest in the
11individual’s home, free of charge and not as a business.
12b. Care furnished by an individual with whom a child has
13been placed for lawful adoption, unless that adoption is not
14completed within two years after placement.
15c. Child care furnished by a child care facility as defined
16in section 237A.1.
17d. Care furnished in a hospital licensed under chapter
18135B or care furnished in a health care facility as defined in
19section 135C.1.
20e. Care furnished by a juvenile detention home or juvenile
21shelter care home approved under section 232.142.
22f. Care furnished by a child foster care facility licensed
23under chapter 237.
24g. Care furnished by an institution listed in section 218.1.
25h. Care furnished by a facility licensed under chapter 125.
26i. Care furnished by a psychiatric medical institution for
27children licensed under chapter 135H.
284. 3. “Department” means the department of health and human
29services.
304. “Director” means the director of health and human
31services.
32 Sec. 753. Section 237C.3, subsection 1, Code 2023, is
33amended to read as follows:
341. The department of human services shall consult with the
35department of education, and the department of inspections
-509-1and appeals, the department of public health, the state fire
2marshal, and other agencies as determined by the department
3of human services to establish certification standards for
4children’s residential facilities in accordance with this
5chapter.
6 Sec. 754. Section 237C.4, subsection 3, Code 2023, is
7amended to read as follows:
83. Rules governing sanitation, water, and waste disposal
9standards for children’s residential facilities shall be
10adopted by the department of human services in consultation
11with the director of public health.
12 Sec. 755. Section 237C.4, subsection 7, unnumbered
13paragraph 1, Code 2023, is amended to read as follows:
14Prior to establishing, proposing, adopting, or modifying a
15standard or rule under section 237C.3, this section, or section
16282.34, the department of human services or the department of
17education, as applicable, shall, at a minimum, do all of the
18following:
19 Sec. 756. Section 237C.5, Code 2023, is amended to read as
20follows:
21237C.5 Certificate of approval — certification required.
22A person shall not operate a children’s residential facility
23without a certificate of approval to operate issued by the
24administrator department under this chapter.
25 Sec. 757. Section 237C.6, subsections 1 and 3, Code 2023,
26are amended to read as follows:
271. A person shall apply for a certificate to operate a
28children’s residential facility by completing and submitting
29to the administrator department an application in a form
30and format approved by the administrator department. The
31administrator department shall issue or reissue a certificate
32of approval if the administrator department determines that
33the applicant is or upon commencing operation will provide
34children’s residential facility services in compliance with
35this chapter. A certificate of approval is valid for up to one
-510-1year from the date of issuance for the period determined by
2the administrator department in accordance with administrative
3rules providing criteria for making the determination.
43. The administrator department may deny an application
5for issuance or reissuance of a certificate of approval or
6suspend or revoke a certificate of approval if the applicant
7or certificate holder, as applicable, fails to comply with
8this chapter or the rules adopted pursuant to this chapter or
9knowingly makes a false statement concerning a material fact or
10conceals a material fact on the application for the issuance
11or reissuance of a certificate of approval or in a report
12regarding operation of the children’s residential facility
13submitted to the administrator department. All operations of a
14children’s residential facility shall cease during a period of
15suspension or revocation. The administrator department shall
16suspend or revoke a certificate of approval of a children’s
17residential facility that fails to comply with section 282.34.
18 Sec. 758. Section 237C.8, Code 2023, is amended to read as
19follows:
20237C.8 Reports and inspections.
21The administrator department may require submission of
22reports by a certificate of approval holder and shall cause
23at least one annual unannounced inspection of a children’s
24residential facility to assess compliance with applicable
25requirements and standards. The inspections shall be conducted
26by the department of inspections and appeals in addition to
27initial, renewal, and other inspections that result from
28complaints or self-reported incidents. The department of
29inspections and appeals and the department of human services
30 may examine records of a children’s residential facility and
31may inquire into matters concerning the children’s residential
32facility and its employees, volunteers, and subcontractors
33relating to requirements and standards for children’s
34residential facilities under this chapter.
35 Sec. 759. Section 238.1, Code 2023, is amended to read as
-511-1follows:
2238.1 Definitions.
3For the purpose of this chapter unless the context otherwise
4requires:
51. “Administrator” means the administrator of the division
6of child and family services of the department of human
7services.
82. 1. “Child” means the same as defined in section 234.1.
93. 2. “Child-placing agency” or “agency” means any agency,
10whether public, semipublic, or private, which represents that
11the agency places children permanently or temporarily in
12private family homes or receives children for placement in
13private family homes, or which actually engages for gain or
14otherwise in the placement of children in private family homes.
15“Agency” includes individuals, institutions, partnerships,
16voluntary associations, and corporations, other than
17institutions under the management or control of the department.
183. “Council” means the council on health and human services.
194. “Department” means the department of health and human
20services.
215. “Director” means the director of health and human
22services.
234. “Person” or “agency” shall include individuals,
24institutions, partnerships, voluntary associations, and
25corporations, other than institutions under the management or
26control of any division or any administrator of the department
27of human services.
285. “State division” means the same as defined in section
29234.1.
30 Sec. 760. Section 238.3, Code 2023, is amended to read as
31follows:
32238.3 Authority to license.
33The administrator department may grant a license under this
34chapter for the period specified in section 238.9 for the
35conduct operation of any a child-placing agency in this state.
-512-1 Sec. 761. Section 238.4, Code 2023, is amended to read as
2follows:
3238.4 Granting of license conditional.
4No such A license shall not be issued under this chapter
5 unless the person applying shall have shown applicant shows
6 that the person applicant and the person’s applicant’s agents
7are properly equipped by training and experience to find and
8select suitable temporary or permanent homes for children and
9to supervise such the homes when in which the children are
10placed in them, to the end that safeguard the health, morality,
11and general well-being of the children placed by them shall be
12properly safeguarded.
13 Sec. 762. Section 238.5, Code 2023, is amended to read as
14follows:
15238.5 License required.
16No A person shall conduct not operate a child-placing
17agency or solicit or receive funds for its the support of a
18child-placing agency without an unrevoked license issued by the
19administrator department within the preceding twelve months
20preceding to conduct such agency.
21 Sec. 763. Section 238.6, Code 2023, is amended to read as
22follows:
23238.6 Form of license.
24The license shall state the name of the licensee and the
25particular premises in which the business agency may be carried
26on operated.
27 Sec. 764. Section 238.7, Code 2023, is amended to read as
28follows:
29238.7 Posting of license.
30Such A license shall be kept posted in a conspicuous place on
31the licensed premises.
32 Sec. 765. Section 238.8, Code 2023, is amended to read as
33follows:
34238.8 Record of license.
35A record of the licenses so issued by the department under
-513-1this chapter shall be kept maintained by the administrator
2 department.
3 Sec. 766. Section 238.10, Code 2023, is amended to read as
4follows:
5238.10 Revocation of license.
6The administrator department may, after due notice and
7hearing, revoke the license if any of the following applies:
81. In case the person to whom the same is issued The
9licensee violates any provision of this chapter.
102. When in the opinion of the administrator such the
11 agency is maintained in such a way as to waste or misuse funds
12contributed by the public or without due regard to sanitation
13or hygiene or to the health, comfort, or well-being of the
14child cared for or placed by the agency.
153. In case of violation by the The licensee or the
16licensee’s agents of violate any law of the state in a manner
17disclosing moral turpitude or unfitness to maintain such the
18 agency.
194. In case any such The agency is conducted operated by a
20person of ill repute or bad moral character.
215. In case said The agency operates in persistent violation
22of the reasonable regulations of the administrator governing
23such agencies.
24 Sec. 767. Section 238.11, Code 2023, is amended to read as
25follows:
26238.11 Written charges — findings — notice.
27Written charges against the licensee shall be served upon
28the licensee at least ten days before a hearing shall be had
29thereon on the charges and a written copy of the findings
30and decisions of the administrator upon department following
31the hearing shall be served upon the licensee in the manner
32prescribed for the service of original notice in civil actions.
33 Sec. 768. Section 238.12, Code 2023, is amended to read as
34follows:
35238.12 Appeal — judicial review.
-514- 11. Any A licensee feeling aggrieved by any a decision of
2the administrator department revoking the licensee’s license
3may appeal to the council on human services in the manner of
4form prescribed by such the council. The council shall, upon
5receipt of such an appeal, give the licensee reasonable notice
6and opportunity for a fair hearing before such the council
7or its duly authorized representative or representatives.
8Following such the hearing the council on human services shall
9take its final action and notify the licensee in writing.
102. Judicial review of the actions of the council may be
11sought in accordance with the terms of the Iowa administrative
12procedure Act, chapter 17A.
13 Sec. 769. Section 238.16, Code 2023, is amended to read as
14follows:
15238.16 Rules and regulations.
16It shall be the duty of the administrator to provide such
17 The department shall prescribe general regulations and rules
18for the conduct of all such child-placing agencies as shall be
19 necessary to effect the purposes of this chapter and of all
20other applicable laws of the state relating to children so far
21as the same are applicable, and to safeguard the well-being of
22children placed or cared for by such agencies.
23 Sec. 770. Section 238.17, Code 2023, is amended to read as
24follows:
25238.17 Forms for registration and record — preservation and
26maintenance.
271. The administrator department shall prescribe forms for
28the registration and record of persons children cared for by
29any child-placing agency licensed under this chapter and for
30reports required by said administrator the department from the
31agencies.
322. If, for any reason, a child-placing agency as defined
33by section 238.1 shall cease ceases to exist, all records of
34registration and placement and all other records of any kind
35and character kept maintained by such the child-placing agency
-515-1shall be turned over to the administrator department, for
2preservation, to be kept preserved and maintained by the said
3administrator department as a permanent record.
4 Sec. 771. Section 238.18, Code 2023, is amended to read as
5follows:
6238.18 Duty of licensee.
71. A child-placing agency licensed under this chapter shall
8keep maintain a record and make reports in the form to be
9 prescribed by the administrator department.
102. For a child being placed by the agency, the agency’s
11duties shall include compliance with the requirements of
12section 232.108 relating to visitation or ongoing interaction
13between the child and the child’s siblings.
14 Sec. 772. Section 238.19, Code 2023, is amended to read as
15follows:
16238.19 Inspection generally.
17Authorized employees of the department of inspections and
18appeals may inspect the premises and conditions of the agency
19at any time, and examine every part of the agency;, and may
20 inquire into all matters concerning the agency and the children
21in the care of the agency.
22 Sec. 773. Section 238.22, Code 2023, is amended to read as
23follows:
24238.22 Licensee to aid inspection.
25The licensees A licensee shall give provide all reasonable
26information to such inspectors authorized under this chapter
27 and afford them the inspectors every reasonable facility means
28 for obtaining pertinent information.
29 Sec. 774. Section 238.24, Code 2023, is amended to read as
30follows:
31238.24 Information confidential — exceptions.
321. Except as authorized by this section, a person who
33acquires under this chapter or from the records provided for in
34this chapter, information relative to any agency, or relative
35to any individual cared for by the agency, or relative to any
-516-1 relative of the individual, shall not directly or indirectly
2disclose the information.
32. Disclosure of information acquired under this chapter
4or from the records provided for in this chapter is authorized
5under any of the following circumstances:
6a. Disclosure made upon inquiry before a court of law,
7or before some other tribunal, or for the information of the
8governor, general assembly, medical examiners, administrator,
9Iowa department of public health director, or the local board
10of health in the jurisdiction where the agency is located.
11b. Disclosure may be made by the administrator director to
12proper persons as may be in the interest of a child cared for by
13the agency or in the interest of the child’s parents or foster
14parents and not inimical to the child, or as may be necessary
15to protect the interests of the child’s prospective foster
16parents. However, disclosure of termination and adoption
17records shall be governed by the provisions of sections 600.16
18and 600.16A.
19c. Disclosure for purposes of statistical analysis performed
20by duly authorized persons of data collected under this chapter
21or the publication of the results of such analysis in such
22manner as will not disclose confidential information.
23 Sec. 775. Section 238.31, Code 2023, is amended to read as
24follows:
25238.31 Inspection of foster homes.
26The administrator department shall be satisfied ensure that
27each licensed child-placing agency is maintaining maintains
28 proper standards in its work, and said administrator may at
29any time cause the child and home in which the child has been
30placed to be visited by the administrator’s director’s agents
31for the purpose of ascertaining whether the home is a suitable
32one for the child, and may continue to visit and inspect the
33foster home and the conditions therein in the foster home as
34they affect said the child.
35 Sec. 776. Section 238.32, Code 2023, is amended to read as
-517-1follows:
2238.32 Authority to agencies.
3Any institution incorporated under the laws of this state
4or maintained for the purpose of caring for, placing out for
5adoption, or otherwise improving the condition of unfortunate
6children may, under the conditions An agency as specified
7in this chapter and when licensed in accordance with the
8provisions of this chapter may do any of the following:
91. Receive children in need of assistance, or delinquent
10 children who are under eighteen years of age, under commitment
11from found to have committed a delinquent act by the juvenile
12court, and control and dispose of them provide for the
13disposition of the children subject to the provisions of
14chapter 232 and chapter 600A.
152. Receive, control, and dispose and provide for the
16disposition of all minor children voluntarily surrendered to
17such institutions the agency.
18 Sec. 777. Section 238.42, Code 2023, is amended to read as
19follows:
20238.42 Agreement in child placements.
21Every An agency placing a child in a foster home shall enter
22into a written agreement with the person taking the child,
23which. The agreement shall provide that the agency placing the
24child shall have access at all reasonable times to such the
25 child and to the home in which the child is living, and for the
26return of the child by the person taking may remove the child
27from the home whenever, in the opinion of the agency placing
28such child, or in the opinion of the administrator department,
29removal is in the best interests of the child shall require it.
30 Sec. 778. Section 238.45, Code 2023, is amended to read as
31follows:
32238.45 Penalty.
33Every A person who violates any of the provisions provision
34 of this chapter or who intentionally shall make makes any false
35statements or reports to the administrator with reference to
-518-1the matters contained herein department relative to a provision
2of this chapter, shall be is guilty of a fraudulent practice.
3 Sec. 779. Section 239A.2, unnumbered paragraph 1, Code
42023, is amended to read as follows:
5The department of workforce development, in consultation
6with the director of health and human services, shall establish
7a procedure for assignment of persons referred under section
8239A.1 to positions available in public works projects. The
9department of workforce development shall arrange with units of
10local government for establishment of such projects, which may
11include any type of work or endeavor that is within the scope
12of authority of the unit of local government involved so long
13as the project meets the following requirements:
14 Sec. 780. Section 239B.1, subsection 4, Code 2023, is
15amended to read as follows:
164. “Department” means the department of health and human
17services.
18 Sec. 781. Section 239B.1, Code 2023, is amended by adding
19the following new subsection:
20 NEW SUBSECTION. 4A. “Director” means the director of health
21and human services.
22 Sec. 782. Section 239B.2, subsection 6, Code 2023, is
23amended to read as follows:
246. Cooperation with child support requirements. The
25department shall provide for prompt notification of the
26department’s child support recovery unit services if assistance
27is provided to a child whose parent is absent from the home.
28An applicant or participant shall cooperate with the child
29support recovery unit services and the department as provided
30in 42 U.S.C. §608(a)(2) unless the applicant or participant
31qualifies for good cause or other exception as determined
32by the department in accordance with the best interest of
33the child, parent, or specified relative, and with standards
34prescribed by rule. The authorized good cause or other
35exceptions shall include participation in a family investment
-519-1agreement safety plan option to address or prevent family or
2domestic violence and other consideration given to the presence
3of family or domestic violence. If a specified relative with
4whom a child is residing fails to comply with these cooperation
5requirements, a sanction shall be imposed as defined by rule in
6accordance with state and federal law.
7 Sec. 783. Section 239B.8, subsection 6, Code 2023, is
8amended to read as follows:
96. Confidential information disclosure. If approved by
10the director of human services or the director’s designee
11pursuant to a written request, the department shall disclose
12confidential information described in section 217.30,
13subsection 2, to other state agencies or to any other entity
14which is not subject to the provisions of chapter 17A and is
15providing services to a participant family who is subject to
16a family investment agreement, if necessary in order for the
17participant family to receive the services. The department
18shall adopt rules establishing standards for disclosure of
19confidential information if disclosure is necessary in order
20for a participant to receive services.
21 Sec. 784. Section 239B.9, subsection 1, paragraph a, Code
222023, is amended to read as follows:
23a. If a participant responsible for signing and fulfilling
24the terms of a family investment agreement, as defined by the
25director of human services in accordance with section 239B.8,
26chooses not to sign or fulfill the terms of the agreement, the
27participant’s family, or the individual participant shall enter
28into a limited benefit plan. Initial actions in a written
29statement under section 239B.2, subsection 4, which were
30committed to by a participant during the application period
31and which commitment remains in effect, shall be considered to
32be a term of the participant’s family investment agreement.
33A limited benefit plan shall apply for the period of time
34specified in this section. The first month of the limited
35benefit plan is the first month after the month in which timely
-520-1and adequate notice of the limited benefit plan is given to the
2participant as defined by the director of human services. The
3elements of a limited benefit plan shall be specified in the
4department’s rules.
5 Sec. 785. Section 239B.9, subsection 3, paragraphs a and c,
6Code 2023, are amended to read as follows:
7a. A participant who does not establish an orientation
8appointment with the JOBS program or who fails to keep or
9reschedule an orientation appointment shall receive a reminder
10letter which informs the participant that those who do not
11attend orientation have elected to choose a limited benefit
12plan. A participant who chooses not to respond to the reminder
13letter within ten calendar days from the mailing date shall
14receive notice establishing the effective date of the limited
15benefit plan. If a participant is deemed to have chosen a
16limited benefit plan, timely and adequate notice provisions, as
17determined by the director of human services, shall apply.
18c. A participant who has signed a family investment
19agreement but then chooses a limited benefit plan under
20circumstances defined by the director of human services.
21 Sec. 786. Section 239B.12, Code 2023, is amended to read as
22follows:
23239B.12 Immunization.
241. To the extent feasible, the department shall determine
25the immunization status of children receiving assistance under
26this chapter. The status shall be determined in accordance
27with the immunization recommendations adopted by the Iowa
28department of public health under section 139A.8, including the
29exemption provisions in section 139A.8, subsection 4. If the
30department determines a child is not in compliance with the
31immunization recommendations, the department shall refer the
32child’s parent or guardian to a local public health agency for
33immunization services for the child and other members of the
34child’s family.
352. The department of human services shall cooperate with the
-521-1Iowa department of public health to establish an interagency
2agreement allowing the sharing of pertinent client data, as
3permitted under federal law and regulation, for the purposes
4of determining determine immunization rates of participants,
5evaluating evaluate family investment program efforts to
6encourage immunizations, and developing develop strategies to
7further encourage immunization of participants.
8 Sec. 787. Section 239B.16, Code 2023, is amended to read as
9follows:
10239B.16 Appeal — judicial review.
11If an applicant’s application is not acted upon within
12a reasonable time, if it is denied in whole or in part, or
13if a participant’s assistance or other benefits under this
14chapter are modified, suspended, or canceled under a provision
15of this chapter, the applicant or participant may appeal to
16the department of human services which shall request the
17department of inspections and appeals to conduct a hearing.
18Upon completion of a hearing, the department of inspections
19and appeals shall issue a decision which is subject to review
20by the department of human services. Judicial review of the
21actions of the department of human services may be sought in
22accordance with chapter 17A. Upon receipt of a notice of
23the filing of a petition for judicial review, the department
24of human services shall furnish the petitioner with a copy
25of any papers filed in support of the petitioner’s position,
26a transcript of any testimony taken, and a copy of the
27department’s decision.
28 Sec. 788. Section 239B.17, subsection 1, Code 2023, is
29amended to read as follows:
301. Program established. The promoting independence and
31self-sufficiency through employment job opportunities and basic
32skills program is established for applicants and participants
33of the family investment program. The requirements of the
34JOBS program shall vary as provided in the family investment
35agreement applicable to a family. The department of workforce
-522-1development, economic development authority, department of
2education, and all other state, county, and public educational
3agencies and institutions providing vocational rehabilitation,
4adult education, or vocational or technical training shall
5assist and cooperate in the JOBS program. The departments,
6agencies, and institutions shall make agreements and
7arrangements for maximum cooperation and use of all available
8resources in the program. The department of human services
9 may contract with the department of workforce development, the
10economic development authority, or another appropriate entity
11to provide JOBS program services.
12 Sec. 789. Section 241.1, Code 2023, is amended to read as
13follows:
14241.1 Definitions.
15As used in this chapter, unless the context otherwise
16requires:
171. “Department” means the department of health and human
18services.
192. “Director” means the director of health and human
20services.
211. 3. “Displaced homemaker” means an individual who meets
22all of the following criteria:
23a. Has worked principally in the home providing unpaid
24household services for family members.
25b. Is not gainfully employed.
26c. Has had, or would apparently have, difficulty finding
27appropriate paid employment.
28d. Has been dependent on the income of another family
29member but is no longer supported by that income, is or has
30been dependent on government assistance, or is supported as the
31parent of a child who is sixteen or seventeen years of age.
322. “Department” means the department of human services.
333. “Director” means the director of the department of human
34services.
35 Sec. 790. Section 241.3, subsection 2, Code 2023, is amended
-523-1to read as follows:
22. The department shall consult and cooperate with the
3department of workforce development, the United States
4commissioner of social security administration, the office on
5the status of women of the department of human rights, the
6department of education, and other persons in the executive
7branch of the state government as the department considers
8appropriate to facilitate the coordination of multipurpose
9service programs established under this chapter with existing
10programs of a similar nature.
11 Sec. 791. Section 249.1, Code 2023, is amended to read as
12follows:
13249.1 Definitions.
14As used in this chapter:
151. “Council” means the council on health and human services.
161. 2. “Department” means the department of health and human
17services.
182. 3. “Director” means the director of health and human
19services.
203. 4. “Federal supplemental security income” means cash
21payments made to individuals by the United States government
22under Tit.XVI of the Social Security Act as amended by Pub.L.
23No.92-603, or any other amendments thereto.
244. 5. “Previous categorical assistance programs” means the
25aid to the blind program authorized by chapter 241, the aid to
26the disabled program authorized by chapter 241A and the old-age
27assistance program authorized by chapter 249, Code 1973.
285. 6. “State supplementary assistance” means cash payments
29made to individuals:
30a. By the United States government on behalf of the state of
31Iowa pursuant to section 249.2.
32b. By the state of Iowa directly pursuant to sections 249.3
33through 249.5.
34 Sec. 792. Section 249.4, subsection 1, Code 2023, is amended
35to read as follows:
-524- 11. Applications for state supplementary assistance shall be
2made in the form and manner prescribed by the director or the
3director’s designee, with the approval of the council on human
4services, pursuant to chapter 17A. Each person who so applies
5and is found eligible under section 249.3 shall, so long as the
6person’s eligibility continues, receive state supplementary
7assistance on a monthly basis, from funds appropriated to the
8department for the purpose.
9 Sec. 793. Section 249.5, Code 2023, is amended to read as
10follows:
11249.5 Judicial review.
12If an application is not acted upon within a reasonable
13time, if it is denied in whole or in part, or if an award
14of assistance is modified, suspended, or canceled under a
15provision of this chapter, the applicant or recipient may
16appeal to the department of human services, which shall
17request the department of inspections and appeals to conduct
18a hearing. Upon completion of a hearing, the department of
19inspections and appeals shall issue a decision which is subject
20to review by the department of human services. Judicial
21review of the actions of the department of human services
22 may be sought in accordance with chapter 17A. Upon receipt
23of the petition for judicial review, the department of human
24services shall furnish the petitioner with a copy of any
25papers filed by the petitioner in support of the petitioner’s
26position, a transcript of any testimony taken, and a copy of
27the department’s decision.
28 Sec. 794. Section 249.8, Code 2023, is amended to read as
29follows:
30249.8 Cancellation of warrants.
31The director of the department of administrative services,
32as of January, April, July, and October 1 of each year, shall
33stop payment on and issue duplicates of all state supplementary
34assistance warrants which have been outstanding and unredeemed
35by the treasurer of state for six months or longer. No A bond
-525-1of indemnity shall not be required for the issuance of such
2 the duplicate warrants which shall be canceled immediately by
3the director of the department of administrative services. If
4the original warrants are subsequently presented for payment,
5warrants in lieu thereof of the original warrants shall be
6issued by the director of the department of administrative
7services at the discretion of and upon certification by the
8director of human services or the director’s designee.
9 Sec. 795. Section 249.11, subsection 2, Code 2023, is
10amended to read as follows:
112. The department of inspections and appeals shall conduct
12investigations and audits as deemed necessary to ensure
13compliance with state supplementary assistance programs
14administered under this chapter. The department of inspections
15and appeals shall cooperate with the department of human
16services on the development of procedures relating to such
17investigations and audits to ensure compliance with federal and
18state single state agency requirements.
19 Sec. 796. Section 249.12, subsections 1 and 2, Code 2023,
20are amended to read as follows:
211. In order to assure that the necessary data is available
22to aid the general assembly to determine appropriate funding
23for the custodial care program, the department of human
24services shall develop a cost-related system for financial
25supplementation to individuals who need custodial care and who
26have insufficient resources to purchase the care needed.
272. All privately operated licensed custodial facilities in
28Iowa shall cooperate with the department of human services to
29develop the cost-related plan.
30 Sec. 797. Section 249A.2, subsections 1 and 2, Code 2023,
31are amended to read as follows:
321. “Department” means the department of health and human
33services.
342. “Director” means the director of health and human
35services.
-526-1 Sec. 798. Section 249A.4, subsection 10, paragraph c,
2subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
3to read as follows:
4A nursing facility that utilizes the supplementation option
5and receives supplementation under this subsection during any
6calendar year shall report to the department of human services
7 annually, by January 15, the following information for the
8preceding calendar year:
9 Sec. 799. Section 249A.4, subsection 11, Code 2023, is
10amended to read as follows:
1111. Shall provide an opportunity for a fair hearing before
12the department of inspections and appeals to an individual
13whose claim for medical assistance under this chapter is
14denied or is not acted upon with reasonable promptness. Upon
15completion of a hearing, the department of inspections and
16appeals shall issue a decision which is subject to review by
17the department of human services. Judicial review of the
18decisions of the department of human services may be sought in
19accordance with chapter 17A. If a petition for judicial review
20is filed, the department of human services shall furnish the
21petitioner with a copy of the application and all supporting
22papers, a transcript of the testimony taken at the hearing, if
23any, and a copy of its decision.
24 Sec. 800. Section 249A.4B, Code 2023, is amended to read as
25follows:
26249A.4B Medical assistance advisory council.
271. A medical assistance advisory council is created to
28comply with 42 C.F.R. §431.12 based on section 1902(a)(4) of
29the federal Social Security Act and to advise the director
30about health and medical care services under the medical
31assistance program. The council shall meet no more than
32quarterly. The director of director’s designee responsible
33for public health or their designee and a public member of the
34council selected by the public members of the council shall
35serve as co-chairpersons of the council.
-527- 12. a. The council shall consist of the following voting
2members:
3(1) Five professional or business entity members selected
4by the entities specified pursuant to subsection 3, paragraph
5“a”.
6(2) Five public members appointed pursuant to subsection 3,
7paragraph “b”. Of the five public members, at least one member
8shall be a recipient of medical assistance.
9b. The council shall include all of the following nonvoting
10members:
11(1) The director of public health, or the director’s
12designee responsible for public health or their designee.
13(2) The director of the department on aging, or the
14director’s designee.
15(3) (2) The long-term care ombudsman, or the long-term care
16ombudsman’s designee.
17(4) (3) The dean of Des Moines university — college of
18 osteopathic medical center medicine, or the dean’s designee.
19(5) (4) The dean of the university of Iowa college of
20medicine, or the dean’s designee.
21(6) (5) A member of the hawk-i Hawki board created in
22section 514I.5, selected by the members of the hawk-i Hawki
23 board.
24(7) (6) The following members of the general assembly, each
25for a term of two years as provided in section 69.16B:
26(a) Two members of the house of representatives, one
27appointed by the speaker of the house of representatives
28and one appointed by the minority leader of the house of
29representatives from their respective parties.
30(b) Two members of the senate, one appointed by the
31president of the senate after consultation with the majority
32leader of the senate and one appointed by the minority leader
33of the senate.
343. The voting membership of the council shall be selected
35or appointed as follows:
-528- 1a. The five professional or business entity members shall
2be selected by the entities specified under this paragraph
3“a”. The five professional or business entity members selected
4shall be the president, or the president’s representative,
5of the professional or business entity, or a member of the
6professional or business entity, designated by the entity.
7(1) The Iowa medical society.
8(2) The Iowa osteopathic medical association.
9(3) The Iowa academy of family physicians.
10(4) The Iowa chapter of the American academy of pediatrics.
11(5) The Iowa physical therapy association.
12(6) The Iowa dental association.
13(7) The Iowa nurses association.
14(8) The Iowa pharmacy association.
15(9) The Iowa podiatric medical society.
16(10) The Iowa optometric association.
17(11) The Iowa association of community providers.
18(12) The Iowa psychological association.
19(13) The Iowa psychiatric society.
20(14) The Iowa chapter of the national association of social
21workers.
22(15) The coalition for family and children’s services in
23Iowa.
24(16) The Iowa hospital association.
25(17) The Iowa association of rural health clinics.
26(18) The Iowa primary care association.
27(19) Free clinics of Iowa.
28(20) The opticians’ association of Iowa, inc.
29(21) The Iowa association of hearing health professionals.
30(22) The Iowa speech and hearing association.
31(23) The Iowa health care association.
32(24) The Iowa association of area agencies on aging.
33(25) AARP.
34(26) The Iowa caregivers association.
35(27) Leading age Iowa.
-529- 1(28) The Iowa association for home care.
2(29) The Iowa council of health care centers.
3(30) The Iowa physician assistant society.
4(31) The Iowa association of nurse practitioners.
5(32) The Iowa nurse practitioner society.
6(33) The Iowa occupational therapy association.
7(34) The ARC of Iowa, formerly known as the association for
8retarded citizens of Iowa.
9(35) The national alliance on mental illness.
10(36) The Iowa state association of counties.
11(37) The Iowa developmental disabilities council.
12(38) The Iowa chiropractic society.
13(39) The Iowa academy of nutrition and dietetics.
14(40) The Iowa behavioral health association.
15(41) The midwest association for medical equipment services
16or an affiliated Iowa organization.
17b. The five public members shall be public representatives
18which may include members of consumer groups, including
19recipients of medical assistance or their families, consumer
20organizations, and others, appointed by the governor for
21staggered terms of two years each, none of whom shall be
22members of, or practitioners of, or have a pecuniary interest
23in any of the professional or business entities specifically
24represented under paragraph “a”.
254. Based upon the deliberations of the council, the council
26shall make recommendations to the director regarding the
27budget, policy, and administration of the medical assistance
28program.
295. For each council meeting, other than those held during
30the time the general assembly is in session, each legislative
31member of the council shall be reimbursed for actual travel
32and other necessary expenses and shall receive a per diem as
33specified in section 7E.6 for each day in attendance, as shall
34the members of the council who are recipients or the family
35members of recipients of medical assistance, regardless of
-530-1whether the general assembly is in session.
26. The department shall provide staff support and
3independent technical assistance to the council.
47. The director shall consider the recommendations offered
5by the council in the director’s preparation of medical
6assistance budget recommendations to the council on health and
7 human services pursuant to section 217.3 and in implementation
8of medical assistance program policies.
9 Sec. 801. Section 249A.11, Code 2023, is amended to read as
10follows:
11249A.11 Payment for patient care segregated.
12A state resource center or mental health institute, upon
13receipt of any payment made under this chapter for the care of
14any patient, shall segregate an amount equal to that portion of
15the payment which is required by law to be made from nonfederal
16funds. The money segregated shall be deposited in the medical
17assistance fund of the department of human services.
18 Sec. 802. Section 249A.12, subsection 5, paragraph b, Code
192023, is amended to read as follows:
20b. The department of human services shall seek federal
21approval to amend the home and community-based services waiver
22for persons with an intellectual disability to include day
23habilitation services. Inclusion of day habilitation services
24in the waiver shall take effect upon receipt of federal
25approval.
26 Sec. 803. Section 249A.15A, subsection 4, Code 2023, is
27amended to read as follows:
284. The department shall adopt rules pursuant to chapter 17A
29entitling alcohol and drug counselors who are certified by the
30nongovernmental Iowa board of substance abuse certification to
31payment for behavioral health services provided to recipients
32of medical assistance, subject to limitations and exclusions
33the department finds necessary on the basis of federal laws and
34regulations.
35 Sec. 804. Section 249A.21, subsection 9, Code 2023, is
-531-1amended to read as follows:
29. The department of human services may procure a sole
3source contract to implement the provisions of this section.
4 Sec. 805. Section 249A.24, subsection 2, unnumbered
5paragraph 1, Code 2023, is amended to read as follows:
6In addition to any other duties prescribed, the commission
7shall make recommendations to the council on health and human
8services regarding strategies to reduce state expenditures
9for prescription drugs under the medical assistance program
10excluding provider reimbursement rates. The commission shall
11make initial recommendations to the council by October 1, 2002.
12 Following approval of any recommendation by the council on
13health and human services, the department shall include the
14approved recommendation in a notice of intended action under
15chapter 17A and shall comply with chapter 17A in adopting
16any rules to implement the recommendation. The department
17shall seek any federal waiver necessary to implement any
18approved recommendation. The strategies to be considered for
19recommendation by the commission shall include at a minimum all
20of the following:
21 Sec. 806. Section 249A.26, subsection 2, paragraph a, Code
222023, is amended to read as follows:
23a. Except as provided for disallowed costs in section
24249A.27, the state shall pay one hundred percent of the
25nonfederal share of the cost of case management provided to
26adults, day treatment, and partial hospitalization provided
27under the medical assistance program for persons with an
28intellectual disability, a developmental disability, or
29chronic mental illness. For purposes of this section, persons
30with mental disorders resulting from Alzheimer’s disease
31or a substance-related substance use disorder shall not be
32considered to be persons with chronic mental illness.
33 Sec. 807. Section 249A.29, Code 2023, is amended to read as
34follows:
35249A.29 Home and community-based services waiver providers
-532-1— records checks.
21. For purposes of this section and section 249A.30 unless
3the context otherwise requires:
4a. “Consumer” means an individual approved by the department
5to receive services under a waiver.
6b. “Provider” means an agency certified by the department to
7provide services under a waiver.
8c. “Waiver” means a home and community-based services waiver
9approved by the federal government and implemented under the
10medical assistance program.
112. If a person is being considered by a provider for
12employment involving direct responsibility for a consumer or
13with access to a consumer when the consumer is alone, and
14if the person has been convicted of a crime or has a record
15of founded child or dependent adult abuse, the record check
16evaluation system of the department shall perform an evaluation
17to determine whether the crime or founded abuse warrants
18prohibition of employment by the provider. The department
19 record check evaluation system shall conduct criminal and child
20and dependent adult abuse records checks of the person in
21this state and may conduct these checks in other states. The
22records checks and evaluations required by this section shall
23be performed in accordance with procedures adopted for this
24purpose by the department.
253. If the department record check evaluation system
26 determines that a person employed by a provider has committed
27a crime or has a record of founded abuse, the department
28 record check evaluation system shall perform an evaluation to
29determine whether prohibition of the person’s employment is
30warranted.
314. In an evaluation, the department record check evaluation
32system shall consider the nature and seriousness of the crime
33or founded abuse in relation to the position sought or held,
34the time elapsed since the commission of the crime or founded
35abuse, the circumstances under which the crime or founded abuse
-533-1was committed, the degree of rehabilitation, the likelihood
2that the person will commit the crime or founded abuse again,
3and the number of crimes or founded abuses committed by the
4person involved. The department record check evaluation
5system may permit a person who is evaluated to be employed
6or to continue to be employed by the provider if the person
7complies with the department’s record check evaluation system’s
8 conditions relating to the employment, which may include
9completion of additional training.
105. If the department record check evaluation system
11 determines that the person has committed a crime or has
12a record of founded abuse which warrants prohibition of
13employment, the person shall not be employed by a provider.
14 Sec. 808. Section 249A.32B, Code 2023, is amended to read
15as follows:
16249A.32B Early and periodic screening, diagnosis, and
17treatment funding.
18The department of human services, in consultation with
19the Iowa department of public health and the department of
20education, shall continue the program to utilize the early and
21periodic screening, diagnosis, and treatment program funding
22under the medical assistance program, to the extent possible,
23to implement the screening component of the early and periodic
24screening, diagnosis, and treatment program through the
25schools. The department may enter into contracts to utilize
26maternal and child health centers, the public health nursing
27program, or school nurses in implementing this section.
28 Sec. 809. Section 249A.33, subsection 1, Code 2023, is
29amended to read as follows:
301. A pharmaceutical settlement account is created in
31the state treasury under the authority of the department of
32human services. Moneys received from settlements relating
33to provision of pharmaceuticals under the medical assistance
34program shall be deposited in the account.
35 Sec. 810. Section 249A.37, subsection 1, paragraph a, Code
-534-12023, is amended to read as follows:
2a. Provide, with respect to individuals who are eligible
3for or are provided medical assistance under the state’s
4medical assistance state plan, upon the request of the state,
5information to determine during what period the individual or
6the individual’s spouse or dependents may be or may have been
7covered by a health insurer and the nature of the coverage that
8is or was provided by the health insurer, including the name,
9address, and identifying number of the plan, in accordance
10with section 505.25, in a manner prescribed by the department
11of human services or as agreed upon by the department and the
12entity specified in this section.
13 Sec. 811. Section 249A.37, subsection 2, Code 2023, is
14amended to read as follows:
152. The department of human services may adopt rules pursuant
16to chapter 17A as necessary to implement this section. Rules
17governing the exchange of information under this section shall
18be consistent with all laws, regulations, and rules relating
19to the confidentiality or privacy of personal information or
20medical records, including but not limited to the federal
21Health Insurance Portability and Accountability Act of 1996,
22Pub.L. No.104-191, and regulations promulgated in accordance
23with that Act and published in 45 C.F.R. pts.160 – 164.
24 Sec. 812. Section 249A.48, Code 2023, is amended to read as
25follows:
26249A.48 Temporary moratoria.
271. The Iowa Medicaid enterprise program shall impose a
28temporary moratorium on the enrollment of new providers or
29provider types identified by the centers for Medicare and
30Medicaid services of the United States department of health
31and human services as posing an increased risk to the medical
32assistance Medicaid program.
33a. This section shall not be interpreted to require the
34Iowa Medicaid enterprise program to impose a moratorium if the
35Iowa Medicaid enterprise program determines that imposition
-535-1of a temporary moratorium would adversely affect access of
2recipients to medical assistance services.
3b. If the Iowa Medicaid enterprise program makes a
4determination as specified in paragraph “a”, the Iowa Medicaid
5enterprise program shall notify the centers for Medicare and
6Medicaid services of the United States department of health and
7human services in writing.
82. The Iowa Medicaid enterprise program may impose a
9temporary moratorium on the enrollment of new providers, or
10impose numerical caps or other limits that the Iowa Medicaid
11enterprise program and the centers for Medicare and Medicaid
12services identify as having a significant potential for fraud,
13waste, or abuse.
14a. Before implementing the moratorium, caps, or other
15limits, the Iowa Medicaid enterprise program shall determine
16that its action would not adversely impact access by recipients
17to medical assistance Medicaid services.
18b. The Iowa Medicaid enterprise program shall notify, in
19writing, the centers for Medicare and Medicaid services, if the
20Iowa Medicaid enterprise program seeks to impose a moratorium
21under this subsection, including all of the details of the
22moratorium. The Iowa Medicaid enterprise program shall receive
23approval from the centers for Medicare and Medicaid services
24prior to imposing a moratorium under this subsection.
253. a. The Iowa Medicaid enterprise program shall impose any
26moratorium for an initial period of six months.
27b. If the Iowa Medicaid enterprise program determines that
28it is necessary, the Iowa Medicaid enterprise program may
29extend the moratorium in six-month increments. Each time a
30moratorium is extended, the Iowa Medicaid enterprise program
31 shall document, in writing, the necessity for extending the
32moratorium.
33 Sec. 813. Section 249A.50, subsection 2, Code 2023, is
34amended to read as follows:
352. The department of inspections and appeals shall conduct
-536-1investigations and audits as deemed necessary to ensure
2compliance with the medical assistance program administered
3under this chapter. The department of inspections and appeals
4shall cooperate with the department of human services on the
5development of procedures relating to such investigations and
6audits to ensure compliance with federal and state single state
7agency requirements.
8 Sec. 814. Section 249B.1, subsection 4, Code 2023, is
9amended to read as follows:
104. “Department” means the department of health and human
11services.
12 Sec. 815. Section 249F.1, Code 2023, is amended to read as
13follows:
14249F.1 Definitions.
15As used in this chapter, unless the context otherwise
16requires:
171. “Department” means the department of health and human
18services.
191. 2. “Medical assistance” means “mandatory medical
20assistance”, “optional medical assistance”, “discretionary
21medical assistance”, or “Medicare cost sharing” as each is
22defined in section 249A.2 which is provided to an individual
23pursuant to chapter 249A and Tit.XIX of the federal Social
24Security Act.
252. 3. a. “Transfer of assets” means any transfer or
26assignment of a legal or equitable interest in property, as
27defined in section 702.14, from a transferor to a transferee
28for less than fair consideration, made while the transferor
29is receiving medical assistance or within five years prior to
30application for medical assistance by the transferor. Any
31such transfer or assignment is presumed to be made with the
32intent, on the part of the transferee; transferor; or another
33person acting on behalf of a transferor who is an actual or
34implied agent, guardian, attorney-in-fact, or person acting as
35a fiduciary, of enabling the transferor to obtain or maintain
-537-1eligibility for medical assistance or of impacting the recovery
2or payment of a medical assistance debt. This presumption
3is rebuttable only by clear and convincing evidence that
4the transferor’s eligibility or potential eligibility for
5medical assistance or the impact on the recovery or payment
6of a medical assistance debt was no part of the reason of
7the transferee; transferor; or other person acting on behalf
8of a transferor who is an actual or implied agent, guardian,
9attorney-in-fact, or person acting as a fiduciary for making
10or accepting the transfer or assignment. A transfer of assets
11includes a transfer of an interest in the transferor’s home,
12domicile, or land appertaining to such home or domicile
13while the transferor is receiving medical assistance, unless
14otherwise exempt under paragraph “b”.
15b. However, transfer of assets does not include the
16following:
17(1) Transfers to or for the sole benefit of the
18transferor’s spouse, including a transfer to a spouse by an
19institutionalized spouse pursuant to section 1924(f)(1) of the
20federal Social Security Act.
21(2) Transfers to or for the sole benefit of the transferor’s
22child who is blind or has a disability as defined in section
231614 of the federal Social Security Act.
24(3) Transfer of a dwelling, which serves as the transferor’s
25home as defined in 20 C.F.R. §416.1212, to a child of the
26transferor under twenty-one years of age.
27(4) Transfer of a dwelling, which serves as the transferor’s
28home as defined in 20 C.F.R. §416.1212, after the transferor is
29institutionalized, to either of the following:
30(a) A sibling of the transferor who has an equity interest
31in the dwelling and who was residing in the dwelling for a
32period of at least one year immediately prior to the date the
33transferor became institutionalized.
34(b) A child of the transferor who was residing in the
35dwelling for a period of at least two years immediately prior
-538-1to the date the transferor became institutionalized and who
2provided care to the transferor which permitted the transferor
3to reside at the dwelling rather than in an institution or
4facility.
5(5) Transfers of less than two thousand dollars. However,
6all transfers by the same transferor during the five-year
7period prior to application for medical assistance by the
8transferor shall be aggregated. If a transferor transfers
9property to more than one transferee during the five-year
10period prior to application for medical assistance by the
11transferor, the two thousand dollar exemption shall be divided
12equally between the transferees.
13(6) Transfers of assets that would, at the time of the
14transferor’s application for medical assistance, have been
15exempt from consideration as a resource if retained by the
16transferor, pursuant to 42 U.S.C. §1382b(a), as implemented
17by regulations adopted by the secretary of the United States
18department of health and human services, excluding the home and
19land appertaining to the home.
20(7) Transfers to a trust established solely for the benefit
21of the transferor’s child who is blind or permanently and
22totally disabled as defined in the federal Social Security Act,
23section 1614, as codified in 42 U.S.C. §1382c.
24(8) Transfers to a trust established solely for the benefit
25of an individual under sixty-five years of age who is disabled,
26as defined in the federal Social Security Act, section 1614, as
27codified in 42 U.S.C. §1382c.
283. 4. “Transferee” means the person who receives a transfer
29of assets.
304. 5. “Transferor” means the person who makes a transfer
31of assets.
32 Sec. 816. Section 249F.2, Code 2023, is amended to read as
33follows:
34249F.2 Creation of debt.
35A transfer of assets creates a debt due and owing to the
-539-1department of human services from the transferee in an amount
2equal to medical assistance provided to or on behalf of the
3transferor, on or after the date of the transfer of assets, but
4not exceeding the fair market value of the assets at the time
5of the transfer.
6 Sec. 817. Section 249F.3, Code 2023, is amended to read as
7follows:
8249F.3 Notice of debt — failure to respond — hearing —
9order.
101. The department of human services may issue a notice
11establishing and demanding payment of an accrued or accruing
12debt due and owing to the department of human services as
13provided in section 249F.2. The notice shall be sent by
14restricted certified mail as defined in section 618.15, to
15the transferee at the transferee’s last known address. If
16service of the notice is unable to be completed by restricted
17certified mail, the notice shall be served upon the transferee
18in accordance with the rules of civil procedure. The notice
19shall include all of the following:
20a. The amount of medical assistance provided to the
21transferor to date which creates the debt.
22b. A computation of the debt due and owing.
23c. A demand for immediate payment of the debt.
24d. (1) A statement that if the transferee desires to
25discuss the notice, the transferee, within ten days after
26being served, may contact the department of human services and
27request an informal conference.
28(2) A statement that if a conference is requested, the
29transferee has until ten days after the date set for the
30conference or until twenty days after the date of service of
31the original notice, whichever is later, to send a request for
32a hearing to the department of human services.
33(3) A statement that after the holding of the conference,
34the department of human services may issue a new notice to
35be sent to the transferee by first-class mail addressed to
-540-1the transferee at the transferee’s last known address, or if
2applicable, to the transferee’s attorney at the last known
3address of the transferee’s attorney.
4(4) A statement that if the department of human services
5 issues a new notice, the transferee has until ten days after
6the date of mailing of the new notice or until twenty days
7after the date of service of the original notice, whichever is
8later, to send a request for a hearing to the department of
9human services.
10e. A statement that if the transferee objects to all or any
11part of the original notice and no conference is requested, the
12transferee has until twenty days after the date of service of
13the original notice to send a written response setting forth
14any objections and requesting a hearing to the department of
15human services.
16f. A statement that if a timely written request for a
17hearing is received by the department of human services, the
18transferee has the right to a hearing to be held in district
19court as provided in section 249F.4; and that if no timely
20written request for hearing is received, the department of
21human services will enter an order in accordance with the
22latest notice.
23g. A statement that as soon as the order is entered, the
24property of the transferee is subject to collection action,
25including but not limited to wage withholding, garnishment,
26attachment of a lien, or execution.
27h. A statement that the transferee must notify the
28department of human services of any change of address or
29employment.
30i. A statement that if the transferee has any questions
31concerning the transfer of assets, the transferee should
32contact the department of human services or consult an
33attorney.
34j. Other information as the department of human services
35 finds appropriate.
-541- 12. If a timely written request for hearing is received by
2the department of human services, a hearing shall be held in
3district court.
43. If a timely written request for hearing is not received
5by the department of human services, the department may enter
6an order in accordance with the latest notice, and the order
7shall specify all of the following:
8a. The amount to be paid with directions as to the manner
9of payment.
10b. The amount of the debt accrued and accruing in favor of
11the department of human services.
12c. Notice that the property of the transferee is subject
13to collection action, including but not limited to wage
14withholding, garnishment, attachment of a lien, and execution.
154. The transferee shall be sent a copy of the order
16by first-class mail addressed to the transferee at the
17transferee’s last known address, or if applicable, to the
18transferee’s attorney at the last known address of the
19transferee’s attorney. The order is final, and action by the
20department of human services to enforce and collect upon the
21order may be taken from the date of the issuance of the order.
22 Sec. 818. Section 249F.4, subsections 1 and 3, Code 2023,
23are amended to read as follows:
241. If a timely written request for a hearing is received,
25the department of human services shall certify the matter to
26the district court in the county where the transferee resides.
273. The department of human services may also request a
28hearing on its own motion regarding the determination of a
29debt, at any time prior to entry of an administrative order.
30 Sec. 819. Section 249F.5, subsections 1 and 2, Code 2023,
31are amended to read as follows:
321. A true copy of an order entered by the department of
33human services pursuant to this chapter, along with a true
34copy of the return of service, if applicable, may be filed in
35the office of the clerk of the district court in the county
-542-1in which the transferee resides or, if the transferee resides
2in another state, in the office of the district court in the
3county in which the transferor resides.
42. The department of human services order shall be
5presented, ex parte, to the district court for review and
6approval. Unless defects appear on the face of the order or on
7the attachments, the district court shall approve the order.
8The approved order shall have all force, effect, and attributes
9of a docketed order or decree of the district court.
10 Sec. 820. Section 249F.7, Code 2023, is amended to read as
11follows:
12249F.7 Administration.
13As provided in this chapter, the establishment of a debt
14for medical assistance due to transfer of assets shall
15be administered by the department of human services. All
16administrative discretion in the administration of this chapter
17shall be exercised by the department of human services, and any
18state administrative rules implementing or interpreting this
19chapter shall be adopted by the department of human services.
20 Sec. 821. Section 249K.2, Code 2023, is amended to read as
21follows:
22249K.2 Definitions.
23As used in this chapter, unless the context otherwise
24requires:
251. “Complete replacement” means completed construction on
26a new nursing facility to replace an existing licensed and
27certified facility. The replacement facility shall be located
28in the same geographical service area as the facility that is
29replaced and shall have the same number or fewer licensed beds
30than the original facility.
312. “Department” means the department of health and human
32services.
333. “Iowa Medicaid enterprise” means Iowa Medicaid enterprise
34as defined in section 135D.2.
354. 3. “Major renovations” means construction or facility
-543-1improvements to a nursing facility in which the total amount
2expended exceeds seven hundred fifty thousand dollars.
35. 4. “Medical assistance”, or “medical assistance program”,
4or “Medicaid program” means the medical assistance program
5created pursuant to chapter 249A.
66. 5. “New construction” means the construction of a new
7nursing facility which does not replace an existing licensed
8and certified facility and requires the provider to obtain a
9certificate of need pursuant to chapter 135, subchapter VI.
107. 6. “Nondirect care component” means the portion of
11the reimbursement rate under the medical assistance program
12attributable to administrative, environmental, property, and
13support care costs reported on the provider’s financial and
14statistical report.
158. 7. “Nursing facility” means a nursing facility as
16defined in section 135C.1.
179. 8. “Provider” means a current or future owner or
18operator of a nursing facility that provides medical assistance
19program services.
2010. 9. “Rate determination letter” means the letter that
21is distributed quarterly by the Iowa Medicaid enterprise
22 program to each nursing facility, which is based on previously
23submitted financial and statistical reports from each nursing
24facility.
25 Sec. 822. Section 249K.3, subsection 2, paragraphs a and e,
26Code 2023, are amended to read as follows:
27a. The provider shall submit a written request for instant
28relief to the Iowa Medicaid enterprise program explaining the
29nature, timing, and goals of the project and the time period
30during which the relief is requested. The written request
31shall clearly state if the provider is also requesting the
32nondirect care limit exception. The written request for
33instant relief shall be submitted no earlier than thirty days
34prior to the placement of the provider’s assets in service.
35The written request for relief shall provide adequate details
-544-1to calculate the estimated value of relief including but not
2limited to the total cost of the project, the estimated annual
3depreciation expenses using generally accepted accounting
4principles, the estimated useful life based upon existing
5medical assistance and Medicare provisions, and a copy of the
6most current depreciation schedule. If interest expenses are
7included, a copy of the general terms of the debt service and
8the estimated annual amount of the interest expenses shall be
9submitted with the written request for relief.
10e. During the period in which instant relief is granted, the
11Iowa Medicaid enterprise program shall recalculate the value of
12the instant relief based on allowable costs and patient days
13reported on the annual financial and statistical report. For
14purposes of calculating the per diem relief, total patient
15days shall be the greater of actual annual patient days or
16eighty-five percent of the facility’s licensed capacity. The
17actual value of relief shall be added to the nondirect care
18component for the relevant period, not to exceed one hundred
19ten percent of the nondirect care median for the relevant
20period or not to exceed one hundred twenty percent of the
21nondirect care median for the relevant period if the nondirect
22care limit exception is requested and granted. The provider’s
23quarterly rates for the relevant period shall be retroactively
24adjusted to reflect the revised nondirect care rate. All
25claims with dates of service from the date that instant relief
26is granted to the date that the instant relief is terminated
27shall be repriced to reflect the actual value of the instant
28relief per diem utilizing a mass adjustment.
29 Sec. 823. Section 249K.5, subsections 1 and 3, Code 2023,
30are amended to read as follows:
311. The Iowa Medicaid enterprise program shall administer
32this chapter. The department of human services shall adopt
33rules, pursuant to chapter 17A, to administer this chapter.
343. In addition to any other factors to be considered in
35determining if a provider is eligible to participate under this
-545-1chapter, the Iowa Medicaid enterprise program shall consider
2all of the following:
3a. The history of the provider’s regulatory compliance.
4b. The historical access to nursing facility services for
5medical assistance program beneficiaries.
6c. The provider’s dedication to and participation in quality
7of care, considering all quality programs in which the provider
8has participated.
9d. The provider’s plans to facilitate person-directed care.
10e. The provider’s plans to facilitate dementia units and
11specialty post-acute services.
12 Sec. 824. Section 249L.2, subsection 1, Code 2023, is
13amended to read as follows:
141. “Department” means the department of health and human
15services.
16 Sec. 825. Section 249M.2, subsection 2, Code 2023, is
17amended to read as follows:
182. “Department” means the department of health and human
19services.
20 Sec. 826. Section 249M.4, subsection 5, paragraph b,
21subparagraph (2), Code 2023, is amended to read as follows:
22(2) The projected expenditures for participating hospitals
23for the fiscal year beginning July 1, 2010, as determined by
24the fiscal management division of the department, plus the
25amount calculated under subparagraph (1).
26 Sec. 827. Section 249N.2, subsections 4, 5, and 14, Code
272023, are amended to read as follows:
284. “Department” means the department of health and human
29services.
305. “Director” means the director of health and human
31services.
3214. “Medical assistance program”, “Medicaid program”, or
33“Medicaid” means the program paying all or part of the costs of
34care and services provided to an individual pursuant to chapter
35249A and Tit.XIX of the federal Social Security Act.
-546-1 Sec. 828. Section 249N.5, subsection 2, paragraph a, Code
22023, is amended to read as follows:
3a. For members whose household income is at or below one
4hundred percent of the federal poverty level, the plan shall be
5administered by the Iowa Medicaid enterprise program consistent
6with program administration applicable to individuals under
7section 249A.3, subsection 1.
8 Sec. 829. Section 251.1, Code 2023, is amended to read as
9follows:
10251.1 Definitions.
11As used in this chapter:
121. “Administrator” means the administrator of the division
13of adult, children, and family services of the department of
14human services.
152. 1. “Division” or “state division” “Department” means
16the division of adult, children, and family services of the
17 department of health and human services.
182. “Director” means the director of health and human
19services.
20 Sec. 830. Section 251.2, Code 2023, is amended to read as
21follows:
22251.2 Administration of emergency relief.
23The state division department, in addition to all other
24powers and duties given it the department by law, shall be is
25 charged with the supervision and administration of all funds
26coming into the hands of received by the state now or hereafter
27provided for emergency relief.
28 Sec. 831. Section 251.3, Code 2023, is amended to read as
29follows:
30251.3 Powers and duties.
31The administrator director shall have the power to do all of
32the following:
331. Appoint such personnel as may be necessary for the
34efficient discharge of the duties imposed upon on the
35administrator in the administration of emergency relief,
-547-1 director and to make such rules and regulations as the
2administrator deems necessary or advisable covering relating
3to the administrator’s director’s activities and those of the
4service area advisory boards created under section 217.43,
5concerning emergency relief.
62. Join and cooperate with the government of the
7United States, or any of its appropriate agencies or
8instrumentalities, in any proper emergency relief activity.
93. Make such reports of budget estimates to the governor
10and to the general assembly as are required by law, or are
11 as necessary and proper to obtain appropriations of funds
12necessary for emergency relief purposes and for all the
13purposes of this chapter.
144. Determine the need for funds in the various counties of
15the state basing such determination upon the amount of money
16needed in the various counties to provide adequate emergency
17 relief, and upon the counties’ financial inability to provide
18such relief from county funds. The administrator director may
19administer said state funds belonging to the state within the
20various counties of the state to supplement local funds as
21needed.
225. Make such reports, obtain and furnish such information
23from time to time as may be required by the governor, by the
24general assembly, or by any other proper appropriate state or
25federal office or agency, state or federal, and make an annual
26report of its the department’s emergency relief activities.
27 Sec. 832. Section 251.4, Code 2023, is amended to read as
28follows:
29251.4 Grants from state funds to counties.
30The state division department may require as a condition
31of making available state assistance available to counties
32for emergency relief purposes, that the county boards of
33supervisors shall establish budgets as needed in respect to the
34relief situation in the counties.
35 Sec. 833. Section 251.5, Code 2023, is amended to read as
-548-1follows:
2251.5 Duties of the service area advisory board.
3A service area The advisory board created in section 217.43
4shall perform the following activities for any county in
5the board’s service area counties represented on the board
6 concerning emergency relief:
71. Cooperate with a county’s board of supervisors in all
8matters pertaining to administration of relief.
92. At the request of a county’s board of supervisors,
10prepare requests for grants of state funds.
113. At the request of a county’s board of supervisors,
12administer county relief funds.
134. In a county receiving grants of state funds upon approval
14of the director of the department of administrative services
15and the county’s board of supervisors, administer both state
16and county relief funds.
175. Perform other duties as may be prescribed by the
18administrator department and a county’s board of supervisors.
19 Sec. 834. Section 251.6, Code 2023, is amended to read as
20follows:
21251.6 County supervisors to determine emergency relief and
22work projects.
23The county board of supervisors shall supervise
24administration of emergency relief, and shall determine the
25minimum amount of relief required for each person or family,
26which persons are employable, and whether and under what
27conditions persons receiving emergency relief may be employed
28by the county.
29 Sec. 835. Section 251.7, Code 2023, is amended to read as
30follows:
31251.7 County appointees to act as executive officers.
32The county board of supervisors may appoint an individual a
33person to serve as the executive officer of the service area
34 advisory board in all matters pertaining to relief for that
35county.
-549-1 Sec. 836. Section 252.26, Code 2023, is amended to read as
2follows:
3252.26 General assistance director.
4The board of supervisors in each county shall appoint or
5designate a general assistance director for the county, who
6shall have the powers and duties conferred by this chapter.
7In counties of one hundred thousand or less population, the
8county board may designate as general assistance director an
9employee of the state department of health and human services
10who is assigned to work in that county and is directed by the
11director of health and human services, pursuant to an agreement
12with the county board, to exercise the functions and duties
13of general assistance director in that county. The general
14assistance director shall receive as compensation an amount to
15be determined by the county board.
16 Sec. 837. Section 252.33, Code 2023, is amended to read as
17follows:
18252.33 Application for assistance.
19A person may make application for assistance to a member
20of the board of supervisors, or to the general assistance
21director of the county where the person is. If application
22is made to the general assistance director and that officer
23is satisfied that the applicant is in a state of want which
24requires assistance at the public expense, the general
25assistance director may afford temporary assistance, subject to
26the approval of the board of supervisors, as the necessities
27of the person require and shall immediately report the case to
28the board of supervisors, who may continue or deny assistance,
29as they find cause.
30 Sec. 838. Section 252.37, Code 2023, is amended to read as
31follows:
32252.37 Appeal to supervisors.
33If a poor person, on application to the general assistance
34director, is refused the required assistance, the applicant
35may appeal to the board of supervisors, who, upon examination
-550-1into the matter, may order the general assistance director to
2provide assistance, or who may direct specific assistance.
3 Sec. 839. Section 252A.2, subsections 7 and 8, Code 2023,
4are amended to read as follows:
57. “Petitioner” includes each dependent person for whom
6support is sought in a proceeding instituted pursuant to
7this chapter or a mother or putative father of a dependent.
8However, in an action brought by the child support recovery
9unit services, the state is the petitioner.
108. “Petitioner’s representative” includes counsel of a
11dependent person for whom support is sought and counsel for a
12mother or putative father of a dependent. In an action brought
13by the child support recovery unit services, “petitioner’s
14representative” includes a county attorney, state’s attorney
15and any other public officer, by whatever title the officer’s
16public office may be known, charged by law with the duty of
17instituting, maintaining, or prosecuting a proceeding under
18this chapter or under the laws of the state.
19 Sec. 840. Section 252A.3A, subsections 3, 4, 7, 10, 12, and
2013, Code 2023, are amended to read as follows:
213. a. Prior to or at the time of completion of an affidavit
22of paternity, written and oral information about paternity
23establishment, developed by the child support recovery unit
24 services created in section 252B.2, shall be provided to the
25mother and putative father. Video or audio equipment may be
26used to provide oral information.
27b. The information provided shall include a description
28of parental rights and responsibilities, including the duty
29to provide financial support for the child, the benefits of
30establishing paternity, and the alternatives to and legal
31consequences of signing an affidavit of paternity, including
32the rights available if a parent is a minor.
33c. Copies of the written information shall be made
34available by the child support recovery unit services or the
35Iowa department of public health and human services to those
-551-1entities where an affidavit of paternity may be obtained as
2provided under subsection 4.
34. a. The affidavit of paternity form developed and used by
4the Iowa department of public health and human services is the
5only affidavit of paternity form recognized for the purpose of
6establishing paternity under this section. It shall include
7the minimum requirements specified by the secretary of the
8United States department of health and human services pursuant
9to 42 U.S.C. §652(a)(7). A properly completed affidavit of
10paternity form developed by the Iowa department of public
11 health and human services and existing on or after July 1,
121993, but which is superseded by a later affidavit of paternity
13form developed by the Iowa department of public health and
14human services, shall have the same legal effect as a paternity
15affidavit form used by the Iowa department of public health and
16human services on or after July 1, 1997, regardless of the date
17of the filing and registration of the affidavit of paternity,
18unless otherwise required under federal law.
19b. The form shall be available from the state registrar,
20each county registrar, the child support recovery unit
21 services, and any institution in the state.
22c. The Iowa department of public health and human services
23 shall make copies of the form available to the entities
24identified in paragraph “b” for distribution.
257. The state registrar shall make copies of affidavits
26of paternity and identifying information from the affidavits
27filed and registered pursuant to this section available to the
28 child support recovery unit services created under section
29252B.2 in accordance with section 144.13, subsection 4, and any
30subsequent rescission form which rescinds the affidavit.
3110. a. An institution may be reimbursed by the child
32support recovery unit services created in section 252B.2 for
33providing the services described under subsection 9, or may
34provide the services at no cost.
35b. An institution electing reimbursement shall enter into a
-552-1written agreement with the child support recovery unit services
2 for this purpose.
3c. An institution entering into an agreement for
4reimbursement shall assist the parents of a child born out of
5wedlock in completing and filing an affidavit of paternity.
6d. Reimbursement shall be based only on the number of
7affidavits completed in compliance with this section and
8submitted to the state registrar during the duration of
9the written agreement with the child support recovery unit
10 services.
11e. The reimbursement rate is twenty dollars for each
12completed affidavit filed with the state registrar.
1312. a. A completed affidavit of paternity may be rescinded
14by registration by the state registrar of a completed and
15notarized rescission form signed by either the mother or
16putative father who signed the affidavit of paternity that the
17putative father is not the father of the child. The completed
18and notarized rescission form shall be filed with the state
19registrar for the purpose of registration prior to the earlier
20of the following:
21(1) Sixty days after the latest notarized signature of the
22mother or putative father on the affidavit of paternity.
23(2) Entry of a court order pursuant to a proceeding in this
24state to which the signatory is a party relating to the child,
25including a proceeding to establish a support order under this
26chapter, chapter 252C, 252F, 598, or 600B or other law of this
27state.
28b. Unless the state registrar has received and registered an
29order as provided in section 252A.3, subsection 10, paragraph
30“a”, which legally establishes paternity, upon registration
31of a timely rescission form the state registrar shall remove
32the father’s information from the certificate of birth, and
33shall send a written notice of the rescission to the last known
34address of the signatory of the affidavit of paternity who did
35not sign the rescission form.
-553- 1c. The Iowa department of public health and human services
2 shall develop a rescission form and an administrative process
3for rescission. The form shall be the only rescission form
4recognized for the purpose of rescinding a completed affidavit
5of paternity. A completed rescission form shall include the
6signature of a notary public attesting to the identity of
7the party signing the rescission form. The Iowa department
8of public health and human services shall adopt rules which
9establish a fee, based upon the average administrative cost, to
10be collected for the registration of a rescission.
11d. If an affidavit of paternity has been rescinded under
12this subsection, the state registrar shall not register any
13subsequent affidavit of paternity signed by the same mother and
14putative father relating to the same child.
1513. The child Child support recovery unit services may
16enter into a written agreement with an entity designated by the
17secretary of the United States department of health and human
18services to offer voluntary paternity establishment services.
19a. The agreement shall comply with federal requirements
20pursuant to 42 U.S.C. §666(a)(5)(C) including those regarding
21notice, materials, training, and evaluations.
22b. The agreement may provide for reimbursement of the entity
23by the state if reimbursement is permitted by federal law.
24 Sec. 841. Section 252A.5, subsections 2 and 3, Code 2023,
25are amended to read as follows:
262. Whenever the state or a political subdivision thereof of
27the state furnishes support to a dependent, it the political
28subdivision of the state has the same right through proceedings
29instituted by the petitioner’s representative to invoke
30the provisions hereof of this section as the dependent to
31whom the support was furnished, for the purpose of securing
32reimbursement of expenditures so made and of obtaining
33continuing support; the petition in such case may be verified
34by any official having knowledge of such expenditures without
35further verification of any person and consent of the dependent
-554-1shall not be required in order to institute proceedings under
2this chapter. The child Child support recovery unit services
3 may bring the action based upon a statement of a witness,
4regardless of age, with knowledge of the circumstances,
5including, but not limited to, statements by the mother of the
6dependent or a relative of the mother or the putative father.
73. If the child support recovery unit services is providing
8services, the unit child support services has the same right
9to invoke the provisions of this section as the dependent for
10which support is owed for the purpose of securing support. The
11petition in such case may be verified by any official having
12knowledge of the request for services by the unit child support
13services, without further verification by any other person,
14and consent of the dependent shall not be required in order
15to institute proceedings under this chapter. The child Child
16 support recovery unit services may bring the action based upon
17the statement of a witness, regardless of age, with knowledge
18of the circumstances, including, but not limited to, statements
19by the mother of the dependent or a relative of the mother or
20the putative father.
21 Sec. 842. Section 252A.13, subsections 1 and 3, Code 2023,
22are amended to read as follows:
231. If public assistance is provided by the department of
24health and human services to or on behalf of a dependent child
25or a dependent child’s caretaker, there is an assignment by
26operation of law to the department of any and all rights in,
27title to, and interest in any support obligation, payment, and
28arrearages owed to or on behalf of the child or caretaker not
29to exceed the amount of public assistance paid for or on behalf
30of the child or caretaker as follows:
31a. For family investment program assistance, section 239B.6
32shall apply.
33b. For foster care services, section 234.39 shall apply.
34c. For medical assistance, section 252E.11 shall apply.
353. The clerk shall furnish the department with copies of
-555-1all orders or decrees awarding and temporary domestic abuse
2orders addressing support when the parties are receiving public
3assistance or services are otherwise provided by the child
4support recovery unit services. Unless otherwise specified
5in the order, an equal and proportionate share of any child
6support awarded is presumed to be payable on behalf of each
7child, subject to the order or judgment, for purposes of an
8assignment under this section.
9 Sec. 843. Section 252A.18, Code 2023, is amended to read as
10follows:
11252A.18 Registration of support order — notice.
12Registration of a support order of another state or foreign
13country shall be in accordance with chapter 252K except that,
14with regard to service, promptly upon registration, the clerk
15of the court shall, by restricted certified mail, or the child
16support recovery unit services shall, as provided in section
17252B.26, send to the respondent notice of the registration with
18a copy of the registered support order or the respondent may
19be personally served with the notice and the copy of the order
20in the same manner as original notices are personally served.
21The clerk shall also docket the case and notify the prosecuting
22attorney of the action. The clerk shall maintain a registry of
23all support orders registered pursuant to this section. The
24filing is in equity.
25 Sec. 844. Section 252B.1, Code 2023, is amended to read as
26follows:
27252B.1 Definitions.
28As used in this chapter, unless the context otherwise
29requires:
301. “Absent parent” means the parent who either cannot be
31located or who is located and is not residing with the child
32at the time the support collection or paternity determination
33services provided in sections 252B.5 and 252B.6 are requested
34or commenced.
352. “Child” includes but shall not be limited to a stepchild,
-556-1foster child, or legally adopted child and means a child
2actually or apparently under eighteen years of age or a
3dependent person eighteen years of age or over who is unable
4to maintain the person’s self and is likely to become a public
5charge. “Child” includes “child” as defined in section 239B.1.
63. “Child support agency” means child support agency as
7defined in section 252H.2.
84. “Child support services” means child support services
9created in section 252B.2.
104. 5. “Department” means the department of health and human
11services.
125. 6. “Director” means the director of health and human
13services.
146. 7. “Obligor” means the person legally responsible for
15the support of a child as defined in section 252D.16 or 598.1
16under a support order issued in this state or pursuant to the
17laws of another state or foreign country.
187. 8. “Resident parent” means the parent with whom the
19child is residing at the time the support collection or
20paternity determination services provided in sections 252B.5
21and 252B.6 are requested or commenced.
228. “Unit” means the child support recovery unit created in
23section 252B.2.
24 Sec. 845. Section 252B.2, Code 2023, is amended to read as
25follows:
26252B.2 Unit Child support services established —
27intervention.
28There is created within the department of human services
29a child support recovery unit services for the purpose of
30providing the services required in sections 252B.3 through
31252B.6. The unit Child support services is not required to
32intervene in actions to provide such services.
33 Sec. 846. Section 252B.3, Code 2023, is amended to read as
34follows:
35252B.3 Duty of department to enforce child support —
-557-1cooperation — rules.
21. Upon receipt by the department of an application for
3public assistance on behalf of a child and determination by the
4department that the child is eligible for public assistance and
5that provision of child support services is appropriate, the
6department shall take appropriate action under the provisions
7of this chapter or under other appropriate statutes of this
8state including but not limited to chapters 239B, 252A, 252C,
9252D, 252E, 252F, 252G, 252H, 252I, 252J, 598, and 600B, to
10ensure that the parent or other person responsible for the
11support of the child fulfills the support obligation. The
12department shall also take appropriate action as required by
13federal law upon receiving a request from a child support
14agency for a child receiving public assistance in another
15state.
162. The department of human services may negotiate a partial
17payment of a support obligation with a parent or other person
18responsible for the support of the child, provided that the
19negotiation and partial payment are consistent with applicable
20federal law and regulation.
213. The department shall adopt rules pursuant to chapter
2217A regarding cases in which, under federal law, it is a
23condition of eligibility for an individual who is an applicant
24for or recipient of public assistance to cooperate in good
25faith with the department in establishing the paternity of, or
26in establishing, modifying, or enforcing a support order by
27identifying and locating the parent of the child or enforcing
28rights to support payments. The rules shall include all of the
29following provisions:
30a. As required by the unit child support services, the
31individual shall provide the name of the noncustodial parent
32and additional necessary information, and shall appear at
33interviews, hearings, and legal proceedings.
34b. If paternity is an issue, the individual and child shall
35submit to blood or genetic tests pursuant to a judicial or
-558-1administrative order.
2c. The individual may be requested to sign a voluntary
3affidavit of paternity, after notice of the rights and
4consequences of such an acknowledgment, but shall not be
5required to sign an affidavit or otherwise relinquish the right
6to blood or genetic tests.
7d. The unit Child support services shall promptly notify
8the individual and the appropriate division of the department
9administering the department’s public assistance program
10 programs of each determination by the unit child support
11services of noncooperation of the individual and the reason for
12such determination.
13e. A procedure under which the individual may claim that,
14and the department shall determine whether, the individual has
15sufficient good cause or other exception for not cooperating,
16taking into consideration the best interest of the child.
174. Without need for a court order and notwithstanding
18the requirements of section 598.22A, the support payment
19ordered pursuant to any chapter shall be satisfied as to the
20department, the child, and either parent for the period during
21which the parents are reconciled and are cohabiting, the child
22for whom support is ordered is living in the same residence
23as the parents, and the obligor receives public assistance on
24the obligor’s own behalf for the benefit of the child. The
25department shall implement this subsection as follows:
26a. The unit Child support services shall file a notice of
27satisfaction with the clerk of court.
28b. This subsection shall not apply unless all the children
29for whom support is ordered reside with both parents, except
30that a child may be absent from the home due to a foster care
31placement pursuant to chapter 234 or a comparable law of
32another state or foreign country.
33c. The unit Child support services shall send notice
34by regular mail to the obligor when the provisions of this
35subsection no longer apply. A copy of the notice shall be
-559-1filed with the clerk of court.
2d. This section shall not limit the rights of the parents or
3the department to proceed by other means to suspend, terminate,
4modify, reinstate, or establish support.
55. On or after July 1, 1999, the department shall implement
6a program for the satisfaction of accrued support debts, based
7upon timely payment by the obligor of both current support due
8and any payments due for accrued support debt under a periodic
9payment plan. The unit Child support services shall adopt
10rules pursuant to chapter 17A to establish the criteria and
11procedures for obtaining satisfaction under the program. The
12rules adopted under this subsection shall specify the cases and
13amounts to which the program is applicable, and may provide for
14the establishment of the program as a pilot program.
15 Sec. 847. Section 252B.4, Code 2023, is amended to read as
16follows:
17252B.4 Nonassistance cases.
181. The child support and paternity determination services
19established by the department pursuant to this chapter and
20other appropriate services provided by law including but not
21limited to the provisions of chapters 239B, 252A, 252C, 252D,
22252E, 252F, 598, and 600B shall be made available by the
23unit child support services to an individual not otherwise
24eligible as a public assistance recipient upon application by
25the individual for the services or upon referral as described
26in subsection 4. The application shall be filed with the
27department.
282. The director may collect a fee to cover the costs
29incurred by the department for service of process, genetic
30testing and court costs if the entity providing the service
31charges a fee for the services.
323. Fees collected pursuant to this section shall be
33considered repayment receipts, as defined in section 8.2,
34and shall be used for the purposes of the unit child support
35services. The director or a designee shall keep an accurate
-560-1record of the fees collected and expended.
24. The unit Child support services shall also provide child
3support and paternity determination services and shall respond
4as provided in federal law for an individual not otherwise
5eligible as a public assistance recipient if the unit child
6support services receives a request from any of the following:
7a. A child support agency.
8b. A foreign country as defined in chapter 252K.
9 Sec. 848. Section 252B.5, Code 2023, is amended to read as
10follows:
11252B.5 Services of unit Child support services.
12The child Child support recovery unit services shall provide
13the following services:
141. Assistance in the location of an absent parent or any
15other person who has an obligation to support the child of the
16resident parent.
172. Aid in establishing paternity and securing a court or
18administrative order for support pursuant to chapter 252A,
19252C, 252F, or 600B, or any other chapter providing for
20the establishment of paternity or support. In an action to
21establish support, the resident parent may be a proper party
22defendant for purposes of determining medical support as
23provided in section 252E.1A upon service of notice as provided
24in this chapter and without a court order as provided in the
25rules of civil procedure. The unit’s Child support services’
26 independent cause of action shall not bar a party from seeking
27support in a subsequent proceeding.
283. Aid in enforcing through court or administrative
29proceedings an existing court order for support issued pursuant
30to chapter 252A, 252C, 252F, 598, or 600B, or any other
31chapter under which child or medical support is granted. The
32director may enter into a contract with a private collection
33agency to collect support payments for cases which have been
34identified by the department as difficult collection cases
35if the department determines that this form of collection is
-561-1more cost-effective than departmental collection methods. The
2department shall utilize, to the maximum extent possible,
3every available automated process to collect support payments
4prior to referral of a case to a private collection agency.
5A private collection agency with whom the department enters
6a contract under this subsection shall comply with state and
7federal confidentiality requirements and debt collection laws.
8The director may use a portion of the state share of funds
9collected through this means to pay the costs of any contract
10authorized under this subsection.
114. Assistance to set off against a debtor’s income tax
12refund or rebate any support debt, which is assigned to
13the department of human services or which the child support
14recovery unit services is attempting to collect on behalf of
15any individual not eligible as a public assistance recipient,
16which has accrued through written contract, subrogation, or
17court judgment, and which is in the form of a liquidated sum
18due and owing for the care, support, or maintenance of a child.
19Unless the periodic payment plan provisions for a retroactive
20modification pursuant to section 598.21C apply, the entire
21amount of a judgment for accrued support, notwithstanding
22compliance with a periodic payment plan or regardless of the
23date of entry of the judgment, is due and owing as of the date
24of entry of the judgment and is delinquent for the purposes of
25setoff, including for setoff against a debtor’s federal income
26tax refund or other federal nontax payment. The department
27of human services shall adopt rules pursuant to chapter
2817A necessary to assist the department of administrative
29services in the implementation of the child support setoff as
30established under section 8A.504.
315. a. In order to maximize the amount of any tax refund
32to which an obligor may be entitled and which may be applied
33to child support and medical support obligations, cooperate
34with any volunteer or free income tax assistance programs in
35the state in informing obligors of the availability of the
-562-1programs.
2b. The child Child support recovery unit services shall
3publicize the services of the volunteer or free income tax
4assistance programs by distributing printed materials regarding
5the programs.
66. Determine periodically whether an individual receiving
7unemployment compensation benefits under chapter 96 owes a
8support obligation which is being enforced by the unit child
9support services, and enforce the support obligation through
10court or administrative proceedings to have specified amounts
11withheld from the individual’s unemployment compensation
12benefits.
137. Assistance in obtaining medical support as defined in
14chapter 252E.
158. a. At the request of either parent who is subject to
16the order of support or upon its own initiation, review the
17amount of the support award in accordance with the guidelines
18established pursuant to section 598.21B, and Tit.IV-D of the
19federal Social Security Act, as amended, and take action to
20initiate modification proceedings if the criteria established
21pursuant to this section are met. However, a review of a
22support award is not required if the child support recovery
23unit services determines that such a review would not be in the
24best interest of the child and neither parent has requested
25such review.
26b. The department shall adopt rules setting forth the
27process for review of requests for modification of support
28obligations and the criteria and process for taking action to
29initiate modification proceedings.
309. a. Assistance, in consultation with the department
31of administrative services, in identifying and taking action
32against self-employed individuals as identified by the
33following conditions:
34(1) The individual owes support pursuant to a court or
35administrative order being enforced by the unit child support
-563-1services and is delinquent in an amount equal to or greater
2than the support obligation amount assessed for one month.
3(2) The individual has filed a state income tax return in
4the preceding twelve months.
5(3) The individual has no reported tax withholding amount on
6the most recent state income tax return.
7(4) The individual has failed to enter into or comply with a
8formalized repayment plan with the unit child support services.
9(5) The individual has failed to make either all current
10support payments in accordance with the court or administrative
11order or to make payments against any delinquency in each of
12the preceding twelve months.
13b. The unit Child support services may forward information
14to the department of administrative services as necessary to
15implement this subsection, including but not limited to both
16of the following:
17(1) The name and social security number of the individual.
18(2) Support obligation information in the specific case,
19including the amount of the delinquency.
2010. The review and adjustment, modification, or alteration
21of a support order pursuant to chapter 252H upon adoption of
22rules pursuant to chapter 17A and periodic notification, at
23a minimum of once every three years, to parents subject to a
24support order of their rights to these services.
2511. The unit Child support services shall not establish
26orders for spousal support. The unit Child support services
27 shall enforce orders for spousal support only if the spouse is
28the custodial parent of a child for whom the unit child support
29services is also enforcing a child support or medical support
30order.
3112. a. In compliance with federal procedures, periodically
32certify to the secretary of the United States department of
33health and human services, a list of the names of obligors
34determined by the unit child support services to owe delinquent
35support, under a support order as defined in section 252J.1, in
-564-1excess of two thousand five hundred dollars. The certification
2of the delinquent amount owed may be based upon one or more
3support orders being enforced by the unit child support
4services if the delinquent support owed exceeds two thousand
5five hundred dollars. The certification shall include any
6amounts which are delinquent pursuant to the periodic payment
7plan when a modified order has been retroactively applied.
8The certification shall be in a format and shall include any
9supporting documentation required by the secretary.
10b. All of the following shall apply to an action initiated
11by the unit child support services under this subsection:
12(1) The obligor shall be sent a notice by regular mail in
13accordance with federal law and regulations and the notice
14shall remain in effect until support delinquencies have been
15paid in full.
16(2) The notice shall include all of the following:
17(a) A statement regarding the amount of delinquent support
18owed by the obligor.
19(b) A statement providing information that if the
20delinquency is in excess of two thousand five hundred dollars,
21the United States secretary of state may apply a passport
22sanction by revoking, restricting, limiting, or refusing to
23issue a passport as provided in 42 U.S.C. §652(k).
24(c) Information regarding the procedures for challenging
25the certification by the unit child support services.
26(3) (a) If the obligor chooses to challenge the
27certification, the obligor shall notify the unit child support
28services within the time period specified in the notice to the
29obligor. The obligor shall include any relevant information
30with the challenge.
31(b) A challenge shall be based upon mistake of fact. For
32the purposes of this subsection, “mistake of fact” means a
33mistake in the identity of the obligor or a mistake in the
34amount of the delinquent child support owed if the amount did
35not exceed two thousand five hundred dollars on the date of the
-565-1unit’s child support services’ decision on the challenge.
2(4) Upon timely receipt of the challenge, the unit child
3support services shall review the certification for a mistake
4of fact, or refer the challenge for review to the child support
5agency in the state chosen by the obligor as provided by
6federal law.
7(5) Following the unit’s child support services’ review of
8the certification, the unit child support services shall send
9a written decision to the obligor within ten days of timely
10receipt of the challenge.
11(a) If the unit child support services determines that
12a mistake of fact exists, the unit child support services
13 shall send notification in accordance with federal procedures
14withdrawing the certification for passport sanction.
15(b) If the unit child support services determines that a
16mistake of fact does not exist, the obligor may contest the
17determination within ten days following the issuance of the
18decision by submitting a written request for a contested case
19proceeding pursuant to chapter 17A.
20(6) Following issuance of a final decision under chapter
2117A that no mistake of fact exists, the obligor may request a
22hearing before the district court pursuant to chapter 17A. The
23department shall transmit a copy of its record to the district
24court pursuant to chapter 17A. The scope of the review by the
25district court shall be limited to demonstration of a mistake
26of fact. Issues related to visitation, custody, or other
27provisions not related to the support provisions of a support
28order are not grounds for a hearing under this subsection.
29c. Following certification to the secretary, if the
30unit child support services determines that an obligor no
31longer owes delinquent support in excess of two thousand five
32hundred dollars, the unit child support services shall provide
33information and notice as the secretary requires to withdraw
34the certification for passport sanction.
3513. a. Impose an annual fee, which shall be retained from
-566-1support collected on behalf of the obligee, in accordance with
242 U.S.C.§654(6)(B)(ii). The unit Child support services
3 shall send information regarding the requirements of this
4subsection by regular mail to the last known address of an
5affected obligee, or may include the information for an obligee
6in an application for services signed by the obligee. In
7addition, the unit child support services shall take steps
8necessary regarding the fee to qualify for federal funds in
9conformity with the provisions of Tit.IV-D of the federal
10Social Security Act, including receiving and accounting for
11fee payments, as appropriate, through the collection services
12center created in section 252B.13A.
13b. Fees collected pursuant to this subsection shall be
14considered repayment receipts as defined in section 8.2, and
15shall be used for the purposes of the unit child support
16services. The director shall maintain an accurate record of
17the fees collected and expended under this subsection.
18c. Until such time as a methodology to secure payment of
19the collections fee from the obligor is provided by law, an
20obligee may act pursuant to this paragraph to recover the
21collections fee from the obligor. If the unit child support
22services retains all or a portion of the collections fee
23imposed pursuant to paragraph “a” in a federal fiscal year,
24there is an automatic nonsupport judgment, in an amount equal
25to the amount retained, against the obligor payable to the
26obligee. This paragraph shall serve as constructive notice
27that the fee amount, once retained, is an automatic nonsupport
28judgment against the obligor. The obligee may use any legal
29means, including the lien created by the nonsupport judgment,
30to collect the nonsupport judgment.
31 Sec. 849. Section 252B.6, unnumbered paragraph 1, Code
322023, is amended to read as follows:
33In addition to the services enumerated in section 252B.5,
34the unit child support services may provide the following
35services in the case of a dependent child for whom public
-567-1assistance is being provided:
2 Sec. 850. Section 252B.6, subsection 3, Code 2023, is
3amended to read as follows:
43. Appear on behalf of the state for the purpose of
5facilitating the modification of support awards consistent
6with guidelines established pursuant to section 598.21B,
7and Tit.IV-D of the federal Social Security Act. The unit
8 Child support services shall not otherwise participate in the
9proceeding.
10 Sec. 851. Section 252B.6A, Code 2023, is amended to read as
11follows:
12252B.6A External services.
131. Provided that the action is consistent with applicable
14federal law and regulation, an attorney licensed in this state
15shall receive compensation as provided in this section for
16support collected as the direct result of a judicial proceeding
17maintained by the attorney, if all of the following apply to
18the case:
19a. The unit Child support services is providing services
20under this chapter.
21b. The current support obligation is terminated and only
22arrearages are due under an administrative or court order and
23there has been no payment under the order for at least the
24twelve-month period prior to the provision of notice to the
25unit child support services by the attorney under this section.
26c. Support is assigned to the state based upon cash
27assistance paid under chapter 239B, or its successor.
28d. The attorney has provided written notice to the central
29office of the unit child support services and to the obligee at
30the last known address of the obligee of the intent to initiate
31a specified judicial proceeding, at least thirty days prior to
32initiating the proceeding.
33e. The attorney has provided documentation to the unit child
34support services that the attorney is insured against loss
35caused by the attorney’s legal malpractice or acts or omissions
-568-1of the attorney which result in loss to the state or other
2person.
3f. The collection is received by the collection services
4center within ninety days of provision of the notice to
5the unit child support services. An attorney may provide
6subsequent notices to the unit child support services to extend
7the time for receipt of the collection by subsequent ninety-day
8periods.
92. a. If, prior to February 15, 1998, notice is provided
10pursuant to subsection 1 to initiate a specific judicial
11proceeding, this section shall not apply to the proceeding
12unless the unit child support services consents to the
13proceeding.
14b. (1) If, on or after February 15, 1998, notice is
15provided pursuant to subsection 1 to initiate a specific
16judicial proceeding, this section shall apply to the proceeding
17only if the case is exempt from application of rules adopted
18by the department pursuant to subparagraph (2) which limit
19application of this section.
20(2) The department shall adopt rules which include, but
21are not limited to, exemption from application of this section
22to proceedings based upon, but not limited to, any of the
23following:
24(a) A finding of good cause pursuant to section 252B.3.
25(b) The existence of a support obligation due another state
26based upon public assistance provided by that state.
27(c) The maintaining of another proceeding by an attorney
28under this section for which the unit child support services
29 has not received notice that the proceeding has concluded or
30the ninety-day period during which a collection may be received
31pertaining to the same case has not yet expired.
32(d) The initiation of a seek employment action under section
33252B.21, and the notice from the attorney indicates that the
34attorney intends to pursue a contempt action.
35(e) Any other basis for exemption of a specified proceeding
-569-1designated by rule which relates to collection and enforcement
2actions provided by the unit child support services.
33. The unit Child support services shall issue a response
4to the attorney providing notice within ten days of receipt of
5the notice. The response shall advise the attorney whether the
6case to which the specified judicial proceeding applies meets
7the requirements of this section.
84. For the purposes of this section, a “judicial proceeding”
9means an action to enforce support filed with a court of
10competent jurisdiction in which the court issues an order which
11identifies the amount of the support collection which is a
12direct result of the court proceeding. “Judicial proceedings”
13include but are not limited to those pursuant to chapters
14598, 626, 633, 642, 654, or 684 and also include contempt
15proceedings if the collection payment is identified in the
16court order as the result of such a proceeding. “Judicial
17proceedings” do not include enforcement actions which the unit
18 child support services is required to implement under federal
19law including, but not limited to, income withholding.
205. All of the following are applicable to a collection
21which is the result of a judicial proceeding which meets the
22requirements of this section:
23a. All payments made as the result of a judicial proceeding
24under this section shall be made to the clerk of the district
25court or to the collection services center and shall not be
26made to the attorney. Payments received by the clerk of the
27district court shall be forwarded to the collection services
28center as provided in section 252B.15.
29b. The attorney shall be entitled to receive an amount
30which is equal to twenty-five percent of the support collected
31as the result of the specified judicial proceeding not to
32exceed the amount of the nonfederal share of assigned support
33collected as the result of that proceeding. The amount paid
34under this paragraph is the full amount of compensation due the
35attorney for a proceeding under this section and is in lieu
-570-1of any attorney fees. The court shall not order the obligor
2to pay additional attorney fees. The amount of compensation
3calculated by the unit child support services is subject, upon
4application of the attorney, to judicial review.
5c. Any support collected shall be disbursed in accordance
6with federal requirements and any support due the obligee
7shall be disbursed to the obligee prior to disbursement to the
8attorney as compensation.
9d. The collection services center shall disburse
10compensation due the attorney only from the nonfederal share of
11assigned collections. The collection services center shall not
12disburse any compensation for court costs.
13e. The unit Child support services may delay disbursement
14to the attorney pending the resolution of any timely appeal by
15the obligor or obligee.
16f. Negotiation of a partial payment or settlement for
17support shall not be made without the approval of the unit
18 child support services and the obligee, as applicable.
196. The attorney initiating a judicial proceeding under this
20section shall notify the unit child support services when the
21judicial proceeding is completed.
227. a. An attorney who initiates a judicial proceeding under
23this section represents the state for the sole and limited
24purpose of collecting support to the extent provided in this
25section.
26b. The attorney is not an employee of the state and has no
27right to any benefit or compensation other than as specified in
28this section.
29c. The state is not liable or subject to suit for any acts
30or omissions resulting in any damages as a consequence of the
31attorney’s acts or omissions under this section.
32d. The attorney shall hold the state harmless from any act
33or omissions of the attorney which may result in any penalties
34or sanctions, including those imposed under federal bankruptcy
35laws, and the state may recover any penalty or sanction imposed
-571-1by offsetting any compensation due the attorney under this
2section for collections received as a result of any judicial
3proceeding initiated under this section.
4e. The attorney initiating a proceeding under this section
5does not represent the obligor.
68. The unit Child support services shall comply with all
7state and federal laws regarding confidentiality. The unit
8 Child support services may release to an attorney who has
9provided notice under this section, information regarding child
10support balances due, to the extent provided under such laws.
119. This section shall not be interpreted to prohibit
12the unit child support services from providing services or
13taking other actions to enforce support as provided under this
14chapter.
15 Sec. 852. Section 252B.7, Code 2023, is amended to read as
16follows:
17252B.7 Legal services.
181. The attorney general may perform the legal services for
19the child support recovery program services and may enforce
20all laws for the recovery of child support from responsible
21relatives. The attorney general may file and prosecute:
22a. Contempt of court proceedings to enforce any order of
23court pertaining to child support.
24b. Cases under chapter 252A, the support of dependents law.
25c. An information charging a violation of section 726.3,
26726.5 or 726.6.
27d. Any other lawful action which will secure collection of
28support for minor children.
292. For the purposes of subsection 1, the attorney general
30has the same power to commence, file and prosecute any action
31or information in the proper jurisdiction, which the county
32attorney could file or prosecute in that jurisdiction. This
33section does not relieve a county attorney from the county
34attorney’s duties, or the attorney general from the supervisory
35power of the attorney general, in the recovery of child
-572-1support.
23. The unit Child support services may contract with
3a county attorney, the attorney general, a clerk of the
4district court, or another person or agency to collect support
5obligations and to administer the child support program
6established services required pursuant to this chapter.
7Notwithstanding section 13.7, the unit child support services
8 may contract with private attorneys for the prosecution of
9civil collection and recovery cases and may pay reasonable
10compensation and expenses to private attorneys for the
11prosecution services provided.
124. An attorney employed by or under contract with the child
13support recovery unit services represents and acts exclusively
14on behalf of the state when providing child support enforcement
15services. An attorney-client relationship does not exist
16between the attorney and an individual party, witness, or
17person other than the state, regardless of the name in which
18the action is brought.
19 Sec. 853. Section 252B.7A, Code 2023, is amended to read as
20follows:
21252B.7A Determining parent’s income.
221. The unit Child support services shall use any of the
23following in determining the amount of the net monthly income
24of a parent for purposes of establishing or modifying a support
25obligation:
26a. Income as identified in a signed statement of the
27parent pursuant to section 252B.9, subsection 1, paragraph
28“b”. If evidence suggests that the statement is incomplete
29or inaccurate, the unit child support services may present
30the evidence to the court in a judicial proceeding or to the
31administrator director in a proceeding under chapter 252C or
32a comparable chapter, and the court or administrator director
33 shall weigh the evidence in setting the support obligation.
34Evidence includes but is not limited to income as established
35under paragraph “c”.
-573- 1b. If a sworn statement is not provided by the parent, the
2unit child support services may determine income as established
3under paragraph “c” or “d”.
4c. Income established by any of the following:
5(1) Income verified by an employer or payor of income.
6(2) Income reported to the department of workforce
7development.
8(3) For a public assistance recipient, income as reported to
9the department case worker assigned to the public assistance
10case.
11(4) Other written documentation which identifies income.
12d. By July 1, 1999, the department shall adopt rules for
13imputing income, whenever possible, based on the earning
14capacity of a parent who does not provide income information
15or for whom income information is not available. Until such
16time as the department adopts rules establishing a different
17standard for determining the income of a parent who does not
18provide income information or for whom income information
19is not available, the estimated state median income for a
20one-person family as published annually in the federal register
21for use by the federal office of community services, office of
22energy assistance, for the subsequent federal fiscal year.
23(1) This provision is effective beginning July 1, 1992,
24based upon the information published in the federal register
25dated March 8, 1991.
26(2) The unit Child support services may revise the estimated
27income each October 1. If the estimate is not available or has
28not been published, the unit child support services may revise
29the estimate when it becomes available.
30e. When the income information obtained pursuant to this
31subsection does not include the information necessary to
32determine the net monthly income of the parent, the unit child
33support services may deduct twenty percent from the parent’s
34gross monthly income to arrive at the net monthly income
35figure.
-574- 12. The amount of the income determined may be challenged any
2time prior to the entry of a new or modified order for support.
33. If the child support recovery unit services is providing
4services pursuant to this chapter, the court shall use the
5income figure determined pursuant to this section when applying
6the guidelines to determine the amount of support.
74. The department may develop rules as necessary to further
8implement disclosure of financial information of the parties.
9 Sec. 854. Section 252B.7B, Code 2023, is amended to read as
10follows:
11252B.7B Informational materials provided by the unit child
12support services.
131. The unit Child support services shall prepare and make
14available to the public, informational materials which explain
15the unit’s child support services’ procedures including, but
16not limited to, procedures with regard to all of the following:
17a. Accepting applications for services.
18b. Locating individuals.
19c. Establishing paternity.
20d. Establishing support.
21e. Enforcing support.
22f. Modifying, suspending, or reinstating support.
23g. Terminating services.
242. The informational materials shall include general
25information about and descriptions of the processes involved
26relating to the services provided by the unit child support
27services including application for services, fees for services,
28the responsibilities of the recipient of services, resolution
29of disagreements with the unit child support services, rights
30to challenge the actions of the unit child support services,
31and obtaining additional information.
32 Sec. 855. Section 252B.8, Code 2023, is amended to read as
33follows:
34252B.8 Central information center.
35The department shall establish within the unit child support
-575-1services an information and administration coordinating center
2which shall serve as a registry for the receipt of information
3and for answering interstate inquiries concerning absent
4parents and shall coordinate and supervise unit child support
5services’ activities. The information and administration
6coordinating center shall promote cooperation between the
7unit child support services and law enforcement agencies to
8facilitate the effective operation of the unit child support
9services.
10 Sec. 856. Section 252B.9, Code 2023, is amended to read as
11follows:
12252B.9 Information and assistance from others — availability
13of records.
141. a. The director may request from state, county, and
15local agencies information and assistance deemed necessary to
16carry out the provisions of this chapter. State, county, and
17local agencies, officers, and employees shall cooperate with
18the unit child support services and shall on request supply the
19department with available information relative to the absent
20parent, the custodial parent, and any other necessary party,
21notwithstanding any provisions of law making this information
22confidential. The cooperation and information required by this
23subsection shall also be provided when it is requested by a
24child support agency. Information required by this subsection
25includes, but is not limited to, information relative to
26location, income, property holdings, records of licenses as
27defined in section 252J.1, and records concerning the ownership
28and control of corporations, partnerships, and other business
29entities. If the information is maintained in an automated
30database, the unit child support services shall be provided
31automated access.
32b. Parents of a child on whose behalf support enforcement
33services are provided shall provide information regarding
34income, resources, financial circumstances, and property
35holdings to the department for the purpose of establishment,
-576-1modification, or enforcement of a support obligation. The
2department may provide the information to parents of a child
3as needed to implement the requirements of section 598.21B,
4notwithstanding any provisions of law making this information
5confidential.
6c. Notwithstanding any provisions of law making this
7information confidential, all persons, including for-profit,
8nonprofit, and governmental employers, shall, on request,
9promptly supply the unit child support services or a child
10support agency information on the employment, compensation,
11and benefits of any individual employed by such person as
12an employee or contractor with relation to whom the unit
13 child support services or a child support agency is providing
14services.
15d. Notwithstanding any provisions of law making this
16information confidential, the unit child support services may
17subpoena or a child support agency may use the administrative
18subpoena form promulgated by the secretary of the United
19States department of health and human services under 42 U.S.C.
20§652(a)(11)(C), to obtain any of the following:
21(1) Books, papers, records, or information regarding any
22financial or other information relating to a paternity or
23support proceeding.
24(2) Certain records held by public utilities, cable or
25other television companies, cellular telephone companies, and
26internet service providers with respect to individuals who
27owe or are owed support, or against or with respect to whom
28a support obligation is sought, consisting of the names and
29addresses of such individuals and the names and addresses of
30the employers of such individuals, as appearing in customer
31records, and including the cellular telephone numbers of such
32individuals appearing in the customer records of cellular
33telephone companies. If the records are maintained in
34automated databases, the unit child support services shall be
35provided with automated access.
-577- 1e. The unit Child support services or a child support agency
2may subpoena information for one or more individuals.
3f. If the unit child support services or a child support
4agency issues a request under paragraph “c”, or a subpoena under
5paragraph “d”, all of the following shall apply:
6(1) The unit Child support services or a child support
7agency may issue a request or subpoena to a person by sending
8it by regular mail. Proof of service may be completed
9according to rule of civil procedure 1.442.
10(2) A person who is not a parent or putative father in a
11paternity or support proceeding, who is issued a request or
12subpoena, shall be provided an opportunity to refuse to comply
13for good cause by filing a request for a conference with the
14unit child support services or a child support agency in the
15manner and within the time specified in rules adopted pursuant
16to subparagraph (7).
17(3) Good cause shall be limited to mistake in the identity
18of the person, or prohibition under federal law to release such
19information.
20(4) After the conference the unit child support services
21 shall issue a notice finding that the person has good cause
22for refusing to comply, or a notice finding that the person
23does not have good cause for failing to comply. If the person
24refuses to comply after issuance of notice finding lack of good
25cause, or refuses to comply and does not request a conference,
26the person is subject to a penalty of one hundred dollars per
27refusal.
28(5) If the person fails to comply with the request or
29subpoena, fails to request a conference, and fails to pay a
30penalty imposed under subparagraph (4), the unit child support
31services may petition the district court to compel the person
32to comply with this paragraph. If the person objects to
33imposition of the penalty, the person may seek judicial review
34by the district court.
35(6) If a parent or putative father fails to comply with a
-578-1subpoena or request for information, the provisions of chapter
2252J shall apply.
3(7) The unit Child support services may adopt rules pursuant
4to chapter 17A to implement this section.
5g. Notwithstanding any provisions of law making this
6information confidential, the unit child support services
7 or a child support agency shall have access to records and
8information held by financial institutions with respect to
9individuals who owe or are owed support, or with respect to
10whom a support obligation is sought including information on
11assets and liabilities. If the records are maintained in
12automated databases, the unit child support services shall
13be provided with automated access. For the purposes of this
14section, “financial institution” means financial institution as
15defined in section 252I.1.
16h. Notwithstanding any law to the contrary, the unit
17 child support services and a child support agency shall have
18access to any data maintained by the state of Iowa which
19contains information that would aid the agency in locating
20individuals. Such information shall include, but is not
21limited to, driver’s license, motor vehicle, and criminal
22justice information. However, the information does not include
23criminal investigative reports or intelligence files maintained
24by law enforcement. The unit Child support services and a
25 child support agency shall use or disclose the information
26obtained pursuant to this paragraph only in accordance with
27subsection 3. Criminal history records maintained by the
28department of public safety shall be disclosed in accordance
29with chapter 692. The unit Child support services shall also
30have access to the protective order file maintained by the
31department of public safety.
32i. Liability shall not arise under this subsection with
33respect to any disclosure by a person as required by this
34subsection, and no advance notice from the unit child support
35services or a child support agency is required prior to
-579-1requesting information or assistance or issuing a subpoena
2under this subsection.
3j. Notwithstanding any provision of law making this
4information confidential, data provided to the department by an
5insurance carrier under section 505.25 shall also be provided
6to the unit child support services. Provision of data to the
7unit child support services under this paragraph shall not
8require an agreement or modification of an agreement between
9the department and an insurance carrier, but the provisions
10of this section applicable to information received by the
11unit child support services shall apply to the data received
12pursuant to section 505.25 in lieu of any confidentiality,
13privacy, disclosure, use, or other provisions of an agreement
14between the department and an insurance carrier.
152. Notwithstanding other statutory provisions to the
16contrary, including but not limited to chapters 22 and 217, as
17the chapters relate to confidentiality of records maintained by
18the department, the payment records of the collection services
19center maintained under section 252B.13A may be released,
20except when prohibited by federal law or regulation, only as
21follows:
22a. Payment records of the collection services center may
23be released upon request for the administration of a plan or
24program approved for the supplemental nutrition assistance
25program or under Tit.IV, XIX, or XXI of the federal Social
26Security Act, as amended, and as otherwise permitted under Tit.
27IV-D of the federal Social Security Act, as amended. A payment
28record shall not include address or location information.
29b. The department may release details related to payment
30records or provide alternative formats for release of the
31information for the administration of a plan or program under
32Tit.IV-D of the federal Social Security Act, as amended,
33including as follows:
34(1) The unit Child support services or the collection
35services center may provide detail or present the information
-580-1in an alternative format to an individual or to the
2individual’s legal representative if the individual owes or is
3owed a support obligation, to an agency assigned the obligation
4as the result of receipt by a party of public assistance, to an
5agency charged with enforcing child support pursuant to Tit.
6IV-D of the federal Social Security Act, as amended, or to the
7court.
8(2) For support orders entered in Iowa which are being
9enforced by the unit child support services, the unit child
10support services may compile and make available for publication
11a listing of cases in which no payment has been credited to
12an accrued or accruing support obligation during a previous
13three-month period. Each case on the list shall be identified
14only by the name of the support obligor, the address, if known,
15of the support obligor, unless the information pertaining
16to the address of the support obligor is protected through
17confidentiality requirements established by law and has not
18otherwise been verified with the unit child support services,
19the support obligor’s court order docket or case number, the
20county in which the obligor’s support order is filed, the
21collection services center case numbers, and the range within
22which the balance of the support obligor’s delinquency is
23established. The department shall determine dates for the
24release of information, the specific format of the information
25released, and the three-month period used as a basis for
26identifying cases. The department may not release the
27information more than twice annually. In compiling the listing
28of cases, no prior public notice to the obligor is required,
29but the unit child support services may send notice annually
30by mail to the current known address of any individual owing a
31support obligation which is being enforced by the unit child
32support services. The notice shall inform the individual of
33the provisions of this subparagraph. Actions taken pursuant to
34this subparagraph are not subject to review under chapter 17A,
35and the lack of receipt of a notice does not prevent the unit
-581-1 child support services from proceeding in implementing this
2subparagraph.
3(3) The provisions of subparagraph (2) may be applied to
4support obligations entered in another state, at the request
5of a child support agency if the child support agency has
6demonstrated that the provisions of subparagraph (2) are not
7in conflict with the laws of the state where the support
8obligation is entered and the unit child support services is
9enforcing the support obligation.
10(4) Records relating to the administration, collection, and
11enforcement of surcharges pursuant to section 252B.23 which are
12recorded by the unit child support services or a collection
13entity shall be confidential records except that information,
14as necessary for support collection and enforcement, may be
15provided to other governmental agencies, the obligor or the
16resident parent, or a collection entity under contract with
17the unit child support services unless otherwise prohibited
18by the federal law. A collection entity under contract with
19the unit child support services shall use information obtained
20for the sole purpose of fulfilling the duties required under
21the contract, and shall disclose any records obtained by the
22collection entity to the unit child support services for use in
23support establishment and enforcement.
243. Notwithstanding other statutory provisions to the
25contrary, including but not limited to chapters 22 and 217,
26as the chapters relate to the confidentiality of records
27maintained by the department, information recorded by the
28department pursuant to this section or obtained by the unit
29 child support services is confidential and, except when
30prohibited by federal law or regulation, may be used or
31disclosed as provided in subsection 1, paragraphs “b” and “h”,
32and subsection 2, and as follows:
33a. The attorney general may utilize the information
34to secure, modify, or enforce a support obligation of an
35individual.
-582- 1b. This subsection shall not permit or require the release
2of information, except to the extent provided in this section.
3c. The unit Child support services may release or disclose
4information as necessary to provide services under section
5252B.5, as provided by chapter 252G, as provided by Tit.IV-D
6of the federal Social Security Act, as amended, or as required
7by federal law.
8d. The unit Child support services may release information
9under section 252B.9A to meet the requirements of Tit.IV-D of
10the federal Social Security Act for parent locator services.
11e. Information may be released if directly connected with
12any of the following:
13(1) The administration of a plan or program approved for
14the supplemental nutrition assistance program or under Tit.IV,
15XIX, or XXI of the federal Social Security Act, as amended.
16(2) Any investigations, prosecutions, or criminal or civil
17proceeding conducted in connection with the administration of
18any such plan or program.
19(3) Reporting to an appropriate agency or official of
20any such plan or program, information on known or suspected
21instances of physical or mental injury, sexual abuse or
22exploitation, or negligent treatment or maltreatment of a child
23who is the subject of a child support enforcement action under
24circumstances which indicate that the child’s health or welfare
25is threatened.
26f. Information may be released to courts having jurisdiction
27in support proceedings. If a court issues an order, which is
28not entered under section 252B.9A, directing the unit child
29support services to disclose confidential information, the unit
30 child support services may file a motion to quash pursuant to
31this chapter, Tit.IV-D of the federal Social Security Act, or
32other applicable law.
33g. The child Child support recovery unit services may
34release information for the administration of a plan or program
35approved for the supplemental nutrition assistance program or
-583-1under Tit.IV, XIX, or XXI of the federal Social Security Act,
2as amended, specified under subsection 2 or this subsection, to
3the extent the release of information does not interfere with
4the unit child support services meeting its own obligations
5under Tit.IV-D of the federal Social Security Act, as amended,
6and subject to requirements prescribed by the federal office
7of child support enforcement of the United States department
8of health and human services.
9h. For purposes of this subsection, “party” means an absent
10parent, obligor, resident parent, or other necessary party.
11i. If the unit child support services receives notification
12under this paragraph, the unit child support services shall
13notify the federal parent locator service as required by
14federal law that there is reasonable evidence of domestic
15violence or child abuse against a party or a child and that the
16disclosure of information could be harmful to the party or the
17child. The notification to the federal parent locator service
18shall be known as notification of a disclosure risk indicator.
19For purposes of this paragraph, the unit child support services
20 shall notify the federal parent locator service of a disclosure
21risk indicator only if at least one of the following applies:
22(1) The unit Child support services receives notification
23that the department, or comparable agency of another state, has
24made a finding of good cause or other exception as provided in
25section 252B.3, or comparable law of another state.
26(2) The unit Child support services receives and, through
27automation, matches notification from the department of public
28safety or the unit child support services receives notification
29from a court of this or another state, that a court has issued
30a protective order or no-contact order against a party with
31respect to another party or child.
32(3) The unit Child support services receives notification
33that a court has dismissed a petition for specified
34confidential information pursuant to section 252B.9A.
35(4) The unit Child support services receives a copy, regular
-584-1on its face, of a notarized affidavit or a pleading, which was
2signed by and made under oath by a party, under chapter 252K,
3the uniform interstate family support Act, or the comparable
4law of another state, alleging the health, safety, or liberty
5of the party or child would be jeopardized by the disclosure
6of specific identifying information unless a tribunal under
7chapter 252K, the uniform interstate family support Act, or
8the comparable law of another state, ordered the identifying
9information of a party or child be disclosed.
10(5) The unit Child support services receives and, through
11automation, matches notification from the division of child and
12family services of the department, or the unit child support
13services receives notification from a comparable agency of
14another state, of a founded allegation of child abuse, or a
15comparable finding under the law of the other state.
16(6) The unit Child support services receives notification
17that an individual has an exemption from cooperation with child
18support enforcement under a family investment program safety
19plan which addresses family or domestic violence.
20(7) The unit Child support services receives notification
21that an individual is a certified program participant as
22provided in chapter 9E.
23(8) The unit Child support services receives notification,
24as the result of a request under section 252B.9A, of the
25existence of any finding, order, affidavit, pleading, safety
26plan, certification, or founded allegation referred to in
27subparagraphs (1) through (7) of this paragraph.
28j. The unit Child support services may provide information
29regarding delinquent obligors as provided in 42 U.S.C.
30§666(a)(7) to a consumer reporting agency if all the following
31apply:
32(1) The agency provides the unit child support services with
33satisfactory evidence that it is a consumer reporting agency
34as defined in 15 U.S.C. §1681a(f) and meets all the following
35requirements:
-585- 1(a) Compiles and maintains files on consumers on a
2nationwide basis as provided in 15 U.S.C. §1681a(p).
3(b) Participates jointly with other nationwide consumer
4reporting agencies in providing annual free credit reports to
5consumers upon request through a centralized source as required
6by the federal trade commission in 16 C.F.R. §610.2.
7(2) The agency has entered into an agreement with the
8unit child support services regarding receipt and use of the
9information.
104. Nothing in this chapter, chapter 252A, 252C, 252D,
11252E, 252F, 252G, 252H, 252I, 252J, or 252K, or any other
12comparable chapter or law shall preclude the unit child support
13services from exchanging any information, notice, document, or
14certification with any government or private entity, if the
15exchange is not otherwise prohibited by law, through mutually
16agreed upon electronic data transfer rather than through other
17means.
18 Sec. 857. Section 252B.9A, Code 2023, is amended to read as
19follows:
20252B.9A Disclosure of confidential information — authorized
21person — court.
221. A person, except a court or government agency, who
23is an authorized person to receive specified confidential
24information under 42 U.S.C. §653, may submit a written request
25to the unit child support services for disclosure of specified
26confidential information regarding a nonrequesting party. The
27written request shall comply with federal law and regulations,
28including any attestation and any payment to the federal office
29of child support enforcement of the United States department
30of health and human services required by federal law or
31regulation, and shall include a sworn statement attesting to
32the reason why the requester is an authorized person under
3342 U.S.C. §653, including that the requester would use the
34confidential information only for purposes permitted in that
35section.
-586- 12. Upon receipt of a request from an authorized person
2which meets all of the requirements under subsection 1, the
3unit child support services shall search available records as
4permitted by law or shall request the information from the
5federal parent locator service as provided in 42 U.S.C. §653.
6a. If the unit child support services locates the specified
7confidential information, the unit child support services shall
8disclose the information to the extent permitted under federal
9law, unless one of the following applies:
10(1) There is a notice from the federal parent locator
11service that there is reasonable evidence of domestic violence
12or child abuse pursuant to 42 U.S.C. §653(b)(2).
13(2) The unit Child support services has notified the federal
14parent locator service of a disclosure risk indicator as
15provided in section 252B.9, subsection 3, paragraph “i”, and has
16not removed that notification.
17(3) The unit Child support services receives notice of a
18basis for a disclosure risk indicator listed in section 252B.9,
19subsection 3, paragraph “i”, within twenty days of sending a
20notice of the request to the subject of the request by regular
21mail.
22b. If the unit child support services locates the specified
23confidential information, but the unit child support services
24 is prohibited from disclosing confidential information under
25paragraph “a”, the unit child support services shall deny the
26request and notify the requester of the denial in writing.
27Upon receipt of a written notice from the unit child support
28services denying the request, the requester may file a petition
29in district court for an order directing the unit child support
30services to release the requested information to the court as
31provided in subsection 3.
323. A person may file a petition in district court for
33disclosure of specified confidential information. The petition
34shall request that the court direct the unit child support
35services to release specified confidential information to
-587-1the court, that the court make a determination of harm if
2appropriate, and that the court release specified confidential
3information to the petitioner.
4a. The petition shall include a sworn statement attesting
5to the intended use of the information by the petitioner as
6allowed by federal law. Such statement may specify any of the
7following intended uses:
8(1) To establish parentage, or to establish, set the amount
9of, modify, or enforce a child support obligation.
10(2) To make or enforce a child custody or visitation
11determination or order.
12(3) To carry out the duty or authority of the petitioner to
13investigate, enforce, or bring a prosecution with respect to
14the unlawful taking or restraint of a child.
15b. Upon the filing of a petition, the court shall enter an
16order directing the unit child support services to release to
17the court within thirty days specified confidential information
18which the unit child support services would be permitted to
19release under 42 U.S.C. §653 and 42 U.S.C. §663, unless one of
20the following applies:
21(1) There is a notice from the federal parent locator
22service that there is reasonable evidence of domestic violence
23or child abuse pursuant to 42 U.S.C. §653(b)(2).
24(2) The unit Child support services has notified the federal
25parent locator service of a disclosure risk indicator as
26provided in section 252B.9, subsection 3, paragraph “i”, and has
27not removed that notification.
28(3) The unit Child support services receives notice of a
29basis for a disclosure risk indicator listed in section 252B.9,
30subsection 3, paragraph “i”, within twenty days of sending
31notice of the order to the subject of the request by regular
32mail. The unit Child support services shall include in the
33notice to the subject of the request a copy of the court order
34issued under this paragraph.
35c. Upon receipt of the order, the unit child support
-588-1services shall comply as follows:
2(1) If the unit child support services has the specified
3confidential information, and none of the domestic violence,
4child abuse, or disclosure risk indicator provisions of
5paragraph “b” applies, the unit child support services shall
6file the confidential information with the court along with
7a statement that the unit child support services has not
8received any notice that the domestic violence, child abuse, or
9disclosure risk indicator provisions of paragraph “b” apply.
10The unit Child support services shall be granted at least
11thirty days to respond to the order. The court may extend
12the time for the unit child support services to comply. Upon
13receipt by the court of the confidential information under
14this subparagraph, the court may order the release of the
15information to the petitioner.
16(2) If the unit child support services has the specified
17confidential information, and the domestic violence, child
18abuse, or disclosure risk indicator provision of paragraph “b”
19applies, the unit child support services shall file with the
20court a statement that the domestic violence, child abuse,
21or disclosure risk indicator provision of paragraph “b”
22applies, along with any information the unit child support
23services has received related to the domestic violence, child
24abuse, or disclosure risk indicator. The unit Child support
25services shall be granted at least thirty days to respond to
26the order. The court may extend the time for the unit child
27support services to comply. Upon receipt by the court of
28information from the unit child support services under this
29subparagraph, the court shall make a finding whether disclosure
30of confidential information to any other person could be
31harmful to the nonrequesting party or child. In making the
32finding, the court shall consider any relevant information
33provided by the parent or child, any information provided by
34the unit child support services or by a child support agency,
35any information provided by the petitioner, and any other
-589-1relevant evidence. The unit Child support services or unit’s
2 a child support services’ attorney does not represent any
3individual person in this proceeding.
4(a) If the court finds that disclosure of confidential
5information to any other person could be harmful to the
6nonrequesting party or child, the court shall dismiss the
7petition for disclosure and notify the unit child support
8services to notify the federal parent locator service of a
9disclosure risk indicator.
10(b) If the court does not find that disclosure of specified
11confidential information to any other person could be harmful
12to the nonrequesting party or child, the court shall notify the
13unit child support services to file the specified confidential
14information with the court. Upon receipt by the court of the
15specified confidential information, the court may release the
16information to the petitioner and inform the unit child support
17services to remove the disclosure risk indicator.
18(3) If the unit child support services does not have the
19specified confidential information and cannot obtain the
20information from the federal parent locator service, the unit
21 child support services shall comply with the order by notifying
22the court of the lack of information.
234. The confidential information which may be released by
24the unit child support services to a party under subsection
252, or by the unit child support services to the court under
26subsection 3, shall be limited by the federal Social Security
27Act and other applicable federal law, and the unit child
28support services may use the sworn statement filed pursuant to
29subsection 1 or 3 in applying federal law. Any information
30filed with the court by the unit child support services, when
31certified over the signature of a designated employee, shall
32be considered to be satisfactorily identified and shall be
33admitted as evidence, without requiring third-party foundation
34testimony. Additional proof of the official character of the
35person certifying the document or the authenticity of the
-590-1person’s signature shall not be required.
25. When making a request for confidential information under
3this section, a party or petitioner shall indicate the specific
4information requested.
56. For purposes of this section, “party” means party as
6defined in section 252B.9, subsection 3.
77. The unit Child support services may adopt rules pursuant
8to chapter 17A to prescribe provisions in addition to or in
9lieu of the provisions of this section to comply with federal
10requirements for parent locator services or the safeguarding
11of information.
12 Sec. 858. Section 252B.11, Code 2023, is amended to read as
13follows:
14252B.11 Recovery of costs of collection services.
15The unit Child support services may initiate necessary civil
16proceedings to recover the unit’s child support services’ costs
17of support collection services provided to an individual,
18whether or not the individual is a public assistance recipient,
19from an individual who owes and is able to pay a support
20obligation but willfully fails to pay the obligation. The unit
21 Child support services may seek a lump sum recovery of the
22unit’s child support services’ costs or may seek to recover the
23unit’s child support services’ costs through periodic payments
24which are in addition to periodic support payments. If the
25unit’s child support services’ costs are recovered from an
26individual owing a support obligation, the costs shall not be
27deducted from the amount of support money received from the
28individual. The costs collected pursuant to this section shall
29be retained by the department for use by the unit child support
30services. The director or a designee shall keep an accurate
31record of funds so retained.
32 Sec. 859. Section 252B.13A, Code 2023, is amended to read
33as follows:
34252B.13A Collection services center.
351. The department shall establish within the unit child
-591-1support services a collection services center for the receipt
2and disbursement of support payments as defined in section
3252D.16 or 598.1 as required for orders by section 252B.14.
4For purposes of this section, support payments do not include
5attorney fees, court costs, or property settlements. The
6center may also receive and disburse surcharges as provided in
7section 252B.23.
82. a. The collection services center shall meet the
9requirements for a state disbursement unit pursuant to 42
10U.S.C. §654b, section 252B.14, and this section by October 1,
111999.
12b. Prior to October 1, 1999, the department and the
13judicial branch shall enter into a cooperative agreement for
14implementation of the state disbursement unit requirement. The
15agreement shall include, but is not limited to, provisions for
16all of the following:
17(1) Coordination with the state case registry created in
18section 252B.24.
19(2) The receipt and disbursement of income withholding
20payments for orders not receiving services from the unit child
21support services pursuant to section 252B.14, subsection 4.
22(3) The transmission of information, orders, and documents,
23and access to information.
24(4) Furnishing, upon request, timely information on the
25current status of support payments as provided in 42 U.S.C.
26§654b(b)(4), in a manner consistent with state law.
27(5) The notification of payors of income to direct income
28withholding payments to the collection services center as
29provided in section 252B.14, subsection 4.
30 Sec. 860. Section 252B.14, subsections 2 and 5, Code 2023,
31are amended to read as follows:
322. For support orders being enforced by the child support
33recovery unit services, support payments made pursuant to the
34order shall be directed to and disbursed by the collection
35services center or, as appropriate, a comparable government
-592-1entity in another state as provided in chapter 252K.
25. If the collection services center is receiving and
3disbursing payments pursuant to a support order, but the unit
4 child support services is not providing other services under
5Tit.IV-D of the federal Social Security Act, or if the order
6is not being enforced by the unit child support services,
7the parties to that order are not considered to be receiving
8services under this chapter.
9 Sec. 861. Section 252B.15, subsection 1, Code 2023, is
10amended to read as follows:
111. The collection services center shall notify the clerk
12of the district court of any order for which the child support
13recovery unit services is providing enforcement services. The
14clerk of the district court shall forward any support payment
15made pursuant to the order, along with any support payment
16information, to the collection services center. Unless the
17agreement developed pursuant to section 252B.13A otherwise
18provides, the clerk of the district court shall forward any
19support payment made and any support payment information
20provided through income withholding pursuant to chapter 252D,
21to the collection services center. The collection services
22center shall process and disburse the payment in accordance
23with federal requirements.
24 Sec. 862. Section 252B.16, Code 2023, is amended to read as
25follows:
26252B.16 Transfer of support order processing responsibilities
27— ongoing procedures.
281. For a support order being processed by the clerk of
29the district court, upon notification that the unit child
30support services is providing enforcement services related to
31the order, the clerk of the district court shall immediately
32transfer the responsibility for the disbursement of support
33payments received pursuant to the order to the collection
34services center.
352. The department shall adopt rules pursuant to chapter
-593-117A to ensure that the affected parties are notified that
2the support payment disbursement responsibilities have been
3transferred to the collection services center from the clerk
4of the district court. The rules shall include a provision
5requiring that a notice shall be sent by regular mail to the
6last known addresses of the obligee and the obligor. The
7issuance of notice to the obligor is the equivalent of a court
8order requiring the obligor to direct payment to the collection
9services center for disbursement.
103. Once the responsibility for receiving and disbursing
11support payments has been transferred from a clerk of the
12district court to the collection services center, the
13responsibility shall remain with the collection services
14center even if the child support recovery unit services is no
15longer providing enforcement services, unless redirected by
16court order. However, the responsibility for receiving and
17disbursing income withholding payments shall not be redirected
18to a clerk of the district court.
194. As provided in sections 252K.307 and 252K.319, the unit
20 child support services may issue and file with the clerk of
21the district court, a notice redirecting support payments to
22a comparable government entity responsible for the processing
23and disbursement of support payments in another state. The
24unit Child support services shall send a copy of the notice by
25regular mail to the last known addresses of the obligor and
26obligee and, where applicable, shall notify the payor of income
27to make payments as specified in the notice. The issuance
28and filing of the notice is the equivalent of a court order
29redirecting support.
30 Sec. 863. Section 252B.17A, Code 2023, is amended to read
31as follows:
32252B.17A Imaging or photographic copies — originals
33destroyed.
341. If the unit child support services, in the regular
35course of business or activity, has recorded or received any
-594-1memorandum, writing, entry, print, document, representation,
2or combination thereof, of any act, transaction, occurrence,
3event, or communication from any source, and in the regular
4course of business has caused any or all of the same to
5be recorded, copied, or reproduced by any photographic,
6photostatic, microfilm, microcard, miniature photographic,
7electronic imaging, electronic data processing, or other
8process which accurately reproduces or forms a durable
9medium for accurately and legibly reproducing an unaltered
10image or reproduction of the original, the original may be
11destroyed. Such reproduction, when satisfactorily identified,
12is as admissible in evidence as the original itself in any
13judicial or administrative proceeding whether the original is
14in existence or not and an enlargement or facsimile of such
15reproduction is likewise admissible in evidence if the original
16recording, copy, or reproduction is in existence and available
17for inspection. The introduction of a reproduced record,
18enlargement, or facsimile, does not preclude admission of the
19original.
202. The electronically imaged, copied, or otherwise
21reproduced record or document maintained or received by the
22unit child support services, when certified over the signature
23of a designated employee of the unit child support services,
24shall be considered to be satisfactorily identified. Certified
25documents are deemed to have been imaged or copied or otherwise
26reproduced accurately and unaltered in the regular course of
27business, and such documents are admissible in any judicial or
28administrative proceeding as evidence. Additional proof of
29the official character of the person certifying the record or
30authenticity of the person’s signature shall not be required.
31Whenever the unit child support services or an employee of the
32unit child support services is served with a summons, subpoena,
33subpoena duces tecum, or order directing production of such
34records, the unit child support services or the employee may
35comply by transmitting a copy of the record certified as
-595-1described above to the district court.
2 Sec. 864. Section 252B.20, Code 2023, is amended to read as
3follows:
4252B.20 Suspension of support — request by mutual consent.
51. If the unit child support services is providing child
6support enforcement services pursuant to this chapter, the
7parents of a dependent child for whom support has been ordered
8pursuant to chapter 252A, 252C, 252F, 598, 600B, or any other
9chapter, may jointly request the assistance of the unit child
10support services in suspending the obligation for support if
11all of the following conditions exist:
12a. The parents have reconciled and are cohabiting, and
13the child for whom support is ordered is living in the same
14residence as the parents, or the child is currently residing
15with the parent who is ordered to pay support. If the basis for
16suspension under this paragraph applies to at least one but not
17all of the children for whom support is ordered, the condition
18of this paragraph is met only if the support order includes a
19step change.
20b. The child for whom support is ordered is not receiving
21public assistance pursuant to chapter 239B, 249A, or a
22comparable law of another state or foreign country, unless the
23person against whom support is ordered is considered to be a
24member of the same household as the child for the purposes of
25public assistance eligibility.
26c. The parents have signed a notarized affidavit attesting
27to the conditions under paragraphs “a” and “b”, have consented
28to suspension of the support order or obligation, and have
29submitted the affidavit to the unit child support services.
30d. No prior request for suspension has been filed with
31the unit child support services under this section and no
32prior request for suspension has been served by the unit child
33support services under section 252B.20A during the two-year
34period preceding the request.
35e. Any other criteria established by rule of the department.
-596- 12. Upon receipt of the application for suspension and
2properly executed and notarized affidavit, the unit child
3support services shall review the application and affidavit to
4determine that the necessary criteria have been met. The unit
5 Child support services shall then do one of the following:
6a. Deny the request and notify the parents in writing
7that the application is being denied, providing reasons for
8the denial and notifying the parents of the right to proceed
9through private counsel. Denial of the application is not
10subject to contested case proceedings or further review
11pursuant to chapter 17A.
12b. Approve the request and prepare an order which shall be
13submitted, along with the affidavit, to a judge of a district
14court for approval, suspending the accruing support obligation
15and, if requested by the obligee, and if not prohibited by
16chapter 252K, satisfying the obligation of support due the
17obligee. If the basis for suspension applies to at least one
18but not all of the children for whom support is ordered and the
19support order includes a step change, the unit child support
20services shall prepare an order suspending the accruing support
21obligation for each child to whom the basis for suspension
22applies.
233. An order approved by the court for suspension of an
24accruing support obligation is effective upon the date of
25filing of the suspension order. The satisfaction of an
26obligation of support due the obligee shall be final upon the
27filing of the suspension order. A support obligation which is
28satisfied is not subject to the reinstatement provisions of
29this section.
304. An order suspending an accruing support obligation
31entered by the court pursuant to this section shall be
32considered a temporary order for the period of six months from
33the date of filing of the suspension order. However, the
34six-month period shall not include any time during which an
35application for reinstatement is pending before the court.
-597- 15. During the six-month period the unit child support
2services may request that the court reinstate the accruing
3support order or obligation if any of the following conditions
4exist:
5a. Upon application to the unit child support services by
6either parent or other person who has physical custody of the
7child.
8b. Upon the receipt of public assistance benefits, pursuant
9to chapter 239B, 249A, or a comparable law of another state
10or foreign country, by the person entitled to receive support
11and the child on whose behalf support is paid, provided that
12the person owing the support is not considered to be a member
13of the same household as the child for the purposes of public
14assistance eligibility.
156. If a condition under subsection 5 exists, the unit
16 child support services may request that the court reinstate an
17accruing support obligation as follows:
18a. If the basis for the suspension no longer applies to any
19of the children for whom an accruing support obligation was
20suspended, the unit child support services shall request that
21the court reinstate the accruing support obligations for all of
22the children.
23b. If the basis for the suspension continues to apply to
24at least one but not all of the children for whom an accruing
25support obligation was suspended and if the support order
26includes a step change, the unit child support services
27 shall request that the court reinstate the accruing support
28obligation for each child for whom the basis for the suspension
29no longer applies.
307. Upon filing of an application for reinstatement, service
31of the application shall be made either in person or by first
32class mail upon both parents. Within ten days following the
33date of service, the parents may file a written objection with
34the clerk of the district court to the entry of an order for
35reinstatement.
-598- 1a. If no objection is filed, the court may enter an order
2reinstating the accruing support obligation without additional
3notice.
4b. If an objection is filed, the clerk of court shall set
5the matter for hearing and send notice of the hearing to both
6parents and the unit child support services.
78. The reinstatement is effective as follows:
8a. For reinstatements initiated under subsection 5,
9paragraph “a”, the date the notices were served on both parents
10pursuant to subsection 7.
11b. For reinstatements initiated under subsection 5,
12paragraph “b”, the date the child began receiving public
13assistance benefits during the suspension of the obligation.
14c. Support which became due during the period of suspension
15but prior to the reinstatement is waived and not due and owing
16unless the parties requested and agreed to the suspension under
17false pretenses.
189. If the order suspending a support obligation has been
19on file with the court for a period exceeding six months as
20computed pursuant to subsection 4, the order becomes final by
21operation of law and terminates the support obligation, and
22thereafter, a party seeking to establish a support obligation
23against either party shall bring a new action for support as
24provided by law.
2510. This section shall not limit the rights of the parents
26or the unit child support services to proceed by other means to
27suspend, terminate, modify, reinstate, or establish support.
2811. This section does not provide for the suspension or
29retroactive modification of support obligations which accrued
30prior to the entry of an order suspending enforcement and
31collection of support pursuant to this section. However, if in
32the application for suspension, an obligee elects to satisfy an
33obligation of accrued support due the obligee, the suspension
34order may satisfy the obligation of accrued support due the
35obligee.
-599- 112. Nothing in this section shall prohibit or limit the
2unit child support services or a party entitled to receive
3support from enforcing and collecting any unpaid or unsatisfied
4support that accrued prior to the suspension of the accruing
5obligation.
613. For the purposes of chapter 252H, subchapter II,
7regarding the criteria for a review or for a cost-of-living
8alteration under chapter 252H, subchapter IV, if a support
9obligation is terminated or reinstated under this section,
10such termination or reinstatement shall not be considered a
11modification of the support order.
1214. As used in this section, unless the context otherwise
13requires, “step change” means a change designated in a support
14order specifying the amount of the child support obligation
15as the number of children entitled to support under the order
16changes.
1715. As specified in this section, if the child for whom
18support is ordered is not receiving public assistance pursuant
19to chapter 239B, 249A, or a comparable law of another state
20or foreign country, upon agreement of the parents, the unit
21 child support services may facilitate the suspension of the
22child support order or obligation if the child is residing
23with a caretaker, who is a natural person, and who has not
24requested the unit child support services to provide services
25under this chapter. The parents and the caretaker shall sign
26a notarized affidavit attesting to the conditions under this
27section, consent to the suspension of the support order or
28obligation, and submit the affidavit to the unit child support
29services. Upon the receipt of public assistance benefits
30pursuant to chapter 239B, 249A, or a comparable law of another
31state or foreign country, by the child on whose behalf support
32is ordered, or upon application to the unit child support
33services by either parent or the caretaker, the unit child
34support services may, within the time periods specified in this
35section, request the reinstatement of the accruing support
-600-1order or obligation pursuant to this section.
216. The department may adopt all necessary and proper rules
3to administer and interpret this section.
4 Sec. 865. Section 252B.20A, Code 2023, is amended to read
5as follows:
6252B.20A Suspension of support — request by one party.
71. If the unit child support services is providing child
8support enforcement services pursuant to this chapter, the
9obligor who is ordered to pay support for the dependent child
10pursuant to chapter 252A, 252C, or 252F, may request the
11assistance of the unit child support services in suspending
12the obligation for support if all of the following conditions
13exist:
14a. The child is currently residing with the obligor and has
15been for more than sixty consecutive days. If the basis for
16suspension under this paragraph applies to at least one but not
17all of the children for whom support is ordered, the condition
18of this paragraph is met only if the support order includes a
19step change.
20b. There is no order in effect regarding legal custody,
21physical care, visitation, or other parenting time for the
22child.
23c. It is reasonably expected that the basis for suspension
24under this section will continue for not less than six months.
25d. The child for whom support is ordered is not receiving
26public assistance pursuant to chapter 239B, 249A, or a
27comparable law of another state or foreign country, unless the
28obligor is considered to be a member of the same household as
29the child for the purposes of public assistance eligibility.
30e. The obligor has signed a notarized affidavit, provided
31by the unit child support services, attesting to the existence
32of the conditions under paragraphs “a” through “d”, has
33requested suspension of the support order or obligation, and
34has submitted the affidavit to the unit child support services.
35f. No prior request for suspension has been served under
-601-1this section, and no prior request for suspension has been
2filed with the unit child support services pursuant to section
3252B.20, during the two-year period preceding the request.
4g. Any other criteria established by rule of the department.
52. Upon receipt of the application for suspension and
6properly executed and notarized affidavit, the unit child
7support services shall review the application and affidavit
8to determine that the criteria have been met. The unit Child
9support services shall then do one of the following:
10a. If the unit child support services determines the
11criteria have not been met, deny the request and notify the
12obligor in writing that the application is being denied,
13providing reasons for the denial and notifying the obligor of
14the right to proceed through private counsel. Denial of the
15application is not subject to contested case proceedings or
16further review pursuant to chapter 17A.
17b. If the unit child support services determines the
18criteria have been met, serve a copy of the notice and
19supporting documents on the obligee by any means provided in
20section 252B.26. The notice to the obligee shall include all
21of the following:
22(1) Information sufficient to identify the parties and the
23support order affected.
24(2) An explanation of the procedure for suspension and
25reinstatement of support under this section.
26(3) An explanation of the rights and responsibilities of the
27obligee, including the applicable procedural time frames.
28(4) A statement that within twenty days of service, the
29obligee must submit a signed and notarized response to the
30unit child support services objecting to at least one of the
31assertions in subsection 1, paragraphs “a” through “d”. The
32statement shall inform the obligee that if, within twenty days
33of service, the obligee fails to submit a response as specified
34in this subparagraph, notwithstanding rules of civil procedure
351.972(2) and 1.972(3), the unit child support services will
-602-1prepare and submit an order as provided in subsection 3,
2paragraph “b”.
33. No sooner than thirty days after service on the obligee
4under subsection 2, paragraph “b”, the unit child support
5services shall do one of the following:
6a. If the obligee submits a signed and notarized objection
7to any assertion in subsection 1, paragraphs “a” through “d”,
8deny the request and notify the parties in writing that the
9application is denied, providing reasons for the denial, and
10notifying the parties of the right to proceed through private
11counsel. Denial of the application is not subject to contested
12case proceedings or further review pursuant to chapter 17A.
13b. If the obligee does not timely submit a signed and
14notarized objection to the unit child support services, prepare
15an order which shall be submitted, along with supporting
16documents, to a judge of a district court for approval,
17suspending the accruing support obligation. If the basis for
18suspension applies to at least one but not all of the children
19for whom support is ordered and the support order includes a
20step change, the unit child support services shall prepare an
21order suspending the accruing support obligation for each child
22to whom the basis for suspension applies.
234. An order approved by the court for suspension of an
24accruing support obligation is effective upon the date of
25filing of the suspension order.
265. An order suspending an accruing support obligation
27entered by the court pursuant to this section shall be
28considered a temporary order for the period of six months from
29the date of filing of the suspension order. However, the
30six-month period shall not include any time during which an
31application for reinstatement is pending before the court.
326. During the six-month period, the unit child support
33services may request that the court reinstate the accruing
34support order or obligation if any of the following conditions
35exist:
-603- 1a. Upon application to the unit child support services by
2either party or other person who has physical custody of the
3child.
4b. Upon the receipt of public assistance benefits pursuant
5to chapter 239B, 249A, or a comparable law of another state
6or foreign country, by the person entitled to receive support
7and the child on whose behalf support is paid, provided that
8the person owing the support is not considered to be a member
9of the same household as the child for the purposes of public
10assistance eligibility.
117. If a condition under subsection 6 exists, the unit
12 child support services may request that the court reinstate an
13accruing support obligation as follows:
14a. If the basis for the suspension no longer applies to any
15of the children for whom an accruing support obligation was
16suspended, the unit child support services shall request that
17the court reinstate the accruing support obligations for all of
18the children.
19b. If the basis for the suspension continues to apply to
20at least one but not all of the children for whom an accruing
21support obligation was suspended and if the support order
22includes a step change, the unit child support services
23 shall request that the court reinstate the accruing support
24obligation for each child for whom the basis for the suspension
25no longer applies.
268. Upon filing of an application for reinstatement, service
27of the application shall be made either in person or by first
28class mail upon the parties. Within ten days following the
29date of service, a party may file a written objection with
30the clerk of the district court to the entry of an order for
31reinstatement.
32a. If no objection is filed, the court may enter an order
33reinstating the accruing support obligation without additional
34notice.
35b. If an objection is filed, the clerk of court shall set
-604-1the matter for hearing and send notice of the hearing to the
2parties and the unit child support services.
39. a. The reinstatement is effective as follows:
4(1) For reinstatements initiated under subsection 6,
5paragraph “a”, the date the notices were served on the parties
6pursuant to subsection 8.
7(2) For reinstatements initiated under subsection 6,
8paragraph “b”, the date the child began receiving public
9assistance benefits during the suspension of the obligation.
10b. Support which became due during the period of suspension
11but prior to the reinstatement is waived and not due and owing
12unless the suspension was made under false pretenses.
1310. If the order suspending a support obligation has been
14on file with the court for a period exceeding six months as
15computed pursuant to subsection 5, the order becomes final by
16operation of law and terminates the support obligation, and
17thereafter, a party seeking to establish a support obligation
18against either party shall bring a new action for support as
19provided by law.
2011. Legal representation of the unit child support services
21 shall be provided pursuant to section 252B.7, subsection 4.
2212. This section shall not limit the rights of a party or
23the unit child support services to proceed by other means to
24suspend, terminate, modify, reinstate, or establish support.
2513. This section does not provide for the suspension or
26retroactive modification of support obligations which accrued
27prior to the entry of an order suspending enforcement and
28collection of support pursuant to this section.
2914. Nothing in this section shall prohibit or limit the
30unit child support services or a party entitled to receive
31support from enforcing and collecting any unpaid or unsatisfied
32support that accrued prior to the suspension of the accruing
33obligation.
3415. For the purposes of chapter 252H regarding the criteria
35for a review under subchapter II of that chapter or for a
-605-1cost-of-living alteration under subchapter IV of that chapter,
2if a support obligation is terminated or reinstated under
3this section, such termination or reinstatement shall not be
4considered a modification of the support order.
516. As used in this section, unless the context otherwise
6requires, “step change” means a change designated in a support
7order specifying the amount of the child support obligation
8as the number of children entitled to support under the order
9changes.
1017. As specified in this section, if the child for whom
11support is ordered is not receiving public assistance pursuant
12to chapter 239B, 249A, or a comparable law of another state
13or foreign country, upon request by the obligor, the unit
14 child support services may facilitate the suspension of the
15child support order or obligation if the child is residing
16with a caretaker, who is a natural person, and who has not
17requested the unit child support services to provide services
18under this chapter. The obligor and the caretaker shall sign
19a notarized affidavit attesting to the conditions under this
20section, consent to the suspension of the support order or
21obligation, and submit the affidavit to the unit child support
22services. Upon the receipt of public assistance benefits
23pursuant to chapter 239B, 249A, or a comparable law of another
24state or foreign country, by the child on whose behalf support
25is ordered, or upon application to the unit child support
26services by either party or the caretaker, the unit child
27support services may, within the time periods specified in this
28section, request the reinstatement of the accruing support
29order or obligation pursuant to this section.
3018. The department may adopt all necessary and proper rules
31to administer and interpret this section.
32 Sec. 866. Section 252B.21, Code 2023, is amended to read as
33follows:
34252B.21 Administrative seek employment orders.
351. For any support order being enforced by the unit child
-606-1support services, the unit child support services may enter
2an ex parte order requiring the obligor to seek employment
3if employment of the obligor cannot be verified and if the
4obligor has failed to make support payments. Advance notice is
5not required prior to entering the ex parte order. The order
6shall be served upon the obligor by regular mail, with proof of
7service completed as provided in rule of civil procedure 1.442.
8The unit Child support services shall file a copy of the order
9with the clerk of the district court.
102. The order to seek employment shall contain directives,
11including all of the following:
12a. That the obligor seek employment within a determinate
13amount of time.
14b. That the obligor file with the unit child support
15services on a weekly basis a report of at least five new
16attempts to find employment or of having found employment. The
17report shall include the names, addresses, and the telephone
18numbers of any employers or businesses with whom the obligor
19attempted to seek employment and the name of the individual
20contact to whom the obligor made application for employment or
21to whom an inquiry was directed.
22c. That failure to comply with the notice is evidence of a
23willful failure to pay support under section 598.23A.
24d. That the obligor shall provide the child support recovery
25unit services with verification of any reason for noncompliance
26with the order.
27e. The duration of the order, not to exceed three months.
283. The department may establish additional criteria or
29requirements relating to seek employment orders by rule as
30necessary to implement this section.
31 Sec. 867. Section 252B.22, subsection 1, unnumbered
32paragraph 1, Code 2023, is amended to read as follows:
33The child Child support recovery unit services created in
34this chapter shall establish a task force to assist in the
35development and implementation of all of the following:
-607-1 Sec. 868. Section 252B.23, Code 2023, is amended to read as
2follows:
3252B.23 Surcharge.
41. A surcharge shall be due and payable by the obligor on
5a support arrearage identified as difficult to collect and
6referred by the unit child support services on or after January
71, 1998, to a collection entity under contract with the unit
8 child support services or other state entity. The amount of
9the surcharge shall be a percent of the amount of the support
10arrearage referred to the collection entity and shall be
11specified in the contract with the collection entity. For the
12purpose of this chapter, a “collection entity” includes but is
13not limited to a state agency, including the central collection
14unit of the department of revenue, or a private collection
15agency. Use of a collection entity is in addition to any
16other legal means by which support payments may be collected.
17The unit Child support services shall continue to use other
18enforcement actions, as appropriate.
192. a. Notice that a surcharge may be assessed on a support
20arrearage referred to a collection entity pursuant to this
21section shall be provided to an obligor in accordance with one
22of the following as applicable:
23(1) In the order establishing or modifying the support
24obligation. The unit Child support services or the district
25court shall include notice in any new or modified support order
26issued on or after July 1, 1997.
27(2) Through notice sent by the unit child support services
28 by regular mail to the last known address of the support
29obligor.
30b. The notice shall also advise that any appropriate
31information may be provided to a collection entity for purposes
32of administering and enforcing the surcharge.
333. Arrearages submitted for referral and surcharge pursuant
34to this section shall meet all of the following criteria:
35a. The arrearages owed shall be based on a court or
-608-1administrative order which establishes the support obligation.
2b. The arrearage is due for a case in which the unit
3 child support services is providing services pursuant to this
4chapter and one for which the arrearage has been identified as
5difficult to collect by the unit child support services.
6c. The obligor was provided notice pursuant to subsection 2
7at least fifteen days prior to sending the notice of referral
8pursuant to subsection 4.
94. The unit Child support services shall send notice of
10referral to the obligor by regular mail to the obligor’s last
11known address, with proof of service completed according to
12rule of civil procedure 1.442, at least thirty days prior to
13the date the arrearage is referred to the collection entity.
14The notice shall inform the obligor of all of the following:
15a. The arrearage will be referred to a collection entity.
16b. Upon referral, a surcharge is due and payable by the
17obligor.
18c. The amount of the surcharge.
19d. That the obligor may avoid referral by paying the amount
20of the arrearage to the collection services center within
21twenty days of the date of notice of referral.
22e. That the obligor may contest the referral by submitting a
23written request for review of the unit child support services.
24The request shall be received by the unit child support
25services within twenty days of the date of the notice of
26referral.
27f. The right to contest the referral is limited to a mistake
28of fact, which includes a mistake in the identity of the
29obligor, a mistake as to fulfillment of the requirements for
30referral under this subsection, or a mistake in the amount of
31the arrearages.
32g. The unit Child support services shall issue a written
33decision following a requested review.
34h. Following the issuance of a written decision by the unit
35 child support services denying that a mistake of fact exists,
-609-1the obligor may request a hearing to challenge the surcharge
2by sending a written request for a hearing to the office of
3the unit which issued the decision child support services.
4The request shall be received by the office of the unit which
5issued the decision child support services within ten days of
6the unit’s child support services’ written decision. The only
7grounds for a hearing shall be mistake of fact. Following
8receipt of the written request, the unit which receives the
9request child support services shall certify the matter for
10hearing in the district court in the county in which the
11underlying support order is filed.
12i. The address of the collection services center for payment
13of the arrearages.
145. If the obligor pays the amount of arrearage within twenty
15days of the date of the notice of referral, referral of the
16arrearage to a collection entity shall not be made.
176. If the obligor requests a review or court hearing
18pursuant to this section, referral of the arrearages shall be
19stayed pending the decision of the unit child support services
20 or the court.
217. Actions of the unit child support services under this
22section shall not be subject to contested case proceedings or
23further review pursuant to chapter 17A and any resulting court
24hearing shall be an original hearing before the district court.
25However, the department shall establish, by rule pursuant to
26chapter 17A, an internal process to provide an additional
27review by the administrator of the child support recovery unit
28 director or the administrator’s director’s designee.
298. If an obligor does not pay the amount of the arrearage,
30does not contest the referral, or if following the unit’s
31 child support services’ review and any court hearing the unit
32 child support services or the court does not find a mistake
33of fact, the arrearages shall be referred to a collection
34entity. Following the review or hearing, if the unit child
35support services or the court finds a mistake in the amount
-610-1of the arrearage, the arrearages shall be referred to the
2collection entity in the appropriate arrearage amount. For
3arrearages referred to a collection entity, the obligor shall
4pay a surcharge equal to a percent of the amount of the support
5arrearage due as of the date of the referral. The surcharge
6is in addition to the arrearages and any other fees or charges
7owed, and shall be enforced by the collection entity as
8provided under section 252B.5. Upon referral to the collection
9entity, the surcharge is an automatic judgment against the
10obligor.
119. The director or the director’s designee may file a notice
12of the surcharge with the clerk of the district court in the
13county in which the underlying support order is filed. Upon
14filing, the clerk shall enter the amount of the surcharge on
15the lien index and judgment docket.
1610. Following referral of a support arrearage to a
17collection entity, the surcharge shall be due and owing and
18enforceable by a collection entity or the unit child support
19services notwithstanding satisfaction of the support obligation
20or whether the collection entity is enforcing a support
21arrearage. However, the unit child support services may waive
22payment of all or a portion of the surcharge if waiver will
23facilitate the collection of the support arrearage.
2411. All surcharge payments shall be received and disbursed
25by the collection services center. The surcharge payments
26received by the collection services center shall be considered
27repayment receipts as defined in section 8.2 and shall be used
28to pay the costs of any contracts with a collection entity.
2912. a. A payment received by the collection services center
30which meets all the following conditions shall be allocated as
31specified in paragraph “b”:
32(1) The payment is for a case in which arrearages have been
33referred to a collection entity.
34(2) A surcharge is assessed on the arrearages.
35(3) The payment is collected under the provisions of the
-611-1contract with the collection entity.
2b. A payment meeting all of the conditions in paragraph “a”
3shall be allocated between support and costs and fees, and the
4surcharge according to the following formula:
5(1) The payment shall be divided by the sum of one hundred
6percent plus the percent specified in the contract.
7(2) The quotient shall be the amount allocated to the
8support arrearage and other fees and costs.
9(3) The difference between the dividend and the quotient
10shall be the amount allocated to the surcharge.
1113. Any computer or software programs developed and any
12records used in relation to a contract with a collection entity
13remain the property of the department.
14 Sec. 869. Section 252B.24, Code 2023, is amended to read as
15follows:
16252B.24 State case registry.
171. Beginning October 1, 1998, the unit Child support
18services shall operate a state case registry to the extent
19determined by applicable time frames and other provisions of
2042 U.S.C. §654a(e) and this section. The unit Child support
21services and the judicial branch shall enter into a cooperative
22agreement for the establishment and operation of the registry
23by the unit child support services. The state case registry
24shall include records with respect to all of the following:
25a. Unless prohibited by federal law, each case for which
26services are provided under this chapter.
27b. Each order for support, as defined in section 252D.16 or
28598.1, which meets at least one of the following criteria:
29(1) The support order is established or modified in this
30state on or after October 1, 1998.
31(2) The income of the obligor is subject to income
32withholding under chapter 252D, including any support order for
33which the district court enters an ex parte order under chapter
34252D on or after October 1, 1998.
352. The clerk of the district court shall provide the
-612-1unit child support services with any information, orders,
2or documents requested by the unit child support services
3 to establish or operate the state case registry, which are
4specified in the agreement described in subsection 1, within
5the time frames specified in that agreement. The agreement
6shall include but is not limited to provisions to provide for
7all of the following:
8a. Provision to the unit child support services of
9information, orders, and documents necessary for the unit child
10support services to meet requirements described in 42 U.S.C.
11§654a(e) and this section.
12b. Provision to the unit child support services of
13information filed with the clerk of the district court by a
14party under section 598.22B, and the social security number
15of a child filed with the clerk of the district court under
16section 602.6111.
17c. Use of automation, as appropriate, to meet the
18requirements described in 42 U.S.C. §654a(e) and this section.
193. The records of the state case registry are confidential
20records pursuant to chapter 22 and may only be disclosed or
21used as provided in section 252B.9.
22 Sec. 870. Section 252B.25, Code 2023, is amended to read as
23follows:
24252B.25 Contempt — combining actions.
25Notwithstanding any provision of law to the contrary, if
26an obligor has been ordered to provide support in more than
27one order, the unit child support services may bring a single
28action for contempt to enforce the multiple orders. However,
29if the obligor objects to the consolidation of the actions
30regarding multiple orders into a single action for contempt,
31and the court determines that severance of the single action
32into multiple actions is in the interest of justice, the
33unit child support services shall bring multiple actions for
34contempt to enforce the multiple orders. If the single action
35is brought and the obligor does not object, the unit child
-613-1support services shall file the action in the district court of
2a county where the obligor resides, or if the obligor does not
3reside in the state, in the district court of the county where
4at least one of the support orders was entered or registered.
5For the purposes of this section, the district court where
6the unit child support services files the action shall have
7jurisdiction and authority over all other support orders for
8the obligor entered or registered by a court of this state and
9affected under this section. In such case, the unit child
10support services shall also file a document with the clerk of
11court in each county affected specifying the county where the
12action under this section was filed and the disposition of the
13action.
14 Sec. 871. Section 252B.26, Code 2023, is amended to read as
15follows:
16252B.26 Service of process.
17Notwithstanding any provision of law to the contrary, the
18unit child support services may serve a petition, notice, or
19rule to show cause under this chapter or chapter 252A, 252C,
20252F, 252H, 252K, 598, or 665 as specified in each chapter, or
21as follows:
221. The unit Child support services may serve a petition,
23notice, or rule to show cause by certified mail. Return
24acknowledgment is required to prove service by certified mail,
25rules of civil procedure 1.303(5) and 1.308(5) shall not apply,
26and the return acknowledgment shall be filed with the clerk of
27court.
282. The unit Child support services may serve a notice
29of intent under chapter 252H, or a notice of decision under
30section 252H.14A, upon any party or parent who is receiving
31family investment program assistance for the parent or child by
32sending the notice by regular mail to the address maintained by
33the department. Rules of civil procedure 1.303(5) and 1.308(5)
34shall not apply and the unit child support services shall file
35proof of service as provided in chapter 252H. If the notice is
-614-1determined to be undeliverable, the unit child support services
2 shall serve the notice as otherwise provided in this section
3or by personal service.
4 Sec. 872. Section 252B.27, Code 2023, is amended to read as
5follows:
6252B.27 Use of funding for additional positions.
71. The director, within the limitations of the amount
8appropriated for the unit child support services, or moneys
9transferred for this purpose from the family investment program
10account created in section 239B.11, may establish new positions
11and add employees to the unit child support services if the
12director determines that both the current and additional
13employees together can reasonably be expected to maintain or
14increase net state revenue at or beyond the budgeted level for
15the fiscal year.
162. a. The director may establish new positions and add
17state employees to the unit child support services or contract
18for delivery of services if the director determines the
19employees are necessary to replace county-funded positions
20eliminated due to termination, reduction, or nonrenewal of
21a chapter 28E contract. However, the director must also
22determine that the resulting increase in the state share of
23child support recovery services incentives exceeds the cost
24of the positions or contract, the positions or contract are
25necessary to ensure continued federal funding of the unit
26 child support services, or the new positions or contract can
27reasonably be expected to recover at least twice the amount of
28money necessary to pay the salaries and support for the new
29positions or the contract will generate at least two hundred
30percent of the cost of the contract.
31b. Employees in full-time positions that transition
32from county government to state government employment under
33this subsection are exempt from testing, selection, and
34appointment provisions of chapter 8A, subchapter IV, and from
35the provisions of collective bargaining agreements relating to
-615-1the filling of vacant positions.
2 Sec. 873. Section 252C.1, Code 2023, is amended to read as
3follows:
4252C.1 Definitions.
5As used in this chapter, unless the context otherwise
6requires:
71. “Administrator” means the administrator of the child
8support recovery unit of the department of human services, or
9the administrator’s designee.
102. 1. “Caretaker” means a parent, relative, guardian,
11or another person who is responsible for paying foster care
12costs pursuant to chapter 234 or whose needs are included in an
13assistance payment made pursuant to chapter 239B.
142. “Child support services” means child support services
15created in section 252B.2.
163. “Court order” means a judgment or order requiring the
17payment of a set or determinable amount of monetary support.
18For orders entered on or after July 1, 1990, unless the court
19specifically orders otherwise, medical support, as defined
20in section 252E.1, is not included in the amount of monetary
21support.
224. “Department” means the department of health and human
23services.
245. “Dependent child” means a person who meets the
25eligibility criteria established in chapter 234 or 239B and
26whose support is required by chapter 234, 239B, 252A, 252F,
27598, or 600B.
286. “Director” means the director of health and human
29services.
306. 7. “Medical support” means medical support as defined
31in section 252E.1.
327. 8. “Public assistance” means foster care costs paid by
33the department pursuant to chapter 234 or assistance provided
34pursuant to chapter 239B.
358. 9. “Responsible person” means a parent, relative,
-616-1guardian, or another person legally liable for the support of a
2child or a child’s caretaker.
3 Sec. 874. Section 252C.2, Code 2023, is amended to read as
4follows:
5252C.2 Assignment — creation of support debt — subrogation.
61. If public assistance is provided by the department
7to or on behalf of a dependent child or a dependent child’s
8caretaker, there is an assignment by operation of law to the
9department of any and all right in, title to, and interest in
10any support obligation, payment, and arrearages owed to or for
11the child or caretaker up to the amount of public assistance
12paid for or on behalf of the child or caretaker. Unless
13otherwise specified in the order, an equal and proportionate
14share of any child support awarded is presumed to be payable
15on behalf of each child subject to the order or judgment for
16purposes of an assignment under this section. For family
17investment program assistance, section 239B.6 shall apply.
182. The payment of public assistance to or for the benefit of
19a dependent child or a dependent child’s caretaker creates a
20support debt due and owing to the department by the responsible
21person in an amount equal to the public assistance payment,
22except that the support debt is limited to the amount of
23a support obligation established by court order or by the
24administrator department. The administrator department may
25establish a support debt as to amounts accrued and accruing
26pursuant to section 598.21B. However, when establishing a
27support obligation against a responsible person, no debt shall
28be created for the period during which the responsible person
29is a recipient on the person’s own behalf of public assistance
30for the benefit of the dependent child or the dependent child’s
31caretaker, if any of the following conditions exist:
32a. The parents have reconciled and are cohabiting, and the
33child for whom support would otherwise be sought is living in
34the same residence as the parents.
35b. The child is living with the parent from whom support
-617-1would otherwise be sought.
23. The provision of child support collection or paternity
3determination services under chapter 252B to an individual,
4even though the individual is ineligible for public assistance,
5creates a support debt due and owing to the individual or the
6individual’s child or ward by the responsible person in the
7amount of a support obligation established by court order or
8by the administrator department. The administrator department
9 may establish a support debt in favor of the individual or the
10individual’s child or ward and against the responsible person,
11both as to amounts accrued and accruing, pursuant to section
12598.21B.
134. The payment of medical assistance pursuant to chapter
14249A for the benefit of a dependent child or a dependent
15child’s caretaker creates a support debt due and owing to the
16department. The administrator department may establish an
17order for medical support.
185. The department is subrogated to the rights of a dependent
19child or a dependent child’s caretaker to bring a court action
20or to execute an administrative remedy for the collection
21of support. The administrator department may petition an
22appropriate court for modification of a court order on the same
23grounds as a party to the court order can petition the court
24for modification.
25 Sec. 875. Section 252C.3, Code 2023, is amended to read as
26follows:
27252C.3 Notice of support debt — failure to respond —
28hearing — order.
291. The administrator department may issue a notice stating
30the intent to secure an order for either medical support as
31provided in chapter 252E or payment of an accrued or accruing
32support debt due and owed to the department or an individual
33under section 252C.2, or both. The notice shall be served upon
34the responsible person in accordance with the rules of civil
35procedure. The notice shall include all of the following:
-618- 1a. A statement that the support obligation will be set
2pursuant to the child support guidelines established pursuant
3to section 598.21B, and the criteria established pursuant to
4section 252B.7A, and that the responsible person is required to
5provide medical support in accordance with chapter 252E.
6b. The name of a public assistance recipient and the name of
7the dependent child or caretaker for whom the public assistance
8is paid.
9c. (1) A statement that if the responsible person desires
10to discuss the amount of support that a responsible person
11should be required to pay, the responsible person may, within
12ten days after being served, contact the office of the child
13support recovery unit which sent the notice services and
14request a negotiation conference.
15(2) A statement that if a negotiation conference is
16requested, then the responsible person shall have ten days from
17the date set for the negotiation conference or thirty days from
18the date of service of the original notice, whichever is later,
19to send a request for a hearing to the office of the child
20support recovery unit which issued the notice services.
21(3) A statement that after the holding of the negotiation
22conference, the administrator department may issue a new notice
23and finding of financial responsibility for child support or
24medical support, or both, to be sent to the responsible person
25by regular mail addressed to the responsible person’s last
26known address, or if applicable, to the last known address of
27the responsible person’s attorney.
28(4) A statement that if the administrator department issues
29a new notice and finding of financial responsibility for child
30support or medical support, or both, then the responsible
31person shall have thirty days from the date of issuance of the
32new notice to send a request for a hearing to the office of the
33 child support recovery unit which issued the notice services.
34If the administrator department does not issue a new notice
35and finding of financial responsibility for child support or
-619-1medical support, or both, the responsible party shall have ten
2days from the date of issuance of the conference report to send
3a request for a hearing to the office of the child support
4recovery unit which issued the conference report services.
5d. A statement that if the responsible person objects
6to all or any part of the notice or finding of financial
7responsibility for child support or medical support, or both,
8and a negotiation conference is not requested, the responsible
9person shall, within thirty days of the date of service send to
10the office of the child support recovery unit which issued the
11notice services a written response setting forth any objections
12and requesting a hearing.
13e. A statement that if a timely written request for a
14hearing is received by the office of the child support recovery
15unit which issued the notice services, the responsible person
16shall have the right to a hearing to be held in district
17court; and that if no timely written response is received, the
18administrator department may enter an order in accordance with
19the notice and finding of financial responsibility for child
20support or medical support, or both.
21f. A statement that, as soon as the order is entered, the
22property of the responsible person is subject to collection
23action, including but not limited to wage withholding,
24garnishment, attachment of a lien, and execution.
25g. A statement that the responsible person shall notify the
26administrator department of any change of address, employment,
27or medical coverage as required by chapter 252E.
28h. A statement that if the responsible person has any
29questions, the responsible person should telephone or visit an
30office of the child support recovery unit services or consult
31an attorney.
32i. Such other information as the administrator department
33 finds appropriate.
342. The time limitations for requesting a hearing in
35subsection 1 may be extended by the administrator department.
-620- 13. If a timely written response setting forth objections and
2requesting a hearing is received by the appropriate office of
3the child support recovery unit services, a hearing shall be
4held in district court.
54. If timely written response and request for hearing is
6not received by the appropriate office of the child support
7recovery unit services, the administrator department may enter
8an order in accordance with the notice, and shall specify all
9of the following:
10a. The amount of monthly support to be paid, with directions
11as to the manner of payment.
12b. The amount of the support debt accrued and accruing in
13favor of the department.
14c. The name of the custodial parent or agency having custody
15of the dependent child and the name and birth date of the
16dependent child for whom support is to be paid.
17d. That the property of the responsible person is subject
18to collection action, including but not limited to wage
19withholding, garnishment, attachment of a lien, and execution.
20e. The medical support required pursuant to chapter 598 and
21rules adopted pursuant to chapter 252E.
225. The responsible person shall be sent a copy of the order
23by regular mail addressed to the responsible person’s last
24known address, or if applicable, to the last known address of
25the responsible person’s attorney. The order is final, and
26action by the administrator department to enforce and collect
27upon the order, including arrearages and medical support, or
28both, may be taken from the date of approval of the order by the
29court pursuant to section 252C.5.
30 Sec. 876. Section 252C.4, Code 2023, is amended to read as
31follows:
32252C.4 Certification to court — hearing — default.
331. A responsible person or the child support recovery
34unit services may request a hearing regarding a determination
35of support. If a timely written request for a hearing is
-621-1received, the administrator department shall certify the matter
2to the district court as follows:
3a. If the child or children reside in Iowa, and the unit
4 child support services is seeking an accruing obligation, in
5the county in which the dependent child or children reside.
6b. If the child or children received public assistance in
7Iowa, and the unit child support services is seeking only an
8accrued obligation, in the county in which the dependent child
9or children last received public assistance.
10c. If the action is the result of a request from another
11state or foreign country to establish support by a responsible
12person located in Iowa, in the county in which the responsible
13person resides.
142. The certification shall include true copies of the
15notice and finding of financial responsibility or notice of the
16support debt accrued and accruing, the return of service, the
17written objections and request for hearing, and true copies of
18any administrative orders previously entered.
193. The court shall set the matter for hearing and notify the
20parties of the time and place of hearing.
214. The court shall establish the monthly child support
22payment and the amount of the support debt accrued and accruing
23pursuant to section 598.21B, or medical support pursuant to
24chapter 252E, or both.
255. If a party fails to appear at the hearing, upon a showing
26of proper notice to that party, the court shall find that party
27in default and enter an appropriate order.
286. Actions initiated by the administrator department under
29this chapter are not subject to chapter 17A and resulting court
30hearings following certification shall be an original hearing
31before the district court.
327. If a responsible person contests an action initiated
33under this chapter by denying paternity, the following shall
34apply, as necessary:
35a. (1) If the prior determination of paternity is based on
-622-1an affidavit of paternity filed pursuant to section 252A.3A, or
2an administrative order entered pursuant to chapter 252F, or an
3order by the courts of this state, or by operation of law when
4the mother and established father are or were married to each
5other, the provisions of section 600B.41A are applicable.
6(2) If the court determines that the prior determination of
7paternity should not be overcome pursuant to section 600B.41A,
8and that the responsible person has a duty to provide support,
9the court shall enter an order establishing the monthly child
10support payment and the amount of the support debt accrued
11and accruing pursuant to section 598.21B, or medical support
12pursuant to chapter 252E, or both.
13b. If the prior determination of paternity is based on an
14administrative or court order or other means, pursuant to the
15laws of another state or foreign country, an action to overcome
16the prior determination of paternity shall be filed in that
17jurisdiction. Unless the responsible person requests and is
18granted a stay of an action initiated under this chapter to
19establish child or medical support, the action shall proceed as
20otherwise provided by this chapter.
21 Sec. 877. Section 252C.5, Code 2023, is amended to read as
22follows:
23252C.5 Filing and docketing of financial responsibility order
24— order effective as district court decree.
251. A true copy of any order entered by the administrator
26 department pursuant to this chapter, along with a true copy
27of the return of service, if applicable, may be filed in
28the office of the clerk of the district court in the manner
29established pursuant to section 252C.4, subsection 1.
302. The administrator’s department’s order shall be
31presented, ex parte, to the district court for review and
32approval. Unless defects appear on the face of the order or on
33the attachments, the district court shall approve the order.
34The approved order shall have all the force, effect, and
35attributes of a docketed order or decree of the district court.
-623- 13. Upon filing, the clerk shall enter the order in the
2judgment docket.
34. If the responsible party appeals the order approved
4by the court under this section, and the court on appeal
5establishes an amount of support which is less than the amount
6of support established under the approved order, the court, in
7the order issued on appeal, shall reconcile the amounts due
8and shall provide that any amount which represents the unpaid
9difference between the amount under the approved order and the
10amount under the order of the court on appeal is satisfied.
11 Sec. 878. Section 252C.6, Code 2023, is amended to read as
12follows:
13252C.6 Interest on support debts.
14Interest accrues on support debts at the rate provided
15in section 535.3 for court judgments. The administrator
16 department may collect the accrued interest but is not required
17to maintain interest balance accounts. The department Child
18support services may waive payment of the interest if the
19waiver will facilitate the collection of the support debt.
20 Sec. 879. Section 252C.8, Code 2023, is amended to read as
21follows:
22252C.8 Temporary restraining order or bond.
23If the administrator department reasonably believes that the
24responsible person is not a resident of this state, is about to
25move from this state, or is concealing the responsible person’s
26whereabouts, or that the responsible person has removed or
27is about to remove, secrete, waste, or otherwise dispose of
28property which could be made subject to collection procedures
29to satisfy the support debt, the administrator department may
30petition the district court for a temporary restraining order
31barring the removal, secretion, waste, or disposal. However,
32if the responsible person furnishes a bond satisfactory to the
33court, the temporary restraining order shall be vacated.
34 Sec. 880. Section 252C.12, Code 2023, is amended to read as
35follows:
-624- 1252C.12 Waiver of time limitations by responsible person.
21. A responsible person may waive the time limitations
3established in section 252C.3.
42. Upon receipt of a signed statement from each responsible
5person waiving the time limitations established in section
6252C.3, the administrator department may proceed to enter an
7order for support and the court may approve the order, whether
8or not the time limitations have expired.
93. If a responsible person waives the time limitations
10established in section 252C.3 and an order for support is
11entered under this chapter, the signed statement of the
12responsible person waiving the time limitations shall be filed
13with the order for support.
14 Sec. 881. Section 252D.1, Code 2023, is amended to read as
15follows:
16252D.1 Delinquent support payments.
17If support payments ordered under this chapter or chapter
18232, 234, 252A, 252C, 252E, 252F, 598, 600B, or any other
19applicable chapter, or under a comparable statute of another
20state or foreign country, as certified to the child support
21recovery unit established in section 252B.2 services, are not
22paid to the clerk of the district court or the collection
23services center pursuant to section 598.22 or, as appropriate,
24a comparable government entity in another state as provided
25in chapter 252K, and become delinquent in an amount equal to
26the payment for one month, the child support recovery unit
27 services may enter an ex parte order or, upon application of a
28person entitled to receive the support payments, the district
29court may enter an ex parte order, notifying the person whose
30income is to be withheld, of the delinquent amount, of the
31amount of income to be withheld, and of the procedure to
32file a motion to quash the order for income withholding, and
33ordering the withholding of specified sums to be deducted
34from the delinquent person’s income as defined in section
35252D.16 sufficient to pay the support obligation and, except as
-625-1provided in section 598.22, requiring the payment of such sums
2to the clerk of the district court or the collection services
3center or, as appropriate, a comparable government entity
4in another state as provided in chapter 252K. All income
5withholding payments shall be paid to the collection services
6center or, as appropriate, a comparable government entity in
7another state as provided in chapter 252K. Notification of
8income withholding shall be provided to the obligor and to the
9payor of income pursuant to section 252D.17.
10 Sec. 882. Section 252D.8, Code 2023, is amended to read as
11follows:
12252D.8 Persons subject to immediate income withholding.
131. In a support order issued or modified on or after
14November 1, 1990, for which services are being provided by the
15 child support recovery unit services, and in any support orders
16issued or modified after January 1, 1994, for which services
17are not provided by the child support recovery unit services,
18the income of a support obligor is subject to withholding, on
19the effective date of the order, regardless of whether support
20payments by the obligor are in arrears. If services are being
21provided pursuant to chapter 252B, the child support recovery
22unit services may enter an ex parte order for an immediate
23withholding of income. The district court may enter an ex
24parte order for immediate income withholding for cases in which
25the child support recovery unit services is not providing
26services. The income of the obligor is subject to immediate
27withholding unless one of the following occurs:
28a. One of the parties demonstrates and the court or child
29support recovery unit services finds there is good cause not to
30require immediate withholding. A finding of good cause shall
31be based on, at a minimum, written findings and conclusions by
32the court or administrative authority as to why implementing
33immediate withholding would not be in the best interests of the
34child. In cases involving modifications, the findings shall
35also include proof of timely payment of previously ordered
-626-1support.
2b. A written agreement is reached between both parties
3which provides for an alternative arrangement. If the support
4payments have been assigned to the department of human services
5 pursuant to chapter 234 or 239B, or a comparable statute of
6another jurisdiction, the department shall be considered a
7party to the support order, and a written agreement pursuant
8to this section to waive immediate withholding is void unless
9approved by the child support recovery unit services. Any
10agreement existing at the time an assignment of support is made
11pursuant to chapter 234 or 239B or pursuant to a comparable
12statute of another jurisdiction shall not prevent the child
13support recovery unit services from implementing immediate
14withholding.
152. For an order not requiring immediate withholding, income
16of an obligor is subject to immediate withholding, without
17regard to whether there is an arrearage, on the earliest of the
18following:
19a. The date the obligor requests that the withholding begin.
20b. The date the custodial parent or party to the proceeding
21requests that the withholding begin, if the request is approved
22by the district court or, in cases in which services are
23being provided pursuant to chapter 252B, if the child support
24recovery unit services approves the request.
25 Sec. 883. Section 252D.16, Code 2023, is amended to read as
26follows:
27252D.16 Definitions.
28As used in this chapter, unless the context otherwise
29requires:
301. “Child support services” means the same as child
31supported services created in section 252B.2.
322. “Department” means the department of health and human
33services.
341. 3. “Income” means all of the following:
35a. Any periodic form of payment due an individual,
-627-1regardless of source, including but not limited to wages,
2salaries, commissions, bonuses, workers’ compensation,
3disability payments, payments pursuant to a pension or
4retirement program, and interest.
5b. A sole payment or lump sum as provided in section
6252D.18C, including but not limited to payment from an estate
7including inheritance, or payment for personal injury or
8property damage.
9c. Irregular income as defined in section 252D.18B.
102. 4. “Payor of income” or “payor” means and includes, but
11is not limited to, an obligor’s employer, trustee, the state
12of Iowa and all governmental subdivisions and agencies and any
13other person from whom an obligor receives income.
143. 5. “Support” or “support payments” means any amount
15which the court or administrative agency may require a person
16to pay for the benefit of a child under a temporary order or a
17final judgment or decree entered under chapter 232, 234, 252A,
18252C, 252F, 252H, 598, 600B, or any other comparable chapter,
19and may include child support, maintenance, medical support as
20defined in chapter 252E, spousal support, and any other term
21used to describe these obligations. These obligations may
22include support for a child of any age who is dependent on the
23parties to the dissolution proceedings because of physical or
24mental disability. The obligations may include support for
25a child eighteen or more years of age with respect to whom a
26child support order has been issued pursuant to the laws of
27another state or foreign country. These obligations shall
28not include amounts for a postsecondary education subsidy as
29defined in section 598.1.
30 Sec. 884. Section 252D.16A, Code 2023, is amended to read
31as follows:
32252D.16A Income withholding order — child support recovery
33unit services.
34If support payments are ordered under this chapter, chapter
35232, 234, 252A, 252C, 252E, 252F, 252H, 598, 600B, or any other
-628-1applicable chapter, or under a comparable statute of another
2state or foreign country, and if income withholding relative
3to such support payments is allowed under this chapter, the
4 child support recovery unit services may enter an ex parte
5order notifying the person whose income is to be withheld
6of the procedure to file a motion to quash the order for
7income withholding, and ordering the withholding of sums to
8be deducted from the delinquent person’s income as defined in
9section 252D.16 sufficient to pay the support obligation and
10requiring the payment of such sums to the collection services
11center or, as appropriate, a comparable government entity in
12another state as provided in chapter 252K. The child Child
13 support recovery unit services shall include the amount of
14any delinquency and the amount to be withheld in the notice
15provided to the obligor pursuant to section 252D.17A. Notice
16of income withholding shall be provided to the obligor and to
17the payor of income pursuant to sections 252D.17 and 252D.17A.
18 Sec. 885. Section 252D.17, subsection 1, unnumbered
19paragraph 1, Code 2023, is amended to read as follows:
20The district court shall provide notice by sending a copy
21of the order for income withholding or a notice of the order
22for income withholding to the obligor and the obligor’s payor
23of income by regular mail, with proof of service completed
24according to rule of civil procedure 1.442. The child Child
25 support recovery unit services shall provide notice of the
26income withholding order by sending a notice of the order to
27the obligor’s payor of income by regular mail or by electronic
28means. Proof of service may be completed according to rule
29of civil procedure 1.442. The child Child support recovery
30unit’s services’ notice of the order may be sent to the payor
31of income on the same date that the order is sent to the clerk
32of court for filing. In all other instances, the income
33withholding order shall be filed with the clerk of court prior
34to sending the notice of the order to the payor of income. In
35addition to the amount to be withheld for payment of support,
-629-1the order or the notice of the order shall be in a standard
2format as prescribed by the unit child support services and
3shall include all of the following information regarding the
4duties of the payor in implementing the withholding order:
5 Sec. 886. Section 252D.17, subsection 1, paragraphs g and i,
6Code 2023, are amended to read as follows:
7g. The withholding is binding on the payor until further
8notice by the court or the child support recovery unit
9 services.
10i. The payor shall promptly notify the court or the child
11support recovery unit services when the obligor’s employment or
12other income terminates, and provide the obligor’s last known
13address and the name and address of the obligor’s new employer,
14if known.
15 Sec. 887. Section 252D.17A, Code 2023, is amended to read
16as follows:
17252D.17A Notice to obligor of implementation of income
18withholding order.
19The child Child support recovery unit services or the
20district court shall send a notice of the income withholding
21order to the obligor at the time the notice is sent to the payor
22of income.
23 Sec. 888. Section 252D.18, Code 2023, is amended to read as
24follows:
25252D.18 Modification or termination of withholding.
261. The court or the child support recovery unit services
27 may, by ex parte order, modify a previously entered income
28withholding order if the court or the unit child support
29services determines any of the following:
30a. There has been a change in the amount of the current
31support obligation.
32b. The amount required to be withheld under the income
33withholding order is in error.
34c. Any past due support debt has been paid in full. Should
35a delinquency later accrue, the withholding order may be
-630-1modified to secure payment toward the delinquency.
2d. There has been a change in the rules adopted by the
3department pursuant to chapter 17A regarding the amount of
4income to be withheld to pay a delinquency.
52. The child Child support recovery unit services may modify
6an amount specified in an income withholding order or notice of
7income withholding by providing notice to the payor of income
8and the obligor pursuant to sections 252D.17 and 252D.17A.
93. The court or the child support recovery unit services
10 may, by ex parte order, terminate an income withholding order
11when the current support obligation has terminated and when
12the delinquent support obligation has been fully satisfied
13as applicable to all of the children covered by the income
14withholding order. The unit Child support services may, by
15ex parte order, terminate an income withholding order when
16the unit child support services will no longer be providing
17services under chapter 252B, or when another state or foreign
18country will be providing services under Tit.IV-D of the
19federal Social Security Act or a comparable law in a foreign
20country.
214. In no case shall payment of overdue support be the sole
22basis for termination of withholding.
23 Sec. 889. Section 252D.18A, subsections 1 and 4, Code 2023,
24are amended to read as follows:
251. The total of all amounts withheld shall not exceed the
26amounts specified in 15 U.S.C. §1673(b). For orders or notices
27issued by the child support recovery unit services, the limit
28for the amount to be withheld shall be specified in the order
29or notice.
304. The payor shall identify and report payments by the
31obligor’s name, account number, amount, and date withheld
32pursuant to section 252D.17. If payments for multiple obligees
33are combined, the portion of the payment attributable to each
34obligee shall be specifically identified only if the payor is
35directed to do so by the child support recovery unit services.
-631-1 Sec. 890. Section 252D.18B, Code 2023, is amended to read
2as follows:
3252D.18B Irregular income.
4When payment of income is irregular, and an order for
5immediate or mandatory income withholding has been entered by
6the child support recovery unit services or the district court,
7the income payor shall withhold income equal to the total that
8would have been withheld had there been regular monthly income.
9The amounts withheld shall not exceed the amounts specified
10in 15 U.S.C. §1673(b). For the purposes of this section, an
11income source is irregular when there are periods in excess of
12one month during which the income payor makes no payment to the
13obligor and the periods are not the result of termination or
14suspension of employment.
15 Sec. 891. Section 252D.18C, Code 2023, is amended to read
16as follows:
17252D.18C Withholding from lump sum payments.
18The child Child support recovery unit services or the
19district court may enter an ex parte order for income
20withholding when the obligor is paid by a lump sum income
21source. When a sole payment is made or payment occurs at
22two-month or greater intervals, the withholding order may
23include all current and delinquent support due through the
24current month, but shall not exceed the amounts specified in
2515 U.S.C. §1673(b).
26 Sec. 892. Section 252D.19A, subsection 2, Code 2023, is
27amended to read as follows:
282. If the unit child support services takes an enforcement
29action during a calendar year against an obligor and the
30obligor is not delinquent or in arrears solely due to the
31applicability of this section to the obligor, upon discovering
32the circumstances, the unit child support services shall
33promptly discontinue the enforcement action.
34 Sec. 893. Section 252D.20, Code 2023, is amended to read as
35follows:
-632- 1252D.20 Administration of income withholding procedures.
2The child Child support recovery unit services is designated
3as the entity of the state to administer income withholding in
4accordance with the procedures specified for keeping adequate
5records to document, track, and monitor support payments on
6cases subject to Tit.IV-D of the federal Social Security
7Act. The collection services center is designated as the
8entity for administering income withholding for cases which are
9not subject to Tit.IV-D. The collection services center’s
10responsibilities for administering income withholding in cases
11not subject to Tit.IV-D are limited to the receipt, recording,
12and disbursement of income withholding payments and to
13responding to requests for information on the current status of
14support payments pursuant to section 252B.13A. Notwithstanding
15section 622.53, in cases where the court or the child support
16recovery unit services is enforcing an order of another state
17or foreign country through income withholding, a certified copy
18of the underlying judgment is sufficient proof of authenticity.
19 Sec. 894. Section 252D.22, Code 2023, is amended to read as
20follows:
21252D.22 Rules.
22The department shall adopt the administrative rules
23necessary to implement the provisions of this chapter as they
24pertain to the operations of the child support recovery unit
25 services.
26 Sec. 895. Section 252D.23, Code 2023, is amended to read as
27follows:
28252D.23 Filing of withholding order — order effective as
29district court order.
30An income withholding order entered by the child support
31recovery unit services pursuant to this chapter shall be
32filed with the clerk of the district court. In lieu of any
33signature on the order which may otherwise be required by law
34or rule, the order shall have affixed the name and address
35of the appropriate child support office services. For the
-633-1purposes of demonstrating compliance by the payor of income,
2the copy of the withholding order or the notice of the order
3received, whether or not the copy of the order is file-stamped,
4shall have all the force, effect, and attributes of a docketed
5order of the district court including, but not limited to,
6availability of contempt of court proceedings against a
7payor of income for noncompliance. However, any information
8contained in the income withholding order or the notice of the
9order related to the amount of the accruing or accrued support
10obligation which does not reflect the correct amount of support
11due does not modify the underlying support judgment.
12 Sec. 896. Section 252E.1, Code 2023, is amended to read as
13follows:
14252E.1 Definitions.
15As used in this chapter, unless the context otherwise
16requires:
171. “Accessible” means any of the following, unless otherwise
18provided in the support order:
19a. The health benefit plan does not have service area
20limitations or provides an option not subject to service area
21limitations.
22b. The health benefit plan has service area limitations and
23the dependent lives within thirty miles or thirty minutes of a
24network primary care provider.
252. “Basic coverage” means health care coverage that at a
26minimum provides coverage for emergency care, inpatient and
27outpatient hospital care, physician services whether provided
28within or outside a hospital setting, and laboratory and x-ray
29services.
303. “Cash medical support” means a monetary amount that
31a parent is ordered to pay to the obligee in lieu of that
32parent providing health care coverage, which amount is five
33percent of the gross income of the parent ordered to pay the
34monetary amount or, if the child support guidelines established
35pursuant to section 598.21B specifically provide an alternative
-634-1income-based numeric standard for determining the amount,
2the amount determined by the standard specified by the child
3support guidelines. “Cash medical support” is an obligation
4separate from any monetary amount a parent is ordered to pay
5for uncovered medical expenses pursuant to the guidelines
6established pursuant to section 598.21B.
74. “Child” means a person for whom child or medical support
8may be ordered pursuant to chapter 234, 239B, 252A, 252C, 252F,
9252H, 252K, 598, 600B, or any other chapter of the Code or
10pursuant to a comparable statute of another state or foreign
11country.
125. “Child support services” means child support services
13created in section 252B.1.
145. 6. “Department” means the department of health and
15 human services, which includes but is not limited to the child
16support recovery unit services, or any comparable support
17enforcement agency of another state.
186. 7. “Dependent” means a child, or an obligee for whom
19a court may order health care coverage pursuant to section
20252E.3.
217. 8. “Enroll” means to be eligible for and covered by a
22health benefit plan.
238. 9. “Health benefit plan” means any policy or contract
24of insurance, indemnity, subscription, or membership issued
25by an insurer, health service corporation, health maintenance
26organization, or any similar corporation or organization, any
27public coverage, or any self-insured employee benefit plan,
28for the purpose of covering medical expenses. These expenses
29may include but are not limited to hospital, surgical, major
30medical insurance, dental, optical, prescription drugs, office
31visits, or any combination of these or any other comparable
32health care expenses.
339. 10. “Health care coverage” or “coverage” means providing
34and paying for the medical needs of a dependent through a
35health benefit plan.
-635- 110. 11. “Insurer” means any entity, including a health
2service corporation, health maintenance organization, or any
3similar corporation or organization, or an employer offering
4self-insurance, that provides a health benefit plan, but does
5not include an entity that provides public coverage.
611. 12. “Medical support” means either the provision of
7health care coverage or the payment of cash medical support.
8“Medical support” is not alimony.
912. 13. “National medical support notice” means a notice
10as prescribed under 42 U.S.C. §666(a)(19) or a substantially
11similar notice, that is issued and forwarded by the department
12in accordance with section 252E.4 to enforce the health care
13coverage provisions of a support order. The national medical
14support notice is not applicable to a provider of public
15coverage.
1613. 14. “Obligee” means a parent or another natural person
17legally entitled to receive a support payment on behalf of a
18child.
1914. 15. “Obligor” means a parent or another natural person
20legally responsible for the support of a dependent.
2115. 16. “Order” means a support order entered pursuant to
22chapter 234, 252A, 252C, 252F, 252H, 252K, 598, 600B, or any
23other support chapter, or pursuant to a comparable statute of
24another state or foreign country, or an ex parte order entered
25pursuant to section 252E.4. “Order” also includes a notice of
26such an order issued by the department.
2716. 17. “Plan administrator” means the employer or sponsor
28that offers the health benefit plan or the person to whom the
29duty of plan administrator is delegated by the employer or
30sponsor offering the health benefit plan, by written agreement
31of the parties. “Plan administrator” does not include a
32provider of public coverage.
3317. 18. “Primary care provider” means a physician who
34provides primary care who is a family or general practitioner,
35a pediatrician, an internist, an obstetrician, or a
-636-1gynecologist; an advanced registered nurse practitioner; or a
2physician assistant.
318. 19. “Public coverage” means health care benefits
4provided by any form of federal or state medical assistance,
5including but not limited to benefits provided under chapter
6249A or 514I, or under comparable laws of another state,
7foreign country, or Indian nation or tribe.
819. “Unit” or “child support recovery unit” means unit as
9defined in section 252B.1.
10 Sec. 897. Section 252E.1A, subsection 1, Code 2023, is
11amended to read as follows:
121. This section shall apply to all initial or modified
13orders for support entered under chapter 234, 252A, 252C, 252F,
14252H, 598, 600B, or any other applicable chapter. If an action
15to establish or modify an order for support is initiated by the
16 child support recovery unit services, section 252E.1B shall
17also apply.
18 Sec. 898. Section 252E.1B, Code 2023, is amended to read as
19follows:
20252E.1B Establishing and modifying orders for medical support
21— actions initiated by child support recovery unit services.
221. If the child support recovery unit services is initiating
23an action to establish or modify support, this section shall
24apply in addition to the provisions of section 252E.1A.
252. The unit Child support services shall apply the following
26order of priority when the unit child support services enters
27or seeks an order for medical support:
28a. If the custodial parent is currently providing coverage
29for the child under a health benefit plan other than public
30coverage, and the plan is available as described in section
31252E.1A, subsection 3, the unit child support services shall
32enter or seek an order for the custodial parent to provide
33coverage.
34b. If the noncustodial parent is currently providing
35coverage for the child under a health benefit plan other than
-637-1public coverage, and the plan is available as described in
2section 252E.1A, subsection 3, the unit child support services
3 shall enter or seek an order for the noncustodial parent to
4provide coverage.
5c. If a health benefit plan other than public coverage is
6available as described in section 252E.1A, subsection 3, to the
7custodial parent, the unit child support services shall enter
8or seek an order for the custodial parent to provide coverage.
9d. If a health benefit plan other than public coverage is
10available as described in section 252E.1A, subsection 3, to
11the noncustodial parent, the unit child support services shall
12enter or seek an order for the noncustodial parent to provide
13coverage.
14e. If a health benefit plan other than public coverage
15is not available to either parent, and the custodial parent
16has public coverage for the child, the unit child support
17services shall enter or seek an order for the custodial parent
18to provide health care coverage and shall enter or seek an
19order for the noncustodial parent to pay cash medical support.
20However, if any of the circumstances described in section
21252E.1A, subsection 4, paragraph “a”, “b”, or “c” is met, the
22unit child support services shall enter or seek an order as
23specified by the applicable paragraph.
243. Notwithstanding subsection 2, if there is an order for
25joint physical care for the child and the parties subject to
26the support order, the unit child support services shall apply
27the following order of priority when the unit child support
28services enters or seeks an order for medical support:
29a. If only one parent is currently providing coverage
30for the child under a health benefit plan other than public
31coverage, and the plan is available as described in section
32252E.1A, subsection 3, the unit child support services shall
33enter or seek an order for that parent to provide coverage.
34b. If both parents are currently providing coverage for the
35child under a health benefit plan other than public coverage,
-638-1and both plans are available as described in section 252E.1A,
2subsection 3, the unit child support services shall enter or
3seek an order for both parents to provide coverage.
4c. If neither parent is currently providing coverage
5for the child under a health benefit plan other than public
6coverage, and a health benefit plan other than public coverage
7is available as described in section 252E.1A, subsection 3, to
8one parent, the unit child support services shall enter or seek
9an order for that parent to provide coverage.
10d. If neither parent is currently providing coverage
11for the child under a health benefit plan other than public
12coverage, and a health benefit plan other than public coverage
13is available as described in section 252E.1A, subsection 3, to
14both parents, the unit child support services shall enter or
15seek an order for both parents to provide coverage.
16e. If a health benefit plan other than public coverage
17is not available to either parent and one parent has public
18coverage for the child, the unit child support services shall
19enter or seek an order for that parent to provide health care
20coverage.
214. The child Child support recovery unit services or the
22court shall not order any modification to an existing medical
23support order in a proceeding conducted solely pursuant to
24chapter 252H, subchapter IV.
25 Sec. 899. Section 252E.2, subsection 2, paragraph a, Code
262023, is amended to read as follows:
27a. The name and the last known mailing address of the
28participant and the name and mailing address of each child
29covered by the order except that, to the extent provided in
30the order, the name and mailing address of an official of the
31department may be substituted for the mailing address of the
32child.
33 Sec. 900. Section 252E.2A, Code 2023, is amended to read as
34follows:
35252E.2A Satisfaction of medical support order.
-639- 1This section shall apply if the child support recovery unit
2 services is providing services under chapter 252B.
31. Notwithstanding any law to the contrary and without
4a court order, a medical support order for a child shall be
5deemed satisfied with regard to the department, the child, the
6obligor, and the obligee for the period during which all of the
7following conditions are met:
8a. The order is issued under any applicable chapter of the
9Code.
10b. The unit Child support services is notified that the
11conditions of paragraph “c” are met and the parent ordered to
12provide medical support submits a written statement to the unit
13 child support services that the requirements of paragraph “c”
14are met.
15c. The parent ordered to provide medical support meets at
16least one of the following conditions:
17(1) The parent is an inmate of an institution under the
18control of the department of corrections or a comparable
19institution in another state.
20(2) The parent’s monthly child support obligation under
21the guidelines established pursuant to section 598.21B is the
22minimum obligation amount.
23(3) The parent is a recipient of assistance under chapter
24239B or 249A, or under comparable laws of another state.
25(4) The parent is residing with any child for whom the
26parent is legally responsible and that child is a recipient
27of assistance under chapter 239B, 249A, or 514I, or under
28comparable laws of another state. For purposes of this
29subparagraph, “legally responsible” means the parent has a legal
30obligation to the child as specified in Iowa court rule 9.7 of
31the child support guidelines.
32d. The unit Child support services files a notice of
33satisfaction with the clerk of the district court. The
34effective date of the satisfaction shall be stated in the
35notice and the effective date shall be no later than forty-five
-640-1days after the unit child support services issues the notice of
2satisfaction.
32. If a medical support order is satisfied under subsection
41, the satisfaction shall continue until all of the following
5apply:
6a. The unit Child support services is notified that none of
7the conditions specified in subsection 1, paragraph “c”, still
8applies.
9b. The unit Child support services files a satisfaction
10termination notice that the requirements for a satisfaction
11under this section no longer apply. The effective date shall
12be stated in the satisfaction termination notice and the
13effective date shall be no later than forty-five days after the
14unit child support services issues the satisfaction termination
15notice.
163. The unit Child support services shall mail a copy of the
17notice of satisfaction and the satisfaction termination notice
18to the last known address of the obligor and obligee.
194. The department of human services may match data for
20enrollees of the hawk-i Hawki program created pursuant to
21chapter 514I with data of the unit child support services to
22assist the unit child support services in implementing this
23section.
245. An order, decree, or judgment entered or pending on or
25before July 1, 2009, that provides for the support of a child
26may be satisfied as provided in this section.
27 Sec. 901. Section 252E.4, subsection 1, Code 2023, is
28amended to read as follows:
291. When a support order requires an obligor to provide
30coverage under a health benefit plan other than public
31coverage, the district court or the department may enter an
32ex parte order directing an employer to take all actions
33necessary to enroll an obligor’s dependent for coverage under
34a health benefit plan or may include the provisions in an ex
35parte income withholding order or notice of income withholding
-641-1pursuant to chapter 252D. The child Child support recovery
2unit services, where appropriate, shall issue a national
3medical support notice to an employer within two business days
4after the date information regarding a newly hired employee is
5entered into the centralized employee registry and matched with
6a noncustodial parent in the case being enforced by the unit
7 child support services, or upon receipt of other employment
8information for such parent. The department may amend the
9information in the ex parte order or may amend or terminate
10the national medical support notice regarding health insurance
11provisions if necessary to comply with health insurance
12requirements including but not limited to the provisions of
13section 252E.2, subsection 2, or to correct a mistake of fact.
14 Sec. 902. Section 252E.5, subsection 8, paragraph g,
15subparagraph (3), Code 2023, is amended to read as follows:
16(3) If the obligor is not enrolled in a health benefit
17plan or is not enrolled in a health benefit plan that offers
18dependent coverage, if more than one plan with dependent
19coverage is offered by the employer, and if the notice is
20issued by the child support recovery unit services, all of the
21following shall apply:
22(a) If only one of the plans is accessible to the dependent,
23that plan shall be selected. If none of the plans with
24dependent coverage is accessible to the dependent, the unit
25 child support services shall amend or terminate the notice.
26(b) If more than one of the plans is accessible to the
27dependent, the plan selected shall be the plan that provides
28basic coverage for which the employee’s share of the premium
29is lowest.
30(c) If more than one of the plans is accessible to the
31dependent but none of the accessible plans provides basic
32coverage, the plan selected shall be a plan that is accessible
33and for which the employee’s share of the premium is lowest.
34(d) If the employee’s share of the premiums is the same
35under all plans described in subparagraph (b) or (c), the
-642-1unit child support services shall attempt to consult with the
2obligee when selecting the plan. If the obligee does not
3respond within ten days of the unit’s child support services’
4 attempt, the unit child support services shall select a plan
5which shall be the plan’s default option, if any, or the plan
6with the lowest deductibles and copayment requirements.
7 Sec. 903. Section 252E.5, subsection 8, paragraph h,
8subparagraph (2), Code 2023, is amended to read as follows:
9(2) If the dependent is or is to be enrolled, notify the
10obligor, the obligee, and the child and furnish the obligee
11with necessary information. Provide the child support recovery
12unit services with the type of health benefit plan under which
13the dependent has been enrolled, including whether dental,
14optical, office visits, and prescription drugs are covered
15services.
16 Sec. 904. Section 252E.6A, subsections 1 and 3, Code 2023,
17are amended to read as follows:
181. An obligor may move to quash the order to the employer
19under section 252E.4 by following the same procedures and
20alleging a mistake of a fact as provided in section 252D.31
21or as provided in subsection 2. If the unit child support
22services is enforcing an income withholding order and a medical
23support order simultaneously, any challenge to the income
24withholding order and medical support enforcement shall be
25filed and heard simultaneously.
263. The employer shall comply with the requirements of this
27chapter until the employer receives notice that a motion to
28quash has been granted, or that the unit child support services
29 has amended or terminated the national medical support notice.
30 Sec. 905. Section 252F.1, Code 2023, is amended to read as
31follows:
32252F.1 Definitions.
33As used in this chapter unless the context otherwise
34requires:
351. “Administrator” means the administrator of the child
-643-1support recovery unit of the department of human services or
2the administrator’s designee.
32. 1. “Child” means a person who is less than age eighteen
4or a person who is age eighteen but less than age nineteen
5and is engaged full-time in completing high school graduation
6or equivalency requirements in a manner which is reasonably
7expected to result in completion of the requirements prior to
8the person reaching age nineteen.
92. “Child support services” means the same as child support
10services created in section 252B.2.
113. “Department” means the department of health and human
12services.
134. “Director” means the director of health and human
14services.
153. 5. “Mother” means a mother of the child for whom
16paternity is being established.
174. 6. “Party” means a putative father or a mother, as named
18in an action.
195. 7. “Paternity is at issue” means any of the following
20conditions:
21a. A child was not born or conceived within marriage.
22b. A child was born or conceived within marriage but a court
23has declared that the child is not the issue of the marriage.
246. 8. “Paternity test” means and includes any form of
25blood, tissue, or genetic testing administered to determine the
26biological father of a child.
277. 9. “Putative father” means a person alleged to be the
28biological father of a child.
298. “Unit” means the child support recovery unit created in
30section 252B.2.
31 Sec. 906. Section 252F.2, Code 2023, is amended to read as
32follows:
33252F.2 Jurisdiction.
341. In any case in which the unit child support services
35 is providing services pursuant to chapter 252B and paternity
-644-1is at issue, proceedings may be initiated by the unit child
2support services pursuant to this chapter for the sole purpose
3of establishing paternity and any accrued or accruing child
4support or medical support obligations. Proceedings under
5this chapter are in addition to other means of establishing
6paternity or support. Issues in addition to establishment of
7paternity or support obligations shall not be addressed in
8proceedings initiated under this chapter.
92. An action to establish paternity and support under this
10chapter may be brought within the time limitations set forth
11in section 614.8.
12 Sec. 907. Section 252F.3, Code 2023, is amended to read as
13follows:
14252F.3 Notice of alleged paternity and support debt —
15conference — request for hearing.
161. The unit Child support services may prepare a notice
17of alleged paternity and support debt to be served on a
18party if the mother of the child or a government official
19with knowledge of the circumstances of possible paternity
20relying on government records provides a written statement
21to the department of human services certifying in accordance
22with section 622.1 that the putative father is or may be the
23biological father of the child or children involved. The
24notice shall be accompanied by a copy of the statement and
25served on the putative father in accordance with rule of civil
26procedure 1.305. Service upon the mother shall not constitute
27valid service upon the putative father. The notice shall
28include or be accompanied by all of the following:
29a. The name of the recipient of services under chapter 252B
30and the name and birth date of the child or children involved.
31b. A statement that the putative father has been named as
32the biological father of the child or children named.
33c. A statement that if paternity is established, the
34amount of the putative father’s monthly support obligation
35and the amount of the support debt accrued and accruing will
-645-1be established in accordance with the guidelines established
2in section 598.21B, and the criteria established pursuant to
3section 252B.7A.
4d. A statement that if paternity is established, a party has
5a duty to provide accrued and accruing medical support to the
6child or children in accordance with chapter 252E.
7e. A written explanation of the procedures for determining
8the child support obligation and a request for financial or
9income information as necessary for application of the child
10support guidelines established pursuant to section 598.21B.
11f. (1) The right of a party to request a conference
12with the unit child support services to discuss paternity
13establishment and the amount of support that a party may be
14required to provide, within ten days of the date of service of
15the original notice or, if paternity is contested and paternity
16testing is conducted, within ten days of the date the paternity
17test results are issued or mailed to a party by the unit child
18support services.
19(2) A statement that if a conference is requested, a party
20shall have one of the following time frames, whichever is the
21latest, to send a written request for a court hearing on the
22issue of support to the unit child support services:
23(a) Ten days from the date set for the conference.
24(b) Twenty days from the date of service of the original
25notice.
26(c) If paternity was contested and paternity testing
27was conducted, and a party does not deny paternity after the
28testing or challenge the paternity test results, twenty days
29from the date paternity test results are issued or mailed by
30the unit child support services to the party.
31(3) A statement that after the holding of the conference,
32the unit child support services shall issue a new notice of
33alleged paternity and finding of financial responsibility for
34child support or medical support, or both, to be provided in
35person to each party or sent to each party by regular mail
-646-1addressed to the party’s last known address or, if applicable,
2to the last known address of the party’s attorney.
3(4) A statement that if the unit child support services
4 issues a new notice of alleged paternity and finding of
5financial responsibility for child support or medical support,
6or both, a party shall have one of the following time frames,
7whichever is the latest, to send a written request for a court
8hearing on the issue of support to the unit child support
9services:
10(a) Ten days from the date of issuance of the new notice.
11(b) Twenty days from the date of service of the original
12notice.
13(c) If paternity was contested and paternity testing
14conducted, and a party does not deny paternity after the
15testing or challenge the paternity test results, twenty days
16from the date the paternity test results are issued or mailed
17to the party by the unit child support services.
18g. A statement that if a conference is not requested, and
19a party does not deny paternity or challenge the results of
20any paternity testing conducted but objects to the finding
21of financial responsibility or the amount of child support
22or medical support, or both, the party shall send a written
23request for a court hearing on the issue of support to the
24unit child support services within twenty days of the date of
25service of the original notice, or, if paternity was contested
26and paternity testing conducted, and a party does not deny
27paternity after the testing or challenge the paternity test
28results, within twenty days from the date the paternity test
29results are issued or mailed to the party by the unit child
30support services, whichever is later.
31h. A statement that if a timely written request for a
32hearing on the issue of support is received by the unit
33 child support services, the party shall have the right to a
34hearing to be held in district court and that if no timely
35written request is received and paternity is not contested,
-647-1the administrator department shall enter an order establishing
2the putative father as the father of the child or children and
3establishing child support or medical support, or both, in
4accordance with the notice of alleged paternity and support
5debt.
6i. A written explanation of the rights and responsibilities
7associated with the establishment of paternity.
8j. A written explanation of a party’s right to deny
9paternity, the procedures for denying paternity, and the
10consequences of the denial.
11k. A statement that if a party contests paternity, the party
12shall have twenty days from the date of service of the original
13notice to submit a written denial of paternity to the unit
14 child support services.
15l. A statement that if paternity is contested, the unit
16 child support services shall, at the request of the party
17contesting paternity or on its own initiative, enter an
18administrative order requiring the putative father, mother, and
19child or children involved, to submit to paternity testing.
20m. A statement that if paternity tests are conducted, the
21unit child support services shall provide a copy of the test
22results to each party in person or send a copy to each party
23by regular mail, addressed to the party’s last known address,
24or, if applicable, to the last known address of the party’s
25attorney.
26n. A statement setting forth the time frames for contesting
27paternity after paternity tests are conducted.
28o. Other information as the unit child support services
29 finds appropriate.
302. The time limitations established for the notice
31provisions under subsection 1 are binding unless otherwise
32specified in this chapter or waived pursuant to section 252F.8.
333. a. If notice is served on a party, the unit child
34support services shall file a true copy of the notice and the
35original return of service with the appropriate clerk of the
-648-1district court as follows:
2(1) In the county in which the child or children reside if
3the action is for purposes of establishing paternity and future
4child or medical support, or both.
5(2) In the county in which the child or children involved
6last received public assistance benefits in the state, if
7the action is for purposes of establishing paternity and
8child or medical support, or both, only for prior periods of
9time when the child or children received public assistance,
10and no ongoing child or medical support obligation is to be
11established by this action.
12(3) If the action is the result of a request from another
13state or foreign country to establish paternity of a putative
14father located in Iowa, in the county in which the putative
15father resides.
16b. All subsequent documents filed or court hearings held
17related to the action shall be in the district court in the
18county in which notice was filed pursuant to this subsection.
19The clerk shall file and docket the action.
204. A party or the child support recovery unit services may
21request a court hearing regarding establishment of paternity or
22a determination of support, or both.
23a. Upon receipt of a timely written response requesting
24a hearing or on its own initiative, the unit child support
25services shall certify the matter for hearing in the district
26court in the county where the original notice of alleged
27paternity and support debt is filed, in accordance with section
28252F.5.
29b. If paternity establishment was contested and paternity
30tests conducted, a court hearing on the issue of paternity
31shall be held no earlier than thirty days from the date
32paternity test results are issued to all parties by the unit
33 child support services, unless the parties mutually agree to
34waive the time frame pursuant to section 252F.8.
35c. Any objection to the results of paternity tests shall be
-649-1filed no later than twenty days after the date paternity test
2results are issued or mailed to each party by the unit child
3support services. Any objection to paternity test results
4filed by a party more than twenty days after the date paternity
5tests are issued or mailed to the party by the unit child
6support services shall not be accepted or considered by the
7court.
85. If a timely written response and request for a court
9hearing is not received by the unit child support services and
10a party does not deny paternity, the administrator department
11 shall enter an order in accordance with section 252F.4.
126. a. If a party contests the establishment of paternity,
13the party shall submit, within twenty days of service of the
14notice on the party under subsection 1, a written statement
15contesting paternity establishment to the unit child support
16services. Upon receipt of a written challenge of paternity
17establishment, or upon initiation by the unit child support
18services, the administrator department shall enter ex parte
19administrative orders requiring the mother, child or children
20involved, and the putative father to submit to paternity
21testing, except that if the mother and child or children
22previously submitted blood or genetic specimens in a prior
23action to establish paternity against a different putative
24father, the previously submitted specimens and prior results,
25if available, may be utilized for testing in this action.
26Either the mother or putative father may contest paternity
27under this chapter.
28b. The orders shall be filed with the clerk of the district
29court in the county where the notice was filed and have the
30same force and effect as a court order for paternity testing.
31c. The unit Child support services shall issue copies of the
32respective administrative orders for paternity testing to the
33mother and putative father in person, or by regular mail to the
34last known address of each, or if applicable, to the last known
35address of the attorney for each.
-650- 1d. If a paternity test is ordered under this section,
2the administrator department shall direct that inherited
3characteristics be analyzed and interpreted, and shall appoint
4an expert qualified as an examiner of genetic markers to
5analyze and interpret the results. The test shall be of a type
6generally acknowledged as reliable by accreditation entities
7designated by the secretary of the United States department
8of health and human services and shall be performed by a
9laboratory approved by an accreditation entity.
10e. The party contesting paternity shall be provided one
11opportunity to reschedule the paternity testing appointment if
12the testing is rescheduled prior to the date of the originally
13scheduled appointment.
14f. An original copy of the test results shall be filed with
15the clerk of the district court in the county where the notice
16was filed. The child Child support recovery unit services
17 shall issue a copy of the filed test results to each party in
18person, or by regular mail to the last known address of each,
19or if applicable, to the last known address of the attorney
20for each. However, if the action is the result of a request
21from another state or foreign country, the unit child support
22services shall issue a copy of the results to the initiating
23agency in that jurisdiction.
24g. Verified documentation of the chain of custody of the
25blood or genetic specimens is competent evidence to establish
26the chain of custody. The testimony of the appointed expert is
27not required. A verified expert’s report of test results which
28indicate a statistical probability of paternity is sufficient
29authenticity of the expert’s conclusion.
30h. A verified expert’s report shall be admitted as evidence
31to establish administrative paternity, and, if a court hearing
32is scheduled to resolve the issue of paternity, shall be
33admitted as evidence and is admissible at trial.
34i. If the verified expert concludes that the test results
35show that the putative father is not excluded and that the
-651-1probability of the putative father’s paternity is ninety-five
2percent or higher, there shall be a rebuttable presumption that
3the putative father is the biological father, and the evidence
4shall be sufficient as a basis for administrative establishment
5of paternity.
6(1) In order to challenge the presumption of paternity, a
7party shall file a written notice of the challenge with the
8district court within twenty days from the date the paternity
9test results are issued or mailed to all parties by the unit
10 child support services. Any challenge to a presumption of
11paternity resulting from paternity tests, or to paternity test
12results filed after the lapse of the twenty-day time frame
13shall not be accepted or admissible by the unit child support
14services or the court.
15(2) A copy of the notice challenging the presumption of
16paternity shall be provided to any other party in person, or
17by mailing the notice to the last known address of each party,
18or if applicable, to the last known address of each party’s
19attorney.
20(3) The party challenging the presumption of paternity
21has the burden of proving that the putative father is not the
22father of the child.
23(4) The presumption of paternity may be rebutted only by
24clear and convincing evidence.
25j. If the verified expert concludes that the test results
26indicate that the putative father is not excluded and that
27the probability of the putative father’s paternity is less
28than ninety-five percent, the administrator department shall
29order a subsequent administrative paternity test or certify the
30case to the district court for resolution in accordance with
31the procedures and time frames specified in paragraph “i” and
32section 252F.5.
33k. If the results of the test or the verified expert’s
34analysis are timely challenged as provided in this subsection,
35the administrator department, upon the request of a party
-652-1and advance payment by the contestant or upon the unit’s own
2 initiative of child support services, shall order that an
3additional test be performed by the same laboratory or an
4independent laboratory. If the party requesting additional
5testing does not advance payment, the administrator department
6 shall certify the case to the district court in accordance with
7paragraph “i” and section 252F.5.
8l. When a subsequent paternity test is conducted, the time
9frames in this chapter associated with paternity tests shall
10apply to the most recently completed test.
11m. If the paternity test results exclude the putative father
12as a potential biological father of the child or children,
13and additional tests are not requested by either party or
14conducted on the unit’s initiative of child support services,
15or if additional tests exclude the putative father as a
16potential biological father, the unit child support services
17 shall withdraw its action against the putative father and
18shall file a notice of the withdrawal with the clerk of the
19district court, and shall provide a copy of the notice to each
20party in person, or by regular mail sent to each party’s last
21known address, or if applicable, the last known address of the
22party’s attorney.
23n. Except as provided in paragraph “k”, the unit child
24support services shall advance the costs of genetic testing.
25If paternity is established and paternity testing was
26conducted, the unit child support services shall enter an order
27or, if the action proceeded to a court hearing, request that
28the court enter a judgment for the costs of the paternity tests
29consistent with applicable federal law. In a proceeding under
30this chapter, a copy of a bill for genetic testing shall be
31admitted as evidence without requiring third-party foundation
32testimony and shall constitute prima facie evidence of the
33amount incurred for genetic testing.
34 Sec. 908. Section 252F.4, Code 2023, is amended to read as
35follows:
-653- 1252F.4 Entry of order.
21. If each party fails to respond to the initial notice
3within twenty days after the date of service of the notice or
4fails to appear at a conference pursuant to section 252F.3 on
5the scheduled date of the conference, and paternity has not
6been contested and each party fails to timely request a court
7hearing on the issue of support, the administrator department
8 shall enter an order against the parties, declaring the
9putative father to be the legal father of the child or children
10involved and assessing any accrued and accruing child support
11obligation pursuant to the guidelines established under section
12598.21B, and medical support pursuant to chapter 252E.
132. If paternity is contested pursuant to section 252F.3,
14subsection 6, and the party contesting paternity fails to
15appear for a paternity test and fails to request a rescheduling
16pursuant to section 252F.3, or fails to appear for both the
17initial and the rescheduled paternity tests and each party
18fails to timely request a court hearing on the issue of
19support, the administrator department shall enter an order
20against the parties declaring the putative father to be the
21legal father of the child or children involved and assessing
22any accrued and accruing child support obligation pursuant to
23the guidelines established under section 598.21B, and medical
24support pursuant to chapter 252E.
253. If a conference pursuant to section 252F.3 is held,
26and paternity is not contested, and each party fails to
27timely request a court hearing on the issue of support, the
28administrator department shall enter an order against the
29parties after the second notice has been sent declaring the
30putative father to be the legal father of the child or children
31involved and assessing any accrued and accruing child support
32obligation pursuant to the guidelines established under section
33598.21B, and medical support pursuant to chapter 252E.
344. If paternity was contested and paternity testing was
35performed and the putative father was not excluded, if the
-654-1test results indicate that the probability of the putative
2father’s paternity is ninety-five percent or greater, if the
3test results are not timely challenged, and if each party fails
4to timely request a court hearing on the issue of support,
5the administrator department shall enter an order against the
6parties declaring the putative father to be the legal father of
7the child or children involved and assessing any accrued and
8accruing child support obligation pursuant to the guidelines
9established under section 598.21B, and medical support pursuant
10to chapter 252E.
115. The administrator department shall establish a support
12obligation under this section based upon the best information
13available to the unit child support services and pursuant to
14section 252B.7A.
156. The order shall contain all of the following:
16a. A declaration of paternity.
17b. The amount of monthly support to be paid, with direction
18as to the manner of payment.
19c. The amount of accrued support.
20d. The name of the custodial parent or caretaker.
21e. The name and birth date of the child or children to whom
22the order applies.
23f. A statement that property of a party ordered to provide
24support is subject to income withholding, liens, garnishment,
25tax offset, and other collection actions.
26g. The medical support required pursuant to chapter 598 and
27chapter 252E.
28h. A statement that a party who is ordered to provide
29support is required to inform the child support recovery unit
30 services, on a continuing basis, of the name and address of
31the party’s current employer, whether the party has access to
32health insurance coverage as required in the order, and if so,
33the health insurance policy information.
34i. If paternity was contested by the putative father, the
35amount of any judgment assessed to the father for costs of
-655-1paternity tests conducted pursuant to this chapter.
2j. Statements as required pursuant to section 598.22B.
37. If paternity is not contested but a party does wish
4to challenge the issues of child or medical support, the
5administrator department shall enter an order establishing
6paternity and reserving the issues of child or medical support
7for determination by the district court.
8 Sec. 909. Section 252F.5, Code 2023, is amended to read as
9follows:
10252F.5 Certification to district court.
111. Actions initiated under this chapter are not subject
12to contested case proceedings or further review pursuant to
13chapter 17A.
142. An action under this chapter may be certified to
15the district court if a party timely contests paternity
16establishment or paternity test results, or if a party requests
17a court hearing on the issues of child or medical support, or
18both, or upon the initiation of the unit child support services
19 as provided in this chapter. Review by the district court
20shall be an original hearing before the court.
213. In any action brought under this chapter, the action
22shall not be certified to the district court in a contested
23paternity action unless all of the following have occurred:
24a. Paternity testing has been completed.
25b. The results of the paternity test have been issued to all
26parties.
27c. A timely written objection to paternity establishment
28or paternity test results has been received from a party, or
29a timely written request for a court hearing on the issue
30of support has been received from a party by the unit child
31support services, or the unit child support services has
32requested a court hearing on the unit’s child support services’
33 own initiative.
344. A matter shall be certified to the district court in
35the county in which the notice was filed pursuant to section
-656-1252F.3, subsection 3.
25. The court shall set the matter for hearing and notify the
3parties of the time of and place for hearing.
46. If the court determines that the putative father is
5the legal father, the court shall establish the amount of the
6accrued and accruing child support pursuant to the guidelines
7established under section 598.21B, and shall establish medical
8support pursuant to chapter 252E.
97. If the putative father or another party contesting
10paternity fails to appear at the hearing, upon a showing
11that proper notice has been provided to the party, the court
12shall find the party in default and enter an appropriate order
13establishing paternity and support.
14 Sec. 910. Section 252F.6, Code 2023, is amended to read as
15follows:
16252F.6 Filing with the district court.
17Following issuance of an order by the administrator
18 department, the order shall be presented to an appropriate
19district court judge for review and approval. Unless a defect
20appears on the face of the order, the district court shall
21approve the order. Upon approval by the district court judge,
22the order shall be filed in the district court in the county
23in which the notice was filed pursuant to section 252F.3,
24subsection 3. Upon filing, the order has the same force and
25effect as a district court order.
26 Sec. 911. Section 252F.7, Code 2023, is amended to read as
27follows:
28252F.7 Report to state registrar of vital records statistics.
29Upon the filing of an order with the district court pursuant
30to this chapter, the clerk of the district court shall report
31the information from the order to the bureau of state registrar
32of vital records statistics in the manner provided in section
33600B.36.
34 Sec. 912. Section 252F.8, Code 2023, is amended to read as
35follows:
-657- 1252F.8 Waiver of time limitations.
21. A putative father or other party may waive the time
3limitations established in this chapter.
42. If a party does not contest paternity or wish to request
5a conference or court hearing on the issue of support, upon
6receipt of a signed statement from the putative father and
7any other party that may contest establishment of paternity,
8waiving the time limitations, the administrator department
9 shall enter an order establishing paternity and support and the
10court may approve the order, notwithstanding the expiration of
11the period of the time limitations if paternity is established.
123. If a putative father or other party waives the time
13limitations and an order establishing paternity or determining
14support, or both, is entered under this chapter, the signed
15statement of the putative father and other party waiving the
16time limitations shall be filed with the order.
17 Sec. 913. Section 252G.1, Code 2023, is amended to read as
18follows:
19252G.1 Definitions.
20As used in this chapter, unless the context otherwise
21requires:
221. “Business day” means a day on which state offices are
23open for regular business.
242. “Child support services” means child support services
25created in section 252B.2.
262. 3. “Compensation” means payment owed by the payor of
27income for:
28a. Labor or services rendered by an employee or contractor
29to the payor of income.
30b. Benefits including, but not limited to, vacation,
31holiday, and sick leave, and severance payments which are due
32an employee under an agreement with the employer or under a
33policy of the employer.
343. 4. “Contractor” means a natural person who is eighteen
35years of age or older, who performs labor in this state to
-658-1whom a payor of income makes payments which are not subject to
2withholding and for whom the payor of income is required by the
3internal revenue service to complete a 1099-MISC form.
44. 5. “Date of hire” means either of the following:
5a. The first day for which an employee is owed compensation
6by the payor of income.
7b. The first day that a contractor performs labor or
8services for the payor of income.
95. 6. “Days” means calendar days.
106. 7. “Department” means the department of health and human
11services.
127. 8. “Dependent” includes a spouse or child or any other
13person who is in need of and entitled to support from a person
14who is declared to be legally liable for the support of that
15dependent.
168. 9. “Employee” means a natural person who performs labor
17in this state and is employed by an employer in this state for
18compensation and for whom the employer withholds federal or
19state tax liabilities from the employee’s compensation.
209. 10. “Employer” means a person doing business in this
21state who engages an employee for compensation and for whom the
22employer withholds federal or state tax liabilities from the
23employee’s compensation. “Employer” includes any governmental
24entity and any labor organization.
2510. 11. “Labor organization” means any organization of
26any kind, or any agency, or employee representation committee
27or plan, in which employees participate and which exists for
28the purpose, in whole or in part, of dealing with employers
29concerning grievances, labor disputes, wages, rates of pay,
30hours of employment, or conditions of work.
3111. 12. “Natural person” means an individual and not a
32corporation, government, business trust, estate, partnership,
33proprietorship, or other legal entity, however organized.
3412. 13. “Payor of income” includes both an employer and a
35person engaged in a trade or business in this state who engages
-659-1a contractor for compensation.
213. 14. “Registry” means the central employee registry
3created in section 252G.2.
414. 15. “Rehire” means the first day for which an employee
5is owed compensation by the payor of income following a
6termination of employment lasting a minimum of six consecutive
7weeks. Termination of employment does not include temporary
8separations from employment such as unpaid medical leave, an
9unpaid leave of absence, or a temporary layoff.
1015. “Unit” means the child support recovery unit created in
11section 252B.2.
12 Sec. 914. Section 252G.2, Code 2023, is amended to read as
13follows:
14252G.2 Establishment of central employee registry.
15By January 1, 1994, the unit Child support services shall
16establish a centralized employee registry database for the
17purpose of receiving and maintaining information on newly hired
18or rehired employees from employers. The unit Child support
19services shall establish the database and the department may
20adopt rules in conjunction with the department of revenue and
21the department of workforce development to identify appropriate
22uses of the registry and to implement this chapter, including
23implementation through the entering of agreements pursuant to
24chapter 28E.
25 Sec. 915. Section 252G.3, subsection 3, paragraphs b and d,
26Code 2023, are amended to read as follows:
27b. By submitting electronic media in a format approved by
28the unit child support services in advance.
29d. By any other means authorized by the unit child support
30services in advance if the means will result in timely
31reporting.
32 Sec. 916. Section 252G.4, subsection 1, paragraph a,
33unnumbered paragraph 1, Code 2023, is amended to read as
34follows:
35Beginning January 1, 1994, a A payor of income to whom
-660-1section 252G.3 is inapplicable, who enters into an agreement
2for the performance of services with a contractor, shall report
3the contractor to the registry. Payors of income shall report
4contractors performing labor under an agreement within fifteen
5days of the date on which all of the following conditions are
6met:
7 Sec. 917. Section 252G.4, subsection 3, Code 2023, is
8amended to read as follows:
93. A payor of income required to report under this section
10may report the information required under subsection 1 by any
11written means authorized by the unit child support services
12 which results in timely reporting.
13 Sec. 918. Section 252G.5, subsection 1, Code 2023, is
14amended to read as follows:
151. The unit Child support services for program
16 administration of the child support enforcement program,
17including but not limited to activities related to
18establishment and enforcement of child and medical support
19obligations through administrative or judicial processes, and
20other services authorized pursuant to chapter 252B.
21 Sec. 919. Section 252G.7, Code 2023, is amended to read as
22follows:
23252G.7 Data entry and transmitting centralized employee
24registry records to the national new hire registry.
25The unit Child support services shall enter new hire data
26into the centralized employee directory database within five
27business days of receipt from employers and shall transmit the
28records of the centralized employee registry to the national
29directory of new hires within three business days after the
30date information regarding a newly hired employee is entered
31into the centralized employee registry.
32 Sec. 920. Section 252G.8, Code 2023, is amended to read as
33follows:
34252G.8 Income withholding requirements.
35Within two business days after the date information
-661-1regarding a newly hired employee is entered into the
2centralized employee registry and matched with obligors in
3cases being enforced by the unit child support services, the
4unit child support services shall transmit a notice to the
5employer or payor of income of the employee directing the
6employer or payor of income to withhold from the income of the
7employee in accordance with chapter 252D.
8 Sec. 921. Section 252H.1, Code 2023, is amended to read as
9follows:
10252H.1 Purpose and intent.
11This chapter is intended to provide a means for state
12compliance with Tit.IV-D of the federal Social Security
13Act, as amended, requiring states to provide procedures for
14the review and adjustment of support orders being enforced
15under Tit.IV-D of the federal Social Security Act, and also
16to provide an expedited modification process when review
17and adjustment procedures are not required, appropriate, or
18applicable. Actions under this chapter shall be initiated only
19by the child support recovery unit services.
20 Sec. 922. Section 252H.2, Code 2023, is amended to read as
21follows:
22252H.2 Definitions.
231. As used in this chapter, unless the context otherwise
24requires, “administrator”, “caretaker”, “court order”,
25“department”, “dependent child”, “medical support”, and
26“responsible person” mean the same as defined in section 252C.1.
272. As used in this chapter, unless the context otherwise
28requires:
29a. “Act” means the federal Social Security Act.
30b. “Adjustment” applies only to the child support provisions
31of a support order and means either of the following:
32(1) A change in the amount of child support based upon
33an application of the child support guidelines established
34pursuant to section 598.21B.
35(2) An addition of or change to provisions for medical
-662-1support as provided in chapter 252E.
2c. “Child” means a child as defined in section 252B.1.
3d. “Child support agency” means any state, county, or local
4office or entity of another state that has the responsibility
5for providing child support enforcement services under Tit.
6IV-D of the Act.
7e. “Child support recovery unit” or “unit” “Child support
8services” means the child support recovery unit services created
9pursuant to in section 252B.2.
10f. “Cost-of-living alteration” means a change in an existing
11child support order which equals an amount which is the
12amount of the support obligation following application of the
13percentage change of the consumer price index for all urban
14consumers, United States city average, as published in the
15federal register by the federal department of labor, bureau of
16labor statistics.
17g. “Determination of controlling order” means the process
18of identifying a child support order which must be recognized
19pursuant to section 252K.207 and 28 U.S.C. §1738B, when
20more than one state has issued a support order for the same
21child and the same obligor, and may include a reconciliation
22of arrearages with information related to the calculation.
23Registration of an order of another state or foreign country is
24not necessary for a court or the unit child support services to
25make a determination of controlling order.
26h. “Modification” means either of the following:
27(1) A change, correction, or termination of an existing
28support order.
29(2) The establishment of a child or medical support
30obligation in a previously established order entered
31pursuant to chapter 234, 252A, 252C, 598, 600B, or any other
32support proceeding, in which such support was not previously
33established, or in which support was previously established
34and subsequently terminated prior to the emancipation of the
35children affected.
-663- 1i. “Parent” means, for the purposes of requesting a review
2of a support order and for being entitled to notice under this
3chapter:
4(1) The individual ordered to pay support pursuant to the
5order.
6(2) An individual or entity entitled to receive current or
7future support payments pursuant to the order, or pursuant to a
8current assignment of support including but not limited to an
9agency of this or any other state that is currently providing
10public assistance benefits to the child for whom support is
11ordered and any child support agency. Service of notice of
12an action initiated under this chapter on an agency is not
13required, but the agency may be advised of the action by other
14means.
15j. “Public assistance” means benefits received in this state
16or any other state, under Tit.IV-A (temporary assistance to
17needy families), IV-E (foster care), or XIX (Medicaid) of the
18Act.
19k. “Review” means an objective evaluation conducted through
20a proceeding before a court, administrative body, or an agency,
21of information necessary for the application of a state’s
22mandatory child support guidelines to determine:
23(1) The appropriate monetary amount of support.
24(2) Provisions for medical support.
25l. “State” means “state” as defined in chapter 252K.
26m. “Support order” means an order for support issued
27pursuant to this chapter, chapter 232, 234, 252A, 252C, 252E,
28252F, 598, 600B, or any other applicable chapter, or under
29a comparable statute of another state or foreign country as
30registered with the clerk of court or certified to the child
31support recovery unit services.
32 Sec. 923. Section 252H.3, subsections 2 and 3, Code 2023,
33are amended to read as follows:
342. Nonsupport issues shall not be considered by the unit
35 child support services or the court in any action resulting
-664-1under this chapter.
23. Actions initiated by the unit child support services
3 under this chapter shall not be subject to contested case
4proceedings or further review pursuant to chapter 17A and
5resulting court hearings following certification shall be an
6original hearing before the district court.
7 Sec. 924. Section 252H.4, Code 2023, is amended to read as
8follows:
9252H.4 Role of the child support recovery unit services.
101. The unit Child support services may administratively
11adjust or modify or may provide for an administrative
12cost-of-living alteration of a support order entered under
13chapter 234, 252A, 252C, 598, or 600B, or any other support
14chapter if the unit child support services is providing
15enforcement services pursuant to chapter 252B.The unit
16 Child support services is not required to intervene to
17administratively adjust or modify or provide for an
18administrative cost-of-living alteration of a support order
19under this chapter.
202. The unit Child support services is a party to an action
21initiated pursuant to this chapter.
223. The unit Child support services shall conduct a review
23to determine whether an adjustment is appropriate or, upon
24the request of a parent or upon the unit’s child support
25services’ own initiative, determine whether a modification is
26appropriate.
274. The unit Child support services shall adopt rules
28pursuant to chapter 17A to establish the process for the review
29of requests for adjustment, the criteria and procedures for
30conducting a review and determining when an adjustment is
31appropriate, the procedure and criteria for a cost-of-living
32alteration, the criteria and procedure for a request for review
33pursuant to section 252H.18A, and other rules necessary to
34implement this chapter.
355. Legal representation of the unit child support services
-665-1 shall be provided pursuant to section 252B.7, subsection 4.
2 Sec. 925. Section 252H.5, Code 2023, is amended to read as
3follows:
4252H.5 Fees and cost recovery for review — adjustment —
5modification.
61. Unless the unit child support services is already
7providing support enforcement service pursuant to chapter 252B,
8a parent ordered to provide support, who requests a review of a
9support order under subchapter II, shall file an application
10for services pursuant to section 252B.4.
112. A parent requesting a service shall pay the fee
12established for that service as established under this
13subsection. The fees established are not applicable to a
14parent who as a condition of eligibility for receiving public
15assistance benefits has assigned the rights to child or medical
16support for the order to be reviewed. The following fees shall
17be paid for the following services:
18a. A fee for conducting the review, to be paid at the time
19the request for review is submitted to the unit child support
20services. If the request for review is denied for any reason,
21the fee shall be refunded to the parent making the request.
22Any request submitted without full payment of the fee shall be
23denied.
24b. A fee for a second review requested pursuant to section
25252H.17, to be paid at the time the request for the second
26review is submitted to the unit child support services. Any
27request submitted without full payment of the fee shall be
28denied.
29c. A fee for activities performed by the unit child support
30services in association with a court hearing requested pursuant
31to section 252H.8.
32d. A fee for activities performed by the unit child support
33services in entering an administrative order to adjust support
34when neither parent requests a court hearing pursuant to
35section 252H.8. The fee shall be paid during the postreview
-666-1waiting period under section 252H.17. If the fee is not paid
2in full during the postreview notice period, further action
3shall not be taken by the unit child support services to adjust
4the order unless the parent not requesting the adjustment
5pays the fee in full during the postreview waiting period,
6or unless the children affected by the order reviewed are
7currently receiving public assistance benefits and the proposed
8adjustment would result in either an increase in the amount of
9support or in provisions for medical support for the children.
10e. A fee for conducting a conference requested pursuant to
11section 252H.20.
123. A parent who requests a review of a support order
13pursuant to section 252H.13, shall pay any service of process
14fees for service or attempted service of the notice required
15in section 252H.15. The unit Child support services shall not
16proceed to conduct a review pursuant to section 252H.16 until
17service of process fees have been paid in full. The service of
18process fee requirement of this subsection is not applicable
19to a parent who as a condition of eligibility for public
20assistance benefits has assigned the rights to child or medical
21support for the order to be reviewed. Service of process fees
22charged by a person other than the unit child support services
23 are distinct from any other fees and recovery of costs provided
24for in this section.
254. The unit Child support services shall, consistent with
26applicable federal law, recover administrative costs in excess
27of any fees collected pursuant to subsections 2 and 3 for
28providing services under this chapter and shall adopt rules
29providing for collection of fees for administrative costs.
305. The unit Child support services shall adopt rules
31pursuant to chapter 17A to establish procedures and criteria to
32determine the amount of any fees specified in this section and
33the administrative costs in excess of these fees.
34 Sec. 926. Section 252H.6, Code 2023, is amended to read as
35follows:
-667- 1252H.6 Collection of information.
2The unit Child support services may request, obtain, and
3validate information concerning the financial circumstances
4of the parents of a child as necessary to determine the
5appropriate amount of support pursuant to the guidelines
6established in section 598.21B, including but not limited to
7those sources and procedures described in sections 252B.7A and
8252B.9. The collection of information does not constitute a
9review conducted pursuant to section 252H.16.
10 Sec. 927. Section 252H.7, Code 2023, is amended to read as
11follows:
12252H.7 Waiver of notice periods and time limitations.
131. A parent may waive the fifteen-day prereview waiting
14period provided for in section 252H.16.
15a. Upon receipt of signed requests from both parents
16waiving the prereview waiting period, the unit child support
17services may conduct a review of the support order prior to
18the expiration of the fifteen-day period provided in section
19252H.16.
20b. If the parents jointly waive the prereview waiting period
21and the order under review is subsequently adjusted, the signed
22statements of both parents waiving the waiting period shall be
23filed in the court record with the order adjusting the support
24obligation.
252. A parent may waive the postreview waiting period provided
26for in section 252H.8, subsection 2 or 7, for a court hearing
27or in section 252H.17 for requesting of a second review.
28a. Upon receipt of signed requests from both parents subject
29to the order reviewed, waiving the postreview waiting period,
30the unit child support services may enter an administrative
31order adjusting the support order, if appropriate, prior to the
32expiration of the postreview waiting period.
33b. If the parents jointly waive the postreview waiting
34period and an administrative order to adjust the support order
35is entered, the signed statements of both parents waiving the
-668-1waiting period shall be filed in the court record with the
2administrative order adjusting the support obligation.
33. A parent may waive the time limitations established in
4section 252H.8, subsection 3, for requesting a court hearing,
5or in section 252H.20 for requesting a conference.
6a. Upon receipt of signed requests from both parents who
7are subject to the order to be modified, waiving the time
8limitations, the unit child support services may proceed to
9enter an administrative modification order.
10b. If the parents jointly waive the time limitations and
11an administrative modification order is entered under this
12chapter, the signed statements of both parents waiving the
13time limitations shall be filed in the court record with the
14administrative modification order.
15 Sec. 928. Section 252H.8, Code 2023, is amended to read as
16follows:
17252H.8 Certification to court — hearing — default.
181. For actions initiated under section 252H.15, either
19parent or the unit child support services may request a court
20hearing within fifteen days from the date of issuance of the
21notice of decision under section 252H.16, or within ten days
22of the date of issuance of the second notice of decision under
23section 252H.17, whichever is later.
242. For actions initiated under section 252H.14A, either
25parent or the unit child support services may request a court
26hearing within ten days of the issuance of the second notice of
27decision under section 252H.17.
283. For actions initiated under subchapter III, either
29parent or the unit child support services may request a court
30hearing within the latest of any of the following time periods:
31a. Twenty days from the date of successful service of the
32notice of intent to modify required under section 252H.19.
33b. Ten days from the date scheduled for a conference to
34discuss the modification action.
35c. Ten days from the date of issuance of a second notice of
-669-1a proposed modification action.
24. The time limitations for requesting a court hearing
3under this section may be extended by the unit child support
4services.
55. If a timely written request for a hearing is received
6by the unit child support services, a hearing shall be held
7in district court, and the unit child support services shall
8certify the matter to the district court in the county in which
9the order subject to adjustment or modification is filed. The
10certification shall include the following, as applicable:
11a. Copies of the notice of intent to review or notice of
12intent to modify.
13b. The return of service, proof of service, acceptance of
14service, or signed statement by the parent requesting review
15and adjustment or requesting modification, waiving service of
16the notice.
17c. Copies of the notice of decision and any revised notice
18as provided in section 252H.16.
19d. Copies of any written objections to and request for a
20second review or conference or hearing.
21e. Copies of any second notice of decision issued pursuant
22to section 252H.17, or second notice of proposed modification
23action issued pursuant to section 252H.20.
24f. Copies of any financial statements and supporting
25documentation provided by the parents including proof of
26a substantial change in circumstances for a request filed
27pursuant to section 252H.18A.
28g. Copies of any computation worksheet prepared by the
29unit child support services to determine the amount of support
30calculated using the mandatory child support guidelines
31established under section 598.21B, and, if appropriate and the
32social security disability provisions of sections 598.22 and
33598.22C apply, a determination of the amount of delinquent
34support due.
35h. A certified copy of each order, issued by another state
-670-1or foreign country, considered in determining the controlling
2order.
36. The court shall set the matter for hearing and notify the
4parties of the time and place of the hearing.
57. For actions initiated under section 252H.15, a hearing
6shall not be held for at least sixteen days following the date
7of issuance of the notice of decision unless the parents have
8jointly waived, in writing, the fifteen-day postreview period.
98. Pursuant to section 252H.3, the district court shall
10review the matter as an original hearing before the court.
119. Issues subject to review by the court in any hearing
12resulting from an action initiated under this chapter shall be
13limited to the issues identified in section 252H.3.
1410. Notwithstanding any other law to the contrary, if more
15than one support order exists involving children with the same
16legally established parents, one hearing on all of the affected
17support orders shall be held in the district court in the
18county where the unit child support services files the action.
19For the purposes of this subsection, the district court hearing
20the matter shall have jurisdiction over all other support
21orders entered by a court of this state and affected under this
22subsection.
2311. The court shall establish the amount of child support
24pursuant to section 598.21B, or medical support pursuant to
25chapter 252E, or both.
2612. If a party fails to appear at the hearing, upon a
27showing of proper notice to the party, the court may find the
28party in default and enter an appropriate order.
29 Sec. 929. Section 252H.9, Code 2023, is amended to read as
30follows:
31252H.9 Filing and docketing of administrative adjustment or
32modification order — order effective as district court order.
331. If timely request for a court hearing is not made
34pursuant to section 252H.8, the unit child support services
35 shall prepare and present an administrative order for
-671-1adjustment or modification, as applicable, for review and
2approval, ex parte, to the district court where the order to
3be adjusted or modified is filed. Notwithstanding any other
4law to the contrary, if more than one support order exists
5involving children with the same legally established parents,
6for the purposes of this subsection, the district court
7reviewing and approving the matter shall have jurisdiction over
8all other support orders entered by a court of this state and
9affected under this subsection.
102. For orders to which subchapter II or III is applicable,
11the unit child support services shall determine the appropriate
12amount of the child support obligation using the current child
13support guidelines established pursuant to section 598.21B
14and the criteria established pursuant to section 252B.7A and
15shall determine the provisions for medical support pursuant to
16chapter 252E.
173. The administrative order prepared by the unit child
18support services shall specify all of the following:
19a. The amount of support to be paid and the manner of
20payment.
21b. The name of the custodian of any child for whom support
22is to be paid.
23c. The name of the parent ordered to pay support.
24d. The name and birth date of any child for whom support is
25to be paid.
26e. That the property of the responsible person is subject
27to collection action, including but not limited to wage
28withholding, garnishment, attachment of a lien, and other
29methods of execution.
30f. Provisions for medical support.
31g. If applicable, the order determined to be the controlling
32order.
33h. If applicable, the amount of delinquent support due based
34upon the receipt of social security disability payments as
35provided in sections 598.22 and 598.22C.
-672- 14. Supporting documents as described in section 252H.8,
2subsection 5, may be presented to the court with the
3administrative order, as applicable.
45. Unless defects appear on the face of the order or on the
5attachments, the district court shall approve the order. Upon
6filing, the approved order shall have the same force, effect,
7and attributes of an order of the district court.
86. Upon filing, the clerk of the district court shall enter
9the order in the judgment docket and judgment lien index.
107. A copy of the order shall be sent by regular mail within
11fourteen days after filing to each parent’s last known address,
12or if applicable, to the last known address of the parent’s
13attorney.
148. The order is final, and action by the unit child support
15services to enforce and collect upon the order, including
16arrearages and medical support, or both, may be taken from the
17date of the entry of the order by the district court.
18 Sec. 930. Section 252H.10, subsection 2, Code 2023, is
19amended to read as follows:
202. The periodic due date established under a prior order
21for payment of child support shall not be changed in any
22order modified as a result of an action initiated under this
23chapter, unless the child support recovery unit services or
24the court determines that good cause exists to change the
25periodic due date. If the unit child support services or the
26court determines that good cause exists, the unit child support
27services or the court shall include the rationale for the
28change in the modified order and shall address the issue of
29reconciliation of any payments due or made under a prior order
30which would result in payment of the child support obligation
31under both the prior and the modified orders.
32 Sec. 931. Section 252H.11, Code 2023, is amended to read as
33follows:
34252H.11 Concurrent actions.
35This chapter does not prohibit or affect the ability or right
-673-1of a parent or the parent’s attorney to file a modification
2action at the parent’s own initiative. If a modification
3action is filed by a parent concerning an order for which an
4action has been initiated but has not yet been completed by the
5unit child support services under this chapter, the unit child
6support services shall terminate any action initiated under
7this chapter, subject to the following:
81. The modification action filed by the parent must address
9the same issues as the action initiated under this chapter.
102. If the modification action filed by the parent is
11subsequently dismissed before being heard by the court,
12the unit child support services shall continue the action
13previously initiated under subchapter II or III, or initiate a
14new action as follows:
15a. If the unit child support services previously initiated
16an action under subchapter II, and had not issued a notice of
17decision as required under section 252H.14A or 252H.16, the
18unit child support services shall proceed as follows:
19(1) If notice of intent to review was served ninety days
20or less prior to the date the modification action filed by the
21parent is dismissed, the unit child support services shall
22complete the review and issue the notice of decision.
23(2) If the modification action filed by the parent is
24dismissed more than ninety days after the original notice of
25intent to review was served, the unit child support services
26 shall serve or issue a new notice of intent to review and
27conduct the review.
28(3) If the unit child support services initiated a review
29under section 252H.14A, the unit child support services may
30issue the notice of decision.
31b. If the unit child support services previously initiated
32an action under subchapter II and had issued the notice of
33decision as required under section 252H.14A or 252H.16, the
34unit child support services shall proceed as follows:
35(1) If the notice of decision was issued ninety days or less
-674-1prior to the date the modification action filed by the parent
2is dismissed, the unit child support services shall request,
3obtain, and verify any new or different information concerning
4the financial circumstances of the parents and issue a revised
5notice of decision to each parent, or if applicable, to the
6parent’s attorney.
7(2) If the modification action filed by the parent is
8dismissed more than ninety days after the date of issuance
9of the notice of decision, the unit child support services
10 shall serve or issue a new notice of intent to review pursuant
11to section 252H.15 and conduct a review pursuant to section
12252H.16, or conduct a review and serve a new notice of decision
13under section 252H.14A.
14c. If the unit child support services previously initiated
15an action under subchapter III, the unit child support services
16 shall proceed as follows:
17(1) If the modification action filed by the parent is
18dismissed more than ninety days after the original notice of
19intent to modify was served, the unit child support services
20 shall serve a new notice of intent to modify pursuant to
21section 252H.19.
22(2) If the modification action filed by the parent is
23dismissed ninety days or less after the original notice of
24intent to modify was served, the unit child support services
25 shall complete the original modification action initiated by
26the unit child support services under this subchapter.
27(3) Each parent shall be allowed at least twenty days from
28the date the administrative modification action is reinstated
29to request a court hearing as provided for in section 252H.8.
303. If an action initiated under this chapter is terminated
31as the result of a concurrent modification action filed by
32one of the parents or the parent’s attorney, the unit child
33support services shall advise each parent, or if applicable,
34the parent’s attorney, in writing, that the action has been
35terminated and the provisions of subsection 2 of this section
-675-1for continuing or initiating a new action under this chapter.
2The notice shall be issued by regular mail to the last known
3mailing address of each parent, or if applicable, each parent’s
4attorney.
54. If an action initiated under this chapter by the
6unit child support services is terminated as the result
7of a concurrent action filed by one of the parents and is
8subsequently reinstated because the modification action filed
9by the parent is dismissed, the unit child support services
10 shall advise each parent, or if applicable, each parent’s
11attorney, in writing, that the unit child support services is
12continuing the prior administrative adjustment or modification
13action. The notice shall be issued by regular mail to the last
14known mailing address of each parent, or if applicable, each
15parent’s attorney.
16 Sec. 932. Section 252H.12, subsection 3, Code 2023, is
17amended to read as follows:
183. The unit Child support services is providing enforcement
19services for the ongoing support obligation pursuant to chapter
20252B.
21 Sec. 933. Section 252H.13, Code 2023, is amended to read as
22follows:
23252H.13 Right to request review.
24A parent shall have the right to request the review of a
25support order for which the unit child support services is
26currently providing enforcement services of an ongoing child
27support obligation pursuant to chapter 252B including by
28objecting to a cost-of-living alteration pursuant to section
29252H.24, subsections 1 and 2.
30 Sec. 934. Section 252H.14, Code 2023, is amended to read as
31follows:
32252H.14 Reviews initiated by the child support recovery unit
33 services.
341. The unit Child support services may periodically
35initiate a review of support orders meeting the conditions in
-676-1section 252H.12 in accordance with the following:
2a. The right to any ongoing child support obligation is
3currently assigned to the state due to the receipt of public
4assistance.
5b. The support order does not already include provisions for
6medical support.
7c. The review is otherwise necessary to comply with the Act.
82. The unit Child support services may periodically
9initiate a request to a child support agency of another state
10or to a foreign country to conduct a review of a support
11order when the right to any ongoing child or medical support
12obligation due under the order is currently assigned to the
13state of Iowa or if the order does not include provisions for
14medical support.
153. The unit Child support services shall adopt rules
16establishing criteria to determine the appropriateness of
17initiating a review.
184. The unit Child support services shall initiate reviews
19under this section in accordance with the Act.
20 Sec. 935. Section 252H.14A, Code 2023, is amended to read
21as follows:
22252H.14A Reviews initiated by the child support recovery unit
23 services — abbreviated method.
241. Notwithstanding section 252H.15, the unit child support
25services may use procedures under this section to review a
26support order if all the following apply:
27a. One of the following applies:
28(1) The right to ongoing child support is assigned to the
29state of Iowa due to the receipt of family investment program
30assistance, and a review of the support order is required under
31section 7302 of the federal Deficit Reduction Act of 2005, Pub.
32L. No.109-171.
33(2) A parent requests a review, provides the unit child
34support services with financial information as part of that
35request, and the order meets the criteria for review under this
-677-1subchapter.
2b. The unit Child support services has access to information
3concerning the financial circumstances of each parent and one
4of the following applies:
5(1) The parent is a recipient of family investment program
6assistance, medical assistance, or food supplemental nutrition
7assistance program assistance from the department.
8(2) The parent’s income is from supplemental security
9income paid pursuant to 42 U.S.C. §1381a.
10(3) The parent is a recipient of disability benefits under
11the Act because of the parent’s disability.
12(4) The parent is an inmate of an institution under the
13control of the department of corrections.
14(5) The unit Child support services has access to
15information described in section 252B.7A, subsection 1,
16paragraph “c”.
172. If the conditions of subsection 1 are met, the unit child
18support services may conduct a review and determine whether
19an adjustment is appropriate using information accessible by
20the unit child support services without issuing a notice under
21section 252H.15 or requesting additional information from the
22parent.
233. Upon completion of the review, the unit child support
24services shall issue a notice of decision to each parent, or
25if applicable, to each parent’s attorney. The notice shall be
26served in accordance with the rules of civil procedure or as
27provided in section 252B.26, except that a parent requesting
28a review pursuant to section 252H.13 shall waive the right to
29personal service of the notice in writing and accept service
30by regular mail. If the service by regular mail does not occur
31within ninety days of the written waiver of personal service,
32personal service of the notice is required unless a new waiver
33of personal service is obtained.
344. All of the following shall be included in the notice of
35decision:
-678- 1a. The legal basis and purpose of the action, including
2an explanation of the procedures for determining child
3support, the criteria for determining the appropriateness of
4an adjustment, and a statement that the unit child support
5services used the child support guidelines established pursuant
6to section 598.21B and the provisions for medical support
7pursuant to chapter 252E.
8b. Information sufficient to identify the affected parties
9and the support order or orders affected.
10c. An explanation of the legal rights and responsibilities
11of the affected parties, including time frames in which the
12parties must act.
13d. A statement indicating whether the unit child support
14services finds that an adjustment is appropriate and the basis
15for the determination.
16e. Procedures for contesting the action, including that if a
17parent requests a second review both parents will be requested
18to submit financial or income information as necessary for
19application of the child support guidelines established
20pursuant to section 598.21B.
21f. Other information as appropriate.
225. Section 252H.16, subsection 5, regarding a revised
23notice of decision shall apply to a notice of decision issued
24under this section.
256. Each parent shall have the right to challenge the notice
26of decision issued under this section by requesting a second
27review by the unit child support services as provided in
28section 252H.17. If there is no new or different information
29to consider for the second review, the unit child support
30services shall issue a second notice of decision based on prior
31information. Each parent shall have the right to challenge
32the second notice of decision by requesting a court hearing as
33provided in section 252H.8.
34 Sec. 936. Section 252H.15, subsection 1, Code 2023, is
35amended to read as follows:
-679- 11. Unless an action is initiated under section 252H.14A,
2prior to conducting a review of a support order, the unit child
3support services shall issue a notice of intent to review and
4adjust to each parent, or if applicable, to each parent’s
5attorney. However, notice to a child support agency or an
6agency entitled to receive child or medical support payments as
7the result of an assignment of support rights is not required.
8 Sec. 937. Section 252H.15, subsection 3, unnumbered
9paragraph 1, Code 2023, is amended to read as follows:
10The unit Child support services shall adopt rules pursuant
11to chapter 17A to ensure that all of the following are included
12in the notice:
13 Sec. 938. Section 252H.15, subsection 3, paragraph e, Code
142023, is amended to read as follows:
15e. Criteria for determining appropriateness of an adjustment
16and a statement that the unit child support services will use
17the child support guidelines established pursuant to section
18598.21B and the provisions for medical support pursuant to
19chapter 252E to adjust the order.
20 Sec. 939. Section 252H.16, Code 2023, is amended to read as
21follows:
22252H.16 Conducting the review — notice of decision.
231. For actions initiated under section 252H.15, the unit
24 child support services shall conduct the review and determine
25whether an adjustment is appropriate. As necessary, the unit
26 child support services shall make a determination of the
27controlling order or the amount of delinquent support due based
28upon the receipt of social security disability payments as
29provided in sections 598.22 and 598.22C.
302. Unless both parents have waived the prereview notice
31period as provided for in section 252H.7, the review shall
32not be conducted for at least fifteen days from the date both
33parents were successfully served with the notice required in
34section 252H.15.
353. Upon completion of the review, the unit child support
-680-1services shall issue a notice of decision by regular mail to
2the last known address of each parent, or if applicable, each
3parent’s attorney.
44. The unit Child support services shall adopt rules
5pursuant to chapter 17A to ensure that all of the following are
6included in the notice:
7a. Information sufficient to identify the affected parties
8and the support order or orders affected.
9b. A statement indicating whether the unit child support
10services finds that an adjustment is appropriate and the basis
11for the determination.
12c. Other information, as appropriate.
135. A revised notice of decision shall be issued when the
14unit child support services receives or becomes aware of new or
15different information affecting the results of the review after
16the notice of decision has been issued and before the entry of
17an administrative order adjusting the support order, when new
18or different information is not received in conjunction with
19a request for a second review, or subsequent to a request for
20a court hearing. If a revised notice of decision is issued,
21the time frames for requesting a second review or court hearing
22shall apply from the date of issuance of the revised notice.
23 Sec. 940. Section 252H.17, Code 2023, is amended to read as
24follows:
25252H.17 Challenging the notice of decision — second review
26— notice.
271. Each parent shall have the right to challenge the notice
28of decision issued under section 252H.14A or 252H.16, by
29requesting a second review by the unit child support services.
302. A challenge shall be submitted, in writing, to the
31local child support office that issued the notice of decision
32 services, within thirty days of service of the notice of
33decision under section 252H.14A or within ten days of the
34issuance of the notice of decision under section 252H.16.
353. A parent challenging the notice of decision shall submit
-681-1any new or different information, not previously considered by
2the unit child support services in conducting the review, with
3the challenge and request for second review.
44. A parent challenging the notice of decision shall submit
5any required fees with the challenge. Any request submitted
6without full payment of the required fee shall be denied.
75. If a timely challenge along with any necessary fee
8is received, the unit child support services shall issue by
9regular mail to the last known address of each parent, or if
10applicable, to each parent’s attorney, a notice that a second
11review will be conducted. The unit Child support services
12 shall adopt rules pursuant to chapter 17A to ensure that all of
13the following are included in the notice:
14a. A statement of purpose of the second review.
15b. Information sufficient to identify the affected parties
16and the support order or orders affected.
17c. A statement of the information that is eligible for
18consideration at the second review.
19d. The procedures and time frames in conducting and
20completing a second review, including a statement that only one
21second review shall be conducted as the result of a challenge
22received from either or both parents.
23e. An explanation of the right to request a court hearing,
24and the applicable time frames and procedures to follow in
25requesting a court hearing.
26f. Other information, as appropriate.
276. The unit Child support services shall conduct a second
28review, utilizing any new or additional information provided
29or available since issuance of the notice of decision under
30section 252H.14A or under section 252H.16, to determine whether
31an adjustment is appropriate.
327. Upon completion of the review, the unit child
33support services shall issue a second notice of decision by
34regular mail to the last known address of each parent, or if
35applicable, to each parent’s attorney. The unit Child support
-682-1services shall adopt rules pursuant to chapter 17A to ensure
2that all of the following are included in the notice:
3a. Information sufficient to identify the affected parties
4and the support order or orders affected.
5b. The unit’s Child support services’ finding resulting from
6the second review indicating whether the unit child support
7services finds that an adjustment is appropriate, the basis for
8the determination, and the impact on the first review.
9c. An explanation of the right to request a court hearing,
10and the applicable time frames and procedures to follow in
11requesting a court hearing.
12d. Other information, as appropriate.
138. If the determination resulting from the first review
14is revised or reversed by the second review, the following
15shall be issued to each parent along with the second notice of
16decision and the amount of any proposed adjustment:
17a. Any updated or revised financial statements provided by
18either parent.
19b. A computation prepared by the local child support office
20issuing the notice services, demonstrating how the amount of
21support due under the child support guidelines was calculated,
22and a comparison of the newly computed amount with the current
23support obligation amount.
24 Sec. 941. Section 252H.18, subsection 2, Code 2023, is
25amended to read as follows:
262. The unit Child support services is providing services
27pursuant to chapter 252B.
28 Sec. 942. Section 252H.18A, subsection 1, unnumbered
29paragraph 1, Code 2023, is amended to read as follows:
30If a support order is not eligible for review and adjustment
31because the support order is outside of the minimum time frames
32specified by rule of the department, a parent may request a
33review and administrative modification by submitting all of the
34following to the unit child support services:
35 Sec. 943. Section 252H.18A, subsection 2, Code 2023, is
-683-1amended to read as follows:
22. Upon receipt of the request and all documentation
3required in subsection 1, the unit child support services shall
4review the request and documentation and if appropriate shall
5issue a notice of intent to modify as provided in section
6252H.19.
7 Sec. 944. Section 252H.19, subsection 1, Code 2023, is
8amended to read as follows:
91. The unit Child support services shall issue a notice of
10intent to modify to each parent. Notice to a child support
11agency or an agency entitled to receive child or medical
12support payments as the result of an assignment of support
13rights is not required.
14 Sec. 945. Section 252H.19, subsection 2, unnumbered
15paragraph 1, Code 2023, is amended to read as follows:
16The notice shall be served upon each parent in accordance
17with the rules of civil procedure, except that a parent
18requesting modification shall, at the time of the request,
19waive the right to personal service of the notice in writing
20and accept service by regular mail. The unit Child support
21services shall adopt rules pursuant to chapter 17A to ensure
22that all of the following are included in the notice:
23 Sec. 946. Section 252H.20, Code 2023, is amended to read as
24follows:
25252H.20 Conference — second notice and finding of financial
26responsibility.
271. Each parent shall have the right to request a conference
28with the office of the unit that issued the notice of intent
29to modify child support services. The request may be made in
30person, in writing, or by telephone, and shall be made within
31ten days of the date of successful service of the notice of
32intent to modify.
332. A parent requesting a conference shall submit
34any required fee no later than the date of the scheduled
35conference. A conference shall not be held unless the required
-684-1fee is paid in full.
23. Upon a request and full payment of any required fee,
3the office of the unit that issued the notice of intent to
4modify child support services shall schedule a conference with
5the parent and advise the parent of the date, time, place, and
6procedural aspects of the conference. The unit Child support
7services shall adopt rules pursuant to chapter 17A to specify
8the manner in which a conference is conducted and the purpose
9of the conference.
104. Following the conference, the office of the unit that
11conducted the review child support services shall issue a
12second notice of proposed modification and finding of financial
13responsibility to the parent requesting the conference. The
14unit Child support services shall adopt rules pursuant to
15chapter 17A to ensure that all of the following are included
16in the notice:
17a. Information sufficient to identify the affected parties
18and the support order or orders affected.
19b. If the unit child support services will continue or
20terminate the action.
21c. Procedures for contesting the action and the applicable
22time frames for actions by the parents.
23d. Other information, as appropriate.
24 Sec. 947. Section 252H.21, subsection 2, paragraph c,
25subparagraph (2), Code 2023, is amended to read as follows:
26(2) Increase or decrease the amount of the child support
27order calculated in subparagraph (1) for each subsequent year
28by applying the appropriate consumer price index for each
29subsequent year to the result of the calculation for the
30previous year. The final year in the calculation shall be the
31year immediately preceding the year the unit child support
32services received the completed request for the cost-of-living
33alteration.
34 Sec. 948. Section 252H.22, subsection 3, Code 2023, is
35amended to read as follows:
-685- 13. The unit Child support services is providing enforcement
2services for the ongoing support obligation pursuant to chapter
3252B.
4 Sec. 949. Section 252H.23, unnumbered paragraph 1, Code
52023, is amended to read as follows:
6A parent may request a cost-of-living alteration by
7submitting all of the following to the unit child support
8services:
9 Sec. 950. Section 252H.24, Code 2023, is amended to read as
10follows:
11252H.24 Role of the child support recovery unit services —
12filing and docketing of cost-of-living alteration order — order
13effective as district court order.
141. Upon receipt of a request and required documentation for
15a cost-of-living alteration, the unit child support services
16 shall issue a notice of the amount of cost-of-living alteration
17by regular mail to the last known address of each parent,
18or, if applicable, each parent’s attorney. The notice shall
19include all of the following:
20a. A statement that either parent may contest the
21cost-of-living alteration within thirty days of the date of
22the notice by making a request for a review of a support order
23as provided in section 252H.13, and if either parent does not
24make a request for a review within thirty days, the unit child
25support services shall prepare an administrative order as
26provided in subsection 4.
27b. A statement that the parent may waive the thirty-day
28notice waiting period provided for in this section.
292. Upon timely receipt of a request and required
30documentation for a review of a support order as provided
31in subsection 1 from either parent, the unit child support
32services shall terminate the cost-of-living alteration process
33and apply the provisions of subchapters I and II of this
34chapter relating to review and adjustment.
353. Upon receipt of signed requests from both parents subject
-686-1to the support order, waiving the notice waiting period, the
2unit child support services may prepare an administrative order
3pursuant to subsection 4 altering the support obligation.
44. If timely request for a review pursuant to section
5252H.13 is not made, and if the thirty-day notice waiting
6period has expired, or if both parents have waived the notice
7waiting period, the unit child support services shall prepare
8and present an administrative order for a cost-of-living
9alteration, ex parte, to the district court where the order to
10be altered is filed.
115. Unless defects appear on the face of the administrative
12order or on the attachments, the district court shall approve
13the order. Upon filing, the approved order shall have the
14same force, effect, and attributes of an order of the district
15court.
166. Upon filing, the clerk of the district court shall enter
17the order in the judgment docket and judgment lien index.
187. If the parents jointly waive the thirty-day notice
19waiting period, the signed statements of both parents waiving
20the notice period shall be filed in the court record with the
21administrative order altering the support obligation.
228. The unit Child support services shall send a copy of
23the order by regular mail to each parent’s last known address,
24or, if applicable, to the last known address of the parent’s
25attorney.
269. An administrative order approved by the district court is
27final, and action by the unit child support services to enforce
28and collect upon the order may be taken from the date of the
29entry of the order by the district court.
30 Sec. 951. Section 252I.1, Code 2023, is amended to read as
31follows:
32252I.1 Definitions.
33As used in this chapter, unless the context otherwise
34requires:
351. “Account” means “account” as defined in section 524.103,
-687-1the savings or deposits of a member received or being held
2by a credit union, or certificates of deposit. “Account”
3also includes deposits held by an agent, a broker-dealer,
4or an issuer as defined in section 502.102 and money-market
5mutual fund accounts and “account” as defined in 42 U.S.C.
6§666(a)(17). However, “account” does not include amounts held
7by a financial institution as collateral for loans extended by
8the financial institution.
92. “Bank” means “bank”, “insured bank”, and “state bank” as
10defined in section 524.103.
113. “Child support services” means child support services
12created in section 252B.2.
133. 4. “Court order” means “support order” as defined in
14section 252J.1.
154. 5. “Credit union” means “credit union” as defined in
16section 533.102.
175. 6. “Financial institution” means “financial institution”
18as defined in 42 U.S.C. §669A(d)(1). “Financial institution”
19also includes an institution which holds deposits for an agent,
20broker-dealer, or an issuer as defined in section 502.102.
216. 7. “Obligor” means a person who has been ordered by a
22court or administrative authority to pay support.
237. 8. “Support” or “support payments” means “support” or
24“support payments” as defined in section 252D.16.
258. “Unit” or “child support recovery unit” means the child
26support recovery unit created in section 252B.2.
279. “Working days” means only Monday, Tuesday, Wednesday,
28Thursday, and Friday, but excluding the holidays specified in
29section 1C.2, subsection 1.
30 Sec. 952. Section 252I.2, Code 2023, is amended to read as
31follows:
32252I.2 Purpose and use.
331. Notwithstanding other statutory provisions which provide
34for the execution, attachment, or levy against accounts, the
35unit child support services may utilize the process established
-688-1in this chapter to collect delinquent support payments provided
2that any exemptions or exceptions which specifically apply to
3enforcement of support obligations pursuant to other statutory
4provisions also apply to this chapter.
52. An obligor is subject to the provisions of this chapter
6if the obligor’s support obligation is being enforced by the
7 child support recovery unit services, and if the support
8payments ordered under chapter 232, 234, 252A, 252C, 252D,
9252E, 252F, 598, 600B, or any other applicable chapter,
10or under a comparable statute of another state or foreign
11country, as certified to the child support recovery unit
12 services, are not paid to the clerk of the district court or
13the collection services center pursuant to section 598.22 and
14become delinquent in an amount equal to the support payment for
15one month.
163. Any amount forwarded by a financial institution under
17this chapter shall not exceed the amounts specified in 15
18U.S.C. §1673(b) and shall not exceed the delinquent or accrued
19amount of support owed by the obligor.
20 Sec. 953. Section 252I.3, Code 2023, is amended to read as
21follows:
22252I.3 Initial notice to obligor.
23The unit Child support services or the district court
24may include language in any new or modified support order
25issued on or after July 1, 1994, notifying the obligor that
26the obligor is subject to the provisions of this chapter.
27However, this chapter is sufficient notice for implementation
28of administrative levy provisions without further notice of the
29provisions of this chapter.
30 Sec. 954. Section 252I.4, Code 2023, is amended to read as
31follows:
32252I.4 Verification of accounts and immunity from liability.
331. The unit Child support services may contact a financial
34institution to obtain verification of the account number, the
35names and social security numbers listed for the account, and
-689-1the account balance of any account held by an obligor. Contact
2with a financial institution may be by telephone or by written
3communication. The financial institution may require positive
4voice recognition and may require the telephone number of the
5authorized person from the unit child support services before
6releasing an obligor’s account information by telephone.
72. The unit Child support services and financial
8institutions doing business in Iowa shall enter into agreements
9to develop and operate a data match system, using automated
10data exchanges to the maximum extent feasible. The data
11match system shall allow a means by which each financial
12institution shall provide to the unit child support services
13 for each calendar quarter the name, record address, social
14security number or other taxpayer identification number, and
15other identifying information for each obligor who maintains
16an account at the institution and who owes past-due support,
17as identified by the unit child support services by name and
18social security number or other taxpayer identification number.
19The unit Child support services shall work with representatives
20of financial institutions to develop a system to assist
21nonautomated financial institutions in complying with the
22provisions of this section.
233. The unit Child support services may pay a reasonable
24fee to a financial institution for conducting the data match
25required in subsection 2, not to exceed the lower of either
26one hundred fifty dollars for each quarterly data match or the
27actual costs incurred by the financial institution for each
28quarterly data match. However, the unit child support services
29 may also adopt rules pursuant to chapter 17A to specify a fee
30amount for each quarterly data match based upon the estimated
31state share of funds collected under this chapter, which,
32when adopted, shall be applied in lieu of the one hundred
33fifty dollar fee under this subsection. In addition, the unit
34 child support services may pay a reasonable fee to a financial
35institution for automation programming development performed
-690-1in order to conduct the data match required in subsection 2,
2not to exceed the lower of either five hundred dollars or
3the actual costs incurred by the financial institution. The
4unit Child support services may use the state share of funds
5collected under this chapter to pay the fees to financial
6institutions under this subsection. For state fiscal years
7beginning July 1, 1999, and July 1, 2000, the unit child
8support services may use up to one hundred percent of the
9state share of such funds. For state fiscal years beginning
10on or after July 1, 2001, the unit child support services may
11use up to fifty percent of the state share of such funds.
12Notwithstanding any other provision of law to the contrary,
13a financial institution shall have until a date provided in
14the agreement in subsection 2 to submit its claim for a fee
15under this subsection. If the unit child support services
16 does not have sufficient funds available under this subsection
17for payment of fees under this subsection for conducting data
18matches or for automation program development performed in the
19fiscal year beginning July 1, 1999, the cost may be carried
20forward to the fiscal year beginning July 1, 2000. The unit
21 Child support services may also use funds from an amount
22assessed a child support agency of another state, as defined in
23section 252H.2, to conduct a data match requested by that child
24support agency as provided in 42 U.S.C. §666(a)(14) to pay fees
25to financial institutions under this subsection.
264. a. A financial institution is immune from any liability
27in any action or proceeding, whether civil or criminal, for any
28of the following:
29(1) The disclosure of any information by a financial
30institution to the unit child support services pursuant to
31this chapter or the rules or procedures adopted by the unit
32 child support services to implement this chapter, including
33disclosure of information relating to an obligor who maintains
34an account with the financial institution or disclosure of
35information relating to any other person who maintains an
-691-1account with the financial institution that is provided for
2the purpose of complying with the data match requirements of
3this section and with the agreement entered into between the
4financial institution and the unit child support services
5 pursuant to subsection 2.
6(2) Any encumbrance or surrender of any assets held by a
7financial institution in response to a notice of lien or levy
8issued by the unit child support services.
9(3) Any action or omission in connection with good faith
10efforts to comply with this chapter or any rules or procedures
11that are adopted by the unit child support services to
12implement this chapter.
13(4) The disclosure, use, or misuse by the unit child
14support services or by any other person of information provided
15or assets delivered to the unit child support services by a
16financial institution.
17b. For the purposes of this section, “financial institution”
18includes officers, directors, employees, contractors, and
19agents of the financial institution.
205. The financial institution or the unit child support
21services is not liable for the cost of any early withdrawal
22penalty of an obligor’s certificate of deposit.
23 Sec. 955. Section 252I.5, subsections 1 and 2, Code 2023,
24are amended to read as follows:
251. If an obligor is subject to this chapter under section
26252I.2, the unit child support services may initiate an
27administrative action to levy against the accounts of the
28obligor.
292. The unit Child support services may send a notice to
30the financial institution with which the account is placed,
31directing that the financial institution forward all or a
32portion of the moneys in the obligor’s account or accounts to
33the collection services center established pursuant to chapter
34252B. The notice shall be sent by regular mail, with proof of
35service completed according to rule of civil procedure 1.442.
-692-1 Sec. 956. Section 252I.5, subsection 3, paragraph g, Code
22023, is amended to read as follows:
3g. A telephone number, and address, and contact name of the
4 for child support recovery unit contact initiating the action
5 services.
6 Sec. 957. Section 252I.6, Code 2023, is amended to read as
7follows:
8252I.6 Administrative levy — notice to support obligor.
91. The unit Child support services may administratively
10initiate an action to seize accounts of an obligor who is
11subject to this chapter under section 252I.2.
122. The unit Child support services shall notify an obligor
13subject to this chapter, and any other party known to have
14an interest in the account, of the action. The notice shall
15contain all of the following:
16a. The name of the obligor.
17b. A statement that the obligor is believed to have one or
18more accounts at the financial institution.
19c. A statement that pursuant to the provisions of this
20chapter, the obligor’s accounts are subject to seizure and the
21financial institution is authorized and required to forward
22moneys to the collection services center.
23d. The maximum amount to be forwarded by the financial
24institution, which shall not exceed the delinquent or accrued
25amount of support owed by the obligor.
26e. The prescribed time frames within which the financial
27institution must comply.
28f. A statement that any challenge to the action shall be
29in writing and shall be received by the child support recovery
30unit services within ten days of the date of the notice to the
31obligor.
32g. The address of the collection services center and the
33collection services center account number.
34h. A telephone number, and address, and contact name for
35the child support recovery unit contact initiating the action
-693-1 services.
23. The unit Child support services shall forward the notice
3to the obligor by regular mail within two working days of
4sending the notice to the financial institution pursuant to
5section 252I.5. Proof of service shall be completed according
6to rule of civil procedure 1.442.
7 Sec. 958. Section 252I.7, subsections 1 and 2, Code 2023,
8are amended to read as follows:
91. Immediately encumber funds in all accounts in which the
10obligor has an interest to the extent of the debt indicated in
11the notice from the unit child support services.
122. No sooner than fifteen days, and no later than twenty
13days from the date the financial institution receives the
14notice under section 252I.5, unless notified by the unit child
15support services of a challenge by the obligor or an account
16holder of interest, the financial institution shall forward the
17moneys encumbered to the collection services center with the
18obligor’s name and social security number, collection services
19center account number, and any other information required in
20the notice.
21 Sec. 959. Section 252I.8, Code 2023, is amended to read as
22follows:
23252I.8 Challenges to action.
241. Challenges under this chapter may be initiated only by an
25obligor or by an account holder of interest. Actions initiated
26by the unit child support services under this chapter are not
27subject to chapter 17A, and resulting court hearings following
28certification shall be an original hearing before the district
29court.
302. The person challenging the action shall submit a written
31challenge to the person identified as the contact for the unit
32in the notice child support services, within ten working days
33of the date of the notice.
343. The unit Child support services shall, upon receipt of
35a written challenge, review the facts of the case with the
-694-1challenging party. Only a mistake of fact, including but
2not limited to, a mistake in the identity of the obligor or
3a mistake in the amount of delinquent support due shall be
4considered as a reason to dismiss or modify the proceeding.
54. If the unit child support services determines that a
6mistake of fact has occurred the unit, child support services
7 shall proceed as follows:
8a. If a mistake in identity has occurred or the obligor is
9not delinquent in an amount equal to the payment for one month,
10the unit child support services shall notify the financial
11institution that the administrative levy has been released.
12The unit Child support services shall provide a copy of the
13notice to the support obligor by regular mail.
14b. If the obligor is delinquent, but the amount of the
15delinquency is less than the amount indicated in the notice,
16the unit child support services shall notify the financial
17institution of the revised amount with a copy of the notice and
18issue a copy to the obligor or forward a copy to the obligor
19by regular mail. Upon written receipt of instructions from
20the unit child support services, the financial institution
21shall release the funds in excess of the revised amount to
22the obligor and the moneys in the amount of the debt shall be
23processed according to section 252I.7.
245. If the unit child support services finds no mistake of
25fact, the unit child support services shall provide a notice
26to that effect to the challenging party by regular mail. Upon
27written request of the challenging party, the unit child
28support services shall request a hearing before the district
29court in the county in which the underlying support order is
30filed.
31a. The financial institution shall encumber moneys if the
32 child support recovery unit services notifies the financial
33institution to do so.
34b. The clerk of the district court shall schedule a hearing
35upon the request by the unit child support services for a
-695-1time not later than ten calendar days after the filing of
2the request for hearing. The clerk shall mail copies of the
3request for hearing and the order scheduling the hearing to
4the unit child support services and to all account holders of
5interest.
6c. If the court finds that there is a mistake of identity or
7that the obligor does not owe the delinquent support, the unit
8 child support services shall notify the financial institution
9that the administrative levy has been released.
10d. If the court finds that the obligor has an interest in
11the account, and the amount of support due was incorrectly
12overstated, the unit child support services shall notify the
13financial institution to release the excess moneys to the
14obligor and remit the remaining moneys in the amount of the
15debt to the collection services center for disbursement to the
16appropriate recipient.
17e. If the court finds that the obligor has an interest
18in the account, and the amount of support due is correct,
19the financial institution shall forward the moneys to the
20collection services center for disbursement to the appropriate
21recipient.
22f. If the obligor or any other party known to have an
23interest in the account fails to appear at the hearing, the
24court may find the challenging party in default, shall ratify
25the administrative levy, if valid upon its face, and shall
26enter an order directing the financial institution to release
27the moneys to the unit child support services.
28g. Issues related to visitation, custody, or other
29provisions not related to levies against accounts are not
30grounds for a hearing under this chapter.
31h. Support orders shall not be modified under a challenge
32pursuant to this section.
33i. Any findings in the challenge of an administrative
34levy related to the amount of the accruing or accrued support
35obligation do not modify the underlying support order.
-696- 1j. An order entered under this chapter for a levy against
2an account of a support obligor has priority over a levy for a
3purpose other than the support of the dependents in the court
4order being enforced.
56. The support obligor may withdraw the request for
6challenge by submitting a written withdrawal to the person
7identified as the contact for the unit child support services
8 in the notice or the unit child support services may withdraw
9the administrative levy at any time prior to the court hearing
10and provide notice of the withdrawal to the obligor and any
11account holder of interest and to the financial institution, by
12regular mail.
137. If the financial institution has forwarded moneys to
14the collection services center and has deducted a fee from the
15moneys of the account, or if any additional fees or costs are
16levied against the account, and all funds are subsequently
17refunded to the account due to a mistake of fact or ruling
18of the court, the child support recovery unit services shall
19reimburse the account for any fees assessed by the financial
20institution. If the mistake of fact is a mistake in the amount
21of support due and any portion of the moneys is retained as
22support payments, however, the unit child support services is
23not required to reimburse the account for any fees or costs
24levied against the account. Additionally, for the purposes
25of reimbursement to the account for any fees or costs, each
26certificate of deposit is considered a separate account.
27 Sec. 960. Section 252J.1, Code 2023, is amended to read as
28follows:
29252J.1 Definitions.
30As used in this chapter, unless the context otherwise
31requires:
321. “Certificate of noncompliance” means a document provided
33by the child support recovery unit services certifying that
34the named individual is not in compliance with any of the
35following:
-697- 1a. A support order.
2b. A written agreement for payment of support entered into
3by the unit child support services and the obligor.
4c. A subpoena or warrant relating to a paternity or support
5proceeding.
62. “Child support services” means child support services
7created in section 252B.2.
83. “Department” means the department of health and human
9services.
102. 4. “Individual” means a parent, an obligor, or a
11putative father in a paternity or support proceeding.
123. 5. “License” means a license, certification,
13registration, permit, approval, renewal, or other similar
14authorization issued to an individual by a licensing authority
15which evidences the admission to, or granting of authority to
16engage in, a profession, occupation, business, industry, or
17recreation or to operate or register a motor vehicle. “License”
18includes licenses for hunting, fishing, boating, or other
19recreational activity.
204. 6. “Licensee” means an individual to whom a license has
21been issued, or who is seeking the issuance of a license.
225. 7. “Licensing authority” means a county treasurer,
23county recorder or designated depositary, the supreme court,
24or an instrumentality, agency, board, commission, department,
25officer, organization, or any other entity of the state, which
26has authority within this state to suspend or revoke a license
27or to deny the renewal or issuance of a license authorizing an
28individual to register or operate a motor vehicle or to engage
29in a business, occupation, profession, recreation, or industry.
306. 8. “Obligor” means a natural person as defined
31in section 252G.1 who has been ordered by a court or
32administrative authority to pay support.
337. 9. “Subpoena or warrant” means a subpoena or warrant
34relating to a paternity or support proceeding initiated or
35obtained by the unit child support services or a child support
-698-1agency as defined in section 252H.2.
28. 10. “Support” means support or support payments as
3defined in section 252D.16, whether established through court
4or administrative order.
59. 11. “Support order” means an order for support issued
6pursuant to chapter 232, 234, 252A, 252C, 252D, 252E, 252F,
7252H, 598, 600B, or any other applicable chapter, or under
8a comparable statute of another state or foreign country as
9registered with the clerk of the district court or certified to
10the child support recovery unit services.
1110. “Unit” means the child support recovery unit created in
12section 252B.2.
1311. 12. “Withdrawal of a certificate of noncompliance”
14means a document provided by the unit child support services
15 certifying that the certificate of noncompliance is withdrawn
16and that the licensing authority may proceed with issuance,
17reinstatement, or renewal of an individual’s license.
18 Sec. 961. Section 252J.2, Code 2023, is amended to read as
19follows:
20252J.2 Purpose and use.
211. Notwithstanding other statutory provisions to the
22contrary, and if an individual has not been cited for contempt
23and enjoined from engaging in the activity governed by a
24license pursuant to section 598.23A, the unit child support
25services may utilize the process established in this chapter
26to collect support.
272. For cases in which services are provided by the unit
28 child support services all of the following apply:
29a. An obligor is subject to the provisions of this chapter
30if the obligor’s support obligation is being enforced by the
31unit child support services, if the support payments required
32by a support order to be paid to the clerk of the district
33court or the collection services center pursuant to section
34598.22 are not paid and become delinquent in an amount equal
35to the support payment for three months, and if the obligor’s
-699-1situation meets other criteria specified under rules adopted by
2the department pursuant to chapter 17A.The criteria specified
3by rule shall include consideration of the length of time since
4the obligor’s last support payment and the total amount of
5support owed by the obligor.
6b. An individual is subject to the provisions of this
7chapter if the individual has failed, after receiving
8appropriate notice, to comply with a subpoena or warrant.
93. Actions initiated by the unit child support services
10 under this chapter shall not be subject to contested case
11proceedings or further review pursuant to chapter 17A and any
12resulting court hearing shall be an original hearing before the
13district court.
144. Notwithstanding chapter 22, all of the following apply:
15a. Information obtained by the unit child support services
16 under this chapter shall be used solely for the purposes of
17this chapter or chapter 252B.
18b. Information obtained by a licensing authority shall be
19used solely for the purposes of this chapter.
20 Sec. 962. Section 252J.3, Code 2023, is amended to read as
21follows:
22252J.3 Notice to individual of potential sanction of license.
23The unit Child support services shall proceed in accordance
24with this chapter only if the unit child support services sends
25a notice to the individual by regular mail to the last known
26address of the individual. The notice shall include all of the
27following:
281. The address and telephone number of the unit child
29support services and the unit the child support services’ case
30number.
312. A statement that the obligor is not in compliance with
32a support order or the individual has not complied with a
33subpoena or warrant.
343. A statement that the individual may request a conference
35with the unit child support services to contest the action.
-700- 14. A statement that if, within twenty days of mailing of
2the notice to the individual, the individual fails to contact
3the unit child support services to schedule a conference,
4the unit child support services shall issue a certificate of
5noncompliance, bearing the individual’s name, social security
6number and unit the child support services’ case number, to any
7appropriate licensing authority, certifying that the obligor is
8not in compliance with a support order or an individual has not
9complied with a subpoena or warrant.
105. A statement that in order to stay the issuance of a
11certificate of noncompliance the request for a conference shall
12be in writing and shall be received by the unit child support
13services within twenty days of mailing of the notice to the
14individual.
156. The names of the licensing authorities to which the
16unit child support services intends to issue a certificate of
17noncompliance.
187. A statement that if the unit child support services
19 issues a certificate of noncompliance to an appropriate
20licensing authority, the licensing authority shall initiate
21proceedings to refuse to issue or renew, or to suspend or
22revoke the individual’s license, unless the unit child support
23services provides the licensing authority with a withdrawal of
24a certificate of noncompliance.
25 Sec. 963. Section 252J.4, Code 2023, is amended to read as
26follows:
27252J.4 Conference.
281. The individual may schedule a conference with the unit
29 child support services following mailing of the notice pursuant
30to section 252J.3, or at any time after service of notice of
31suspension, revocation, denial of issuance, or nonrenewal of
32a license from a licensing authority, to challenge the unit’s
33 child support services’ actions under this chapter.
342. The request for a conference shall be made to the unit
35 child support services, in writing, and, if requested after
-701-1mailing of the notice pursuant to section 252J.3, shall be
2received by the unit child support services within twenty days
3following mailing of the notice.
43. The unit Child support services shall notify the
5individual of the date, time, and location of the conference by
6regular mail, with the date of the conference to be no earlier
7than ten days following issuance of notice of the conference
8by the unit child support services, unless the individual and
9the unit child support services agree to an earlier date which
10may be the same date the individual requests the conference.
11If the individual fails to appear at the conference, the
12unit child support services shall issue a certificate of
13noncompliance.
144. Following the conference, the unit child support
15services shall issue a certificate of noncompliance unless any
16of the following applies:
17a. The unit Child support services finds a mistake in the
18identity of the individual.
19b. The unit Child support services finds a mistake in
20determining that the amount of delinquent support is equal to
21or greater than three months.
22c. The obligor enters a written agreement with the unit
23 child support services to comply with a support order, the
24obligor complies with an existing written agreement to comply
25with a support order, or the obligor pays the total amount of
26delinquent support due.
27d. Issuance of a certificate of noncompliance is not
28appropriate under other criteria established in accordance with
29rules adopted by the department pursuant to chapter 17A.
30e. The unit Child support services finds a mistake in
31determining the compliance of the individual with a subpoena
32or warrant.
33f. The individual complies with a subpoena or warrant.
345. The unit Child support services shall grant the
35individual a stay of the issuance of a certificate of
-702-1noncompliance upon receiving a timely written request
2for a conference, and if a certificate of noncompliance
3has previously been issued, shall issue a withdrawal of a
4certificate of noncompliance if the obligor enters into a
5written agreement with the unit child support services to
6comply with a support order or if the individual complies with
7a subpoena or warrant.
86. If the individual does not timely request a conference
9or does not comply with a subpoena or warrant or if the
10obligor does not pay the total amount of delinquent support
11owed within twenty days of mailing of the notice pursuant to
12section 252J.3, the unit child support services shall issue a
13certificate of noncompliance.
14 Sec. 964. Section 252J.5, Code 2023, is amended to read as
15follows:
16252J.5 Written agreement.
171. If an obligor is subject to this chapter as established
18in section 252J.2, subsection 2, paragraph “a”, the obligor
19and the unit child support services may enter into a written
20agreement for payment of support and compliance which takes
21into consideration the obligor’s ability to pay and other
22criteria established by rule of the department. The written
23agreement shall include all of the following:
24a. The method, amount, and dates of support payments by the
25obligor.
26b. A statement that upon breach of the written agreement
27by the obligor, the unit child support services shall issue
28a certificate of noncompliance to any appropriate licensing
29authority.
302. A written agreement entered into pursuant to this section
31does not preclude any other remedy provided by law and shall
32not modify or affect an existing support order.
333. Following issuance of a certificate of noncompliance,
34if the obligor enters into a written agreement with the unit
35 child support services, the unit child support services shall
-703-1issue a withdrawal of the certificate of noncompliance to any
2appropriate licensing authority and shall forward a copy of the
3withdrawal by regular mail to the obligor.
4 Sec. 965. Section 252J.6, Code 2023, is amended to read as
5follows:
6252J.6 Decision of the unit child support services.
71. If an obligor is not in compliance with a support order
8or the individual is not in compliance with a subpoena or
9warrant pursuant to section 252J.2, the unit child support
10services mails a notice to the individual pursuant to section
11252J.3, and the individual requests a conference pursuant to
12section 252J.4, the unit child support services shall issue a
13written decision if any of the following conditions exists:
14a. The individual fails to appear at a scheduled conference
15under section 252J.4.
16b. A conference is held under section 252J.4.
17c. The obligor fails to comply with a written agreement
18entered into by the obligor and the unit child support services
19 under section 252J.5.
202. The unit Child support services shall send a copy of
21the written decision to the individual by regular mail at the
22individual’s most recent address of record. If the decision
23is made to issue a certificate of noncompliance or to withdraw
24the certificate of noncompliance, a copy of the certificate
25of noncompliance or of the withdrawal of the certificate of
26noncompliance shall be attached to the written decision. The
27written decision shall state all of the following:
28a. That the certificate of noncompliance or withdrawal
29of the certificate of noncompliance has been provided to the
30licensing authorities named in the notice provided pursuant to
31section 252J.3.
32b. That upon receipt of a certificate of noncompliance,
33the licensing authority shall initiate proceedings to suspend,
34revoke, deny issuance, or deny renewal of a license, unless
35the licensing authority is provided with a withdrawal of a
-704-1certificate of noncompliance from the unit child support
2services.
3c. That in order to obtain a withdrawal of a certificate of
4noncompliance from the unit child support services, the obligor
5shall enter into a written agreement with the unit child
6support services, comply with an existing written agreement
7with the unit child support services, or pay the total amount
8of delinquent support owed or the individual shall comply with
9a subpoena or warrant.
10d. That if the unit child support services issues a written
11decision which includes a certificate of noncompliance, that
12 all of the following apply:
13(1) The individual may request a hearing as provided in
14section 252J.9, before the district court as follows:
15(a) If the action is a result of section 252J.2, subsection
162, paragraph “a”, in the county in which the underlying support
17order is filed, by filing a written application to the court
18challenging the issuance of the certificate of noncompliance
19by the unit child support services and sending a copy of the
20application to the unit child support services within the time
21period specified in section 252J.9.
22(b) If the action is a result of section 252J.2, subsection
232, paragraph “b”, and the individual is not an obligor, in the
24county in which the dependent child or children reside if the
25child or children reside in Iowa; in the county in which the
26dependent child or children last received public assistance if
27the child or children received public assistance in Iowa; or
28in the county in which the individual resides if the action is
29the result of a request from a child support agency in another
30state or foreign country.
31(2) The individual may retain an attorney at the
32individual’s own expense to represent the individual at the
33hearing.
34(3) The scope of review of the district court shall be
35limited to demonstration of a mistake of fact related to the
-705-1delinquency of the obligor or the compliance of the individual
2with a subpoena or warrant.
33. If the unit child support services issues a certificate
4of noncompliance, the unit child support services shall only
5issue a withdrawal of the certificate of noncompliance if any
6of the following applies:
7a. The unit Child support services or the court finds a
8mistake in the identity of the individual.
9b. The unit Child support services finds a mistake in
10determining compliance with a subpoena or warrant.
11c. The unit Child support services or the court finds a
12mistake in determining that the amount of delinquent support
13due is equal to or greater than three months.
14d. The obligor enters a written agreement with the unit
15 child support services to comply with a support order, the
16obligor complies with an existing written agreement to comply
17with a support order, or the obligor pays the total amount of
18delinquent support owed.
19e. The individual complies with the subpoena or warrant.
20f. Issuance of a withdrawal of the certificate of
21noncompliance is appropriate under other criteria in accordance
22with rules adopted by the department pursuant to chapter 17A.
23 Sec. 966. Section 252J.7, subsection 1, Code 2023, is
24amended to read as follows:
251. If the individual fails to respond to the notice of
26potential license sanction provided pursuant to section 252J.3
27or the unit child support services issues a written decision
28under section 252J.6 which states that the individual is not
29in compliance, the unit child support services shall issue
30a certificate of noncompliance to any appropriate licensing
31authority.
32 Sec. 967. Section 252J.8, subsection 2, Code 2023, is
33amended to read as follows:
342. In addition to other grounds for suspension, revocation,
35or denial of issuance or renewal of a license, a licensing
-706-1authority shall include in rules adopted by the licensing
2authority as grounds for suspension, revocation, or denial of
3issuance or renewal of a license, the receipt of a certificate
4of noncompliance from the unit child support services.
5 Sec. 968. Section 252J.8, subsection 4, paragraph c,
6subparagraphs (1), (2), and (3), Code 2023, are amended to read
7as follows:
8(1) The licensing authority intends to suspend, revoke, or
9deny issuance or renewal of an individual’s license due to the
10receipt of a certificate of noncompliance from the unit child
11support services.
12(2) The individual must contact the unit child support
13services to schedule a conference or to otherwise obtain a
14withdrawal of a certificate of noncompliance.
15(3) Unless the unit child support services furnishes a
16withdrawal of a certificate of noncompliance to the licensing
17authority within thirty days of the issuance of the notice
18under this section, the individual’s license will be revoked,
19suspended, or denied.
20 Sec. 969. Section 252J.8, subsection 5, Code 2023, is
21amended to read as follows:
225. If the licensing authority receives a withdrawal of
23a certificate of noncompliance from the unit child support
24services, the licensing authority shall immediately reinstate,
25renew, or issue a license if the individual is otherwise in
26compliance with licensing requirements established by the
27licensing authority.
28 Sec. 970. Section 252J.9, subsection 1, unnumbered
29paragraph 1, Code 2023, is amended to read as follows:
30Following the issuance of a written decision by the unit
31 child support services under section 252J.6 which includes
32the issuance of a certificate of noncompliance, or following
33provision of notice to the individual by a licensing authority
34pursuant to section 252J.8, an individual may seek review of
35the decision and request a hearing before the district court
-707-1as follows:
2 Sec. 971. Section 252J.9, subsection 1, paragraph a, Code
32023, is amended to read as follows:
4a. If the action is a result of section 252J.2, subsection
52, paragraph “a”, in the county in which the underlying support
6order is filed, by filing an application with the district
7court, and sending a copy of the application to the unit by
8regular mail child support services.
9 Sec. 972. Section 252J.9, subsections 2 and 6, Code 2023,
10are amended to read as follows:
112. An application shall be filed to seek review of the
12decision by the unit child support services or following
13issuance of notice by the licensing authority no later than
14within thirty days after the issuance of the notice pursuant to
15section 252J.8. The clerk of the district court shall schedule
16a hearing and mail a copy of the order scheduling the hearing
17to the individual and the unit child support services and shall
18also mail a copy of the order to the licensing authority, if
19applicable. The unit Child support services shall certify a
20copy of its written decision and certificate of noncompliance,
21indicating the date of issuance, and the licensing authority
22shall certify a copy of a notice issued pursuant to section
23252J.8, to the court prior to the hearing.
246. If the court finds that the unit child support services
25 was in error in issuing a certificate of noncompliance,
26or in failing to issue a withdrawal of a certificate of
27noncompliance, the unit child support services shall issue a
28withdrawal of a certificate of noncompliance to the appropriate
29licensing authority.
30 Sec. 973. Section 252K.103, Code 2023, is amended to read
31as follows:
32252K.103 State tribunal and support enforcement agency.
331. The child Child support recovery unit services when
34the unit child support services establishes or modifies an
35order, upon ratification by the court, and the court, are the
-708-1tribunals of this state.
22. The child Child support recovery unit services created in
3section 252B.2 is the support enforcement agency of this state.
4 Sec. 974. Section 252K.201, subsection 1, paragraph g, Code
52023, is amended to read as follows:
6g. The individual asserted parentage of a child in the
7declaration of paternity registry maintained in this state
8by the Iowa department of public health and human services
9 pursuant to section 144.12A or established paternity by
10affidavit under section 252A.3A.
11 Sec. 975. Section 252K.310, subsection 1, Code 2023, is
12amended to read as follows:
131. The child Child support recovery unit services is the
14state information agency under this chapter.
15 Sec. 976. Section 252K.319, subsection 2, unnumbered
16paragraph 1, Code 2023, is amended to read as follows:
17If neither the obligor, nor the obligee who is an individual,
18nor the child resides in this state, upon request from the
19support enforcement agency of this state or another state, the
20 child support recovery unit services or a tribunal of this
21state shall:
22 Sec. 977. Section 252K.703, Code 2023, is amended to read
23as follows:
24252K.703 Relationship of child support recovery unit services
25 to United States central authority.
26The child Child support recovery unit services of this state
27is recognized as the agency designated by the United States
28central authority to perform specific functions under the
29convention.
30 Sec. 978. Section 252K.704, Code 2023, is amended to read
31as follows:
32252K.704 Initiation by child support recovery unit services
33 of support proceeding under convention.
341. In a support proceeding under this article, the child
35support recovery unit services of this state shall:
-709- 1a. Transmit and receive applications.
2b. Initiate or facilitate the institution of a proceeding
3regarding an application in a tribunal of this state.
42. The following support proceedings are available to an
5obligee under the convention:
6a. Recognition or recognition and enforcement of a foreign
7support order.
8b. Enforcement of a support order issued or recognized in
9this state.
10c. Establishment of a support order if there is no existing
11order, including, if necessary, determination of parentage of a
12child.
13d. Establishment of a support order if recognition of
14a foreign support order is refused under section 252K.708,
15subsection 2, paragraph “b”, “d”, or “i”.
16e. Modification of a support order of a tribunal of this
17state.
18f. Modification of a support order of a tribunal of another
19state or a foreign country.
203. The following support proceedings are available under
21the convention to an obligor against which there is an existing
22support order:
23a. Recognition of an order suspending or limiting
24enforcement of an existing support order of a tribunal of this
25state.
26b. Modification of a support order of a tribunal of this
27state.
28c. Modification of a support order of a tribunal of another
29state or a foreign country.
304. A tribunal of this state may not require security, bond,
31or deposit, however described, to guarantee the payment of
32costs and expenses in proceedings under the convention.
33 Sec. 979. Section 252K.705, subsection 4, Code 2023, is
34amended to read as follows:
354. A petitioner filing a direct request is not entitled to
-710-1assistance from the child support recovery unit services.
2 Sec. 980. Section 252K.708, subsection 3, paragraph b, Code
32023, is amended to read as follows:
4b. The child Child support recovery unit services shall take
5all appropriate measures to request a child support order for
6the obligee if the application for recognition and enforcement
7was received under section 252K.704.
8 Sec. 981. Section 256.1, subsection 1, paragraph e, Code
92023, is amended to read as follows:
10e. Educational supervision over the elementary and secondary
11schools under the control of an administrator of a division of
12 the department of health and human services.
13 Sec. 982. Section 256.9, subsection 15, Code 2023, is
14amended to read as follows:
1515. Provide the same educational supervision for the
16schools maintained by the director of health and human services
17as is provided for the public schools of the state and make
18recommendations to the director of health and human services
19for the improvement of the educational program in those
20institutions.
21 Sec. 983. Section 256.9, subsection 31, paragraph b, Code
222023, is amended to read as follows:
23b. Standards and materials developed shall include materials
24which employ developmentally appropriate practices and
25incorporate substantial parental involvement. The materials
26and standards shall include alternative teaching approaches
27including collaborative teaching and alternative dispute
28resolution training. The department shall consult with the
29child development coordinating council, the state child care
30advisory committee established pursuant to section 135.173A,
31the department of health and human services, the state board
32of regents center for early developmental education, the
33area education agencies, the department of human development
34and family studies in the college of human sciences at
35Iowa state university of science and technology, the early
-711-1childhood elementary division of the college of education at
2the university of Iowa, and the college of education at the
3university of northern Iowa, in developing these standards and
4materials.
5 Sec. 984. Section 256.9, subsection 46, paragraph a, Code
62023, is amended to read as follows:
7a. Develop and make available to school districts, examples
8of age-appropriate and research-based materials and lists
9of resources which parents may use to teach their children
10to recognize unwanted physical and verbal sexual advances,
11to not make unwanted physical and verbal sexual advances,
12to effectively reject unwanted sexual advances, that it is
13wrong to take advantage of or exploit another person, about
14the dangers of sexual exploitation by means of the internet
15including specific strategies to help students protect
16themselves and their personally identifiable information
17from such exploitation, and about counseling, medical, and
18legal resources available to survivors of sexual abuse and
19sexual assault, including resources for escaping violent
20relationships. The materials and resources shall cover verbal,
21physical, and visual sexual harassment, including nonconsensual
22sexual advances, and nonconsensual physical sexual contact. In
23developing the materials and resource list, the director shall
24consult with entities that shall include but not be limited to
25the departments of health and human services, public health,
26 and public safety, education stakeholders, and parent-teacher
27organizations. School districts shall provide age-appropriate
28and research-based materials and a list of available community
29and internet-based resources to parents at registration and
30shall also include the age-appropriate and research-based
31materials and resource list in the student handbook. School
32districts are encouraged to work with their communities to
33provide voluntary parent education sessions to provide parents
34with the skills and appropriate strategies to teach their
35children as described in this subsection. School districts
-712-1shall incorporate the age-appropriate and research-based
2materials into relevant curricula and shall reinforce the
3importance of preventive measures when reasonable with parents
4and students.
5 Sec. 985. Section 256.9, subsection 50, unnumbered
6paragraph 1, Code 2023, is amended to read as follows:
7Convene, in collaboration with the department of public
8 health and human services, a nutrition advisory panel to
9review research in pediatric nutrition conducted in compliance
10with accepted scientific methods by recognized professional
11organizations and agencies including but not limited to the
12institute of medicine. The advisory panel shall submit its
13findings and recommendations, which shall be consistent with
14the dietary guidelines for Americans published jointly by the
15United States department of health and human services and
16department of agriculture if in the judgment of the advisory
17panel the guidelines are supported by the research findings, in
18a report to the state board. The advisory panel may submit to
19the state board recommendations on standards related to federal
20school food programs if the recommendations are intended to
21exceed the existing federal guidelines. The state board
22shall consider the advisory panel report when establishing or
23amending the nutritional content standards required pursuant
24to section 256.7, subsection 29. The director shall convene
25the advisory panel by July 1, 2008, and every five years
26thereafter to review the report and make recommendations for
27changes as appropriate. The advisory panel shall include
28but is not limited to at least one Iowa state university
29extension nutrition and health field specialist and at least
30one representative from each of the following:
31 Sec. 986. Section 256.11, subsection 5, paragraph j,
32subparagraph (1), Code 2023, is amended to read as follows:
33(1) One unit of health education which shall include
34personal health; food and nutrition; environmental health;
35safety and survival skills; consumer health; family life;
-713-1age-appropriate and research-based human growth and
2development; substance abuse use disorder and nonuse; emotional
3and social health; health resources; and prevention and control
4of disease, including age-appropriate and research-based
5information regarding sexually transmitted diseases, including
6HPV and the availability of a vaccine to prevent HPV, and
7acquired immune deficiency syndrome.
8 Sec. 987. Section 256.16, subsection 1, paragraphs b and l,
9Code 2023, are amended to read as follows:
10b. Include in the professional education program,
11preparation that contributes to the education of students
12with disabilities and students who are gifted and talented,
13preparation in developing and implementing individualized
14education programs and behavioral intervention plans,
15preparation for educating individuals in the least restrictive
16environment and identifying that environment, strategies that
17address difficult and violent student behavior and improve
18academic engagement and achievement, and preparation in
19classroom management addressing high-risk behaviors including
20but not limited to behaviors related to substance abuse use
21disorder. Preparation required under this paragraph must be
22successfully completed before graduation from the practitioner
23preparation program.
24l. If the rules adopted by the board of educational
25examiners for issuance of any type or class of license require
26an applicant to complete work in student teaching, pre-student
27teaching experiences, field experiences, practicums, clinicals,
28or internships, enter into a written contract with any school
29district, accredited nonpublic school, preschool registered or
30licensed by the department of health and human services, or
31area education agency in Iowa, to provide for such work under
32terms and conditions as agreed upon by the contracting parties.
33The terms and conditions of a written contract entered into
34with a preschool pursuant to this paragraph shall require
35that a student teacher be under the direct supervision of an
-714-1appropriately licensed cooperating teacher who is employed
2to teach at the preschool. Students actually teaching or
3engaged in preservice licensure activities in a school district
4under the terms of such a contract are entitled to the same
5protection under section 670.8 as is afforded by that section
6to officers and employees of the school district, during the
7time such students are so assigned.
8 Sec. 988. 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 health and human services,
14the Iowa developmental disabilities council, the division
15of insurance of the department of commerce, and the state
16board of regents shall serve as ex officio members of the
17advisory council. Ex officio members shall work together in
18a collaborative manner to serve as a resource to the advisory
19council. The council may also form workgroups as necessary
20to address specific issues within the technical purview of
21individual members.
22 Sec. 989. Section 256.39, subsection 5, Code 2023, is
23amended to read as follows:
245. In developing career pathways program efforts, each
25consortium shall make every effort to cooperate with the
26juvenile courts, the economic development authority, the
27department of workforce development, the department of health
28and human services, and the new Iowa schools development
29corporation.
30 Sec. 990. Section 256.46, subsection 1, paragraph g, Code
312023, is amended to read as follows:
32g. The child is a participant in a substance abuse use
33disorder or mental health program.
34 Sec. 991. Section 256A.2, Code 2023, is amended to read as
35follows:
-715- 1256A.2 Child development coordinating council established.
21. A child development coordinating council is established
3to promote the provision of child development services to
4at-risk three-year-old and four-year-old children. The council
5shall consist of the following members:
6a. The administrator of the division of adult, children
7and family services of the department of human services or the
8administrator’s designee.
9b. a. The director of the department of education or the
10director’s designee.
11c. b. The director of health and human services or the
12director’s designee.
13d. The director of the department of public health or the
14director’s designee.
15e. c. An early childhood specialist of an area education
16agency selected by the area education agency administrators.
17f. d. The dean of the college of human sciences at Iowa
18state university of science and technology or the dean’s
19designee.
20g. e. The dean of the college of education from the
21university of northern Iowa or the dean’s designee.
22h. f. The professor and head of the department of
23pediatrics at the university of Iowa or the professor’s
24designee.
25i. g. A resident of this state who is a parent of a child
26who is or has been served by a federal head start program.
272. Staff assistance for the council shall be provided by
28the department of education. Members of the council shall be
29reimbursed for actual and necessary expenses incurred while
30engaged in their official duties and shall receive per diem
31compensation at the level authorized under section 7E.6,
32subsection 1, paragraph “a”.
33 Sec. 992. Section 256B.2, subsection 2, paragraph c, Code
342023, is amended to read as follows:
35c. For those children who cannot adapt to the regular
-716-1educational or home living conditions, and who are attending
2facilities under chapters 263, 269, and 270, upon the request
3of the board of directors of an area education agency,
4the department of health and human services shall provide
5residential or detention facilities and the area education
6agency shall provide special education programs and services.
7The area education agencies shall cooperate with the board of
8regents to provide the services required by this chapter.
9 Sec. 993. Section 256B.3, subsection 9, Code 2023, is
10amended to read as follows:
119. To cooperate with existing agencies such as the
12department of health and human services, the Iowa department of
13public health, the Iowa school for the deaf, the Iowa braille
14and sight saving school, the children’s hospitals, or other
15agencies concerned with the welfare and health of children
16requiring special education in the coordination of their
17educational activities for such children.
18 Sec. 994. Section 256B.5, Code 2023, is amended to read as
19follows:
20256B.5 Information available upon request by bureau.
21The Iowa department of public health and human services
22 shall furnish to the state bureau of special education
23upon request information obtained from birth certificates
24relative to the name, address, and disability of any case of
25developmental disability. The state child health specialty
26clinics of the university of Iowa shall upon request furnish to
27the state bureau of special education the name, address, and
28disability of all children of their register.
29 Sec. 995. Section 256B.10, subsection 1, paragraph a, Code
302023, is amended to read as follows:
31a. The department of education shall work with the state
32school for the deaf, the area education agencies, school
33districts, and the early hearing detection and intervention
34program in the Iowa department of public health and human
35services for purposes of coordinating, developing, and
-717-1disseminating resources for use by parents or guardians, early
2hearing detection and intervention programs, the state school
3for the deaf, area education agencies, school districts, and
4accredited nonpublic schools to inform deaf and hard-of-hearing
5children’s expressive and receptive language acquisition or
6development.
7 Sec. 996. Section 256B.10, subsection 3, unnumbered
8paragraph 1, Code 2023, is amended to read as follows:
9The department of education, in consultation with the state
10school for the deaf, the area education agencies, school
11districts, and the early hearing detection and intervention
12program in the Iowa department of public health and human
13services, shall select existing tools or assessments that may
14be used by qualified educators to assess American sign language
15and English language and literacy development of deaf and
16hard-of-hearing children from birth through age eight.
17 Sec. 997. Section 256B.10, subsection 5, paragraph b, Code
182023, is amended to read as follows:
19b. The department of education shall work with the early
20hearing detection and intervention program in the Iowa
21 department of public health and human services, the state
22school for the deaf, and the area education agencies when
23developing the guidelines. The department of education,
24in consultation with the Iowa school for the deaf, shall
25administer the family support mentoring program for deaf or
26hard-of-hearing children.
27 Sec. 998. Section 256B.10, subsection 5, paragraph d,
28subparagraph (5), Code 2023, is amended to read as follows:
29(5) Reach out to parents of children identified through
30the early hearing detection and intervention program in the
31Iowa department of public health and human services and share
32information about the family support mentoring program services
33available to such parents.
34 Sec. 999. Section 256B.10, subsection 5, paragraph e, Code
352023, is amended to read as follows:
-718- 1e. The department of education shall coordinate family
2support mentoring activities with the early hearing detection
3and intervention program in the Iowa department of public
4 health and human services, the state school for the deaf, the
5area education agencies, and nonprofit organizations that
6provide family support mentoring to parents with deaf or
7hard-of-hearing children.
8 Sec. 1000. Section 256B.15, subsections 7, 9, and 10, Code
92023, are amended to read as follows:
107. The area education agencies shall transfer to the
11department of health and human services an amount equal to
12the nonfederal share of the payments to be received from the
13medical assistance program pursuant to chapter 249A. The
14nonfederal share amount shall be transferred to the medical
15assistance account prior to claims payment. This requirement
16does not apply to medical assistance reimbursement for
17services provided by an area education agency under part C
18of the federal Individuals With Disabilities Education Act.
19Funds received under this section shall not be considered or
20included as part of the area education agencies’ budgets when
21calculating funds that are to be received by area education
22agencies during a fiscal year.
239. The department of education and the department of health
24and human services shall adopt rules to implement this section.
2510. The department of health and human services shall offer
26assistance to the area education agencies in the identification
27of children eligible for reimbursement for services under this
28section.
29 Sec. 1001. Section 256I.1, Code 2023, is amended to read as
30follows:
31256I.1 Definitions.
32For the purposes of this chapter, unless the context
33otherwise requires:
341. “Department” means the department of management health
35and human services.
-719- 12. “Desired results” means the set of desired results for
2improving the quality of life in this state for young children
3and their families identified in section 256I.2.
43. “Early care”, “early care services”, or “early care
5system” means the programs, services, support, or other
6assistance made available to a parent or other person who is
7involved with addressing the health and education needs of a
8child from zero through age five. “Early care”, “early care
9services”, or “early care system” includes but is not limited to
10public and private efforts and formal and informal settings.
114. “Early childhood Iowa area” means a geographic area
12designated in accordance with this chapter.
135. “Early childhood Iowa area board” or “area board”
14means the board for an early childhood Iowa area created in
15accordance with this chapter.
166. “Early childhood Iowa program” or “program” means the
17early childhood Iowa program established in section 256I.5.
186. 7. “Early childhood Iowa state board” or “state board”
19means the early childhood Iowa state board created in section
20256I.3.
21 Sec. 1002. Section 256I.3, subsection 2, paragraph a, Code
222023, is amended to read as follows:
23a. The board shall consist of twenty-one nineteen voting
24members with fifteen citizen members and six four state agency
25members. The six state agency members shall be the directors
26or their designees of the following agencies: economic
27development authority, education, human rights, health and
28 human services, public health, and workforce development.
29The designees of state agency directors shall be selected on
30an annual basis. The citizen members shall be appointed by
31the governor, subject to confirmation by the senate. The
32governor’s appointments of citizen members shall be made in
33a manner so that each of the state’s congressional districts
34is represented by at least two citizen members and so that
35all the appointments as a whole reflect the ethnic, cultural,
-720-1social, and economic diversity of the state. A member of the
2state board shall not be a provider of services or other entity
3receiving funding through the early childhood Iowa initiative
4or be employed by such a provider or other entity.
5 Sec. 1003. Section 256I.4, subsection 15, Code 2023, is
6amended to read as follows:
715. Work with the early childhood Iowa office program
8 in building public-private partnerships for promoting the
9collaborative early care, education, health, and human services
10system.
11 Sec. 1004. Section 256I.5, subsection 2, Code 2023, is
12amended to read as follows:
132. An early childhood Iowa office program is established
14in the department to provide leadership for facilitation,
15communication, and coordination for the early childhood Iowa
16initiative activities and funding and for improvement of the
17early care, education, health, and human services systems. An
18administrator for the early childhood Iowa office program shall
19be appointed by the director of the department. Other staff
20may also be designated, subject to appropriation made for this
21purpose.
22 Sec. 1005. Section 256I.5, subsection 4, Code 2023, is
23amended to read as follows:
244. The office program shall work with the state and
25area boards to provide leadership for comprehensive system
26development. The office program shall also do all of the
27following:
28a. Enter into memoranda of agreement with the departments
29of education, human rights, human services, public health, and
30workforce development and the economic development authority to
31formalize the commitments of the respective departments and the
32authority to collaborating with and integrating a comprehensive
33early care, education, health, and human services system.
34Items addressed in the memoranda shall include but are not
35limited to data sharing and providing staffing to the technical
-721-1assistance team.
2b. Work with private businesses, foundations, and nonprofit
3organizations to develop sustained funding.
4c. Maintain the internet site in accordance with section
5256I.10.
6d. Propose any needed revisions to administrative rules
7based on stakeholder input.
8e. Provide technical support to the state and area boards
9and to the early childhood Iowa areas through staffing services
10made available through the state agencies that serve on the
11state board.
12f. Develop, collect, disseminate, and provide guidance for
13common performance measures for the programs receiving funding
14under the auspices of the area boards.
15g. If a disagreement arises within an early childhood Iowa
16area regarding the interests represented on the area’s board,
17board decisions, or other disputes that cannot be locally
18resolved, upon request, provide state or regional technical
19assistance as deemed appropriate by the office program to
20assist the area in resolving the disagreement.
21 Sec. 1006. Section 256I.11, subsection 2, unnumbered
22paragraph 1, Code 2023, is amended to read as follows:
23A school ready children grants account is created in the
24fund under the authority of the director of the department of
25education. Moneys credited to the account are appropriated
26to and shall be distributed by the department of education in
27the form of grants to early childhood Iowa areas pursuant to
28criteria established by the state board in accordance with law.
29 Sec. 1007. Section 256I.11, subsection 4, paragraphs a, b,
30and c, Code 2023, are amended to read as follows:
31a. An early childhood programs grant account is created in
32the fund under the authority of the director of the department
33of human services. Moneys credited to the account are
34appropriated to and shall be distributed by the department of
35human services in the form of grants to early childhood Iowa
-722-1areas pursuant to criteria established by the state board in
2accordance with law. The criteria shall include but are not
3limited to a requirement that an early childhood Iowa area must
4be designated by the state board in order to be eligible to
5receive an early childhood programs grant.
6b. An early childhood Iowa area receiving funding from
7the early childhood programs grant account shall comply with
8any federal reporting requirements associated with the use
9of that funding and other results and reporting requirements
10established by the state board. The department of human
11services shall provide technical assistance in identifying and
12meeting the federal requirements. The availability of funding
13provided from the account is subject to changes in federal
14requirements and amendments to Iowa law.
15c. The moneys distributed from the early childhood programs
16grant account shall be used by early childhood Iowa areas
17for the purposes of enhancing quality child care capacity in
18support of parent capability to obtain or retain employment.
19The moneys shall be used with a primary emphasis on low-income
20families and children from zero to age five. Moneys shall be
21provided in a flexible manner and shall be used to implement
22strategies identified by the early childhood Iowa area to
23achieve such purposes. The department of human services may
24use a portion of the funding appropriated to the department
25under this subsection for provision of technical assistance and
26other support to the early childhood Iowa areas developing and
27implementing strategies with grant moneys distributed from the
28account.
29 Sec. 1008. Section 256I.11, subsection 5, Code 2023, is
30amended to read as follows:
315. A first years first account is created in the fund under
32the authority of the department of management. The account
33shall consist of gift or grant moneys obtained from any source,
34including but not limited to the federal government. Moneys
35credited to the account are appropriated to the department to
-723-1be used for the early childhood-related purposes for which the
2moneys were received.
3 Sec. 1009. Section 256I.12, subsections 6 and 7, Code 2023,
4are amended to read as follows:
56. Steering committee. The early childhood stakeholders
6alliance shall operate with a steering committee to organize,
7manage, and coordinate the activities of the alliance and its
8component groups. The steering committee may act on behalf of
9the alliance as necessary. The steering committee membership
10shall consist of the co-chairpersons of the alliance’s
11component groups, the administrator of the early childhood Iowa
12office program, and other leaders designated by the alliance.
137. Component groups. The early childhood stakeholders
14alliance shall maintain component groups to address the
15key components of the Iowa early childhood system. Each
16component group shall have one private and one public agency
17co-chairperson. The alliance may change the component groups
18as deemed necessary by the alliance. Initially, there shall
19be a component group for each of the following: The component
20groups shall implement the strategic plan created pursuant to
21section 256I.4.
22a. Governance planning and administration.
23b. Professional development.
24c. Public engagement.
25d. Quality services and programs.
26e. Resources and funding.
27f. Results accountability.
28 Sec. 1010. Section 256I.13, subsection 1, Code 2023, is
29amended to read as follows:
301. In order to implement the legislative intent stated in
31sections 135.106 and 256I.9, that priority for family support
32program funding be given to programs using evidence-based or
33promising models for family support, it is the intent of the
34general assembly that by July 1, 2016, ninety percent of state
35funds expended for family support programs shall be used for
-724-1evidence-based or promising program models. The remaining ten
2percent of funds may be used for innovative program models that
3do not yet meet the definition of evidence-based or promising
4programs.
5 Sec. 1011. Section 256I.13, subsection 3, paragraphs b and
6e, Code 2023, are amended to read as follows:
7b. The data on families served that is collected by the
8family support programs funded through the early childhood
9Iowa initiative shall include but is not limited to basic
10demographic information, services received, funding utilized,
11and program outcomes for the children and families served. The
12state board shall adopt performance benchmarks for the family
13support programs and shall revise the Iowa family support
14credential to incorporate the performance benchmarks on or
15before January 1, 2014.
16e. The state board shall develop a plan to implement a
17coordinated intake and referral process for publicly funded
18family support programs in order to engage the families
19expecting a child or with newborn and infant children through
20age five in all communities in the state by July 1, 2015.
21 Sec. 1012. Section 257.11, subsection 4, paragraph e,
22subparagraphs (2) and (3), Code 2023, are amended to read as
23follows:
24(2) The pupil is not in a court-ordered placement under
25chapter 232 under the care and custody of the department of
26health and human services or juvenile court services.
27(3) The pupil is not in the state training school pursuant
28to a court order entered under chapter 232 under the care and
29custody of the department of health and human services.
30 Sec. 1013. Section 257.41, subsection 4, paragraphs b and c,
31Code 2023, are amended to read as follows:
32b. The student is not in a court-ordered placement under
33chapter 232 under the care and custody of the department of
34health and human services or juvenile court services.
35c. The student is not in the state training school pursuant
-725-1to a court order entered under chapter 232 under the care and
2custody of the department of health and human services.
3 Sec. 1014. Section 260C.40, Code 2023, is amended to read
4as follows:
5260C.40 Prohibition of controlled substances.
6Each community college shall adopt a policy that prohibits
7unlawful possession, use, or distribution of controlled
8substances by students and employees on property owned
9or leased by the community college or in conjunction with
10activities sponsored by a community college. Each community
11college shall provide information about the policy to all
12students and employees. The policy shall include a clear
13statement of sanctions for violation of the policy and
14information about available drug or alcohol counseling and
15rehabilitation programs. In carrying out this policy, the
16community college shall provide substance abuse use disorder
17 prevention programs for students and employees.
18 Sec. 1015. Section 261.2, subsection 6, Code 2023, is
19amended to read as follows:
206. Develop and implement, in cooperation with the
21department of health and human services and the judicial
22branch, a program to assist juveniles who are sixteen years of
23age or older and who have a case permanency plan under chapter
24232 or 237 or are otherwise under the jurisdiction of chapter
25232 in applying for federal and state aid available for higher
26education.
27 Sec. 1016. Section 261.9, subsection 1, paragraph e, Code
282023, is amended to read as follows:
29e. Adopts a policy that prohibits unlawful possession,
30use, or distribution of controlled substances by students and
31employees on property owned or leased by the institution or
32in conjunction with activities sponsored by the institution.
33Each institution shall provide information about the policy
34to all students and employees. The policy shall include a
35clear statement of sanctions for violation of the policy
-726-1and information about available drug or alcohol counseling
2and rehabilitation programs. In carrying out this policy,
3an institution shall provide substance abuse use disorder
4 prevention programs for students and employees.
5 Sec. 1017. Section 261.71, subsection 3, Code 2023, is
6amended to read as follows:
73. For purposes of this section “graduate student” means
8a student who has completed at least ninety semester hours,
9or the trimester or quarter equivalent, of postsecondary
10course work at a public higher education institution or at an
11accredited private institution, as defined under section 261.9.
12“Underserved area” means a geographical area included on the
13Iowa governor’s health practitioner shortage area list, which
14is compiled by the center for rural health and primary care
15of the Iowa department of public health and human services.
16The commission shall adopt rules, consistent with rules used
17for students enrolled in higher education institutions under
18the control of the state board of regents, for purposes of
19determining Iowa residency status of graduate students under
20this section. The commission shall also adopt rules which
21provide standards, guidelines, and procedures for the receipt,
22processing, and administration of student applications and
23loans under this section.
24 Sec. 1018. Section 261.87, subsection 1, paragraph b, Code
252023, is amended to read as follows:
26b. “Eligible foster care student” means a person who has a
27high school diploma or a high school equivalency diploma under
28chapter 259A and is described by any of the following:
29(1) Is age seventeen and is in a court-ordered placement
30under chapter 232 under the care and custody of the department
31of health and human services or juvenile court services.
32(2) Is age seventeen and has been placed in a state juvenile
33institution pursuant to a court order entered under chapter
34232 under the care and custody of the department of health and
35 human services.
-727- 1(3) Is described by any of the following:
2(a) On the date the person reached age eighteen or during
3the thirty calendar days preceding or succeeding that date,
4the person was in a licensed foster care placement pursuant
5to a court order entered under chapter 232 under the care and
6custody of the department of health and human services or
7juvenile court services.
8(b) On the date the person reached age eighteen or during
9the thirty calendar days preceding or succeeding that date, the
10person was under a court order under chapter 232 to live with a
11relative or other suitable person.
12(c) The person was in a licensed foster care placement
13pursuant to an order entered under chapter 232 prior to being
14legally adopted after reaching age sixteen.
15(d) On the date the person reached age eighteen or during
16the thirty calendar days preceding or succeeding that date,
17the person was placed in a state juvenile institution pursuant
18to a court order entered under chapter 232 under the care and
19custody of the department of health and human services.
20 Sec. 1019. Section 262.9A, Code 2023, is amended to read as
21follows:
22262.9A Prohibition of controlled substances.
23The state board of regents shall adopt a policy that
24prohibits unlawful possession, use, or distribution of
25controlled substances by students and employees on property
26owned or leased by an institution or in conjunction with
27activities sponsored by an institution governed by the board.
28Each institution shall provide information about the policy
29to all students and employees. The policy shall include a
30clear statement of sanctions for violation of the policy
31and information about available drug or alcohol counseling
32and rehabilitation programs. In carrying out this policy,
33the institutions shall provide substance abuse use disorder
34 prevention programs for students and employees.
35 Sec. 1020. Section 262.70, Code 2023, is amended to read as
-728-1follows:
2262.70 Education, prevention, and research programs in mental
3health and disability services.
4The division of mental health and disability services of
5the department of health and human services may contract with
6the board of regents or any institution under the board’s
7jurisdiction to establish and maintain programs of education,
8prevention, and research in the fields of mental health,
9intellectual disability, developmental disabilities, and
10brain injury. The board may delegate responsibility for these
11programs to the state psychiatric hospital, the university
12hospital, or any other appropriate entity under the board’s
13jurisdiction.
14 Sec. 1021. Section 262.71, Code 2023, is amended to read as
15follows:
16262.71 Center for early development education.
17The board of regents shall develop a center for early
18development education at one of the regents institutions
19specified in section 262.7, subsections 1 through 3. The
20center’s programs shall be conducted in a laboratory school
21setting to serve as a model for early childhood education.
22The programs shall include, but not be limited to, programs
23designed to accommodate the needs of at-risk children. The
24teacher education programs at all three state universities
25shall cooperate in developing the center and its programs. The
26center’s programs shall take a holistic approach and the center
27shall, in developing its programs, consult with representatives
28from each of the following agencies, institutions, or groups:
291. The university of northern Iowa.
302. Iowa state university.
313. The university of Iowa.
324. The division of child and family services of the
33department of human services.
345. The department of public health.
356. 4. The department of health and human services.
-729- 17. 5. An early childhood development specialist from an
2area education agency.
38. 6. A parent of a child in a head start program.
49. 7. The department of education.
510. 8. The child development coordinating council.
6 Sec. 1022. Section 262.78, subsections 2 and 3, Code 2023,
7are amended to read as follows:
82. The center shall cooperate with the center for rural
9health and primary care, established under department of health
10and human services pursuant to section 135.107, the center
11for health effects of environmental contamination established
12pursuant to section 263.17, and the department of agriculture
13and land stewardship. The agencies shall coordinate programs
14to the extent practicable.
153. The president of the university of Iowa, in consultation
16with the president of Iowa state university of science and
17technology, shall employ a full-time director of the center.
18The center may employ staff to carry out the center’s purpose.
19The director shall coordinate the agricultural health and
20safety programs of the center. The director shall regularly
21meet and consult with the center for rural health and primary
22care department of health and human services pursuant to
23section 135.107. The director shall provide the board of
24regents with relevant information regarding the center.
25 Sec. 1023. Section 263.8, subsection 2, Code 2023, is
26amended to read as follows:
272. In addition to its regular work, the state hygienic
28laboratory shall perform without charge all bacteriological,
29serological, and epidemiological examinations and
30investigations which may be required by the Iowa department of
31public health and human services and the department shall adopt
32rules pursuant to chapter 17A therefor for the examinations
33and investigations. The laboratory shall also provide, those
34laboratory, scientific field measurement, and environmental
35quality services which, by contract, are requested by the other
-730-1agencies of government.
2 Sec. 1024. Section 263.10, Code 2023, is amended to read as
3follows:
4263.10 Persons admitted.
5Every resident of the state who is not more than twenty-one
6years of age, who has such severe disabilities as to be unable
7to acquire an education in the public or accredited nonpublic
8schools, and every such person who is twenty-one and under
9thirty-five years of age who has the consent of the state board
10of regents, shall be entitled to receive an education, care,
11and training in the university of Iowa hospitals and clinics
12center for disabilities and development, and nonresidents
13similarly situated may be entitled to an education and care at
14the center upon such terms as may be fixed by the state board
15of regents. The fee for nonresidents shall be not less than
16the average expense of resident pupils and shall be paid in
17advance. Residents and persons under the care and control of a
18director of a division of the department of health and human
19services who have severe disabilities may be transferred to the
20center upon such terms as may be agreed upon by the state board
21of regents and the director of health and human services.
22 Sec. 1025. Section 263.17, subsection 2, paragraph a,
23subparagraph (10), Code 2023, is amended to read as follows:
24(10) The Iowa department of public health and human
25services.
26 Sec. 1026. Section 263.17, subsection 7, Code 2023, is
27amended to read as follows:
287. The center shall cooperate with the center for rural
29health and primary care, established under department of
30health and human services pursuant to section 135.107, the
31center for agricultural safety and health established under
32section 262.78, and the department of agriculture and land
33stewardship. The agencies shall coordinate programs to the
34extent practicable.
35 Sec. 1027. Section 263.21, Code 2023, is amended to read as
-731-1follows:
2263.21 Transfer of patients from state institutions.
3The director of the department of health and human services,
4in respect to institutions under the director’s control, the
5administrator of any of the divisions of the department, in
6respect to the institutions under the administrator’s control,
7 the director of the department of corrections, in respect to
8the institutions under the department’s control, and the state
9board of regents, in respect to the Iowa braille and sight
10saving school and the Iowa school for the deaf, may send any
11inmate, student, or patient of an institution, or any person
12committed or applying for admission to an institution, to
13the university of Iowa hospitals and clinics for treatment
14and care. The department of health and human services, the
15department of corrections, and the state board of regents shall
16respectively pay the traveling expenses of such patient, and
17when necessary the traveling expenses of an attendant for
18the patient, out of funds appropriated for the use of the
19institution from which the patient is sent.
20 Sec. 1028. Section 263B.7, Code 2023, is amended to read as
21follows:
22263B.7 Ancient remains.
23The state archaeologist has the primary responsibility
24for investigating, preserving, and reinterring discoveries
25of ancient human remains. For the purposes of this section,
26ancient human remains are those remains found within the state
27which are more than one hundred fifty years old. The state
28archaeologist shall make arrangements for the services of a
29forensic osteologist in studying and interpreting ancient
30burials and may designate other qualified archaeologists to
31assist the state archaeologist in recovering physical and
32cultural information about the ancient burials. The state
33archaeologist shall file with the Iowa department of public
34 health and human services a written report containing both
35physical and cultural information regarding the remains at the
-732-1conclusion of each investigation.
2 Sec. 1029. Section 272C.1, subsection 6, paragraph ad, Code
32023, is amended to read as follows:
4ad. The director of public health and human services in
5certifying emergency medical care providers and emergency
6medical care services pursuant to chapter 147A.
7 Sec. 1030. Section 272C.3, subsection 1, paragraph k, Code
82023, is amended to read as follows:
9k. Establish a licensee review committee for the purpose
10of evaluating and monitoring licensees who are impaired as
11a result of alcohol or drug abuse substance use disorder,
12dependency, or addiction, or by any mental or physical disorder
13or disability, and who self-report the impairment to the
14committee, or who are referred by the board to the committee.
15Members of the committee shall receive actual expenses for the
16performance of their duties and shall be eligible to receive
17per diem compensation pursuant to section 7E.6. The board
18shall adopt rules for the establishment and administration of
19the committee, including but not limited to establishment of
20the criteria for eligibility for referral to the committee and
21the grounds for disciplinary action for noncompliance with
22committee decisions. Information in the possession of the
23board or the licensee review committee, under this paragraph,
24shall be subject to the confidentiality requirements of section
25272C.6. Referral of a licensee by the board to a licensee
26review committee shall not relieve the board of any duties
27of the board and shall not divest the board of any authority
28or jurisdiction otherwise provided. A licensee who violates
29section 272C.10 or the rules of the board while under review by
30the licensee review committee shall be referred to the board
31for appropriate action.
32 Sec. 1031. Section 272C.6, subsection 6, paragraph b, Code
332023, is amended to read as follows:
34b. The department of agriculture and land stewardship, the
35department of commerce insurance and financial services, the
-733-1department of inspections, appeals, and licensing, and the Iowa
2 department of public health and human services shall each adopt
3rules pursuant to chapter 17A which provide for the allocation
4of fees and costs collected pursuant to this section to the
5board under its jurisdiction collecting the fees and costs.
6The fees and costs shall be considered repayment receipts as
7defined in section 8.2.
8 Sec. 1032. Section 279.49, subsections 1 and 3, Code 2023,
9are amended to read as follows:
101. The board of directors of a school corporation may
11operate or contract for the operation of a program to provide
12child care to children not enrolled in school or to students
13enrolled in kindergarten through grade six before and after
14school, or to both. Programs operated or contracted by a
15board shall be licensed by the department of health and human
16services under chapter 237A as a child care center unless
17the program is exempt from licensure under chapter 237A.
18Notwithstanding requirements of the department of health and
19 human services regarding space allocated to child care centers
20licensed under chapter 237A, a program operated or contracted
21by a board which is located on school grounds may define
22alternative spaces, in policy and procedures, appropriate to
23meet the needs of children in the program if the primary space
24is required for another use.
253. The facilities housing a program operated under this
26section shall comply with standards adopted by the state fire
27marshal for school buildings under chapter 100. In addition,
28if a program involves children who are younger than school
29age, the facilities housing those children shall meet the fire
30safety standards which would apply to that age of child in a
31child care facility licensed by the department of health and
32 human services.
33 Sec. 1033. Section 279.50, subsection 8, Code 2023, is
34amended to read as follows:
358. The department of education shall identify and
-734-1disseminate information about early intervention programs
2for students who are at the greatest risk of suffering from
3the problem of dropping out of school, substance abuse use
4disorder, adolescent pregnancy, or suicide.
5 Sec. 1034. Section 279.60, subsection 2, Code 2023, is
6amended to read as follows:
72. The school district shall also collect information from
8each parent, guardian, or legal custodian of a kindergarten
9student enrolled in the district on whether the student
10attended preschool. Each school district shall report the
11preschool information collected to the department of education
12in the manner prescribed by the department not later than
13January 1 of that school year. The early childhood Iowa office
14 program in the department of management health and human
15services shall have access to the raw data. The department of
16education shall review the information submitted pursuant to
17this section and shall submit its findings and recommendations
18annually in a report to the governor, the general assembly, the
19early childhood Iowa state board, and the early childhood Iowa
20area boards.
21 Sec. 1035. Section 279.76, subsection 3, paragraph a, Code
222023, is amended to read as follows:
23a. “Emergent care situation” means a sudden or unforeseen
24occurrence or onset of a medical or behavioral condition that
25could result in serious injury or harm to a student or others
26in the event immediate medical attention is not provided.
27“Emergent care situation” includes the need to screen a student
28or others for symptoms or exposures during an outbreak or
29public health event of concern as designated by the department
30of public health and human services.
31 Sec. 1036. Section 280.13C, subsection 3, paragraph a, Code
322023, is amended to read as follows:
33a. The department of public health and human services, the
34 Iowa high school athletic association, and the Iowa girls high
35school athletic union shall work together to develop training
-735-1materials and courses regarding concussions and brain injuries,
2including training regarding evaluation, prevention, symptoms,
3risks, and long-term effects of concussions and brain injuries.
4Each coach or contest official shall complete such training at
5least every two years.
6 Sec. 1037. Section 280.13C, subsection 4, Code 2023, is
7amended to read as follows:
84. Guidelines and information sheet.
9a. The department of public health and human services, the
10 Iowa high school athletic association, and the Iowa girls high
11school athletic union shall work together to distribute the
12guidelines of the centers for disease control and prevention
13of the United States department of health and human services
14and other pertinent information to inform and educate coaches,
15students, and the parents and guardians of students of the
16risks, signs, symptoms, and behaviors consistent with a
17concussion or brain injury, including the danger of continuing
18to participate in extracurricular interscholastic activities
19after suffering a concussion or brain injury and their
20responsibility to report such signs, symptoms, and behaviors
21if they occur.
22b. For school years beginning on or after July 1, 2018,
23each school district and nonpublic school shall provide to the
24parent or guardian of each student in grades seven through
25twelve a concussion and brain injury information sheet,
26as provided by the department of public health and human
27services, the Iowa high school athletic association, and the
28Iowa girls high school athletic union. The student and the
29student’s parent or guardian shall sign and return a copy
30of the concussion and brain injury information sheet to the
31student’s school prior to the student’s participation in any
32extracurricular interscholastic activity.
33 Sec. 1038. Section 280.13C, subsection 6, paragraph a, Code
342023, is amended to read as follows:
35a. The department of public health and human services, in
-736-1cooperation with the Iowa high school athletic association
2and the Iowa girls high school athletic union, shall develop
3a return-to-play protocol based on peer-reviewed scientific
4evidence consistent with the guidelines of the centers for
5disease control and prevention of the United States department
6of health and human services, for a student’s return to
7participation in any extracurricular interscholastic activity
8after showing signs, symptoms, or behaviors consistent with a
9concussion or brain injury. The department of public health
10and human services shall adopt the return-to-play protocol
11by rule pursuant to chapter 17A. The board of directors
12of each school district and the authorities in charge of
13each accredited nonpublic school with enrolled students who
14participate in an extracurricular interscholastic activity
15which is a contest in grades seven through twelve shall adopt
16such protocol by July 1, 2019.
17 Sec. 1039. Section 280.16, subsection 1, paragraph a, Code
182023, is amended to read as follows:
19a. “Bronchodilator” means a bronchodilator as recommended
20by the department of public health and human services for
21treatment of a student’s respiratory distress, asthma, or other
22airway constricting disease.
23 Sec. 1040. Section 280.16, subsection 7, Code 2023, is
24amended to read as follows:
257. The Iowa braille and sight saving school, the Iowa school
26for the deaf, and the institutions under the control of the
27department of health and human services as provided in section
28218.1 are exempt from the provisions of this section.
29 Sec. 1041. Section 280.17, subsection 1, Code 2023, is
30amended to read as follows:
311. The board of directors of a school district and the
32authorities in charge of a nonpublic school shall prescribe
33procedures, in accordance with the guidelines contained in
34the model policy developed by the department of education in
35consultation with the department of health and human services,
-737-1and adopted by the department of education pursuant to chapter
217A, for the handling of reports of child abuse, as defined in
3section 232.68, subsection 2, paragraph “a”, subparagraph (1),
4(3), or (5), alleged to have been committed by an employee or
5agent of the public or nonpublic school.
6 Sec. 1042. Section 280.25, subsection 1, Code 2023, is
7amended to read as follows:
81. The board of directors of each public school and the
9authorities in charge of each accredited nonpublic school
10shall adopt a policy and the superintendent of each public
11school shall adopt rules which provide that the school
12district or school may share information contained within a
13student’s permanent record pursuant to an interagency agreement
14with state and local agencies that are part of the juvenile
15justice system. These agencies include, but are not limited
16to, juvenile court services, the department of health and
17 human services, and local law enforcement authorities. The
18disclosure of information shall be directly related to the
19juvenile justice system’s ability to effectively serve, prior
20to adjudication, the student whose records are being released.
21 Sec. 1043. Section 280.29, subsection 1, paragraph e, Code
222023, is amended to read as follows:
23e. Enter into a memorandum of understanding with the
24department of health and human services regarding the exchange
25of information as appropriate to facilitate the enrollment
26transition of children adjudicated under chapter 232 or
27receiving foster care services from one school to another
28school.
29 Sec. 1044. Section 280.32, subsections 3 and 6, Code 2023,
30are amended to read as follows:
313. Radon testing pursuant to this section conducted on and
32after July 1, 2022, shall be conducted by a person certified
33to conduct such testing pursuant to section 136B.1 or by
34district employees that have completed a school radon testing
35training program approved by the department of education and
-738-1the department of public health and human services. District
2employees that have completed training shall not perform
3testing services in locations other than the employee’s
4employing district. The department of public health and human
5services shall maintain and make available to school districts
6a list of such approved school radon testing training programs.
7Testing shall be based on recognized national standards that
8outline school radon testing practices.
96. In consultation with appropriate stakeholders and the
10department of education, the department of public health and
11human services shall adopt rules to administer this section.
12 Sec. 1045. Section 280A.1, subsection 3, Code 2023, is
13amended to read as follows:
143. “Behavioral health screening” or “screening” means a
15screening and assessment performed using a universal behavioral
16health screening and assessment tool, approved for use by the
17department of education in consultation with the department of
18public health and the department of human services, to identify
19factors that place children at higher risk for behavioral
20health conditions, to determine appropriate treatment or
21intervention, and to identify the need for referral for
22appropriate services.
23 Sec. 1046. Section 282.18, subsection 7, paragraph b, Code
242023, is amended to read as follows:
25b. If a request to transfer is due to a change in family
26residence, a change in a child’s residence from the residence
27of one parent or guardian to the residence of a different
28parent or guardian, a change in the state in which the family
29residence is located, a change in a child’s parents’ marital
30status, a guardianship proceeding, placement in foster care,
31adoption, participation in a foreign exchange program, or
32participation in a substance abuse use disorder or mental
33health treatment program, and the child who is the subject of
34the request is enrolled in any grade from kindergarten through
35grade twelve or who is a prekindergarten student enrolled in a
-739-1special education program at the time of the request and is not
2currently using any provision of open enrollment, the parent or
3guardian of the child shall have the option to have the child
4remain in the child’s original district of residence under open
5enrollment with no interruption in the child’s educational
6program. If a parent or guardian exercises this option, the
7child’s new district of residence is not required to pay the
8amount calculated in subsection 5 or 6, as applicable, until
9the start of the first full year of enrollment of the child.
10 Sec. 1047. Section 282.18, subsection 9, paragraph a,
11subparagraph (8), Code 2023, is amended to read as follows:
12(8) If the pupil participates in open enrollment because
13of circumstances that meet the definition of good cause. For
14purposes of this subparagraph, “good cause” means a change in a
15child’s residence due to a change in family residence, a change
16in a child’s residence from the residence of one parent or
17guardian to the residence of a different parent or guardian, a
18change in the state in which the family residence is located,
19a change in a child’s parents’ marital status, a guardianship
20or custody proceeding, placement in foster care, adoption,
21participation in a foreign exchange program, initial placement
22of a prekindergarten student in a special education program
23requiring specially designed instruction, or participation
24in a substance abuse use disorder or mental health treatment
25program, a change in the status of a child’s resident district
26such as removal of accreditation by the state board, surrender
27of accreditation, or permanent closure of a nonpublic school,
28revocation of a charter school contract as provided in section
29256E.10 or 256F.8, the failure of negotiations for a whole
30grade sharing, reorganization, dissolution agreement, or the
31rejection of a current whole grade sharing agreement, or
32reorganization plan.
33 Sec. 1048. Section 282.19, Code 2023, is amended to read as
34follows:
35282.19 Child living in substance abuse use disorder or foster
-740-1care placement.
21. A child who is living in a facility that provides
3residential treatment as “facility” is defined in section
4125.2, which is located in a school district other than the
5school district in which the child resided before entering the
6facility may enroll in and attend an accredited school in the
7school district in which the child is living.
82. A child who is living in a licensed individual or agency
9child foster care facility, as defined in section 237.1, or
10in an unlicensed relative foster care placement, shall remain
11enrolled in and attend an accredited school in the school
12district in which the child resided and is enrolled at the
13time of placement, unless it is determined by the juvenile
14court or the public or private agency of this state that has
15responsibility for the child’s placement that remaining in such
16school is not in the best interests of the child. If such
17a determination is made, the child may attend an accredited
18school located in the school district in which the child is
19living and not in the school district in which the child
20resided prior to receiving foster care.
213. The instructional costs for students who do not require
22special education shall be paid as provided in section 282.31,
23subsection 1, paragraph “b”, or for students who require
24special education shall be paid as provided in section 282.31,
25subsection 2 or 3.
26 Sec. 1049. Section 282.27, subsection 3, paragraph b, Code
272023, is amended to read as follows:
28b. The child is not placed by the department of health and
29 human services or a court in a day program treatment program in
30such psychiatric unit or institution.
31 Sec. 1050. Section 282.27, subsection 4, paragraph b, Code
322023, is amended to read as follows:
33b. The child is not placed by the department of health and
34 human services or a court in a day program treatment program in
35such psychiatric unit or institution.
-741-1 Sec. 1051. Section 282.33, subsection 1, Code 2023, is
2amended to read as follows:
31. A child who resides in an institution for children
4under the jurisdiction of the director of health and human
5services referred to in section 218.1, subsection 3, 4, or
6 5, or 6, and who is not enrolled in the educational program
7of the district of residence of the child, shall receive
8appropriate educational services. The institution in which
9the child resides shall submit a proposed program and budget
10based on the average daily attendance of the children residing
11in the institution to the department of education and the
12department of health and human services by January 1 for the
13next succeeding school year. The department of education shall
14review and approve or modify the proposed program and budget
15and shall notify the department of administrative services of
16its action by February 1. The department of administrative
17services shall pay the approved budget amount to the department
18of health and human services in monthly installments beginning
19September 15 and ending June 15 of the next succeeding school
20year. The installments shall be as nearly equal as possible as
21determined by the department of administrative services, taking
22into consideration the relative budget and cash position of the
23state’s resources. The department of administrative services
24shall pay the approved budget amount for the department
25of health and human services from the moneys appropriated
26under section 257.16 and the department of health and human
27services shall distribute the payment to the institution. The
28institution shall submit an accounting for the actual cost of
29the program to the department of education by August 1 of the
30following school year. The department shall review and approve
31or modify all expenditures incurred in compliance with the
32guidelines adopted pursuant to section 256.7, subsection 10,
33and shall notify the department of administrative services of
34the approved accounting amount. The approved accounting amount
35shall be compared with any amounts paid by the department of
-742-1administrative services to the department of health and human
2services and any differences added to or subtracted from the
3October payment made under this subsection for the next school
4year. Any amount paid by the department of administrative
5services shall be deducted monthly from the state foundation
6aid paid under section 257.16 to all school districts in the
7state during the subsequent fiscal year. The portion of the
8total amount of the approved budget that shall be deducted from
9the state aid of a school district shall be the same as the
10ratio that the budget enrollment for the budget year of the
11school district bears to the total budget enrollment in the
12state for that budget year in which the deduction is made.
13 Sec. 1052. Section 283A.2, subsection 3, Code 2023, is
14amended to read as follows:
153. Each school district that operates or provides for
16a school breakfast or lunch program shall provide for the
17forwarding of information from the applications for the school
18breakfast or lunch program, for which federal funding is
19provided, to identify children for enrollment in the medical
20assistance program pursuant to chapter 249A or the healthy
21and well kids in Iowa program pursuant to chapter 514I to the
22department of health and human services.
23 Sec. 1053. Section 285.1, subsection 1, paragraph a,
24subparagraph (3), Code 2023, is amended to read as follows:
25(3) Children attending prekindergarten programs offered or
26sponsored by the district or nonpublic school and approved by
27the department of education or department of health and human
28services or children participating in preschool in an approved
29local program under chapter 256C may be provided transportation
30services. However, transportation services provided to
31nonpublic school children are not eligible for reimbursement
32under this chapter.
33 Sec. 1054. Section 303.3C, subsection 1, paragraph a, Code
342023, is amended to read as follows:
35a. The department of cultural affairs shall establish
-743-1and administer an Iowa great places program for purposes
2of combining resources of state government in an effort to
3showcase the unique and authentic qualities of communities,
4regions, neighborhoods, and districts that make such places
5exceptional places to work and live. The department of
6cultural affairs shall provide administrative assistance to
7the Iowa great places board. The department of cultural
8affairs shall coordinate the efforts of the Iowa great places
9board with the efforts of state agencies participating in
10the program which shall include, but not be limited to, the
11economic development authority, the Iowa finance authority, the
12department of health and human rights services, the department
13of natural resources, the state department of transportation,
14and the department of workforce development.
15 Sec. 1055. Section 307.24, subsection 5, paragraph b, Code
162023, is amended to read as follows:
17b. For department of health and human services facility
18roads, six and one-half percent.
19 Sec. 1056. Section 321.1, subsection 8, paragraph g, Code
202023, is amended to read as follows:
21g. If authorized to transport patients or clients by the
22director of the department of health and human services or the
23director’s designee, an employee of the department of health
24and human services is not a chauffeur when transporting the
25patients or clients in an automobile.
26 Sec. 1057. Section 321.19, subsection 1, paragraph c,
27subparagraph (3), Code 2023, is amended to read as follows:
28(3) Persons in the department of justice, the alcoholic
29beverages division of the department of commerce, disease
30investigators of the Iowa department of public health and human
31services, the department of inspections and appeals, and the
32department of revenue, who are regularly assigned to conduct
33investigations which cannot reasonably be conducted with a
34vehicle displaying “official” state registration plates.
35 Sec. 1058. Section 321.34, subsection 11A, paragraphs b and
-744-1c, Code 2023, are amended to read as follows:
2b. Love our kids plates shall be designed by the department
3in cooperation with the Iowa department of public health and
4human services.
5c. The special fee for letter-number designated love our
6kids plates is thirty-five dollars. The fee for personalized
7love our kids plates is twenty-five dollars, which shall
8be paid in addition to the special love our kids fee of
9thirty-five dollars. The fees collected by the director under
10this subsection shall be paid monthly to the treasurer of
11state and deposited in the road use tax fund. The treasurer
12of state shall transfer monthly from the statutory allocations
13fund created under section 321.145, subsection 2, to the Iowa
14 department of public health and human services the amount
15of the special fees collected in the previous month for the
16love our kids plates. Notwithstanding section 8.33, moneys
17transferred under this subsection shall not revert to the
18general fund of the state.
19 Sec. 1059. Section 321.34, subsection 23, paragraph c, Code
202023, is amended to read as follows:
21c. The special fee for letter-number designated breast
22cancer awareness plates is thirty-five dollars. The fee for
23personalized breast cancer awareness plates is twenty-five
24dollars, which shall be paid in addition to the special
25breast cancer awareness fee of thirty-five dollars. The fees
26collected by the director under this subsection shall be paid
27monthly to the treasurer of state and deposited in the road
28use tax fund. The treasurer of state shall transfer monthly
29from the statutory allocations fund created under section
30321.145, subsection 2, to the Iowa department of public health
31and human services the amount of the special fees collected
32in the previous month for the breast cancer awareness plates
33and such funds are appropriated to the Iowa department of
34public health and human services. The Iowa department of
35public health and human services shall distribute one hundred
-745-1percent of the funds received monthly in the form of grants to
2support breast cancer screenings for both men and women who
3meet eligibility requirements like those established by the
4Susan G. Komen foundation. In the awarding of grants, the Iowa
5 department of public health and human services shall give first
6consideration to affiliates of the Susan G. Komen foundation
7and similar nonprofit organizations providing for breast cancer
8screenings at no cost in Iowa. Notwithstanding section 8.33,
9moneys transferred under this subsection shall not revert to
10the general fund of the state.
11 Sec. 1060. Section 321.178, subsection 1, paragraph a,
12subparagraph (1), Code 2023, is amended to read as follows:
13(1) A minimum of four hours of instruction concerning
14substance abuse use disorder and distracted driving.
15 Sec. 1061. Section 321.178A, subsection 3, paragraph a,
16subparagraph (2), Code 2023, is amended to read as follows:
17(2) Instruction concerning substance abuse use disorder and
18distracted driving.
19 Sec. 1062. Section 321.215, subsection 1, paragraph a,
20subparagraph (4), Code 2023, is amended to read as follows:
21(4) The person’s substance abuse use disorder treatment.
22 Sec. 1063. Section 321.231B, subsection 1, paragraph b,
23Code 2023, is amended to read as follows:
24b. An emergency medical care provider, as defined in
25section 147A.1, operating the authorized emergency vehicle who
26has completed an emergency vehicle operations course and any
27applicable continuing education requirements established or
28approved by the department of public health and human services.
29 Sec. 1064. Section 321.423, subsection 7, paragraph a,
30subparagraph (2), unnumbered paragraph 1, Code 2023, is amended
31to read as follows:
32On a vehicle authorized by the director of public health and
33human services when all of the following apply:
34 Sec. 1065. Section 321.423, subsection 7, paragraph a,
35subparagraph (2), subparagraph division (b), Code 2023, is
-746-1amended to read as follows:
2(b) The request for authorization is made by the member
3on forms provided by the Iowa department of public health and
4human services.
5 Sec. 1066. Section 321.423, subsection 7, paragraph b, Code
62023, is amended to read as follows:
7b. The Iowa department of public health and human services
8 shall adopt rules to establish issuance standards, including
9allowing local emergency medical service providers to issue
10certificates of authorization, and shall adopt rules to
11establish certificate of authorization revocation procedures.
12 Sec. 1067. Section 321.451, subsection 1, paragraph h, Code
132023, is amended to read as follows:
14h. A vehicle owned by a chief, medical director, or
15certified medical provider of an authorized emergency medical
16service, if the application for a certificate of designation is
17requested by the chief, medical officer, or medical director
18of the authorized emergency medical service. However, the
19department shall not approve an application received pursuant
20to this paragraph unless the owner of the vehicle has completed
21an emergency vehicle operations course approved by the
22department of public health and human services, and provided
23proof of financial liability coverage or risk pool coverage.
24 Sec. 1068. Section 321J.2, subsection 3, paragraph e, Code
252023, is amended to read as follows:
26e. Assignment to substance abuse use disorder evaluation and
27treatment, a course for drinking drivers, and, if available and
28appropriate, a reality education substance abuse use disorder
29 prevention program pursuant to section 321J.24.
30 Sec. 1069. Section 321J.2, subsection 4, paragraph d, Code
312023, is amended to read as follows:
32d. Assignment to substance abuse use disorder evaluation and
33treatment, a course for drinking drivers, and, if available and
34appropriate, a reality education substance abuse use disorder
35 prevention program pursuant to section 321J.24.
-747-1 Sec. 1070. Section 321J.2, subsection 5, paragraph d, Code
22023, is amended to read as follows:
3d. Assignment to substance abuse use disorder evaluation and
4treatment, a course for drinking drivers, and, if available and
5appropriate, a reality education substance abuse use disorder
6 prevention program pursuant to section 321J.24.
7 Sec. 1071. Section 321J.2, subsection 7, paragraphs a and b,
8Code 2023, are amended to read as follows:
9a. All persons convicted of an offense under subsection 2
10shall be ordered, at the person’s expense, to undergo, prior
11to sentencing, a substance abuse use disorder evaluation. The
12court shall order the person to follow the recommendations
13proposed in the substance abuse use disorder evaluation as
14provided in section 321J.3.
15b. Where the program is available and is appropriate for
16the convicted person, a person convicted of an offense under
17subsection 2 shall be ordered to participate in a reality
18education substance abuse use disorder prevention program as
19provided in section 321J.24.
20 Sec. 1072. Section 321J.3, Code 2023, is amended to read as
21follows:
22321J.3 Substance abuse use disorder evaluation or treatment
23— rules.
241. a. In addition to orders issued pursuant to section
25321J.2, subsections 3, 4, and 5, and section 321J.17, the court
26shall order any defendant convicted under section 321J.2 to
27follow the recommendations proposed in the substance abuse
28 use disorder evaluation for appropriate substance abuse use
29disorder treatment for the defendant. Court-ordered substance
30abuse use disorder treatment is subject to the periodic
31reporting requirements of section 125.86.
32b. If a defendant is committed by the court to a substance
33abuse use disorder treatment facility, the administrator of the
34facility shall report to the court when it is determined that
35the defendant has received the maximum benefit of treatment
-748-1at the facility and the defendant shall be released from the
2facility. The time for which the defendant is committed for
3treatment shall be credited against the defendant’s sentence.
4c. The court may prescribe the length of time for the
5evaluation and treatment or it may request that the community
6college or other approved provider conducting the course
7for drinking drivers which the person is ordered to attend
8or the treatment program to which the person is committed
9immediately report to the court when the person has received
10maximum benefit from the course for drinking drivers or
11treatment program or has recovered from the person’s addiction,
12dependency, or tendency to chronically abuse use alcohol or
13drugs.
14d. Upon successfully completing a course for drinking
15drivers or an ordered substance abuse use disorder treatment
16program, a court may place the person on probation for six
17months and as a condition of probation, the person shall
18attend a program providing posttreatment services relating to
19substance abuse use disorder as approved by the court.
20e. A person committed under this section who does not
21possess sufficient income or estate to make payment of the
22costs of the treatment in whole or in part shall be considered
23a state patient and the costs of treatment shall be paid as
24provided in section 125.44.
25f. A defendant who fails to carry out the order of the
26court shall be confined in the county jail for twenty days in
27addition to any other imprisonment ordered by the court or may
28be ordered to perform unpaid community service work, and shall
29be placed on probation for one year with a violation of this
30probation punishable as contempt of court.
31g. In addition to any other condition of probation, the
32person shall attend a program providing substance abuse use
33disorder prevention services or posttreatment services related
34to substance abuse use disorder as ordered by the court. The
35person shall report to the person’s probation officer as
-749-1ordered concerning proof of attendance at the treatment program
2or posttreatment program ordered by the court. Failure to
3attend or complete the program shall be considered a violation
4of probation and is punishable as contempt of court.
52. a. Upon a second or subsequent offense in violation of
6section 321J.2, the court upon hearing may commit the defendant
7for inpatient treatment of alcoholism or drug addiction
8or dependency to any hospital, institution, or community
9correctional facility in Iowa providing such treatment. The
10time for which the defendant is committed for treatment shall
11be credited against the defendant’s sentence.
12b. The court may prescribe the length of time for the
13evaluation and treatment or it may request that the hospital
14to which the person is committed immediately report to the
15court when the person has received maximum benefit from the
16program of the hospital or institution or has recovered from
17the person’s addiction, dependency, or tendency to chronically
18abuse use alcohol or drugs.
19c. A person committed under this section who does not
20possess sufficient income or estate to make payment of the
21costs of the treatment in whole or in part shall be considered
22a state patient and the costs of treatment shall be paid as
23provided in section 125.44.
243. The state department of transportation, in cooperation
25with the judicial branch, shall adopt rules, pursuant to the
26procedure in section 125.33, regarding the assignment of
27persons ordered under section 321J.17 to submit to substance
28abuse use disorder evaluation and treatment. The rules shall
29be applicable only to persons other than those committed to
30the custody of the director of the department of corrections
31under section 321J.2. The rules shall be consistent with the
32practices and procedures of the judicial branch in sentencing
33persons to substance abuse use disorder evaluation and
34treatment under section 321J.2. The rules shall include the
35requirement that the treatment programs utilized by a person
-750-1pursuant to an order of the department of transportation meet
2the licensure standards of the department of public health
3and human services for substance abuse use disorder treatment
4programs under chapter 125. The rules shall also include
5provisions for payment of costs by the offenders, including
6insurance reimbursement on behalf of offenders, or other forms
7of funding, and shall also address reporting requirements of
8the facility, consistent with the provisions of sections 125.84
9and 125.86. The department of transportation shall be entitled
10to treatment information contained in reports to the department
11of transportation, notwithstanding any provision of chapter 125
12that would restrict department access to treatment information
13and records.
14 Sec. 1073. Section 321J.17, subsection 2, paragraph b, Code
152023, is amended to read as follows:
16b. The court or department may request that the community
17college or substance abuse use disorder treatment providers
18licensed under chapter 125 or other approved provider
19conducting the course for drinking drivers that the person is
20ordered to attend immediately report to the court or department
21that the person has successfully completed the course for
22drinking drivers. The court or department may request that the
23treatment program which the person attends periodically report
24on the defendant’s attendance and participation in the program,
25as well as the status of treatment or rehabilitation.
26 Sec. 1074. Section 321J.22, subsections 2, 4, and 5, Code
272023, are amended to read as follows:
282. a. The course provided according to this section shall
29be offered on a regular basis at each community college as
30defined in section 260C.2, or by substance abuse use disorder
31 treatment programs licensed under chapter 125, or may be
32offered at a state correctional facility listed in section
33904.102. However, a community college shall not be required to
34offer the course if a substance abuse use disorder treatment
35program licensed under chapter 125 offers the course within the
-751-1merged area served by the community college.
2b. Enrollment in the courses is not limited to persons
3ordered to enroll, attend, and successfully complete the
4course required under sections 321J.2 and 321J.17, subsection
52. However, any person under age eighteen who is required to
6attend the courses for violation of section 321J.2 or 321J.17
7must attend a course offered by a substance abuse use disorder
8 treatment program licensed under chapter 125.
9c. The course required by this section shall be:
10(1) Taught by a community college under the supervision
11of the department of education or by a substance abuse use
12disorder treatment program licensed under chapter 125, and may
13be offered at a state correctional facility.
14(2) Approved by the department of education, in
15consultation with the community colleges, substance abuse
16 use disorder treatment programs licensed under chapter 125,
17the department of public health and human services, and the
18department of corrections.
19d. The department of education may approve a provider of
20a course for drinking drivers offered outside this state upon
21proof to the department’s satisfaction that the course is
22comparable to those offered by community colleges, substance
23abuse use disorder treatment programs licensed under chapter
24125, and state correctional facilities as provided in this
25section. The department shall comply with the requirements of
26subsection 5 regarding such approved providers.
27e. The department of education shall establish reasonable
28fees to defray the expense of obtaining classroom space,
29instructor salaries, and class materials for courses offered
30both by community colleges and by substance abuse use
31disorder treatment programs licensed under chapter 125, or
32for classes offered at a state correctional facility, and
33for administrative expenses incurred by the department of
34education in implementing subsection 5 on behalf of in-state
35and out-of-state offenders.
-752- 1f. A person shall not be denied enrollment in a course by
2reason of the person’s indigency.
34. The department of education, substance abuse use
4disorder treatment programs licensed under chapter 125,
5and state correctional facilities shall prepare for their
6respective courses a list of the locations of the courses
7taught under this section, the dates and times taught, the
8procedure for enrollment, and the schedule of course fees. The
9list shall be kept current and a copy of the list shall be sent
10to each court having jurisdiction over offenses provided in
11this chapter.
125. The department of education, substance abuse use
13disorder treatment programs licensed under chapter 125, and
14state correctional facilities shall maintain enrollment,
15attendance, successful and nonsuccessful completion data for
16their respective courses on the persons ordered to enroll,
17attend, and successfully complete a course for drinking
18drivers. This data shall be forwarded to the court by the
19department of education, substance abuse use disorder treatment
20programs licensed under chapter 125, and the department of
21corrections.
22 Sec. 1075. Section 321J.23, subsection 5, Code 2023, is
23amended to read as follows:
245. The reality education substance abuse use disorder
25 prevention program provides guidelines for the operation of an
26intensive program to discourage recidivism.
27 Sec. 1076. Section 321J.24, subsection 1, paragraphs b and
28c, Code 2023, are amended to read as follows:
29b. “Participant” means a person who is ordered by the court
30to participate in the reality education substance abuse use
31disorder prevention program.
32c. “Program” means the reality education substance abuse use
33disorder prevention program.
34 Sec. 1077. Section 321J.24, subsection 2, Code 2023, is
35amended to read as follows:
-753- 12. A reality education substance abuse use disorder
2 prevention program is established in those judicial
3districts where the chief judge of the judicial district
4authorizes participation in the program. Upon a conviction
5or adjudication for a violation of section 321J.2, or the
6entry of a deferred judgment concerning a violation of section
7321J.2, the court or juvenile court may order participation in
8the reality education substance abuse use disorder prevention
9program as a term and condition of probation or disposition
10in addition to any other term or condition of probation or
11disposition required or authorized by law. The court or
12juvenile court shall require the defendant or delinquent child
13to abstain from consuming any controlled substance, alcoholic
14liquor, wine, or beer while participating in the program.
15 Sec. 1078. Section 321J.24, subsection 5, paragraph a,
16subparagraph (2), Code 2023, is amended to read as follows:
17(2) A facility for the treatment of persons with
18substance-related disorders a substance use disorder as defined
19in section 125.2, under the supervision of appropriately
20licensed medical personnel.
21 Sec. 1079. Section 321J.25, Code 2023, is amended to read
22as follows:
23321J.25 Youthful offender substance abuse use disorder
24 awareness program.
251. As used in this section, unless the context otherwise
26requires:
27a. “Participant” means a person whose driver’s license or
28operating privilege has been revoked for a violation of section
29321J.2A.
30b. “Program” means a substance abuse use disorder awareness
31program provided under a contract entered into between the
32provider and the Iowa department of public health and human
33services under chapter 125.
34c. “Program coordinator” means a person assigned the duty
35to coordinate a participant’s activities in a program by the
-754-1program provider.
22. A substance abuse use disorder awareness program is
3established in each of the regions established by the director
4of public health and human services pursuant to section
5125.12. The program shall consist of an insight class and
6a substance abuse use disorder evaluation, which shall be
7attended by the participant, to discuss issues related to the
8potential consequences of substance abuse use disorder. The
9parent or parents of the participant shall also be encouraged
10to participate in the program. The program provider shall
11consult with the participant or the parents of the participant
12in the program to determine the timing and appropriate level
13of participation for the participant and any participation by
14the participant’s parents. The program may also include a
15supervised educational tour by the participant to any or all
16of the following:
17a. A hospital or other emergency medical care facility
18which regularly receives victims of motor vehicle accidents,
19to observe treatment of appropriate victims of motor vehicle
20accidents involving intoxicated drivers, under the supervision
21of a registered nurse, physician, paramedic, or emergency
22medical technician.
23b. A facility for the treatment of persons with
24substance-related disorders a substance use disorder as defined
25in section 125.2, under the supervision of appropriately
26licensed medical personnel.
27c. If approved by the state or county medical examiner, a
28morgue or a similar facility to receive appropriate educational
29material and instruction concerning damage caused by the
30consumption of alcohol or other drugs, under the supervision of
31the county medical examiner or deputy medical examiner.
323. If the program includes a tour, the program coordinator
33shall explain and discuss the experiences which may be
34encountered during the tour to the participant. If the program
35coordinator determines at any time before or during a tour that
-755-1the tour may be traumatic or otherwise inappropriate for the
2participant, the program coordinator shall terminate the tour
3without prejudice to the participant.
44. Upon the revocation of the driver’s license or operating
5privileges of a person who is fourteen years of age or older
6for a violation of section 321J.2A, if the person has had no
7previous revocations under either section 321J.2 or section
8321J.2A, a person may participate in the substance abuse
9 use disorder awareness program. The state department of
10transportation shall notify a potential program participant
11of the possibility and potential benefits of attending a
12program and shall notify a potential program participant of the
13availability of programs which exist in the area in which the
14person resides. The state department of transportation shall
15consult with the Iowa department of public health and human
16services to determine what programs are available in various
17areas of the state.
185. Program providers and facilities toured during the
19program are not liable for any civil damages resulting from
20injury to the participant, or civil damages caused by the
21participant during or from any activities related to a tour,
22except for willful or grossly negligent acts intended to, or
23reasonably expected to result in, such injury or damage.
246. The program provider shall determine fees to be paid by
25participants in the program. The program fees shall be paid on
26a sliding scale, based upon the ability of a participant and a
27participant’s family to pay the fees, and shall not exceed one
28hundred dollars per participant. The program provider shall
29use the fees to pay all costs associated with the program.
30 Sec. 1080. Section 324A.1, subsection 6, Code 2023, is
31amended to read as follows:
326. “Transportation” means the movement of individuals
33in a four or more wheeled motorized vehicle designed to
34carry passengers, including a car, van, or bus, between one
35geographic point and another geographic point. “Transportation”
-756-1does not include emergency or incidental transportation or
2transportation conducted by the department of health and human
3services at its institutions.
4 Sec. 1081. Section 324A.4, subsection 2, paragraph a, Code
52023, is amended to read as follows:
6a. Upon request, the department shall provide assistance
7to political subdivisions, state agencies, and organizations
8affected by this chapter for federal aid applications for urban
9and rural transit system program aid. The department, in
10cooperation with the regional planning agencies, shall maintain
11current information reflecting the amount of federal, state,
12and local aid received by the public and private nonprofit
13organizations providing public transit services and the purpose
14for which the aid is received. The department shall biennially
15prepare a report to be submitted to the general assembly and
16the governor prior to December 15 of even-numbered years. The
17report shall recommend methods to increase transportation
18coordination and improve the efficiency of federal, state,
19and local government programs used to finance public transit
20services and may address other topics as appropriate. The
21department of health and human services, the department on
22aging, and the officers and agents of the other affected state
23and local government units shall provide input as requested by
24the department.
25 Sec. 1082. Section 324A.5, unnumbered paragraph 1, Code
262023, is amended to read as follows:
27The department of health and human services, department on
28aging, and the officers and agents of other state and local
29governmental units shall assist the department in carrying out
30section 324A.4, subsections 1 and 2, insofar as the functions
31of these respective officers and departments are concerned
32with the health, welfare and safety of any recipient of
33transportation services.
34 Sec. 1083. Section 331.304, subsection 9, Code 2023, is
35amended to read as follows:
-757- 19. A county shall not adopt or enforce any ordinance
2imposing any registration or licensing system or registration
3or license fees for or relating to owner-occupied manufactured
4or mobile homes including the lots, lands, or manufactured
5home community or mobile home park upon or in which they are
6located. A county shall not adopt or enforce any ordinance
7imposing any registration or licensing system, or registration
8or license fees, or safety or sanitary standards for rental
9manufactured or mobile homes unless similar registration or
10licensing system, or registration or license fees, or safety
11or sanitary standards are required for other rental properties
12intended for human habitation. This subsection does not
13preclude the investigation and abatement of a nuisance or the
14enforcement of a tiedown system, or the enforcement of any
15regulations of the state council on health and human services
16 or local board of health if those regulations apply to other
17rental properties or to owner-occupied housing intended for
18human habitation.
19 Sec. 1084. Section 331.321, subsection 1, paragraph f, Code
202023, is amended to read as follows:
21f. The members of the service area advisory board in
22accordance with section 217.43.
23 Sec. 1085. Section 331.323, subsection 1, paragraph a,
24subparagraph (9), Code 2023, is amended to read as follows:
25(9) Executive officer of the service area advisory board in
26accordance with section 217.43.
27 Sec. 1086. Section 331.382, subsections 3 and 6, Code 2023,
28are amended to read as follows:
293. The power to legislate in regard to chemical substance
30abuse use is subject to section 125.40.
316. The power to operate juvenile detention and shelter care
32homes is subject to approval of the homes by the director of
33the department of health and human services or the director’s
34designee, as provided in section 232.142.
35 Sec. 1087. Section 331.388, Code 2023, is amended to read
-758-1as follows:
2331.388 Definitions.
3As used in this part, unless the context otherwise requires:
41. “Children’s behavioral health services” means the same as
5defined in section 225C.2.
62. “Department” means the department of health and human
7services.
83. “Director” means the director of health and human
9services.
103. 4. “Disability services” means the same as defined in
11section 225C.2.
124. 5. “Population” means, as of July 1 of the fiscal year
13preceding the fiscal year in which the population figure is
14applied, the population shown by the latest preceding certified
15federal census or the latest applicable population estimate
16issued by the United States census bureau, whichever is most
17recent.
185. 6. “Regional administrator” means the administrative
19office, organization, or entity formed by agreement of the
20counties participating in a region to function on behalf of
21those counties in accordance with this part.
226. 7. “Serious emotional disturbance” means the same as
23defined in section 225C.2.
247. 8. “State board” means the children’s system state board
25created in section 225C.51.
268. 9. “State commission” means the mental health and
27disability services commission created in section 225C.5.
28 Sec. 1088. Section 331.389, subsections 1 and 2, Code 2023,
29are amended to read as follows:
301. Local access to mental health and disability services
31shall be provided by a regional service system comprised of
32mental health and disability services regions approved by the
33director of the department. It is the intent of the general
34assembly that the residents of this state should have access to
35needed mental health and disability services regardless of the
-759-1location of their residence.
22. The director of human services shall approve a region
3meeting the requirements of subsection 3.
4 Sec. 1089. Section 331.390, subsection 2, paragraph c, Code
52023, is amended to read as follows:
6c. The membership of the governing board shall not include
7employees of the department of human services or a nonelected
8employee of a county.
9 Sec. 1090. Section 331.391, subsection 4, paragraph b, Code
102023, is amended to read as follows:
11b. Each region shall certify to the department of human
12services on or before December 1, 2021, and each December 1
13thereafter, the amount of the region’s cash flow amount in
14the combined account at the conclusion of the most recently
15completed fiscal year.
16 Sec. 1091. Section 331.393, subsection 2, unnumbered
17paragraph 1, Code 2023, is amended to read as follows:
18Each region shall submit to the department an annual
19service and budget plan approved by the region’s governing
20board and subject to approval by the director of human
21services. Provisions for approval by the director of human
22services’ approval of the annual service and budget plan,
23and any amendments to the plan, and other requirements shall
24be specified in rule adopted by the state commission. The
25provisions addressed in the annual plan shall include but are
26not limited to all of the following:
27 Sec. 1092. Section 331.393, subsection 4, unnumbered
28paragraph 1, Code 2023, is amended to read as follows:
29The region shall have in effect a policies and procedures
30manual for the regional service system. The manual shall be
31approved by the region’s governing board and is subject to
32approval by the director of human services. An approved manual
33shall remain in effect subject to amendment. An amendment
34to the manual shall be submitted to the department at least
35forty-five days prior to the date of implementation of the
-760-1amendment. Prior to implementation of an amendment to the
2manual, the amendment must be approved by the director of human
3services in consultation with the state commission. The manual
4shall include but is not limited to all of the following:
5 Sec. 1093. Section 331.393, subsections 5 and 8, Code 2023,
6are amended to read as follows:
75. The provisions of a regional service system management
8plan shall include measures to address the needs of persons
9who have two or more co-occurring mental health, intellectual
10or other developmental disability, brain injury, or
11substance-related substance use disorders and individuals with
12specialized needs. Implementation of measures to meet the
13needs of persons with a developmental disability other than
14intellectual disability, brain injury, or substance-related
15disorders a substance use disorder is contingent upon
16identification of a funding source to meet those needs and
17implementation of provisions to engage the entity under
18contract with the state to provide services to address
19substance-related substance use disorders within the regional
20service system.
218. If a region determines that the region cannot provide
22services for the fiscal year in accordance with the regional
23plan and remain in compliance with applicable budgeting
24requirements, the region may implement a waiting list for
25the services. The procedures for establishing and applying
26a waiting list shall be specified in the regional plan. If
27a region implements a waiting list for services, the region
28shall notify the department of human services. The department
29shall maintain on the department’s internet site an up-to-date
30listing of the regions that have implemented a waiting list and
31the services affected by each waiting list.
32 Sec. 1094. Section 331.394, subsection 1, paragraph a, Code
332023, is amended to read as follows:
34a. “County of residence” means the county in this state in
35which, at the time a person applies for or receives services,
-761-1the person is living and has established an ongoing presence
2with the declared, good faith intention of living in the
3county for a permanent or indefinite period of time. The
4county of residence of a person who is a homeless person is
5the county where the homeless person usually sleeps. A person
6maintains residency in the county or state in which the person
7last resided while the person is present in another county or
8this state receiving services in a hospital, a correctional
9facility, a halfway house for community-based corrections or
10substance-related substance use disorder treatment, a nursing
11facility, an intermediate care facility for persons with an
12intellectual disability, or a residential care facility, or for
13the purpose of attending a college or university.
14 Sec. 1095. Section 331.394, subsection 3, Code 2023, is
15amended to read as follows:
163. If a service authorization or other services-related
17decision made by a regional administrator concerning a person
18varies from the type and amount of service identified to be
19necessary for the person in a clinical determination made by a
20mental health professional and the mental health professional
21believes that failure to provide the type and amount of service
22identified could cause an immediate danger to the person’s
23health or safety, the person may request an expedited review
24of the regional administrator’s decision to be made by the
25department of human services. An expedited review held in
26accordance with this subsection is subject to the following
27procedures:
28a. The request for the expedited review shall be filed
29within five business days of receiving the notice of decision
30by the regional administrator. The request must be in writing,
31plainly state the request for an expedited review in the
32caption and body of the request, and be supported by written
33documentation from the mental health professional who made the
34clinical determination stating how the notice of decision on
35services could cause an immediate danger to the person’s health
-762-1or safety.
2b. The expedited review shall be performed by a designee
3of the director who is a mental health professional, who is
4either the administrator of the division of mental health and
5disability services of the department of human services or the
6administrator’s designee. If the administrator is not a mental
7health professional, the expedited review shall be performed
8by a designee of the administrator who is a mental health
9professional and is free of any conflict of interest to perform
10the expedited review. The expedited review shall be performed
11within two business days of the time the request is filed. If
12the reviewer determines the information submitted in connection
13with the request is inadequate to perform the review, the
14reviewer shall request the submission of additional information
15and the review shall be performed within two business days of
16the time that adequate information is submitted. The regional
17administrator and the person, with the assistance of the mental
18health professional who made the clinical determination, shall
19each provide a brief statement of facts, conclusions, and
20reasons for the decision made. Supporting clinical information
21shall also be attached. All information related to the
22proceedings and any related filings shall be considered to be
23mental health information subject to chapter 228.
24c. The administrator or director’s designee shall issue
25an order, including a brief statement of findings of fact,
26conclusions of law, and policy reasons for the order, to
27justify the decision made concerning the expedited review.
28If the decision concurs with the contention that there is an
29immediate danger to the person’s health or safety, the order
30shall identify the type and amount of service which shall be
31provided for the person. The administrator or director’s
32 designee shall give such notice as is practicable to persons
33who are required to comply with the order. The order is
34effective when issued.
35d. The decision of the administrator or director’s designee
-763-1shall be considered a final agency action and is subject to
2judicial review in accordance with section 17A.19. The record
3for judicial review consists of any documents regarding the
4matter that were considered or prepared by the administrator or
5 director’s designee. The administrator or director’s designee
6shall maintain these documents as the official record of the
7decision. If the matter is appealed to the district court, the
8record shall be filed as confidential.
9 Sec. 1096. Section 331.396, subsection 1, paragraphs c and
10d, Code 2023, are amended to read as follows:
11c. The person has had at any time during the preceding
12twelve-month period a mental health, behavioral, or emotional
13disorder or, in the opinion of a mental health professional,
14may now have such a diagnosable disorder. The diagnosis
15shall be made in accordance with the criteria provided in
16the diagnostic and statistical manual of mental disorders,
17fourth edition, text revision, published by the American
18psychiatric association, and shall not include the manual’s
19“V” codes identifying conditions other than a disease or
20injury. The diagnosis shall also not include substance-related
21 substance use disorders, dementia, antisocial personality, or
22developmental disabilities, unless co-occurring with another
23diagnosable mental illness.
24d. The person’s eligibility for individualized services
25shall be determined in accordance with the standardized
26functional assessment methodology approved for mental health
27services by the director of human services in consultation with
28the state commission.
29 Sec. 1097. Section 331.396, subsection 2, paragraph e, Code
302023, is amended to read as follows:
31e. The person’s eligibility for individualized services
32shall be determined in accordance with the standardized
33functional assessment methodology approved for intellectual
34disability and developmental disability services by the
35director of human services.
-764-1 Sec. 1098. Section 331.396, subsection 3, paragraph d, Code
22023, is amended to read as follows:
3d. The person’s eligibility for individualized services
4shall be determined in accordance with a standardized
5functional assessment methodology approved for this purpose by
6the director of human services.
7 Sec. 1099. Section 331.397, subsection 2, paragraph a,
8subparagraph (2), Code 2023, is amended to read as follows:
9(2) Subject to the available appropriations, the director
10of human services shall ensure the core service domains listed
11in subsections 4 and 5 are covered services for the medical
12assistance program under chapter 249A to the greatest extent
13allowable under federal regulations. The medical assistance
14program shall reimburse Medicaid enrolled providers for
15Medicaid covered services under subsections 4 and 5 when
16the services are medically necessary, the Medicaid enrolled
17provider submits an appropriate claim for such services, and
18no other third-party payer is responsible for reimbursement of
19such services. Within funds available, the region shall pay
20for such services for eligible persons when payment through the
21medical assistance program or another third-party payment is
22not available, unless the person is on a waiting list for such
23payment or it has been determined that the person does not meet
24the eligibility criteria for any such service.
25 Sec. 1100. Section 331.397, subsection 3, unnumbered
26paragraph 1, Code 2023, is amended to read as follows:
27Pursuant to recommendations made by the director of human
28services, the state commission shall adopt rules as required
29by section 225C.6 to define the services included in the core
30service domains listed in this section. The rules shall
31provide service definitions, service provider standards,
32service access standards, and service implementation dates, and
33shall provide consistency, to the extent possible, with similar
34service definitions under the medical assistance program.
35 Sec. 1101. Section 331.397A, subsection 2, paragraph a,
-765-1subparagraph (2), Code 2023, is amended to read as follows:
2(2) Subject to the available appropriations, the director
3of human services shall ensure the behavioral health core
4service domains listed in subsection 4 are covered services
5for the medical assistance program under chapter 249A to the
6greatest extent allowable under federal regulations. The
7medical assistance program shall reimburse Medicaid enrolled
8providers for Medicaid covered services under subsection 4 when
9the services are medically necessary, the Medicaid enrolled
10provider submits an appropriate claim for such services, and
11no other third-party payor is responsible for reimbursement
12of such services. Within the funds available, the region
13shall pay for such services for eligible children when payment
14through the medical assistance program or another third-party
15payment is not available, unless the child is on a waiting list
16for such payment or it has been determined that the child does
17not meet the eligibility criteria for any such service.
18 Sec. 1102. Section 331.397A, subsection 3, Code 2023, is
19amended to read as follows:
203. Pursuant to recommendations made by the state board, the
21department of human services shall adopt rules to define the
22services included in the core domains listed in this section.
23The rules shall provide service definitions, service provider
24standards, service access standards, and service implementation
25dates, and shall provide consistency, to the extent possible,
26with similar service definitions under the medical assistance
27program.
28 Sec. 1103. Section 331.398, subsection 1, Code 2023, is
29amended to read as follows:
301. The financing of a regional mental health and disability
31services regional service system is limited to a fixed budget
32amount. The fixed budget amount shall be the amount identified
33in a regional service system management plan and budget for the
34fiscal year.
35 Sec. 1104. Section 331.402, subsection 2, paragraph b, Code
-766-12023, is amended to read as follows:
2b. Enter into an agreement with the state department of
3health and human services for assistance in accordance with
4section 249A.12.
5 Sec. 1105. Section 331.424, subsection 1, paragraph
6a, subparagraph (1), subparagraph division (a), unnumbered
7paragraph 1, Code 2023, is amended to read as follows:
8The costs of inpatient or outpatient substance abuse use
9disorder admission, commitment, transportation, care, and
10treatment at any of the following:
11 Sec. 1106. Section 331.756, subsections 26 and 39, Code
122023, are amended to read as follows:
1326. At the request of the director of public health and
14human services, commence legal action to enjoin the unlawful
15use of radiation-emitting equipment as provided in section
16136C.5.
1739. Appear on behalf of the administrator of the division
18of mental health and disability services director of the
19department of health and human services in support of an
20application to transfer a person with mental illness who
21becomes incorrigible and dangerous from a state hospital for
22persons with mental illness mental health institute to the
23Iowa medical and classification center as provided in section
24226.30.
25 Sec. 1107. Section 331.910, Code 2023, is amended to read
26as follows:
27331.910 Interstate contracts for mental health and
28substance-related substance use disorder treatment.
291. Purpose. The purpose of this section is to enable
30appropriate care and treatment to be provided to a person with
31a substance-related substance use disorder or a mental illness,
32across state lines from the person’s state of residence, in
33qualified hospitals, centers, and facilities.
342. Definitions. For the purposes of this section:
35a. “Bordering state” means Illinois, Minnesota, Missouri,
-767-1Nebraska, South Dakota, or Wisconsin.
2b. “Receiving agency” means a public or private hospital,
3mental health center, substance abuse use disorder treatment
4and rehabilitation facility, or detoxification center, which
5provides substance abuse use disorder or mental health care
6and treatment to a person from a state other than the state in
7which a hospital, center, or facility is located.
8c. “Receiving state” means the state in which a receiving
9agency is located.
10d. “Region” means a mental health and disability services
11region formed in accordance with section 331.389.
12e. “Sending agency” means a state or regional agency
13located in a state which sends a person to a receiving state
14for substance abuse use disorder or mental health care and
15treatment under this section.
16f. “Sending state” means the state in which a sending agency
17is located.
183. Voluntary civil commitments.
19a. A region may contract with a receiving agency in a
20bordering state to secure substance abuse use disorder or
21mental health care and treatment under this subsection for
22persons who receive substance abuse use disorder or mental
23health care and treatment pursuant to section 125.33, 125.91,
24229.2, or 229.22 through a region.
25b. This subsection shall not apply to a person who is any
26of the following:
27(1) Serving a criminal sentence.
28(2) On probation or parole.
29(3) The subject of a presentence investigation.
30c. A region may contract with a sending agency in a
31bordering state to provide care and treatment under this
32subsection for residents of the bordering state in approved
33substance abuse use disorder and mental health care and
34treatment hospitals, centers, and facilities in this state,
35except that care and treatment shall not be provided for
-768-1residents of the bordering state who are involved in criminal
2proceedings substantially similar to the involvement described
3in paragraph “b”.
44. Involuntary civil commitments.
5a. A person who is detained, committed, or placed on an
6involuntary basis under section 125.75, 125.91, 229.6, or
7229.22 may be civilly committed and treated in another state
8pursuant to a contract under this subsection.
9b. A person who is detained, committed, or placed on
10an involuntary basis under the civil commitment laws of a
11bordering state substantially similar to section 125.75,
12125.91, 229.6, or 229.22 may be civilly committed and treated
13in this state pursuant to a contract under this subsection.
14c. A law enforcement officer acting under the authority of a
15sending state may transport a person to a receiving agency that
16provides substance abuse use disorder or mental health care and
17treatment pursuant to a contract under this subsection and may
18transport the person back to the sending state under the laws
19of the sending state.
20d. Court orders valid under the law of the sending state
21are granted recognition and reciprocity in the receiving state
22for a person covered by a contract under this subsection to
23the extent that the court orders relate to civil commitment
24for substance abuse use disorder or mental health care and
25treatment. Such care and treatment may include care and
26treatment for co-occurring substance-related substance use and
27mental health disorders. Such court orders are not subject to
28legal challenge in the courts of the receiving state.
29e. A person who is detained, committed, or placed under the
30laws of a sending state and who is transferred to a receiving
31state under this subsection shall be considered to be in the
32legal custody of the authority responsible for the person under
33the laws of the sending state with respect to the involuntary
34civil commitment of the person due to a mental illness or a
35substance-related substance use disorder.
-769- 1f. While in the receiving state pursuant to a contract
2under this subsection, a person detained, committed, or placed
3under the laws of a sending state shall be subject to all laws
4and regulations of the receiving state, except those laws and
5regulations with respect to the involuntary civil commitment
6of the person due to a mental illness or substance-related
7 substance use disorder. A person shall not be sent to a
8receiving state pursuant to a contract under this subsection
9until the receiving state has enacted a law recognizing the
10validity and applicability of this subsection.
11g. If a person receiving care and treatment pursuant to
12a contract under this subsection escapes from the receiving
13agency and the person at the time of the escape is subject to
14involuntary civil commitment under the laws of the sending
15state, the receiving agency shall use all reasonable means to
16recapture the escapee. The receiving agency shall immediately
17report the escape of the person to the sending agency. The
18receiving state has the primary responsibility for, and the
19authority to direct, the pursuit, retaking, and prosecution of
20escaped persons within its borders and is liable for the cost
21of such action to the extent that it would be liable for costs
22if its own resident escaped.
23h. Responsibility for payment for the cost of care and
24treatment under this subsection shall remain with the sending
25agency.
265. A contract entered into under this section shall, at a
27minimum, meet all of the following requirements:
28a. Describe the care and treatment to be provided.
29b. Establish responsibility for the costs of the care and
30treatment, except as otherwise provided in subsection 4.
31c. Establish responsibility for the costs of transporting
32individuals receiving care and treatment under this section.
33d. Specify the duration of the contract.
34e. Specify the means of terminating the contract.
35f. Identify the goals to be accomplished by the placement
-770-1of a person under this section.
26. This section shall apply to all of the following:
3a. Detoxification services that are unrelated to substance
4abuse use disorder or mental health care and treatment
5regardless of whether the care and treatment are provided on a
6voluntary or involuntary basis.
7b. Substance abuse use disorder and mental health care and
8treatment contracts that include emergency care and treatment
9provided to a resident of this state in a bordering state.
10 Sec. 1108. Section 347.7, subsection 4, paragraph a, Code
112023, is amended to read as follows:
12a. The tax levy authorized by this section for operation
13and maintenance of the hospital may be available in whole or in
14part to any county with or without a county hospital organized
15under this chapter, to be used to enhance rural health services
16in the county. However, the tax levied may be expended for
17enhancement of rural health care services only following a
18local planning process. The Iowa department of public health
19and human services shall establish guidelines to be followed
20by counties in implementing the local planning process which
21shall require legal notice, public hearings, and a referendum
22in accordance with this subsection prior to the authorization
23of any new levy or a change in the use of a levy. The notice
24shall describe the new levy or the change in the use of the
25levy, indicate the date and location of the hearing, and shall
26be published at least once each week for two consecutive weeks
27in a newspaper having general circulation in the county. The
28hearing shall not take place prior to two weeks after the
29second publication.
30 Sec. 1109. Section 347.16, subsection 2, Code 2023, is
31amended to read as follows:
322. Free care and treatment shall be furnished in a county
33public hospital to any sick or injured person who fulfills
34the residency requirements under section 47.4, subsection
351, paragraph “d”, Code 1993, in the county maintaining the
-771-1hospital, and who is indigent. The board of hospital trustees
2shall determine whether a person is indigent and entitled
3to free care under this subsection, or may delegate that
4determination to the general assistance director or the office
5of the department of health and human services in that county,
6subject to guidelines the board may adopt in conformity with
7applicable statutes.
8 Sec. 1110. Section 347B.14, Code 2023, is amended to read
9as follows:
10347B.14 Effect of approval of plans.
11When plans for construction or modification of a county care
12facility have been properly approved by the Iowa department of
13public health and human services or other appropriate state
14agency, the facility constructed in accord with the plans so
15approved shall not for a period of at least ten years from
16completion of the construction or modification be considered
17deficient or ineligible for licensing by reason of failure
18to meet any regulation or standard established subsequent to
19approval of the construction and modification plans, unless a
20clear and present danger exists that would adversely affect the
21residents of the facility.
22 Sec. 1111. Section 351.40, Code 2023, is amended to read as
23follows:
24351.40 Quarantine.
25If a local board of health believes rabies to be epidemic, or
26believes there is a threat of epidemic, in its jurisdiction,
27it may declare a quarantine in all or part of the area under
28its jurisdiction and such declaration shall be reported to the
29Iowa department of public health and human services. During
30the period of quarantine, any person owning or having a dog in
31the person’s possession in the quarantined area shall keep such
32animal securely enclosed or on a leash for the duration of the
33quarantine period.
34 Sec. 1112. Section 356.37, Code 2023, is amended to read as
35follows:
-772- 1356.37 Confinement and detention report — design proposals.
2The division of subunit of the department of health and
3human services responsible for criminal and juvenile justice
4planning of the department of human rights, in consultation
5with the department of corrections, the Iowa county attorneys
6association, the Iowa state sheriff’s association, the
7Iowa peace officers association, a statewide organization
8representing rural property taxpayers, the Iowa league of
9cities, and the Iowa board of supervisors association, shall
10prepare a report analyzing the confinement and detention
11needs of jails and facilities established pursuant to this
12chapter and chapter 356A. The report for each type of jail or
13facility shall include but is not limited to an inventory of
14prisoner space, daily prisoner counts, options for detention
15of prisoners with mental illness or substance abuse use
16disorder service needs, and the compliance status under section
17356.36 for each jail or facility. The report shall contain an
18inventory of recent jail or facility construction projects in
19which voters have approved the issuance of general obligation
20bonds, essential county purpose bonds, revenue bonds, or bonds
21issued pursuant to chapter 423B. The report shall be revised
22periodically as directed by the administrator of the division
23of criminal and juvenile justice planning director of health
24and human services. The first submission of the report shall
25include recommendations on offender data needed to estimate
26jail space needs in the next two, three, and five years, on a
27county, geographic region, and statewide basis, which may be
28based upon information submitted pursuant to section 356.49.
29 Sec. 1113. Section 356.48, subsection 1, Code 2023, is
30amended to read as follows:
311. A person confined to a jail or in the custody of a peace
32officer, who bites another person, who causes an exchange of
33bodily fluids with another person, or who causes any bodily
34secretion to be cast upon another person, shall submit to the
35withdrawal of a bodily specimen for testing to determine if
-773-1the person is infected with a contagious or infectious disease
2as defined in section 141A.2. The bodily specimen to be taken
3shall be determined by the attending physician of the jail
4or the county medical examiner. The specimen taken shall be
5sent to the state hygienic laboratory at the state university
6at Iowa City or some other laboratory approved by the Iowa
7 department of public health and human services. If a person
8to be tested pursuant to this section refuses to submit to the
9withdrawal of a bodily specimen, the sheriff, person in charge
10of the jail, or any potentially infected person may file an
11application with the district court for an order compelling
12the person that may have caused an infection to submit to the
13withdrawal and, if infected, to receive available treatment.
14An order authorizing the withdrawal of a specimen for testing
15may be issued only by a district judge or district associate
16judge upon application by the sheriff, person in charge of the
17jail, or any other potentially infected person.
18 Sec. 1114. Section 358.24, subsection 3, Code 2023, is
19amended to read as follows:
203. A sanitary district adjoining a border of the state and
21owning and operating a sewage disposal plant, may contract with
22the governing body of any legal entity in an adjacent area
23in another state, to process the sewage from the area. The
24contract shall be subject to approval of the Iowa department of
25public health and human services.
26 Sec. 1115. Section 364.3, subsection 5, Code 2023, is
27amended to read as follows:
285. A city shall not adopt or enforce any ordinance imposing
29any registration or licensing system or registration or license
30fees for or relating to owner-occupied manufactured or mobile
31homes including the lots, lands, or manufactured home community
32or mobile home park upon or in which they are located. A
33city shall not adopt or enforce any ordinance imposing any
34registration or licensing system, or registration or license
35fees, or safety or sanitary standards for rental manufactured
-774-1or mobile homes unless a similar registration or licensing
2system, or registration or license fees, or safety or sanitary
3standards are required for other rental properties intended
4for human habitation. This subsection does not preclude the
5investigation and abatement of a nuisance or the enforcement of
6a tiedown system, or the enforcement of any regulations of the
7state council on health and human services or local board of
8health if those regulations apply to other rental properties or
9to owner-occupied housing intended for human habitation.
10 Sec. 1116. Section 403A.23, Code 2023, is amended to read
11as follows:
12403A.23 Eligibility of persons receiving public assistance.
13Any statute to the contrary notwithstanding, no person
14otherwise eligible to be a tenant in a municipal housing
15project, shall be declared ineligible therefor or denied
16occupancy therein in the municipal housing project merely
17because the person is receiving in some form public assistance
18such as including but not limited to federal supplemental
19security income or state supplementary payments, assistance as
20defined by section 249.1, or welfare assistance, unemployment
21compensation, or social security payments, etc.
22 Sec. 1117. Section 411.6, subsection 16, paragraph c, Code
232023, is amended to read as follows:
24c. A member eligible to commence receiving a disability
25benefit on or after July 1, 2000, may be ineligible to receive
26a disability retirement benefit if the system determines that
27the member’s alcoholism or drug addiction was a contributing
28factor material to the determination of the member’s
29disability. Upon a determination that the member’s alcoholism
30or drug addiction was a contributing factor in the member’s
31disability, the system shall direct the member to undergo
32substance abuse use disorder treatment that the medical board
33determines is appropriate to treat the member’s alcoholism
34or drug addiction. After the end of a twenty-four-month
35period following the member’s first month of entitlement to a
-775-1disability benefit, the system shall reevaluate the member’s
2disability. If the system determines that the member failed to
3comply with the treatment program prescribed by this paragraph
4and that the member would not be disabled but for the member’s
5alcoholism or drug addiction, the member’s entitlement to a
6disability benefit under this chapter shall terminate effective
7the first day of the first month following the month the member
8is notified of the system’s determination.
9 Sec. 1118. Section 421.17, subsections 20 and 21, Code 2023,
10are amended to read as follows:
1120. To cooperate with the child support recovery unit
12 services created in chapter 252B to establish and maintain
13a process to implement the provisions of section 252B.5,
14subsection 9. The department of revenue shall forward to
15individuals meeting the criteria under section 252B.5,
16subsection 9, paragraph “a”, a notice by first class mail that
17the individual is obligated to file a state estimated tax form
18and to remit a separate child support payment.
19a. Individuals notified shall submit a state estimated tax
20form on a quarterly basis.
21b. The individual shall pay monthly, the lesser of the total
22delinquency or one hundred fifty percent of the current or most
23recent monthly obligation.
24c. The individual shall remit the payment to the department
25of revenue separate from any tax liability payments, identify
26the payment as a support payment, and make the payment payable
27to the collection services center. The department shall
28forward all payments received pursuant to this section to the
29collection services center established pursuant to chapter
30252B, for processing and disbursement. The department of
31revenue may establish a process for the child support recovery
32unit services or the collection services center to directly
33receive the payments. For purposes of crediting the support
34payments pursuant to sections 252B.14 and 598.22, payments
35received by the department of revenue and forwarded to the
-776-1collection services center shall be credited as if received
2directly by the collection services center.
3d. The notice shall provide that, as an alternative to the
4provisions of paragraph “b”, the individual may contact the
5 child support recovery unit services to formalize a repayment
6plan and obtain an exemption from the quarterly filing
7requirement when payments are made pursuant to the repayment
8plan or to contest the balance due listed in the notice.
9e. The department of revenue, in cooperation with the child
10support recovery unit services, may adopt rules, if necessary,
11to implement this subsection.
1221. To provide information contained in state individual
13tax returns to the child support recovery unit services
14 for the purposes of establishment or enforcement of support
15obligations. The department of revenue and child support
16recovery unit services may exchange information in a manual or
17automated fashion. The department of revenue, in cooperation
18with the child support recovery unit services, may adopt rules,
19if necessary, to implement this subsection.
20 Sec. 1119. Section 422.7, subsection 42, paragraph a,
21subparagraph (6), Code 2023, is amended to read as follows:
22(6) Subtract to the extent included the amount of a
23recruitment and retention bonus, not to exceed one thousand
24dollars, received by a child care worker through the
25recruitment and retention bonus program administered by the
26department of health and human services.
27 Sec. 1120. Section 422.12A, subsection 1, paragraph a, Code
282023, is amended to read as follows:
29a. “Adoption” means the permanent placement in this state of
30a child by the department of health and human services, by an
31adoption service provider as defined in section 600A.2, or by
32an agency that meets the provisions of the interstate compact
33in section 232.158.
34 Sec. 1121. Section 422.12A, subsection 5, Code 2023, is
35amended to read as follows:
-777- 15. The department of revenue and the department of health
2and human services shall each adopt rules to jointly administer
3this section.
4 Sec. 1122. Section 422.12K, subsection 3, Code 2023, is
5amended to read as follows:
63. The department of health and human services may authorize
7payment of moneys from the child abuse prevention program fund
8in accordance with section 235A.2.
9 Sec. 1123. Section 422D.6, subsection 3, paragraph b, Code
102023, is amended to read as follows:
11b. Nondisposable essential ambulance equipment, as defined
12by rule by the Iowa department of public health and human
13services.
14 Sec. 1124. Section 423.3, subsection 18, paragraphs b, c, d,
15and g, Code 2023, are amended to read as follows:
16b. Residential facilities licensed by the department of
17health and human services pursuant to chapter 237, other than
18those maintained by individuals as defined in section 237.1,
19subsection 7.
20c. Rehabilitation facilities that provide accredited
21rehabilitation services to persons with disabilities which are
22accredited by the commission on accreditation of rehabilitation
23facilities or the council on quality and leadership and adult
24day care services approved for reimbursement by the state
25 department of health and human services.
26d. Community mental health centers accredited by the
27department of health and human services pursuant to chapter
28225C.
29g. Substance abuse use disorder treatment or prevention
30programs that receive block grant funding from the Iowa
31 department of public health and human services.
32 Sec. 1125. Section 423.3, subsection 18, paragraph f,
33unnumbered paragraph 1, Code 2023, is amended to read as
34follows:
35Home and community-based services providers certified to
-778-1offer Medicaid waiver services by the department of health and
2 human services that are any of the following:
3 Sec. 1126. Section 423.3, subsections 31 and 58, Code 2023,
4are amended to read as follows:
531. a. The sales price of tangible personal property or
6specified digital products sold to and of services furnished
7to a tribal government as defined in section 216A.161, or the
8sales price of tangible personal property or specified digital
9products sold to and of services furnished, and used for public
10purposes sold to a tax-certifying or tax-levying body of the
11state or a governmental subdivision of the state, including the
12following: regional transit systems, as defined in section
13324A.1; the state board of regents; department of health
14and human services; state department of transportation; any
15municipally owned solid waste facility which sells all or part
16of its processed waste as fuel to a municipally owned public
17utility; and all divisions, boards, commissions, agencies,
18or instrumentalities of state, federal, county, municipal,
19or tribal government which have no earnings going to the
20benefit of an equity investor or stockholder, except any of the
21following:
22a. (1) The sales price of tangible personal property or
23specified digital products sold to, or of services furnished,
24and used by or in connection with the operation of any
25municipally owned public utility engaged in selling gas,
26electricity, heat, pay television service, or communication
27service to the general public.
28b. (2) The sales price of furnishing of sewage services to
29a county or municipality on behalf of nonresidential commercial
30operations.
31c. (3) The furnishing of solid waste collection and
32disposal service to a county or municipality on behalf of
33nonresidential commercial operations located within the county
34or municipality.
35b. For the purposes of this subsection, “tribal government”
-779-1 means the governing body of a federally recognized Indian
2tribe.
358. The sales price from the sale of items purchased with
4coupons, food stamps, electronic benefits transfer cards a
5supplemental nutrition assistance program benefit transfer
6instrument as defined in section 234.13, or other methods
7 method of payment authorized by the United States department
8of agriculture, and issued under the federal Food Stamp Act of
91977, 7 U.S.C. §2011 et seq.or under the federal supplemental
10nutritional assistance program established in 7 U.S.C. §2013.
11 Sec. 1127. Section 423.4, subsection 1, paragraph a,
12subparagraphs (4) and (9), Code 2023, are amended to read as
13follows:
14(4) A tax-certifying or tax-levying body or governmental
15subdivision of the state, including the state board of regents,
16state the department of health and human services, and the
17 state department of transportation.
18(9) A tribal government as defined in section 216A.161,
19and any instrumentalities of the tribal government which do
20not have earnings going to the benefit of an equity investor
21or stockholder. For the purposes of this subparagraph, “tribal
22government” means the governing body of a federally recognized
23Indian tribe.
24 Sec. 1128. Section 425.2, subsection 3, Code 2023, is
25amended to read as follows:
263. In case the owner of the homestead is in active service
27in the armed forces of this state or of the United States,
28or is sixty-five years of age or older, or is disabled, the
29statement and designation may be signed and delivered by any
30member of the owner’s family, by the owner’s guardian or
31conservator, or by any other person who may represent the owner
32under power of attorney. If the owner of the homestead is
33married, the spouse may sign and deliver the statement and
34designation. The director of health and human services or
35the director’s designee may make application for the benefits
-780-1of this subchapter as the agent for and on behalf of persons
2receiving assistance under chapter 249.
3 Sec. 1129. Section 425.16, subsection 2, paragraph b, Code
42023, is amended to read as follows:
5b. The reimbursement of rent constituting property taxes
6paid under this subchapter shall be administered by the
7department of health and human services as provided in this
8subchapter.
9 Sec. 1130. Section 425.17, subsection 3, Code 2023, is
10amended to read as follows:
113. “Gross rent” means rental paid at arm’s length for the
12right of occupancy of a homestead or manufactured or mobile
13home, including rent for space occupied by a manufactured or
14mobile home not to exceed one acre. If the department of
15health and human services determines that the landlord and
16tenant have not dealt with each other at arm’s length, and the
17department of health and human services is satisfied that the
18gross rent charged was excessive, the department of health and
19 human services shall adjust the gross rent to a reasonable
20amount as determined by the department of health and human
21services.
22 Sec. 1131. Section 425.18, Code 2023, is amended to read as
23follows:
24425.18 Right to file a claim.
25The right to file a claim for reimbursement or credit under
26this subchapter may be exercised by the claimant or on behalf
27of a claimant by the claimant’s legal guardian, spouse, or
28attorney, or by the executor or administrator of the claimant’s
29estate. If a claimant dies after having filed a claim for
30reimbursement for rent constituting property taxes paid, the
31amount of the reimbursement may be paid to another member of
32the household as determined by the department of health and
33 human services. If the claimant was the only member of the
34household, the reimbursement may be paid to the claimant’s
35executor or administrator, but if neither is appointed and
-781-1qualified within one year from the date of the filing of
2the claim, the reimbursement shall escheat to the state. If
3a claimant dies after having filed a claim for credit for
4property taxes due, the amount of credit shall be paid as if
5the claimant had not died.
6 Sec. 1132. Section 425.19, Code 2023, is amended to read as
7follows:
8425.19 Claim and credit or reimbursement.
9Subject to the limitations provided in this subchapter, a
10claimant may annually claim a credit for property taxes due
11during the fiscal year next following the base year or claim
12a reimbursement for rent constituting property taxes paid in
13the base year. The amount of the credit for property taxes
14due for a homestead shall be paid on June 15 of each year
15from the elderly and disabled property tax credit fund under
16section 425.39, subsection 1, by the director of revenue to
17the county treasurer who shall credit the money received
18against the amount of the property taxes due and payable on the
19homestead of the claimant and the amount of the reimbursement
20for rent constituting property taxes paid shall be paid by the
21director of health and human services to the claimant from the
22reimbursement fund under section 425.39, subsection 2, on or
23before December 31 of each year.
24 Sec. 1133. Section 425.20, subsections 1 and 3, Code 2023,
25are amended to read as follows:
261. A claim for reimbursement for rent constituting property
27taxes paid shall not be paid or allowed, unless the claim is
28filed with and in the possession of the department of health
29and human services on or before June 1 of the year following
30the base year.
313. In case of sickness, absence, or other disability of
32the claimant or if, in the judgment of the director of revenue
33or the director of health and human services, as applicable,
34good cause exists and the claimant requests an extension, the
35director of health and human services may extend the time for
-782-1filing a claim for reimbursement and the director of revenue
2may extend the time for filing a claim for credit. However,
3any further time granted shall not extend beyond December 31
4of the year following the year in which the claim was required
5to be filed. Claims filed as a result of this subsection shall
6be filed with the director of health and human services or the
7director of revenue, as applicable, who shall provide for the
8reimbursement of the claim to the claimant.
9 Sec. 1134. Section 425.25, subsection 2, Code 2023, is
10amended to read as follows:
112. The director of health and human services shall make
12available suitable forms with instructions for claimants of the
13reimbursement for rent constituting property taxes paid. The
14claim shall be in a form as the director of health and human
15services may prescribe. The director of revenue shall devise a
16reimbursement table with amounts rounded to the nearest even
17whole dollar and provide such table to the director of health
18and human services. Reimbursements in the amount of less than
19one dollar shall not be paid.
20 Sec. 1135. Section 425.26, subsection 2, unnumbered
21paragraph 1, Code 2023, is amended to read as follows:
22Every claimant for reimbursement of rent constituting
23property taxes paid shall give the department of health and
24 human services, in support of the claim, reasonable proof of:
25 Sec. 1136. Section 425.26, subsection 3, Code 2023, is
26amended to read as follows:
273. The department of revenue or the department of health and
28 human services may require any additional proof necessary to
29support a claim.
30 Sec. 1137. Section 425.27, subsection 1, paragraph b, Code
312023, is amended to read as follows:
32b. The department of health and human services is
33responsible for the audit of claims for reimbursement for rent
34constituting property taxes paid under this subchapter.
35 Sec. 1138. Section 425.27, subsection 3, Code 2023, is
-783-1amended to read as follows:
23. If on the audit of a claim for reimbursement for rent
3constituting property taxes paid under this subchapter, the
4department of health and human services determines the amount
5of the claim to have been incorrectly calculated or that the
6claim is not allowable, the department of health and human
7services shall recalculate the claim and notify the claimant
8of the recalculation or denial and the reasons for it. The
9recalculation of the claim shall be final unless appealed
10to the director of health and human services within thirty
11days from the date of notice of recalculation or denial. The
12director of health and human services shall grant a hearing,
13and upon hearing determine the correct claim, if any, and
14notify the claimant of the decision by mail. The department of
15health and human services shall not adjust a claim after three
16years from October 31 of the year in which the claim was filed.
17If the claim for reimbursement has been paid, the amount may be
18recovered by the department of health and human services. The
19decision of the director of health and human services shall be
20final unless appealed as provided in section 425.31.
21 Sec. 1139. Section 425.27, subsection 4, paragraph b, Code
222023, is amended to read as follows:
23b. For the purpose of administering the reimbursement for
24rent constituting property taxes paid, including the duties of
25the director of health and human services and the department of
26health and human services under this subchapter, the director
27of health and human services shall have the same powers as
28those described in section 422.70.
29 Sec. 1140. Section 425.28, subsections 2, 3, and 4, Code
302023, are amended to read as follows:
312. A claimant for reimbursement of rent constituting
32property taxes paid shall expressly waive any right to
33confidentiality relating to all income tax information
34obtainable by the department of health and human services.
353. For the effective administration of this subchapter, the
-784-1department of revenue and the department of health and human
2services shall share information obtained by each department
3from claimants under this subchapter.
44. In addition to the sharing of information under
5subsection 3, the department of health and human services may
6release information pertaining to a person’s eligibility or
7claim for or receipt of rent reimbursement to an employee of
8the department of inspections and appeals in the employee’s
9official conduct of an audit or investigation.
10 Sec. 1141. Section 425.29, subsection 3, Code 2023, is
11amended to read as follows:
123. In the case of a claim for reimbursement disallowed by
13the department of health and human services, the department of
14health and human services may impose penalties described in
15section 421.27. The department of health and human services
16shall send a notice of disallowance of the claim.
17 Sec. 1142. Section 425.31, subsections 2, 3, and 4, Code
182023, are amended to read as follows:
192. Judicial review of the actions of the director of health
20and human services or the department of health and human
21services under this subchapter may be sought in accordance with
22the terms of chapter 17A and the rules of the department of
23health and human services.
243. For cause and upon a showing by the director of revenue
25or the director of health and human services, as applicable,
26that collection of the amount in dispute is in doubt, the
27court may order the petitioner to file with the clerk a bond
28for the use of the respondent, with sureties approved by the
29clerk, equal to the amount appealed from, conditioned that the
30petitioner shall perform the orders of the court.
314. An appeal may be taken by the claimant or the director
32of revenue or the director of health and human services, as
33applicable, to the supreme court of this state irrespective of
34the amount involved.
35 Sec. 1143. Section 425.33, subsection 1, Code 2023, is
-785-1amended to read as follows:
21. If upon petition by a claimant the department of health
3and human services determines that a landlord has increased the
4claimant’s rent primarily because the claimant is eligible for
5reimbursement under this subchapter, the department of health
6and human services shall request the landlord by mail to reduce
7the rent appropriately.
8 Sec. 1144. Section 425.33, subsection 2, unnumbered
9paragraph 1, Code 2023, is amended to read as follows:
10In determining whether a landlord has increased a
11claimant’s rent primarily because the claimant is eligible for
12reimbursement under this subchapter, the department of health
13and human services shall consider the following factors:
14 Sec. 1145. Section 425.33, subsection 3, Code 2023, is
15amended to read as follows:
163. If the landlord fails to comply with the request of the
17department of health and human services within fifteen days
18after the request is mailed, the department of health and human
19services shall order the rent reduced by an appropriate amount.
20 Sec. 1146. Section 425.34, subsection 1, Code 2023, is
21amended to read as follows:
221. If the department of health and human services orders a
23landlord to reduce rent to a claimant, then upon the request
24of the landlord the department of health and human services
25shall hold a prompt hearing of the matter, to be conducted in
26accordance with the rules of the department. The department of
27health and human services shall give notice of the decision by
28mail to the claimant and to the landlord.
29 Sec. 1147. Section 425.37, Code 2023, is amended to read as
30follows:
31425.37 Rules.
32The director of revenue and the director of health and human
33services shall each adopt rules in accordance with chapter
3417A for the interpretation and proper administration of this
35subchapter and each department’s applicable powers and duties
-786-1under this subchapter, including rules to prevent and disallow
2duplication of benefits and to prevent any unreasonable
3hardship or advantage to any person.
4 Sec. 1148. Section 425.39, subsection 2, Code 2023, is
5amended to read as follows:
62. The elderly and disabled rent reimbursement fund is
7created. There is appropriated annually from the general fund
8of the state to the department of health and human services
9to be credited to the elderly and disabled rent reimbursement
10fund, from funds not otherwise appropriated, an amount
11sufficient to implement this subchapter for reimbursement for
12rent constituting property taxes paid for claimants described
13in section 425.17, subsection 2, paragraph “a”, subparagraph
14(1).
15 Sec. 1149. Section 425.40, Code 2023, is amended to read as
16follows:
17425.40 Low-income fund created.
181. A low-income tax credit and reimbursement fund is
19created. Within the low-income tax credit and reimbursement
20fund, a rent reimbursement account is created under the control
21of the department of health and human services and a tax
22credit account is created under the control of the department
23of revenue. Amounts appropriated to the fund shall first be
24credited to the rent reimbursement account.
252. a. The director of health and human services shall use
26amounts credited to the rent reimbursement account for a fiscal
27year to pay all claims for reimbursement of rent constituting
28property taxes paid for claimants described in section 425.17,
29subsection 2, paragraph “a”, subparagraph (2). If the amount
30appropriated for purposes of this section for a fiscal year
31and credited to the rent reimbursement account is insufficient
32to pay all claims in full, the director of health and human
33services shall pay all such claims on a pro rata basis.
34b. If the amount appropriated for purposes of this section
35for a fiscal year and credited to the rent reimbursement
-787-1account exceeds the amount necessary to pay in full all
2reimbursement claims for the fiscal year, the department of
3health and human services shall transfer such excess amount
4to the department of revenue for deposit in the tax credit
5account. The department of revenue shall use any amounts
6credited to the tax credit account for a fiscal year to pay to
7the counties all claims for credit for property taxes due for
8the fiscal year, or if such amount is insufficient, to pay to
9the counties all such claims on a pro rata basis.
103. In order for the director of revenue or the director
11of health and human services to carry out the requirements of
12 subsection 2, notwithstanding any provision to the contrary in
13this subchapter, claims for reimbursement for rent constituting
14property taxes paid filed before May 1 of the fiscal year
15shall be eligible to be paid in full during the fiscal year
16and those claims filed on or after May 1 of the fiscal year
17shall be eligible to be paid during the following fiscal year
18and the director of revenue is not required to make payments
19to counties for the property tax credit before June 15 of the
20fiscal year.
21 Sec. 1150. Section 426B.1, Code 2023, is amended to read as
22follows:
23426B.1 Appropriations — property tax relief fund.
241. A property tax relief fund is created in the state
25treasury under the authority of the department of health
26and human services. The fund shall be separate from the
27general fund of the state and shall not be considered part
28of the general fund of the state except in determining the
29cash position of the state for payment of state obligations.
30The moneys in the fund are not subject to the provisions of
31section 8.33 and shall not be transferred, used, obligated,
32appropriated, or otherwise encumbered except as provided in
33this chapter. Moneys in the fund may be used for cash flow
34purposes, provided that any moneys so allocated are returned
35to the fund by the end of each fiscal year. However, the
-788-1fund shall be considered a special account for the purposes
2of section 8.53, relating to elimination of any GAAP deficit.
3For the purposes of this chapter, unless the context otherwise
4requires, “property tax relief fund” means the property tax
5relief fund created in this section.
62. Moneys shall be distributed from the property tax relief
7fund to the mental health and disability services regional
8service system for mental health and disabilities disability
9 services, in accordance with the appropriations made to the
10fund and other statutory requirements.
11 Sec. 1151. Section 426B.2, Code 2023, is amended to read as
12follows:
13426B.2 Property tax relief fund payments.
14The director of health and human services shall draw
15warrants on the property tax relief fund, payable to
16the regional administrator in the amount due to a mental
17health and disability services region in accordance with
18statutory requirements, and mail the warrants to the regional
19administrator in July and January of each year.
20 Sec. 1152. Section 426B.4, Code 2023, is amended to read as
21follows:
22426B.4 Rules.
23The mental health and disability services commission shall
24consult with regional administrators and the director of health
25and human services in prescribing forms and adopting rules
26pursuant to chapter 17A to administer this chapter.
27 Sec. 1153. Section 427.9, Code 2023, is amended to read as
28follows:
29427.9 Suspension of taxes, assessments, and rates or charges,
30including interest, fees, and costs.
31If a person is a recipient of federal supplementary security
32income or state supplementary assistance, as defined in
33section 249.1, or is a resident of a health care facility, as
34defined by section 135C.1, which is receiving payment from
35the department of health and human services for the person’s
-789-1care, the person shall be deemed to be unable to contribute to
2the public revenue. The director of health and human services
3shall notify a person receiving such assistance of the tax
4suspension provision and shall provide the person with evidence
5to present to the appropriate county board of supervisors which
6shows the person’s eligibility for tax suspension on parcels
7owned, possessed, or upon which the person is paying taxes
8as a purchaser under contract. The board of supervisors so
9notified, without the filing of a petition and statement as
10specified in section 427.8, shall order the county treasurer to
11suspend the collection of all the taxes, special assessments,
12and rates or charges, including interest, fees, and costs,
13assessed against the parcels and remaining unpaid by the person
14or contractually payable by the person, for such time as the
15person remains the owner or contractually prospective owner
16of the parcels, and during the period the person receives
17assistance as described in this section. The county board of
18supervisors shall annually send to the department of health
19and human services the names and social security numbers of
20persons receiving a tax suspension pursuant to this section.
21The department shall verify the continued eligibility for tax
22suspension of each name on the list and shall return the list
23to the board of supervisors. The director of health and human
24services shall advise the person that the person may apply for
25an additional property tax credit pursuant to sections 425.16
26through 425.37 which shall be credited against the amount of
27the taxes suspended.
28 Sec. 1154. Section 432.13, Code 2023, is amended to read as
29follows:
30432.13 Premium tax exemption — hawk-i Hawki program — state
31employee benefits.
321. Premiums collected by participating insurers under
33chapter 514I are exempt from premium tax.
342. Premiums received for benefits acquired on behalf of
35state employees by the department of administrative services
-790-1pursuant to section 8A.402, subsection 1, and by the state
2board of regents pursuant to chapter 262, are exempt from
3premium tax.
4 Sec. 1155. Section 453A.13, subsection 2, paragraph c, Code
52023, is amended to read as follows:
6c. The department, or a city or county, shall submit
7a duplicate of any application for a retail permit to the
8alcoholic beverages division of the department of commerce
9within thirty days of the issuance. The alcoholic beverages
10division of the department of commerce shall submit the current
11list of all retail permits issued to the Iowa department of
12public health and human services by the last day of each
13quarter of a state fiscal year.
14 Sec. 1156. Section 453A.35A, subsection 2, Code 2023, is
15amended to read as follows:
162. Moneys in the fund shall be used only for purposes
17related to health care, substance abuse use disorder treatment
18and prevention, and tobacco use prevention, cessation, and
19control.
20 Sec. 1157. Section 453A.47A, subsection 6, Code 2023, is
21amended to read as follows:
226. Issuance. Cities may issue retail permits to retailers
23located within their respective limits. County boards of
24supervisors may issue retail permits to retailers located in
25their respective counties, outside of the corporate limits of
26cities. The city or county shall submit a duplicate of any
27application for a retail permit to the alcoholic beverages
28division of the department of commerce within thirty days of
29issuance of a permit. The alcoholic beverages division of the
30department of commerce shall submit the current list of all
31retail permits issued to the Iowa department of public health
32and human services by the last day of each quarter of a state
33fiscal year.
34 Sec. 1158. Section 455B.190A, subsection 3, paragraph b,
35subparagraph (5), Code 2023, is amended to read as follows:
-791- 1(5) The director of public health and human services or the
2director’s designee.
3 Sec. 1159. Section 455B.335A, subsection 1, Code 2023, is
4amended to read as follows:
51. The director shall require that a person who operates
6or proposes to operate a waste incinerator which provides for
7the incineration of pathological radioactive materials conduct
8dispersion modeling, under the direction of the Iowa department
9of public health and human services, for radiological isotopes
10to measure the emission levels of alpha and gamma rays. The
11director shall allow a three-month period during which time the
12operator or person proposing operation of such an incinerator
13shall conduct the required dispersion modeling. In order to
14initiate or continue such incineration, the results of the
15modeling shall provide that the existing incinerator meets
16or the proposed incinerator will meet the emission standards
17established by the United States environmental protection
18agency for a selected isotope.
19 Sec. 1160. Section 455B.427, subsection 2, paragraph c,
20Code 2023, is amended to read as follows:
21c. A summary of serious health problems in the immediate
22vicinity of the site and health problems deemed by the director
23in cooperation with the Iowa department of public health and
24human services to be related to conditions at the site.
25 Sec. 1161. Section 455B.427, subsection 3, unnumbered
26paragraph 1, Code 2023, is amended to read as follows:
27In developing and maintaining the annual report, the
28director shall assess the relative priority of the need for
29action at each site to remedy environmental and health problems
30resulting from the presence of hazardous wastes or hazardous
31substances at the sites. In making assessments of relative
32priority, the director, in cooperation with the Iowa department
33of public health and human services on matters relating to
34public health, shall place every site in one of the following
35classifications:
-792-1 Sec. 1162. Section 455B.427, subsection 5, Code 2023, is
2amended to read as follows:
35. The director shall work with the Iowa department of
4public health and human services when assessing the effects of
5a hazardous waste or hazardous substance disposal site on human
6health.
7 Sec. 1163. Section 455E.11, subsection 2, paragraph a,
8subparagraph (2), subparagraph division (a), subparagraph
9subdivision (i), Code 2023, is amended to read as follows:
10(i) Eight thousand dollars shall be transferred to the Iowa
11 department of public health and human services for departmental
12duties required under section sections 135.11, subsections 18
13and 19, and section 139A.21.
14 Sec. 1164. Section 455E.11, subsection 2, paragraph b,
15subparagraph (1), Code 2023, is amended to read as follows:
16(1) Nine thousand dollars of the account is appropriated
17to the Iowa department of public health and human services for
18carrying out the departmental duties under section sections
19 135.11, subsections 18 and 19, and section 139A.21.
20 Sec. 1165. Section 455E.11, subsection 2, paragraph
21b, subparagraph (2), subparagraph division (b), unnumbered
22paragraph 1, Code 2023, is amended to read as follows:
23Two percent is appropriated annually to the department and,
24except for administrative expenses, is transferred to the Iowa
25 department of public health and human services for the purpose
26of administering grants to counties and conducting oversight of
27county-based programs for the testing of private rural water
28supply wells, private rural water supply well sealing, and the
29proper closure of private rural abandoned wells and cisterns.
30Not more than thirty-five percent of the moneys is appropriated
31annually for grants to counties for the purpose of conducting
32programs of private rural water supply testing, private rural
33water supply well sealing, the proper closure of private rural
34abandoned wells and cisterns, or any combination thereof.
35An amount agreed to by the department of natural resources
-793-1and the Iowa department of public health and human services
2 shall be retained by the department of natural resources for
3administrative expenses.
4 Sec. 1166. Section 455E.11, subsection 2, paragraph c,
5subparagraph (1), Code 2023, is amended to read as follows:
6(1) The moneys collected pursuant to section 455F.7
7and moneys collected pursuant to section 29C.8A which are
8designated for deposit shall be deposited in the household
9hazardous waste account. Two thousand dollars is appropriated
10annually to the Iowa department of public health and human
11services to carry out departmental duties under section
12 sections 135.11, subsections 18 and 19, and section 139A.21.
13The remainder of the account shall be used to fund the efforts
14of the department to support a collection system for household
15hazardous materials, including public education programs,
16training, and consultation of local governments in the
17establishment and operation of permanent collection systems,
18and the management of collection sites, education programs,
19and other activities pursuant to chapter 455F, including the
20administration of the household hazardous materials retailer
21permit program by the department of revenue.
22 Sec. 1167. Section 455E.11, subsection 2, paragraph d,
23subparagraph (1), Code 2023, is amended to read as follows:
24(1) One thousand dollars is appropriated annually to
25the Iowa department of public health and human services to
26carry out departmental duties under section sections 135.11,
27subsections 18 and 19, and section 139A.21.
28 Sec. 1168. Section 462A.14, subsection 2, paragraph a,
29subparagraph (4), Code 2023, is amended to read as follows:
30(4) Assignment to substance abuse use disorder evaluation
31and treatment, pursuant to subsection 12, and a course for
32drinking drivers.
33 Sec. 1169. Section 462A.14, subsection 2, paragraph b,
34subparagraph (4), Code 2023, is amended to read as follows:
35(4) Assignment to substance abuse use disorder evaluation
-794-1and treatment, pursuant to subsections 12 and 13, and a course
2for drinking drivers.
3 Sec. 1170. Section 462A.14, subsection 2, paragraph c,
4subparagraph (4), Code 2023, is amended to read as follows:
5(4) Assignment to substance abuse use disorder evaluation
6and treatment, pursuant to subsections 12 and 13, and a course
7for drinking drivers.
8 Sec. 1171. Section 462A.14, subsection 2, paragraphs d and
9e, Code 2023, are amended to read as follows:
10d. A class “D” felony for any offense under this
11section resulting in serious injury to persons other than
12the defendant, if the court determines that the person who
13committed the offense caused the serious injury, and shall
14be imprisoned for a determinate sentence of not more than
15five years but not less than thirty days, or committed to the
16custody of the director of the department of corrections, and
17assessed a fine of not less than two thousand five hundred
18dollars nor more than seven thousand five hundred dollars. A
19person convicted of a felony offense may be committed to the
20custody of the director of the department of corrections, who
21shall assign the person to a facility pursuant to section
22904.513. The court shall also order that the person not
23operate a motorboat or sailboat for one year in addition to
24any other period of time the defendant would have been ordered
25not to operate if no injury had occurred in connection with
26the violation. The court shall also assign the defendant to
27substance abuse use disorder evaluation and treatment pursuant
28to subsections 12 and 13, and a course for drinking drivers.
29e. A class “B” felony for any offense under this section
30resulting in the death of persons other than the defendant, if
31the court determines that the person who committed the offense
32caused the death, and shall be imprisoned for a determinate
33sentence of not more than twenty-five years, or committed to
34the custody of the director of the department of corrections.
35A person convicted of a felony offense may be committed to
-795-1the custody of the director of the department of corrections,
2who shall assign the person to a facility pursuant to section
3904.513. The court shall also order that the person not
4operate a motorboat or sailboat for six years. The court shall
5also assign the defendant to substance abuse use disorder
6 evaluation and treatment pursuant to subsections 12 and 13, and
7a course for drinking drivers.
8 Sec. 1172. Section 462A.14, subsection 12, Code 2023, is
9amended to read as follows:
1012. a. All substance abuse use disorder evaluations
11required under this section shall be completed at the
12defendant’s expense.
13b. In addition to assignment to substance abuse use disorder
14 evaluation and treatment under this section, the court shall
15order any defendant convicted under this section to follow the
16recommendations proposed in the substance abuse use disorder
17 evaluation for appropriate substance abuse use disorder
18 treatment for the defendant. Court-ordered substance abuse
19 use disorder treatment is subject to the periodic reporting
20requirements of section 125.86.
21c. If a defendant is committed by the court to a substance
22abuse use disorder treatment facility, the administrator of the
23facility shall report to the court when it is determined that
24the defendant has received the maximum benefit of treatment
25at the facility and the defendant shall be released from the
26facility. The time for which the defendant is committed for
27treatment shall be credited against the defendant’s sentence.
28d. The court may prescribe the length of time for the
29evaluation and treatment or the court may request that the
30community college or licensed substance abuse use disorder
31 program conducting the course for drinking drivers which the
32defendant is ordered to attend or the treatment program to
33which the defendant is committed immediately report to the
34court when the defendant has received maximum benefit from
35the course for drinking drivers or treatment program or has
-796-1recovered from the defendant’s addiction, dependency, or
2tendency to chronically abuse use alcohol or drugs.
3e. Upon successfully completing a course for drinking
4drivers or an ordered substance abuse use disorder treatment
5program, a court may place the defendant on probation for six
6months and as a condition of probation, the defendant shall
7attend a program providing posttreatment services relating to
8substance abuse use disorder as approved by the court.
9f. A defendant committed under this section who does not
10possess sufficient income or estate to make payment of the
11costs of the treatment in whole or in part shall be considered
12a state patient and the costs of treatment shall be paid as
13provided in section 125.44.
14g. A defendant who fails to carry out the order of the
15court shall be confined in the county jail for twenty days in
16addition to any other imprisonment ordered by the court or may
17be ordered to perform unpaid community service work, and shall
18be placed on probation for one year with a violation of this
19probation punishable as contempt of court.
20h. In addition to any other condition of probation, the
21defendant shall attend a program providing substance abuse use
22disorder prevention services or posttreatment services related
23to substance abuse use disorder as ordered by the court. The
24defendant shall report to the defendant’s probation officer as
25ordered concerning proof of attendance at the treatment program
26or posttreatment program ordered by the court. Failure to
27attend or complete the program shall be considered a violation
28of probation and is punishable as contempt of court.
29 Sec. 1173. Section 466B.3, subsection 4, paragraph c, Code
302023, is amended to read as follows:
31c. The director of the department of public health and human
32services or the director’s designee.
33 Sec. 1174. Section 470.5, Code 2023, is amended to read as
34follows:
35470.5 Exceptions.
-797- 1This chapter does not apply to buildings used on January 1,
21980, by the division of adult corrections of the department
3of health and human services as maximum security detention
4facilities or to the renovation of property nominated to, or
5entered in the national register of historic places, designated
6by statute, or included in an established list of historic
7places compiled by the historical division of the department of
8cultural affairs.
9 Sec. 1175. Section 476.20, subsection 2, Code 2023, is
10amended to read as follows:
112. The board shall establish rules requiring a regulated
12public utility furnishing gas or electricity to include in
13the utility’s notice of pending disconnection of service a
14written statement advising the customer that the customer
15may be eligible to participate in the low income home energy
16assistance program or weatherization assistance program
17administered by the division of community action agencies
18of the department of health and human rights services. The
19written statement shall list the address and telephone number
20of the local agency which is administering the customer’s low
21income home energy assistance program and the weatherization
22assistance program. The written statement shall also state
23that the customer is advised to contact the public utility
24to settle any of the customer’s complaints with the public
25utility, but if a complaint is not settled to the customer’s
26satisfaction, the customer may file the complaint with the
27board. The written statement shall include the address
28and phone number of the board. If the notice of pending
29disconnection of service applies to a residence, the written
30statement shall advise that the disconnection does not apply
31from November 1 through April 1 for a resident who is a “head
32of household”, as defined in section 422.4, and who has been
33certified to the public utility by the local agency which is
34administering the low income home energy assistance program and
35weatherization assistance program as being eligible for either
-798-1the low income home energy assistance program or weatherization
2assistance program, and that if such a resident resides within
3the serviced residence, the customer should promptly have
4the qualifying resident notify the local agency which is
5administering the low income home energy assistance program and
6weatherization assistance program. The board shall establish
7rules requiring that the written notice contain additional
8information as it deems necessary and appropriate.
9 Sec. 1176. Section 476.51, subsection 5, Code 2023, is
10amended to read as follows:
115. Civil penalties collected pursuant to this section from
12utilities providing water, electric, or gas service shall
13be forwarded by the chief operating officer of the board to
14the treasurer of state to be credited to the general fund of
15the state and to be used only for the low income home energy
16assistance program and the weatherization assistance program
17administered by the division of community action agencies of
18the department of health and human rights services. Civil
19penalties collected pursuant to this section from utilities
20providing telecommunications service shall be forwarded to
21the treasurer of state to be credited to the department of
22commerce revolving fund created in section 546.12 to be used
23only for consumer education programs administered by the board.
24Penalties paid by a rate-regulated public utility pursuant to
25this section shall be excluded from the utility’s costs when
26determining the utility’s revenue requirement, and shall not be
27included either directly or indirectly in the utility’s rates
28or charges to customers.
29 Sec. 1177. Section 476.66, subsection 6, Code 2023, is
30amended to read as follows:
316. The rules established by the utilities board shall
32require an annual report to be filed for each fund. The
33utilities board shall compile an annual statewide report of the
34fund results. The division of community action agencies of the
35 department of health and human rights services shall prepare
-799-1an annual report of the unmet need for energy assistance
2and weatherization. Both reports shall be submitted to the
3appropriations committees of the general assembly on the first
4day of the following session.
5 Sec. 1178. Section 477C.5, subsection 2, paragraph c, Code
62023, is amended to read as follows:
7c. One representative from the office of deaf services of
8the department of health and human rights services.
9 Sec. 1179. Section 478.29, subsection 1, Code 2023, is
10amended to read as follows:
111. A person who violates a provision of this chapter is
12subject to a civil penalty, which may be levied by the board,
13of not more than one hundred dollars per violation or one
14thousand dollars per day of a continuing violation, whichever
15is greater. Civil penalties collected pursuant to this section
16shall be forwarded by the chief operating officer of the board
17to the treasurer of state to be credited to the general fund of
18the state and appropriated to the division of community action
19agencies of the department of health and human rights services
20 for purposes of the low income home energy assistance program
21and the weatherization assistance program.
22 Sec. 1180. Section 479.31, subsection 1, Code 2023, is
23amended to read as follows:
241. A person who violates this chapter or any rule or
25order issued pursuant to this chapter shall be subject to
26a civil penalty levied by the board in accordance with 49
27C.F.R. §190.223. Each day that the violation continues shall
28constitute a separate offense. Civil penalties collected
29pursuant to this section shall be forwarded by the chief
30operating officer of the board to the treasurer of state to be
31credited to the general fund of the state and appropriated to
32the division of community action agencies of the department
33of health and human rights services for purposes of the low
34income home energy assistance program and the weatherization
35assistance program.
-800-1 Sec. 1181. Section 479B.21, subsection 1, Code 2023, is
2amended to read as follows:
31. A person who violates this chapter or any rule or
4order issued pursuant to this chapter shall be subject to a
5civil penalty levied by the board in an amount not to exceed
6one thousand dollars for each violation. Each day that the
7violation continues shall constitute a separate offense.
8However, the maximum civil penalty shall not exceed two hundred
9thousand dollars for any related series of violations. Civil
10penalties collected pursuant to this section shall be forwarded
11by the chief operating officer of the board to the treasurer
12of state to be credited to the general fund of the state and
13appropriated to the division of community action agencies of
14the department of health and human rights services for purposes
15of the low income home energy assistance program and the
16weatherization assistance program.
17 Sec. 1182. Section 483A.24, subsections 7 and 15, Code 2023,
18are amended to read as follows:
197. A license shall not be required of minor pupils of the
20Iowa braille and sight saving school, Iowa school for the deaf,
21or of minor residents of other state institutions under the
22control of an administrator of a division of the department
23of health and human services. In addition, a person who is
24on active duty with the armed forces of the United States,
25on authorized leave from a duty station located outside of
26this state, and a resident of the state of Iowa shall not be
27required to have a license to hunt or fish in this state. The
28military person shall carry the person’s leave papers and a
29copy of the person’s current earnings statement showing a
30deduction for Iowa income taxes while hunting or fishing. In
31lieu of carrying the person’s earnings statement, the military
32person may also claim residency if the person is registered to
33vote in this state. If a deer or wild turkey is taken, the
34military person shall immediately contact a state conservation
35officer to obtain an appropriate tag to transport the animal.
-801-1A license shall not be required of residents of county care
2facilities or any person who is receiving supplementary
3assistance under chapter 249.
415. The department may issue a permit, subject to conditions
5established by the department, which authorizes patients of a
6substance abuse use disorder facility, residents of health care
7facilities licensed under chapter 135C, tenants of elder group
8homes licensed under chapter 231B, tenants of assisted living
9program facilities licensed under chapter 231C, participants
10who attend adult day services programs licensed under chapter
11231D, participants in services funded under a federal home and
12community-based services waiver implemented under the medical
13assistance program as defined in chapter 249A, and persons
14cared for in juvenile shelter care homes as provided for in
15chapter 232 to fish without a license as a supervised group.
16A person supervising a group pursuant to this subsection may
17fish with the group pursuant to the permit and is not required
18to obtain a fishing license.
19 Sec. 1183. Section 505.16, subsection 2, Code 2023, is
20amended to read as follows:
212. The insurance commissioner shall approve rules for
22carrying out this section including rules relating to the
23preparation of information to be provided before and after a
24test and the protection of confidentiality of personal and
25medical records of insurance applicants and policyholders.
26The rules shall require a person engaged in the business
27of insurance who receives results of a positive human
28immunodeficiency virus test of an insurance applicant or
29policyholder to report those results to a physician or
30alternative testing site of the applicant’s or policyholder’s
31choice, or if the applicant or policyholder does not choose a
32physician or alternative testing site to receive the results,
33to the Iowa department of public health and human services.
34 Sec. 1184. Section 505.25, Code 2023, is amended to read as
35follows:
-802- 1505.25 Information provided to medical assistance program,
2hawk-i Hawki program, and child support recovery unit services.
3A carrier, as defined in section 514C.13, shall enter into
4a health insurance data match program with the department of
5health and human services for the sole purpose of comparing the
6names of the carrier’s insureds with the names of recipients of
7the medical assistance program under chapter 249A, individuals
8under the purview of the child support recovery unit services
9 pursuant to chapter 252B, or enrollees of the hawk-i Hawki
10 program under chapter 514I.
11 Sec. 1185. Section 505.34, Code 2023, is amended to read as
12follows:
13505.34 Medical assistance and hawk-i Hawki programs —
14applicability of subtitle.
151. The medical assistance program under chapter 249A and
16the healthy and well kids in Iowa (hawk-i) (Hawki) program
17under chapter 514I shall not be subject to this subtitle unless
18otherwise provided by law.
192. A managed care organization acting pursuant to a contract
20with the department of health and human services to administer
21the medical assistance program under chapter 249A, or the
22healthy and well kids in the Iowa (hawk-i) (Hawki) program
23under chapter 514I, shall not be subject to this subtitle
24unless otherwise provided by law.
25 Sec. 1186. Section 508C.5, subsection 13, paragraph f, Code
262023, is amended to read as follows:
27f. An entity whose only business in this state is operating
28as a managed care organization. For purposes of this
29paragraph, “managed care organization” means an entity that is
30under contract with the Iowa department of health and human
31services to provide services to Medicaid recipients and that
32also meets the definition of “health maintenance organization”
33in section 514B.1.
34 Sec. 1187. Section 509.1, subsection 7, Code 2023, is
35amended to read as follows:
-803- 17. A policy issued to the department of health and human
2services, which shall be deemed the policyholder, to insure
3eligible persons for medical assistance, or for both mandatory
4medical assistance and optional medical assistance, as defined
5by chapter 249A as hereafter amended.
6 Sec. 1188. Section 509.3A, subsection 12, Code 2023, is
7amended to read as follows:
812. The hawk-i Hawki program authorized by chapter 514I.
9 Sec. 1189. Section 510B.1, subsections 9 and 22, Code 2023,
10are amended to read as follows:
119. “Health carrier” means an entity subject to the
12insurance laws and regulations of this state, or subject
13to the jurisdiction of the commissioner, including an
14insurance company offering sickness and accident plans, a
15health maintenance organization, a nonprofit health service
16corporation, or a plan established pursuant to chapter 509A for
17public employees. “Health carrier” does not include any of the
18following:
19a. The department of health and human services.
20b. A managed care organization acting pursuant to a contract
21with the department of health and human services to administer
22the medical assistance program under chapter 249A or the
23healthy and well kids in Iowa (hawk-i) (Hawki) program under
24chapter 514I.
25c. A policy or contract providing a prescription drug
26benefit pursuant to 42 U.S.C.ch.7, subch.XVIII, part D.
27d. A plan offered or maintained by a multiple employer
28welfare arrangement established under chapter 513D before
29January 1, 2022.
3022. “Third-party payor” means any entity other than a
31covered person or a health care provider that is responsible
32for any amount of reimbursement for a prescription drug
33benefit. “Third-party payor” includes health carriers and other
34entities that provide a plan of health insurance or health
35care benefits. “Third-party payor” does not include any of the
-804-1following:
2a. The department of health and human services.
3b. A managed care organization acting pursuant to a contract
4with the department of health and human services to administer
5the medical assistance program under chapter 249A or the
6healthy and well kids in Iowa (hawk-i) (Hawki) program under
7chapter 514I.
8c. A policy or contract providing a prescription drug
9benefit pursuant to 42 U.S.C.ch.7, subch.XVIII, part D.
10 Sec. 1190. Section 513B.2, subsection 8, paragraph l, Code
112023, is amended to read as follows:
12l. The hawk-i Hawki program authorized by chapter 514I.
13 Sec. 1191. Section 513C.3, subsection 12, paragraph d, Code
142023, is amended to read as follows:
15d. Loss of eligibility for the hawk-i Hawki program
16authorized in chapter 514I.
17 Sec. 1192. Section 514.1, subsection 2, paragraph c, Code
182023, is amended to read as follows:
19c. “Subscriber” means an individual who enters into a
20contract for health care services with a corporation subject
21to this chapter and includes a person eligible for mandatory
22medical assistance or optional medical assistance as defined
23under chapter 249A, with respect to whom the department of
24health and human services has entered into a contract with a
25firm operating under this chapter.
26 Sec. 1193. Section 514A.3B, subsection 3, paragraph l, Code
272023, is amended to read as follows:
28l. The hawk-i Hawki program authorized by chapter 514I.
29 Sec. 1194. Section 514B.3, subsection 1, paragraph m, Code
302023, is amended to read as follows:
31m. A description of the procedures and programs to be
32implemented to meet the requirements for quality of health
33care as determined by the director of public health and human
34services under section 514B.4.
35 Sec. 1195. Section 514B.3, subsection 3, Code 2023, is
-805-1amended to read as follows:
23. Upon receipt of an application for a certificate of
3authority, the commissioner shall immediately transmit copies
4of the application and accompanying documents to the director
5of public health and human services and the affected regional
6health planning council, as authorized by Pub.L. No.89-749,
742 U.S.C. §246(b)2b, for their nonbinding consultation and
8advice.
9 Sec. 1196. Section 514B.4A, Code 2023, is amended to read
10as follows:
11514B.4A Direct provision of health care services.
121. An application for a certificate of authority to
13provide health care services, directly, shall be forwarded
14by the commissioner to the director of public health and
15human services for review, comment, and recommendation, with
16respect to the health care services to be provided directly, to
17assure that the applicant has demonstrated the willingness and
18potential ability to provide the health care services through
19adequate personnel and facilities.
202. Rules proposed by the commissioner for adoption
21for the direct provision of health care services by a
22health maintenance organization, shall be forwarded by the
23commissioner to the director of public health and human
24services for review, comment, and recommendation, prior to
25submission to the administrative rules coordinator pursuant to
26section 17A.4.
273. The director of public health and human services shall
28respond to the commissioner, with respect to an application
29or proposed rule, with any comments or recommendations within
30thirty days of the forwarding of the application or proposed
31rules to the director of public health and human services.
32 Sec. 1197. Section 514B.32, subsection 5, Code 2023, is
33amended to read as follows:
345. The provisions of this chapter shall be applicable to a
35managed care organization acting pursuant to a contract with
-806-1the department of health and human services to administer the
2medical assistance program under chapter 249A, or the healthy
3and well kids in Iowa (hawk-i) (Hawki) program under chapter
4514I, only with respect to licensure and solvency standards
5as evidenced by the managed care organization obtaining
6and maintaining a certificate of authority, and maintaining
7compliance with the solvency standards set forth in this
8chapter.
9 Sec. 1198. Section 514B.33, subsection 5, paragraph a, Code
102023, is amended to read as follows:
11a. For purposes of this section, “limited service
12organization” means an organization providing dental care
13services, vision care services, mental health services,
14substance abuse use disorder services, pharmaceutical services,
15podiatric care services, or such other services as may be
16determined by the commissioner.
17 Sec. 1199. Section 514C.9, subsection 3, paragraph b, Code
182023, is amended to read as follows:
19b. Enroll a child who is eligible for coverage under the
20applicable terms and conditions of the health benefit plan and
21the standard enrollment guidelines of the insurer, without
22regard to any time of enrollment restriction, under dependent
23coverage upon application by the obligee or other legal
24custodian of the child or by the department of health and human
25services in the event an obligor required by a court order or
26administrative order fails to apply for coverage for the child.
27 Sec. 1200. Section 514C.9, subsection 4, Code 2023, is
28amended to read as follows:
294. A group health plan shall establish reasonable
30procedures to determine whether a child is covered under a
31qualified medical child support order issued pursuant to
32chapter 252E.The procedures shall be in writing, provide for
33prompt notice of each person specified in the medical child
34support order as eligible to receive benefits under the group
35health plan upon receipt by the plan of the medical child
-807-1support order, and allow an obligee or other legal custodian
2of the child under chapter 252E to designate a representative
3for receipt of copies of notices in regard to the medical child
4support order that are sent to the obligee or other legal
5custodian of the child and the department of health and human
6services’ child support recovery unit services.
7 Sec. 1201. Section 514C.18, subsection 1, paragraph b,
8subparagraph (2), Code 2023, is amended to read as follows:
9(2) The diabetes self-management training and education
10program is certified by the Iowa department of public health
11and human services. The department shall consult with the
12American diabetes association, Iowa affiliate, in developing
13the standards for certification of diabetes education programs
14that cover at least ten hours of initial outpatient diabetes
15self-management training within a continuous twelve-month
16period and up to two hours of follow-up training for each
17subsequent year for each individual diagnosed by a physician or
18physician assistant with any type of diabetes mellitus.
19 Sec. 1202. Section 514C.27, Code 2023, is amended to read
20as follows:
21514C.27 Mental illness and substance abuse use disorder
22 treatment coverage for veterans.
231. Notwithstanding the uniformity of treatment requirements
24of section 514C.6, a group policy or contract providing for
25third-party payment or prepayment of health or medical expenses
26issued by a carrier, as defined in section 513B.2, shall
27provide coverage benefits to an insured who is a veteran for
28treatment of mental illness and substance abuse use disorder if
29either of the following is satisfied:
30a. The policy or contract is issued to an employer who
31on at least fifty percent of the employer’s working days
32during the preceding calendar year employed more than fifty
33full-time equivalent employees. In determining the number
34of full-time equivalent employees of an employer, employers
35who are affiliated or who are able to file a consolidated tax
-808-1return for purposes of state taxation shall be considered one
2employer.
3b. The policy or contract is issued to a small employer as
4defined in section 513B.2, and such policy or contract provides
5coverage benefits for the treatment of mental illness and
6substance abuse use disorder.
72. Notwithstanding the uniformity of treatment requirements
8of section 514C.6, a plan established pursuant to chapter 509A
9for public employees shall provide coverage benefits to an
10insured who is a veteran for treatment of mental illness and
11substance abuse use disorder as defined in subsection 3.
123. For purposes of this section:
13a. “Mental illness” means mental disorders as defined by the
14commissioner by rule.
15b. “Substance abuse use disorder” means a pattern of
16pathological use of alcohol or a drug that causes impairment
17in social or occupational functioning, or that produces
18physiological dependency evidenced by physical tolerance or by
19physical symptoms when the alcohol or drug is withdrawn.
20c. “Veteran” means the same as defined in section 35.1.
214. The commissioner, by rule, shall define “mental illness”
22consistent with definitions provided in the most recent edition
23of the American psychiatric association’s diagnostic and
24statistical manual of mental disorders, as the definitions may
25be amended from time to time. The commissioner may adopt the
26definitions provided in such manual by reference.
275. This section shall not apply to accident-only,
28specified disease, short-term hospital or medical, hospital
29confinement indemnity, credit, dental, vision, Medicare
30supplement, long-term care, basic hospital and medical-surgical
31expense coverage as defined by the commissioner, disability
32income insurance coverage, coverage issued as a supplement
33to liability insurance, workers’ compensation or similar
34insurance, or automobile medical payment insurance, or
35individual accident and sickness policies issued to individuals
-809-1or to individual members of a member association.
26. A carrier or plan established pursuant to chapter 509A
3may manage the benefits provided through common methods,
4including but not limited to providing payment of benefits or
5providing care and treatment under a capitated payment system,
6prospective reimbursement rate system, utilization control
7system, incentive system for the use of least restrictive and
8least costly levels of care, a preferred provider contract
9limiting choice of specific providers, or any other system,
10method, or organization designed to assure services are
11medically necessary and clinically appropriate.
127. a. A group policy or contract or plan covered under this
13section shall not impose an aggregate annual or lifetime limit
14on mental illness or substance abuse use disorder coverage
15benefits unless the policy or contract or plan imposes an
16aggregate annual or lifetime limit on substantially all medical
17and surgical coverage benefits.
18b. A group policy or contract or plan covered under this
19section that imposes an aggregate annual or lifetime limit on
20substantially all medical and surgical coverage benefits shall
21not impose an aggregate annual or lifetime limit on mental
22illness or substance abuse use disorder coverage benefits which
23is less than the aggregate annual or lifetime limit imposed on
24substantially all medical and surgical coverage benefits.
258. A group policy or contract or plan covered under this
26section shall at a minimum allow for thirty inpatient days
27and fifty-two outpatient visits annually. The policy or
28contract or plan may also include deductibles, coinsurance,
29or copayments, provided the amounts and extent of such
30deductibles, coinsurance, or copayments applicable to other
31medical or surgical services coverage under the policy or
32contract or plan are the same. It is not a violation of this
33section if the policy or contract or plan excludes entirely
34from coverage benefits for the cost of providing the following:
35a. Care that is substantially custodial in nature.
-810- 1b. Services and supplies that are not medically necessary or
2clinically appropriate.
3c. Experimental treatments.
49. This section applies to third-party payment provider
5policies or contracts and plans established pursuant to chapter
6509A delivered, issued for delivery, continued, or renewed in
7this state on or after January 1, 2011.
8 Sec. 1203. Section 514E.1, subsection 6, paragraph k, Code
92023, is amended to read as follows:
10k. The hawk-i Hawki program authorized by chapter 514I.
11 Sec. 1204. Section 514F.7, subsection 1, paragraph h, Code
122023, is amended to read as follows:
13h. “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 a managed care
22organization as defined in 441 IAC 73.1 when the managed care
23organization is acting pursuant to a contract with the Iowa
24 department of health and human services to provide services to
25Medicaid recipients.
26 Sec. 1205. Section 514F.8, subsection 1, paragraph g, Code
272023, is amended to read as follows:
28g. “Health carrier” means an entity subject to the
29insurance laws and regulations of this state, or subject
30to the jurisdiction of the commissioner, including an
31insurance company offering sickness and accident plans, a
32health maintenance organization, a nonprofit health service
33corporation, a plan established pursuant to chapter 509A
34for public employees, or any other entity providing a plan
35of health insurance, health care benefits, or health care
-811-1services. “Health carrier” does not include the department
2of health and human services, or a managed care organization
3acting pursuant to a contract with the department of health
4and human services to administer the medical assistance
5program under chapter 249A or the healthy and well kids in Iowa
6(hawk-i) (Hawki) program under chapter 514I.
7 Sec. 1206. Section 514H.2, subsection 2, Code 2023, is
8amended to read as follows:
92. The insurance division of the department of commerce
10shall administer the program in cooperation with the division
11responsible for medical services within the department
12of health and human services. Each agency shall take all
13necessary actions, including filing an appropriate medical
14assistance state plan amendment to the state Medicaid plan to
15take full advantage of the benefits and features of the Deficit
16Reduction Act of 2005.
17 Sec. 1207. Section 514H.5, subsection 2, Code 2023, is
18amended to read as follows:
192. When the division responsible for medical services
20within the department of health and human services determines
21whether an individual is eligible for medical assistance
22under chapter 249A, the division department shall make an
23asset disregard adjustment for any individual who meets the
24requirements of section 514H.3. The asset disregard shall
25be available after benefits of the qualified long-term care
26insurance policy have been applied to the cost of qualified
27long-term care services as required under this chapter.
28 Sec. 1208. Section 514H.7, subsection 3, Code 2023, is
29amended to read as follows:
303. The insurance division, in cooperation with the
31department of health and human services, shall adopt rules
32to provide an asset disregard to individuals who are covered
33by a long-term care insurance policy prior to November 17,
342005, consistent with the Iowa long-term care asset disregard
35incentive program.
-812-1 Sec. 1209. Section 514H.8, Code 2023, is amended to read as
2follows:
3514H.8 Reciprocal agreements to extend asset disregard.
4The division responsible for medical services within
5the department of health and human services may enter into
6reciprocal agreements with other states to extend the asset
7disregard under section 514H.5 to Iowa residents who had
8purchased or were covered by qualified long-term care insurance
9policies in other states.
10 Sec. 1210. Section 514H.9, Code 2023, is amended to read as
11follows:
12514H.9 Rules.
13The insurance division of the department of commerce in
14cooperation with the department of health and human services
15shall adopt rules pursuant to chapter 17A as necessary to
16administer this chapter.
17 Sec. 1211. Section 514I.1, subsections 2 and 4, Code 2023,
18are amended to read as follows:
192. It is the intent of the general assembly that the program
20be implemented and administered in compliance with Tit.XXI
21of the federal Social Security Act. If, as a condition of
22receiving federal funds for the program, federal law requires
23implementation and administration of the program in a manner
24not provided in this chapter, during a period when the general
25assembly is not in session, the department, with the approval
26of the hawk-i Hawki board, shall proceed to implement and
27administer those provisions, subject to review by the next
28regular session of the general assembly.
294. It is the intent of the general assembly that the
30hawk-i Hawki program be an integral part of the continuum of
31health insurance coverage and that the program be developed
32and implemented in such a manner as to facilitate movement of
33families between health insurance providers and to facilitate
34the transition of families to private sector health insurance
35coverage.
-813-1 Sec. 1212. Section 514I.2, Code 2023, is amended to read as
2follows:
3514I.2 Definitions.
4As used in this chapter, unless the context otherwise
5requires:
61. “Benchmark benefit package” means any of the following:
7a. The standard blue cross/blue shield preferred provider
8option service benefit plan, described in and offered under 5
9U.S.C. §8903(1).
10b. A health benefits coverage plan that is offered and
11generally available to state employees in this state.
12c. The plan of a health maintenance organization as defined
13in 42 U.S.C. §300e, with the largest insured commercial,
14nonmedical assistance enrollment of covered lives in the state.
152. “Cost sharing” means the payment of a premium or
16copayment as provided for by Tit.XXI of the federal Social
17Security Act and section 514I.10.
183. “Department” means the department of health and human
19services.
204. “Director” means the director of health and human
21services.
225. “Eligible child” means an individual who meets the
23criteria for participation in the program under section 514I.8.
246. “Hawk-i Hawki board” or “board” means the entity which
25adopts rules and establishes policy for, and directs the
26department regarding, the hawk-i Hawki program.
277. “Hawk-i Hawki program” or “program” means the healthy and
28well kids in Iowa program created in this chapter to provide
29health insurance coverage to eligible children.
308. “Health insurance coverage” means health insurance
31coverage as defined in 42 U.S.C. §300gg-91.
329. “Participating insurer” means any of the following:
33a. An entity licensed by the division of insurance of the
34department of commerce to provide health insurance in Iowa that
35has contracted with the department to provide health insurance
-814-1coverage to eligible children under this chapter.
2b. A managed care organization acting pursuant to a contract
3with the department of human services to administer the hawk-i
4 Hawki program.
510. “Qualified child health plan” or “plan” means health
6insurance coverage provided by a participating insurer under
7this chapter.
8 Sec. 1213. Section 514I.3, Code 2023, is amended to read as
9follows:
10514I.3 Hawk-i Hawki program — established.
111. The hawk-i Hawki program, a statewide program designed to
12improve the health of children and to provide health insurance
13coverage to eligible children on a regional basis which
14complies with Tit.XXI of the federal Social Security Act, is
15established and shall be implemented January 1, 1999.
162. Health insurance coverage under the program shall be
17provided by participating insurers and through qualified child
18health plans.
193. The department of human services is designated to receive
20the state and federal funds appropriated or provided for the
21program, and to submit and maintain the state plan for the
22program, which is approved by the centers for Medicare and
23Medicaid services of the United States department of health and
24human services.
254. Nothing in this chapter shall be construed or is intended
26as, or shall imply, a grant of entitlement for services to
27persons who are eligible for participation in the program based
28upon eligibility consistent with the requirements of this
29chapter. Any state obligation to provide services pursuant to
30this chapter is limited to the extent of the funds appropriated
31or provided for this chapter.
325. Participating insurers under this chapter are not
33subject to the requirements of chapters 513B and 513C.
346. Health care coverage provided under this chapter in
35accordance with Tit.XXI of the federal Social Security Act
-815-1shall be recognized as prior creditable coverage for the
2purposes of private individual and group health insurance
3coverage.
4 Sec. 1214. Section 514I.4, subsection 1, unnumbered
5paragraph 1, Code 2023, is amended to read as follows:
6The director, with the approval of the hawk-i Hawki board,
7shall implement this chapter. The director shall do all of the
8following:
9 Sec. 1215. Section 514I.5, Code 2023, is amended to read as
10follows:
11514I.5 Hawk-i Hawki board.
121. A hawk-i Hawki board for the hawk-i Hawki program is
13established. The board shall meet not less than six and
14not more than twelve times annually, for the purposes of
15establishing policy for, directing the department on, and
16adopting rules for the program. The board shall consist of
17seven voting members and four ex officio, nonvoting members,
18including all of the following:
19a. The commissioner of insurance, or the commissioner’s
20designee.
21b. The director of the department of education, or the
22director’s designee.
23c. The director of public health and human services, or the
24director’s designee.
25d. Four public members appointed by the governor and
26subject to confirmation by the senate. The public members
27shall be members of the general public who have experience,
28knowledge, or expertise in the subject matter embraced within
29this chapter.
30e. Two members of the senate and two members of the house of
31representatives, serving as ex officio, nonvoting members. The
32legislative members of the board shall be appointed one each
33by the majority leader of the senate, after consultation with
34the president of the senate, and by the minority leader of the
35senate, and by the speaker of the house of representatives,
-816-1after consultation with the majority leader of the house of
2representatives, and by the minority leader of the house
3of representatives. Legislative members shall receive
4compensation pursuant to section 2.12.
52. Members appointed by the governor shall serve two-year
6staggered terms as designated by the governor, and legislative
7members of the board shall serve two-year terms. The filling
8of positions reserved for the public representatives,
9vacancies, membership terms, payment of compensation and
10expenses, and removal of the members are governed by chapter
1169. Members of the board are entitled to receive reimbursement
12of actual expenses incurred in the discharge of their duties.
13Public members of the board are also eligible to receive
14compensation as provided in section 7E.6. A majority of the
15voting members constitutes a quorum and the affirmative vote
16of a majority of the voting members is necessary for any
17substantive action to be taken by the board. The members
18shall select a chairperson on an annual basis from among the
19membership of the board.
203. The board shall approve any contract entered into
21pursuant to this chapter. All contracts entered into pursuant
22to this chapter shall be made available to the public.
234. The department of human services shall act as support
24staff to the board.
255. The board may receive and accept grants, loans, or
26advances of funds from any person and may receive and accept
27from any source contributions of money, property, labor, or any
28other thing of value, to be held, used, and applied for the
29purposes of the program.
306. The hawk-i Hawki board shall do all of the following:
31a. Define, in consultation with the department, the regions
32of the state for which plans are offered in a manner as to
33ensure access to services for all children participating in the
34program.
35b. Approve the benefit package design, review the benefit
-817-1package design on a periodic basis, and make necessary changes
2in the benefit design to reflect the results of the periodic
3reviews.
4c. Develop, with the assistance of the department, an
5outreach plan, and provide for periodic assessment of the
6effectiveness of the outreach plan. The plan shall provide
7outreach to families of children likely to be eligible
8for assistance under the program, to inform them of the
9availability of and to assist the families in enrolling
10children in the program. The outreach efforts may include, but
11are not limited to, solicitation of cooperation from programs,
12agencies, and other persons who are likely to have contact
13with eligible children, including but not limited to those
14associated with the educational system, and the development
15of community plans for outreach and marketing. Other state
16agencies shall assist the department in data collection related
17to outreach efforts to potentially eligible children and their
18families.
19d. In consultation with the clinical advisory committee,
20assess the initial health status of children participating in
21the program, establish a baseline for comparison purposes, and
22develop appropriate indicators to measure the subsequent health
23status of children participating in the program.
24e. Review, in consultation with the department, and take
25necessary steps to improve interaction between the program and
26other public and private programs which provide services to the
27population of eligible children.
28f. By January 1, annually, prepare, with the assistance
29of the department, and submit a report to the governor,
30the general assembly, and the council on health and human
31services, concerning the board’s activities, findings, and
32recommendations.
33g. Solicit input from the public regarding the program and
34related issues and services.
35h. Establish and consult with a clinical advisory committee
-818-1to make recommendations to the board regarding the clinical
2aspects of the hawk-i Hawki program.
3i. Prescribe the elements to be included in a health
4improvement program plan required to be developed by a
5participating insurer. The elements shall include but are not
6limited to health maintenance and prevention and health risk
7assessment.
8j. Establish an advisory committee to make recommendations
9to the board and to the general assembly by January 1 annually
10concerning the provision of health insurance coverage to
11children with special health care needs. The committee shall
12include individuals with experience in, knowledge of, or
13expertise in this area. The recommendations shall address, but
14are not limited to, all of the following:
15(1) The definition of the target population of children
16with special health care needs for the purposes of determining
17eligibility under the program.
18(2) Eligibility options for and assessment of children with
19special health care needs for eligibility.
20(3) Benefit options for children with special health care
21needs.
22(4) Options for enrollment of children with special health
23care needs in and disenrollment of children with special health
24care needs from qualified child health plans utilizing a
25capitated fee form of payment.
26(5) The appropriateness and quality of care for children
27with special health care needs.
28(6) The coordination of health services provided for
29children with special health care needs under the program with
30services provided by other publicly funded programs.
31k. Develop options and recommendations to allow children
32eligible for the hawk-i Hawki program to participate in
33qualified employer-sponsored health plans through a premium
34assistance program. The options and recommendations shall
35ensure reasonable alignment between the benefits and costs
-819-1of the hawk-i Hawki program and the employer-sponsored
2health plans consistent with federal law. In addition, the
3board shall implement the premium assistance program options
4described under the federal Children’s Health Insurance Program
5Reauthorization Act of 2009, Pub.L. No.111-3, for the hawk-i
6 Hawki program.
77. The hawk-i Hawki board, in consultation with the
8department of human services, shall adopt rules which address,
9but are not limited to addressing, all of the following:
10a. Implementation and administration of the program.
11b. Qualifying standards for selecting participating insurers
12for the program.
13c. The benefits to be included in a qualified child health
14plan which are those included in a benchmark or benchmark
15equivalent plan and which comply with Tit.XXI of the federal
16Social Security Act. Benefits covered shall include but are
17not limited to all of the following:
18(1) Inpatient hospital services including medical,
19surgical, intensive care unit, mental health, and substance
20abuse use disorder services.
21(2) Nursing care services including skilled nursing
22facility services.
23(3) Outpatient hospital services including emergency room,
24surgery, lab, and x-ray services and other services.
25(4) Physician services, including surgical and medical, and
26including office visits, newborn care, well-baby and well-child
27care, immunizations, urgent care, specialist care, allergy
28testing and treatment, mental health visits, and substance
29abuse use disorder visits.
30(5) Ambulance services.
31(6) Physical therapy.
32(7) Speech therapy.
33(8) Durable medical equipment.
34(9) Home health care.
35(10) Hospice services.
-820- 1(11) Prescription drugs.
2(12) Dental services including preventive services.
3(13) Medically necessary hearing services.
4(14) Vision services including corrective lenses.
5(15) Translation and interpreter services as specified
6pursuant to the federal Children’s Health Insurance Program
7Reauthorization Act of 2009, Pub.L. No.111-3.
8(16) Chiropractic services.
9(17) Occupational therapy.
10d. Presumptive eligibility criteria for the program.
11Beginning January 1, 2010, presumptive eligibility shall be
12provided for eligible children.
13e. The amount of any cost sharing under the program which
14shall be assessed based on family income and which complies
15with federal law.
16f. The reasons for disenrollment including, but not limited
17to, nonpayment of premiums, eligibility for medical assistance
18or other insurance coverage, admission to a public institution,
19relocation from the area, and change in income.
20g. Conflict of interest provisions applicable to
21participating insurers and between public members of the board
22and participating insurers.
23h. Penalties for breach of contract or other violations of
24requirements or provisions under the program.
25i. A mechanism for participating insurers to report any
26rebates received to the department.
27j. The data to be maintained by the department including
28data to be collected for the purposes of quality assurance
29reports.
30k. The use of provider guidelines in assessing the
31well-being of children, which may include the use of the bright
32futures for infants, children, and adolescents program as
33developed by the federal maternal and child health bureau and
34the American academy of pediatrics guidelines for well-child
35care.
-821- 18. a. The hawk-i Hawki board may provide approval to the
2director to contract with participating insurers to provide
3dental-only services. In determining whether to provide
4such approval to the director, the board shall take into
5consideration the impact on the overall program of single
6source contracting for dental services.
7b. The hawk-i Hawki board may provide approval to the
8director to contract with participating insurers to provide
9the supplemental dental-only coverage to otherwise eligible
10children who have private health care coverage as specified in
11the federal Children’s Health Insurance Program Reauthorization
12Act of 2009, Pub.L. No.111-3.
139. The hawk-i Hawki board shall monitor the capacity of
14Medicaid managed care organizations acting pursuant to a
15contract with the department to administer the hawk-i Hawki
16 program to specifically and appropriately address the unique
17needs of children and children’s health delivery.
18 Sec. 1216. Section 514I.8, subsection 2, unnumbered
19paragraph 1, Code 2023, is amended to read as follows:
20A child may participate in the hawk-i Hawki program if the
21child meets all of the following criteria:
22 Sec. 1217. Section 514I.8A, Code 2023, is amended to read
23as follows:
24514I.8A Hawk-i Hawki — all income-eligible children.
25The department shall provide coverage to individuals
26under nineteen years of age who meet the income eligibility
27requirements for the hawk-i Hawki program and for whom federal
28financial participation is or becomes available for the cost
29of such coverage.
30 Sec. 1218. Section 514I.9, subsection 1, Code 2023, is
31amended to read as follows:
321. The hawk-i Hawki board shall review the benefits package
33annually and shall determine additions to or deletions from the
34benefits package offered. The hawk-i Hawki board shall submit
35the recommendations to the general assembly for any amendment
-822-1to the benefits package.
2 Sec. 1219. Section 514I.11, Code 2023, is amended to read
3as follows:
4514I.11 Hawk-i Hawki trust fund.
51. A hawk-i Hawki trust fund is created in the state
6treasury under the authority of the department of human
7services, in which all appropriations and other revenues of the
8program such as grants, contributions, and participant payments
9shall be deposited and used for the purposes of the program.
10The moneys in the fund shall not be considered revenue of the
11state, but rather shall be funds of the program.
122. The trust fund shall be separate from the general fund
13of the state and shall not be considered part of the general
14fund of the state. The moneys in the trust fund are not
15subject to section 8.33 and shall not be transferred, used,
16obligated, appropriated, or otherwise encumbered, except to
17provide for the purposes of this chapter and except as provided
18in subsection 4. Notwithstanding section 12C.7, subsection
192, interest or earnings on moneys deposited in the trust fund
20shall be credited to the trust fund.
213. Moneys in the fund are appropriated to the department and
22shall be used to offset any program costs.
234. The department may transfer moneys appropriated from
24the fund to be used for the purpose of expanding health care
25coverage to children under the medical assistance program.
265. The department shall provide periodic updates to the
27general assembly regarding expenditures from the fund.
28 Sec. 1220. Section 523A.301, Code 2023, is amended to read
29as follows:
30523A.301 Definition.
31As used in sections 523A.302 and 523A.303, “director” means
32the director of health and human services.
33 Sec. 1221. Section 523A.303, subsection 2, paragraph e,
34Code 2023, is amended to read as follows:
35e. A notice in substantially the following form complies
-823-1with this subsection:
2TO: THE DIRECTOR OF HEALTH AND HUMAN SERVICES
3FROM: (SELLER’S NAME, CURRENT ADDRESS, AND TELEPHONE NUMBER)
4You are hereby notified that (name of deceased), who had an
5irrevocable burial trust fund, has died, that final payment
6for cemetery merchandise, funeral merchandise, and funeral
7services has been made, and that (remaining amount) remains in
8the irrevocable burial trust fund.
9The above-named seller must receive a written response
10regarding any claim by the director within sixty days after the
11mailing of this notice to the director.
12If the above-named seller does not receive a written response
13regarding a claim by the director within sixty days after the
14mailing of this notice, the seller may dispose of the remaining
15funds in accordance with section 523A.303, Code of Iowa.
16 Sec. 1222. Section 523A.303, subsection 3, Code 2023, is
17amended to read as follows:
183. Upon receipt of the seller’s written notice, the director
19shall determine if a debt is due the department of health and
20 human services pursuant to section 249A.53. If the director
21determines that a debt is owing, the director shall provide
22a written response to the seller within sixty days after the
23mailing of the seller’s notice. If the director does not
24respond with a claim within the sixty-day period, any claim
25made by the director shall not be enforceable against the
26seller, the trust, or a trustee.
27 Sec. 1223. Section 523I.214, Code 2023, is amended to read
28as follows:
29523I.214 Violations of law — referrals to the Iowa
30 department of public health and human services.
31If the commissioner discovers a violation of a provision
32of this chapter or any other state law or rule concerning the
33disposal or transportation of human remains, the commissioner
34shall forward all evidence in the possession of the
35commissioner concerning such a violation to the Iowa department
-824-1of public health and human services for such proceedings as
2the Iowa department of public health and human services deems
3appropriate.
4 Sec. 1224. Section 523I.701, subsection 6, Code 2023, is
5amended to read as follows:
66. The lawn crypt shall be installed in compliance with any
7applicable law or rule adopted by the Iowa department of public
8 health and human services.
9 Sec. 1225. Section 541A.1, Code 2023, is amended to read as
10follows:
11541A.1 Definitions.
12For the purposes of this chapter, unless the context
13otherwise requires:
141. “Account holder” means an individual who is the owner of
15an individual development account.
162. “Administrator” means the division of community action
17agencies of the department of human rights.
183. 2. “Charitable contributor” means a nonprofit
19association described in section 501(c)(3) of the Internal
20Revenue Code which makes a deposit to an individual development
21account and which is exempt from taxation under section 501(a)
22of the Internal Revenue Code.
233. “Commission” means the commission on community action
24agencies created in section 216A.92A.
254. “Department” means the department of health and human
26services.
275. “Director” means the director of health and human
28services.
294. 6. “Federal poverty level” means the first poverty
30income guidelines published in the calendar year by the United
31States department of health and human services.
325. 7. “Financial institution” means a financial institution
33approved by the administrator director as an investment
34mechanism for individual development accounts.
356. 8. “Household income” means the annual household
-825-1income of an account holder or prospective account holder,
2as determined in accordance with rules adopted by the
3administrator director.
47. 9. “Individual contributor” means an individual who
5makes a deposit to an individual development account and is not
6the account holder or a charitable contributor.
78. 10. “Individual development account” means either of the
8following:
9a. A financial instrument that is certified to have the
10characteristics described in section 541A.2 by the operating
11organization.
12b. A financial instrument that is certified by the
13operating organization to have the characteristics described
14in and funded by a federal individual development account
15program under which federal and state funding contributed to
16match account holder deposits is deposited by an operating
17organization in accordance with federal law and regulations,
18and which includes but is not limited to any of the programs
19implemented under the following federal laws:
20(1) The federal Personal Responsibility and Work
21Opportunity Act of 1996, 42 U.S.C. §604(h).
22(2) The federal Assets for Independence Act, Pub.L. No.
23105-285, Tit.IV.
249. 11. “Operating organization” means an agency selected
25by the administrator department for involvement in operating
26individual development accounts directed to a specific target
27population.
2810. 12. “Source of principal” means any of the sources of
29a deposit to an individual development account under section
30541A.2, subsection 2.
31 Sec. 1226. Section 541A.2, subsection 7, Code 2023, is
32amended to read as follows:
337. Subject to obtaining any necessary federal waivers, the
34department of human services shall not consider moneys in an
35individual development account and any earnings on the moneys
-826-1in determining the eligibility or need of an individual for
2benefits or assistance or the amount of benefits or assistance
3under the family investment program under chapter 239B, the
4promoting independence and self-sufficiency through employment
5job opportunities and basic skills program, or any other
6program administered by the department of human services.
7 Sec. 1227. Section 541A.3, Code 2023, is amended to read as
8follows:
9541A.3 Individual development accounts — state savings match
10and tax provisions.
11All of the following state savings match and tax provisions
12shall apply to an individual development account:
131. a. Payment by the state of a state savings match on
14amounts of up to two thousand dollars that an account holder
15deposits in the account holder’s account.
16b. Moneys transferred to an individual development account
17from another individual development account and a state savings
18match received by the account holder in accordance with this
19section shall not be considered an account holder deposit for
20purposes of determining a state savings match.
21c. Payment of a state savings match either shall be
22made directly to the account holder or to an operating
23organization’s central reserve account for later distribution
24to the account holder in the most appropriate manner as
25determined by the administrator department.
26d. Subject to the limitation in paragraph “a”, the state
27savings match shall be equal to one hundred percent of
28the amount deposited by the account holder. However, the
29administrator department may limit, reduce, delay, or otherwise
30revise state savings match payment provisions as necessary to
31restrict the payments to the funding available.
322. Income earned by an individual development account is
33not subject to state tax, in accordance with the provisions of
34section 422.7, subsection 17.
353. Amounts transferred between individual development
-827-1accounts are not subject to state tax.
24. The administrator department shall coordinate the filing
3of claims for a state savings match authorized under subsection
41, between account holders and operating organizations. Claims
5approved by the administrator department may be paid to each
6account holder, for an aggregate amount for distribution to the
7holders of the accounts in a particular financial institution,
8or to an operating organization’s central reserve account
9for later distribution to the account holders depending on
10the efficiency for issuing the state savings match payments.
11Claims shall be initially filed with the administrator
12 department on or before a date established by the administrator
13 department. Claims approved by the administrator department
14 shall be paid from the individual development account state
15savings match fund.
16 Sec. 1228. Section 541A.5, Code 2023, is amended to read as
17follows:
18541A.5 Rules.
191. The commission on community action agencies created
20in section 216A.92A, in consultation with the department of
21administrative services, shall adopt administrative rules to
22administer this chapter.
232. a. The rules adopted by the commission shall include
24but are not limited to provision for transfer of an individual
25development account to a different financial institution than
26originally approved by the administrator department, if the
27different financial institution has an agreement with the
28account’s operating organization.
29b. The rules for determining household income may provide
30categorical eligibility for prospective account holders who are
31enrolled in programs with income eligibility restrictions that
32are equal to or less than the maximum household income allowed
33for payment of a state match under section 541A.3.
34c. Subject to the availability of funding, the commission
35may adopt rules implementing an individual development account
-828-1program for refugees. Rules shall identify purposes authorized
2for withdrawals to meet the special needs of refugee families.
33. The administrator department shall utilize a request for
4proposals process for selection of operating organizations and
5approval of financial institutions.
6 Sec. 1229. Section 541A.6, Code 2023, is amended to read as
7follows:
8541A.6 Compliance with federal requirements.
9The commission on community action agencies shall adopt
10rules for compliance with federal individual development
11account requirements under the federal Personal Responsibility
12and Work Opportunity Reconciliation Act of 1996, §103, as
13codified in 42 U.S.C. §604(h), under the federal Assets
14for Independence Act, Pub.L. No.105-285, Tit.IV, or with
15any other federal individual development account program
16requirements for drawing federal funding. Any rules adopted
17under this section shall not apply the federal individual
18development account program requirements to an operating
19organization which does not utilize federal funding for the
20accounts with which it is connected or to an account holder who
21does not receive temporary assistance for needy families block
22grant or other federal funding.
23 Sec. 1230. Section 541A.7, Code 2023, is amended to read as
24follows:
25541A.7 Individual development account state match fund.
261. An individual development account state match fund
27is created in the state treasury under the authority of the
28administrator department. Notwithstanding section 8.33,
29moneys appropriated to the fund shall not revert to any other
30fund. Notwithstanding section 12C.7, subsection 2, interest
31or earnings on moneys deposited in the fund shall be credited
32to the fund.
332. Moneys available in the fund for a fiscal year are
34appropriated to the administrator department to be used
35to provide the state match for account holder deposits in
-829-1accordance with section 541A.3. At least eighty-five percent
2of the amount appropriated shall be used for state match
3payments and the remainder may be used for the administrative
4costs of the operating organization. Administrative costs
5include but are not limited to accounting services, curriculum
6costs for financial education or asset-specific training, and
7costs for technical assistance contractors.
8 Sec. 1231. Section 589.26, Code 2023, is amended to read as
9follows:
10589.26 Land transfers by the department of health and human
11services legalized.
12Every deed, release or other instrument in writing
13purporting to transfer any interest in land held or claimed by
14the department of health and human services or a predecessor
15agency, which is signed by a departmental official, and which
16was filed of record more than ten years earlier, in the office
17of the auditor or recorder or clerk of the district court of
18any county is legalized and shall be good and valid in law
19and in equity as fully as if the record expressly showed that
20it in all respects complied with and was fully authorized as
21provided in any statute pertaining to such instrument, any
22other provision of law to the contrary notwithstanding.
23 Sec. 1232. Section 595.4, subsection 1, Code 2023, is
24amended to read as follows:
251. Previous to the issuance of any license to marry, the
26parties desiring the license shall sign and file a verified
27application with the county registrar which application
28either may be mailed to the parties at their request or
29may be signed by them at the office of the county registrar
30in the county in which the license is to be issued. The
31application shall include the social security number of each
32applicant and shall set forth at least one affidavit of some
33competent and disinterested person stating the facts as to
34age and qualification of the parties. Upon the filing of the
35application for a license to marry, the county registrar shall
-830-1file the application in a record kept for that purpose and
2shall take all necessary steps to ensure the confidentiality of
3the social security number of each applicant. All information
4included on an application may be provided as mutually agreed
5upon by the division of records and state registrar of vital
6 statistics and the child support recovery unit services,
7including by automated exchange.
8 Sec. 1233. Section 598.7, subsection 1, Code 2023, is
9amended to read as follows:
101. The district court may, on its own motion or on the
11motion of any party, order the parties to participate in
12mediation in any dissolution of marriage action or other
13domestic relations action. Mediation performed under this
14section shall comply with the provisions of chapter 679C.
15The provisions of this section shall not apply if the action
16involves a child support or medical support obligation enforced
17by the child support recovery unit services. The provisions
18of this section shall not apply to actions which involve elder
19abuse pursuant to chapter 235F or domestic abuse pursuant
20to chapter 236. The provisions of this section shall not
21affect a judicial district’s or court’s authority to order
22settlement conferences pursuant to rules of civil procedure.
23The court shall, on application of a party, grant a waiver
24from any court-ordered mediation under this section if the
25party demonstrates that a history of domestic abuse exists as
26specified in section 598.41, subsection 3, paragraph “j”.
27 Sec. 1234. Section 598.21B, subsection 1, paragraphs c and
28d, Code 2023, are amended to read as follows:
29c. It is the intent of the general assembly that, to the
30extent possible within the requirements of federal law, the
31court and the child support recovery unit services consider the
32individual facts of each judgment or case in the application
33of the guidelines and determine the support obligation
34accordingly. It is also the intent of the general assembly
35that in the supreme court’s review of the guidelines, the
-831-1supreme court shall do both of the following:
2(1) Emphasize the ability of a court to apply the guidelines
3in a just and appropriate manner based upon the individual
4facts of a judgment or case.
5(2) In determining monthly child support payments, consider
6other children for whom either parent is legally responsible
7for support and other child support obligations actually paid
8by either party pursuant to a court or administrative order.
9d. The guidelines prescribed by the supreme court shall
10be used by the department of health and human services in
11determining child support payments under sections 252C.2
12and 252C.4. A variation from the guidelines shall not be
13considered by the department without a record or written
14finding, based on stated reasons, that the guidelines would be
15unjust or inappropriate as determined under criteria prescribed
16by the supreme court.
17 Sec. 1235. Section 598.21B, subsection 2, paragraph e, Code
182023, is amended to read as follows:
19e. Special circumstances justifying variation from
20guidelines. Unless the special circumstances of the case
21justify a deviation, the court or the child support recovery
22unit services shall establish a monthly child support payment
23in accordance with the guidelines for a parent who is nineteen
24years of age or younger, who has not received a high school
25or high school equivalency diploma, and to whom each of the
26following apply:
27(1) The parent is attending a school or program described as
28follows or has been identified as one of the following:
29(a) The parent is in full-time attendance at an accredited
30school and is pursuing a course of study leading to a high
31school diploma.
32(b) The parent is attending an instructional program
33leading to a high school equivalency diploma.
34(c) The parent is attending a career and technical education
35program approved pursuant to chapter 258.
-832- 1(d) The parent has been identified by the director of
2special education of the area education agency as a child
3requiring special education as defined in section 256B.2.
4(2) The parent provides proof of compliance with the
5requirements of subparagraph (1) to the child support recovery
6unit services, if the unit child support services is providing
7services under chapter 252B, or if the unit child support
8services is not providing services pursuant to chapter 252B, to
9the court as the court may direct. Failure to provide proof of
10compliance under this subparagraph or proof of compliance under
11section 598.21G is grounds for modification of the support
12order using the uniform child support guidelines and imputing
13an income to the parent equal to a forty-hour workweek at the
14state minimum wage, unless the parent’s education, experience,
15or actual earnings justify a higher income.
16 Sec. 1236. Section 598.21C, subsection 2, paragraph b, Code
172023, is amended to read as follows:
18b. This basis for modification is applicable to petitions
19filed on or after July 1, 1992, notwithstanding whether
20the guidelines prescribed by section 598.21B were used in
21establishing the current amount of support. Upon application
22for a modification of an order for child support for which
23services are being received pursuant to chapter 252B, the
24court shall set the amount of child support based upon the
25most current child support guidelines established pursuant
26to section 598.21B, including provisions for medical support
27pursuant to chapter 252E.The child Child support recovery
28unit services shall, in submitting an application for
29modification, adjustment, or alteration of an order for
30support, employ additional criteria and procedures as provided
31in chapter 252H and as established by rule.
32 Sec. 1237. Section 598.21C, subsections 3, 5, and 7, Code
332023, are amended to read as follows:
343. Applicable law. Unless otherwise provided pursuant to
3528 U.S.C. §1738B, a modification of a support order entered
-833-1under chapter 234, 252A, 252C, 600B, this chapter, or any
2other support chapter or proceeding between parties to the
3order is void unless the modification is approved by the
4court, after proper notice and opportunity to be heard is
5given to all parties to the order, and entered as an order
6of the court. If support payments have been assigned to the
7department of health and human services pursuant to section
8234.39, 239B.6, or 252E.11, or if services are being provided
9pursuant to chapter 252B, the department is a party to the
10support order. Modifications of orders pertaining to child
11custody shall be made pursuant to chapter 598B. If the petition
12for a modification of an order pertaining to child custody asks
13either for joint custody or that joint custody be modified to
14an award of sole custody, the modification, if any, shall be
15made pursuant to section 598.41.
165. Retroactivity of modification. Judgments for child
17support or child support awards entered pursuant to this
18chapter, chapter 234, 252A, 252C, 252F, 600B, or any other
19chapter of the Code which are subject to a modification
20proceeding may be retroactively modified only from three
21months after the date the notice of the pending petition for
22modification is served on the opposing party. The three-month
23limitation applies to a modification action pending on or after
24July 1, 1997. The prohibition of retroactive modification does
25not bar the child support recovery unit services from obtaining
26orders for accrued support for previous time periods. Any
27retroactive modification which increases the amount of child
28support or any order for accrued support under this subsection
29shall include a periodic payment plan. A retroactive
30modification shall not be regarded as a delinquency unless
31there are subsequent failures to make payments in accordance
32with the periodic payment plan.
337. Modification by child support recovery unit
34 services. Notwithstanding any other provision of law to the
35contrary, when an application for modification or adjustment
-834-1of support is submitted by the child support recovery unit
2 services, the sole issues which may be considered by the
3court in that action are the application of the guidelines
4in establishing the amount of support pursuant to section
5598.21B, and provision for medical support under chapter
6252E. When an application for a cost-of-living alteration
7of support is submitted by the child support recovery unit
8 services pursuant to section 252H.24, the sole issue which may
9be considered by the court in the action is the application of
10the cost-of-living alteration in establishing the amount of
11child support. Issues related to custody, visitation, or other
12provisions unrelated to support shall be considered only under
13a separate application for modification.
14 Sec. 1238. Section 598.21G, Code 2023, is amended to read
15as follows:
16598.21G Minor parent — parenting classes.
17In any order or judgment entered under this chapter or
18chapter 234, 252A, 252C, 252F, or 600B, or under any other
19chapter which provides for temporary or permanent support
20payments, if the parent ordered to pay support is less than
21eighteen years of age, one of the following shall apply:
221. If the child support recovery unit services is
23providing services pursuant to chapter 252B, the court, or
24the administrator as defined in section 252C.1, department of
25health and human services shall order the parent ordered to pay
26support to attend parenting classes which are approved by the
27department of health and human services.
282. If the child support recovery unit services is not
29providing services pursuant to chapter 252B, the court may
30order the parent ordered to pay support to attend parenting
31classes which are approved by the court.
32 Sec. 1239. Section 598.22A, subsection 4, Code 2023, is
33amended to read as follows:
344. Payment of accrued support debt due the department of
35health and human services shall be credited pursuant to section
-835-1252B.3, subsection 5.
2 Sec. 1240. Section 598.22B, Code 2023, is amended to read
3as follows:
4598.22B Information required in order or judgment.
5This section applies to all initial or modified orders
6for paternity or support entered under this chapter, chapter
7234, 252A, 252C, 252F, 252H, 252K, or 600B, or under any other
8chapter, and any subsequent order to enforce such support
9orders.
101. All such orders or judgments shall direct each party
11to file with the clerk of court or the child support recovery
12unit services, as appropriate, upon entry of the order, and to
13update as appropriate, information on location and identity of
14the party, including social security number, residential and
15mailing addresses, electronic mail address, telephone number,
16driver’s license number, and name, address, and telephone
17number of the party’s employer. The order shall also include a
18provision that the information filed will be disclosed and used
19pursuant to this section. The party shall file the information
20with the clerk of court, or, if all support payments are to
21be directed to the collection services center as provided in
22section 252B.14, subsection 2, and section 252B.16, with the
23 child support recovery unit services.
242. All such orders or judgments shall include a statement
25that in any subsequent child support action initiated by the
26 child support recovery unit services or between the parties,
27upon sufficient showing that diligent effort has been made to
28ascertain the location of such a party, the unit child support
29services or the court shall deem due process requirements for
30notice and service of process to be met with respect to the
31party, upon delivery of written notice to the most recent
32residential or employer address filed with the clerk of court
33or unit child support services pursuant to subsection 1.
343. a. Information filed pursuant to subsection 1 shall not
35be a public record.
-836- 1b. Information filed with the clerk of court pursuant
2to subsection 1 shall be available to the child support
3recovery unit services, upon request. Beginning October 1,
41998, information filed with the clerk of court pursuant to
5subsection 1 shall be provided by the clerk of court to the
6 child support recovery unit services pursuant to section
7252B.24.
8c. Information filed with the clerk of court shall be
9available, upon request, to a party unless the party filing
10the information also files an affidavit alleging the party has
11reason to believe that release of the information may result in
12physical or emotional harm to the affiant or child. However,
13even if an affidavit has been filed, any information provided
14by the clerk of court to the child support recovery unit
15 services shall be disclosed by the unit child support services
16 as provided in section 252B.9.
17d. Information provided to the unit child support services
18 shall only be disclosed as provided in section 252B.9.
19 Sec. 1241. Section 598.23A, subsection 2, paragraph b,
20subparagraph (2), unnumbered paragraph 1, Code 2023, is amended
21to read as follows:
22The contemnor shall keep a record of and provide the
23following information to the court at the court’s request, or
24to the child support recovery unit established pursuant to
25chapter 252B services created in section 252B.2, at the unit’s
26 request of child support services, when the unit child support
27services is providing enforcement services pursuant to chapter
28252B:
29 Sec. 1242. Section 598.23A, subsection 2, paragraph c,
30subparagraph (3), Code 2023, is amended to read as follows:
31(3) The court order under this paragraph shall be vacated
32only after verification is provided to the court that the
33contemnor has satisfied all accrued obligations owing and that
34the contemnor has satisfied all terms established by the court
35and when the person entitled to receive support payments, or
-837-1the child support recovery unit services when the unit child
2support services is providing enforcement services pursuant
3to chapter 252B, has been provided ten days’ notice and an
4opportunity to object.
5 Sec. 1243. Section 598.26, subsection 1, Code 2023, is
6amended to read as follows:
71. Until a decree of dissolution has been entered, the
8record and evidence shall be closed to all but the court,
9its officers, and the child support recovery unit services
10 of the department of health and human services pursuant to
11section 252B.9. However, the payment records of a temporary
12support order maintained by the clerk of the district court
13are public records and may be released upon request. Payment
14records shall not include address or location information. No
15other person shall permit a copy of any of the testimony, or
16pleading, or the substance of any testimony or pleading, to be
17made available to any person other than a party to the action
18or a party’s attorney. Nothing in this subsection shall be
19construed to prohibit publication of the original notice as
20provided by the rules of civil procedure.
21 Sec. 1244. Section 598.34, subsection 1, unnumbered
22paragraph 1, Code 2023, is amended to read as follows:
23If public assistance is provided by the department of
24health and human services to or on behalf of a dependent child
25or a dependent child’s caretaker, there is an assignment by
26operation of law to the department of any and all rights in,
27title to, and interest in any support obligation, payment, and
28arrearages owed to or for the child or caretaker not to exceed
29the amount of public assistance paid for or on behalf of the
30child or caretaker as follows:
31 Sec. 1245. Section 598.34, subsection 3, Code 2023, is
32amended to read as follows:
333. The clerk shall furnish the department with copies
34of all orders or decrees and temporary or domestic abuse
35orders addressing support when the parties are receiving
-838-1public assistance or services are otherwise provided by the
2 child support recovery unit services pursuant to chapter
3252B.Unless otherwise specified in the order, an equal and
4proportionate share of any child support awarded shall be
5presumed to be payable on behalf of each child subject to the
6order or judgment for purposes of an assignment under this
7section.
8 Sec. 1246. Section 600.2, Code 2023, is amended to read as
9follows:
10600.2 Definitions.
111. “Child”, “parent”, “parent-child relationship”,
12“termination of parental rights”, “biological parent”,
13“stepparent”, “guardian”, “custodian”, “guardian ad litem”,
14“minor”, “adoption service provider”, “certified adoption
15investigator”, “adult”, “agency”, “department”, “court”, and
16“juvenile court” “Adoption service provider”, “adult”, “agency”,
17“biological parent”, “certified adoption investigator”, “child”,
18“court”, “custodian”, “department”, “guardian”, “guardian ad
19litem”, “juvenile court”, “minor”, “parent”, “parent-child
20relationship”, “stepparent”, and “termination of parental rights”
21 mean the same as defined in section 600A.2.
222. “Investigator” means a natural person who is certified or
23approved by the department of human services, after inspection
24by the department of inspections and appeals, as being capable
25of conducting an investigation under section 600.8.
26 Sec. 1247. Section 600.7A, Code 2023, is amended to read as
27follows:
28600.7A Adoption services provided by or through the
29 department of human services — selection of adoptive parent
30criteria.
31The department of human services shall adopt rules which
32provide that if adoption services are provided by or through
33the department, notwithstanding any other selection of
34adoptive parent criteria, the overriding criterion shall be a
35preference for placing a child in a stable home environment as
-839-1expeditiously as possible.
2 Sec. 1248. Section 600.8, subsection 2, paragraph c, Code
32023, is amended to read as follows:
4c. If the person making the investigation does not approve
5a prospective adoption petitioner under paragraph “a” of this
6subsection, the person investigated may appeal the disapproval
7as a contested case to the director of health and human
8services. Judicial review of any adverse decision by the
9director may be sought pursuant to chapter 17A.
10 Sec. 1249. Section 600.16A, subsection 5, Code 2023, is
11amended to read as follows:
125. Notwithstanding subsection 2, a termination of parental
13rights order issued pursuant to this chapter, section 600A.9,
14or any other chapter shall be disclosed to the child support
15recovery unit services, upon request, without court order.
16 Sec. 1250. Section 600.16B, Code 2023, is amended to read
17as follows:
18600.16B Fees.
19The supreme court shall prescribe and the department of
20human services shall adopt rules, to defray the actual cost of
21the provision of information or the opening of records pursuant
22to section 600.16 or 600.16A.
23 Sec. 1251. Section 600.17, unnumbered paragraph 1, Code
242023, is amended to read as follows:
25The department of human services shall, within the limits of
26funds appropriated to the department of human services and any
27gifts or grants received by the department for this purpose,
28provide financial assistance to any person who adopts a child
29with physical or mental disabilities or an older or otherwise
30hard-to-place child, if the adoptive parent has the capability
31of providing a suitable home for the child but the need for
32special services or the costs of maintenance are beyond the
33economic resources of the adoptive parent.
34 Sec. 1252. Section 600.17, subsection 3, Code 2023, is
35amended to read as follows:
-840- 13. The department of human services shall make adoption
2presubsidy and adoption subsidy payments to adoptive parents at
3the beginning of the month for the current month.
4 Sec. 1253. Section 600.18, Code 2023, is amended to read as
5follows:
6600.18 Determination of assistance.
71. Any prospective adoptive parent desiring financial
8assistance shall state this fact in the petition for adoption.
9The department of human services shall investigate the person
10petitioning for adoption and the child and shall file with the
11juvenile court or court a statement of whether the department
12will provide assistance as provided in section 600.17, this
13section, and sections 600.19 through 600.22, the estimated
14amount, extent, and duration of assistance, and any other
15information the juvenile court or court may order.
162. If the department of human services is unable to
17determine that an insurance policy will cover the costs of
18special services, it shall proceed as if no policy existed, for
19the purpose of determining eligibility to receive assistance.
20The department shall, to the amount of financial assistance
21given, be subrogated to the rights of the adoptive parent in
22the insurance contract.
23 Sec. 1254. Section 600.22, Code 2023, is amended to read as
24follows:
25600.22 Rules.
26The department of human services shall adopt rules in
27accordance with the provisions of chapter 17A, which are
28necessary for the administration of sections 600.17 through
29600.21 and 600.23.
30 Sec. 1255. Section 600.23, subsection 1, Code 2023, is
31amended to read as follows:
321. Purpose. The department of human services may enter
33into interstate agreements with state agencies of other states
34for the protection of children on behalf of whom adoption
35subsidy is being provided by the department of human services
-841-1 and to provide procedures for interstate children’s adoption
2assistance payments, including medical payments.
3 Sec. 1256. Section 600.23, subsection 2, paragraphs a and b,
4Code 2023, are amended to read as follows:
5a. The Iowa department of human services may enter into
6interstate agreements with state agencies of other states for
7the provision of medical services to adoptive families who
8participate in the subsidized adoption or adoption assistance
9program.
10b. The Iowa department of human services may develop,
11participate in the development of, negotiate, and enter into
12one or more interstate compacts on behalf of this state with
13other states to implement one or more of the purposes set forth
14in this section. When so entered into, and for so long as it
15shall remain in force, such a compact shall have the force and
16effect of law.
17 Sec. 1257. Section 600.23, subsection 4, paragraphs a, b,
18and c, Code 2023, are amended to read as follows:
19a. A child with special needs residing in this state who is
20the subject of an adoption assistance agreement with another
21state shall be entitled to receive a medical assistance card
22from this state upon the filing of a certified copy of the
23adoption assistance agreement obtained from the adoption
24assistance state. In accordance with regulations of the Iowa
25 department of human services, the adoptive parents shall be
26required at least annually to show that the agreement is still
27in force or has been renewed.
28b. The Iowa department of human services shall consider the
29holder of a medical assistance card pursuant to this section as
30any other holder of a medical assistance card under the laws
31of this state and shall process and make payment on claims
32on account of such holder in the same manner and pursuant to
33the same conditions and procedures as for other recipients of
34medical assistance.
35c. The Iowa department of human services shall provide
-842-1coverage and benefits for a child who is in another state and
2who is covered by an adoption subsidy agreement made prior
3to July 1, 1987, by the Iowa department of human services
4 for the coverage or benefits, if any, not provided by the
5residence state. The adoptive parents acting for the child may
6submit evidence of payment for services or benefit amounts not
7payable in the residence state and shall be reimbursed for such
8expense. However, reimbursement shall not be made for services
9or benefit amounts covered under any insurance or other third
10party medical contract or arrangement held by the child or the
11adoptive parents. The additional coverages and benefit amounts
12provided pursuant to this subsection shall be for services to
13the cost of which there is no federal contribution, or which,
14if federally aided, are not provided by the residence state.
15Such regulations shall include procedures to be followed in
16obtaining prior approvals for services in those instances where
17required for the assistance.
18 Sec. 1258. Section 600A.2, subsections 5 and 9, Code 2023,
19are amended to read as follows:
205. “Certified adoption investigator” means a person who is
21certified and approved by the department of human services,
22after inspection by the department of inspections and appeals,
23as being capable of conducting an investigation under section
24600.8.
259. “Department” means the state department of health and
26 human services or its subdivisions.
27 Sec. 1259. Section 600A.4, subsection 2, paragraph d,
28subparagraph (2), Code 2023, is amended to read as follows:
29(2) If accepted, the counseling shall be provided after
30the birth of the child and prior to the signing of a release
31of custody or the filing of a petition for termination of
32parental rights as applicable. Counseling shall be provided
33only by a person who is qualified under rules adopted by the
34department of human services which shall include a requirement
35that the person complete a minimum number of hours of training
-843-1in the area of adoption-related counseling approved by the
2department. If counseling is accepted, the counselor shall
3provide an affidavit, which shall be attached to the release of
4custody, when practicable, certifying that the counselor has
5provided the biological parent with the requested counseling
6and documentation that the person is qualified to provide the
7requested counseling as prescribed by this paragraph “d”. The
8requirements of this paragraph “d” do not apply to a release
9of custody which is executed for the purposes of a stepparent
10adoption.
11 Sec. 1260. Section 600A.8, subsection 8, paragraph a, Code
122023, is amended to read as follows:
13a. The parent has been determined to be a person with a
14substance-related substance use disorder as defined in section
15125.2 and the parent has committed a second or subsequent
16domestic abuse assault pursuant to section 708.2A.
17 Sec. 1261. Section 600B.38, subsections 1 and 3, Code 2023,
18are amended to read as follows:
191. If public assistance is provided by the department of
20health and human services to or on behalf of a dependent child
21or a dependent child’s caretaker, there is an assignment by
22operation of law to the department of any and all rights in,
23title to, and interest in any support obligation, payment, and
24arrearages owed to or on behalf of the child or caretaker, not
25to exceed the amount of public assistance paid for or on behalf
26of the child or caretaker as follows:
27a. For family investment program assistance, section 239B.6
28shall apply.
29b. For foster care services, section 234.39 shall apply.
30c. For medical assistance, section 252E.11 shall apply.
313. The clerk shall furnish the department with copies of
32all orders or decrees and temporary or domestic abuse orders
33addressing support when the parties are receiving public
34assistance or services are otherwise provided by the child
35support recovery unit services. Unless otherwise specified
-844-1in the order, an equal and proportionate share of any child
2support awarded shall be presumed to be payable on behalf of
3each child subject to the order or judgment for purposes of an
4assignment under this section.
5 Sec. 1262. Section 600B.41A, subsection 3, paragraph c,
6subparagraph (1), Code 2023, is amended to read as follows:
7(1) If enforcement services are being provided by the
8 child support recovery unit services pursuant to chapter 252B,
9notice shall also be served on the child support recovery unit
10 services.
11 Sec. 1263. Section 600B.41A, subsection 11, Code 2023, is
12amended to read as follows:
1311. Participation of the child support recovery unit
14 services created in section 252B.2 in an action brought under
15this section shall be limited as follows:
16a. The unit Child support services shall only participate
17in actions if services are being provided by the unit child
18support services pursuant to chapter 252B.
19b. When services are being provided by the unit child
20support services under chapter 252B, the unit child support
21services may enter an administrative order for blood and
22genetic tests pursuant to chapter 252F.
23c. The unit Child support services is not responsible for or
24required to provide for or assist in obtaining blood or genetic
25tests in any case in which services are not being provided by
26the unit child support services.
27d. The unit Child support services is not responsible for
28the costs of blood or genetic testing conducted pursuant to an
29action brought under this section.
30e. Pursuant to section 252B.7, subsection 4, an attorney
31employed by the unit child support services represents the
32state in any action under this section. The unit’s Child
33support services’ attorney is not the legal representative of
34the mother, the established father, or the child in any action
35brought under this section.
-845-1 Sec. 1264. Section 600C.1, subsection 3, paragraph c,
2subparagraph (2), subparagraph division (f), Code 2023, is
3amended to read as follows:
4(f) Drug abuse Substance use disorder.
5 Sec. 1265. Section 602.4201, subsection 3, paragraph h,
6Code 2023, is amended to read as follows:
7h. Involuntary commitment or treatment of persons with
8substance-related disorders a substance use disorder.
9 Sec. 1266. Section 602.6111, subsection 2, Code 2023, is
10amended to read as follows:
112. Any party, except the child support recovery unit
12 services, filing a petition, complaint, answer, appearance,
13first motion, or any document with the clerk of the district
14court to establish or modify an order for child support
15under chapter 236, 252A, 252K, 598, or 600B shall provide the
16clerk of the district court with the date of birth and social
17security number of the child.
18 Sec. 1267. Section 602.6405, subsection 2, paragraph b,
19Code 2023, is amended to read as follows:
20b. Magistrates shall forward copies of citations issued
21for violations of section 453A.2, subsection 2, and of their
22dispositions to the clerk of the district court. The clerk of
23the district court shall maintain records of citations issued
24and the dispositions of citations, and shall forward a copy of
25the records to the Iowa department of public health and human
26services.
27 Sec. 1268. Section 602.8102, subsections 33, 43, and 47,
28Code 2023, are amended to read as follows:
2933. Furnish to the Iowa department of public health and
30human services a certified copy of a judgment relating to the
31suspension or revocation of a professional license.
3243. Submit to the director of the division of child and
33family services of the department of health and human services
34a duplicate of the findings of the court related to adoptions
35as provided in section 235.3, subsection 7.
-846- 147. Record support payments made pursuant to an order
2entered under chapter 252A, 252F, 598, or 600B, or under a
3comparable statute of another state or foreign country as
4defined in chapter 252K, and through setoff of a state or
5federal income tax refund or rebate, as if the payments were
6received and disbursed by the clerk; forward support payments
7received under section 252A.6 to the department of health
8and human services and furnish copies of orders and decrees
9awarding support to parties receiving welfare public assistance
10as provided in section 252A.13.
11 Sec. 1269. Section 602.8103, subsection 4, paragraph j,
12Code 2023, is amended to read as follows:
13j. Court reporters’ notes and certified transcripts of
14those notes in mental health hearings under section 229.12 and
15substance abuse use disorder hearings under section 125.82,
16ninety days after the respondent has been discharged from
17involuntary custody.
18 Sec. 1270. Section 602.8108, subsection 3, Code 2023, is
19amended to read as follows:
203. The clerk of the district court shall remit to the
21state court administrator, not later than the fifteenth day of
22each month, all moneys collected from the surcharge provided
23in section 911.1 during the preceding calendar month. The
24state court administrator shall allocate and deposit each
25month forty-six percent in the juvenile detention home fund in
26section 232.142, thirty-two percent in the victim compensation
27fund established in section 915.94, twenty percent in the
28criminalistics laboratory fund established in section 691.9,
29and two percent in the drug abuse resistance substance use
30disorder education fund established in section 80E.4.
31 Sec. 1271. Section 613.17, subsection 2, paragraph b, Code
322023, is amended to read as follows:
33b. A person or entity that owns, manages, or is otherwise
34responsible for the premises on which an automated external
35defibrillator is located if the person or entity maintains the
-847-1automated external defibrillator in a condition for immediate
2and effective use at all times, subject to standards developed
3by the department of public health and human services by rule.
4 Sec. 1272. Section 622.10, subsection 6, paragraph a, Code
52023, is amended to read as follows:
6a. The fee charged for the cost of producing the requested
7records or images shall be based upon the actual cost
8of production. If the written request and accompanying
9patient’s waiver, if required, authorizes the release of
10all of the patient’s records for the requested time period,
11including records relating to the patient’s mental health,
12substance abuse use disorder, and acquired immune deficiency
13syndrome-related conditions, the amount charged shall not
14exceed the rates established by the workers’ compensation
15commissioner for copies of records in workers’ compensation
16cases. If requested, the provider shall include an affidavit
17certifying that the records or images produced are true and
18accurate copies of the originals for an additional fee not to
19exceed ten dollars.
20 Sec. 1273. Section 622A.7, Code 2023, is amended to read as
21follows:
22622A.7 Rules.
23The supreme court, after consultation with the department
24of health and human rights services and other appropriate
25departments, shall adopt rules governing the qualifications and
26compensation of interpreters or translators appearing in legal
27proceedings under this chapter. However, an administrative
28agency which is subject to chapter 17A may adopt rules
29differing from those of the supreme court governing the
30qualifications and compensation of interpreters or translators
31appearing in proceedings before that agency.
32 Sec. 1274. Section 622B.1, subsection 2, Code 2023, is
33amended to read as follows:
342. The supreme court, after consultation with the
35department of health and human rights services, shall adopt
-848-1rules governing the qualifications and compensation of sign
2language interpreters appearing in a legal proceeding or before
3an administrative agency under this chapter. However, an
4administrative agency which is subject to chapter 17A may adopt
5rules differing from those of the supreme court governing the
6qualifications and compensation of sign language interpreters
7appearing in proceedings before that agency.
8 Sec. 1275. Section 622B.4, Code 2023, is amended to read as
9follows:
10622B.4 List.
11The office of deaf services of the department of health
12and human rights services shall prepare and continually
13update a listing of qualified and available sign language
14interpreters. The courts and administrative agencies shall
15maintain a directory of qualified interpreters for deaf and
16hard-of-hearing persons as furnished by the department of
17health and human rights services. The office of deaf services
18of the department of health and human services shall maintain
19a list of sign language interpreters which shall be made
20available to a court, administrative agency, or interested
21parties to an action using the services of a sign language
22interpreter.
23 Sec. 1276. Section 626.29, Code 2023, is amended to read as
24follows:
25626.29 Distress warrant by director of revenue, director of
26inspections and appeals, or director of workforce development.
27In the service of a distress warrant issued by the director
28of revenue for the collection of taxes administered by or debts
29to be collected by the department of revenue, in the service of
30a distress warrant issued by the director of inspections and
31appeals for the collection of overpayment debts owed to the
32department of health and human services, or in the service of a
33distress warrant issued by the director of the department of
34workforce development for the collection of employment security
35contributions, the property of the taxpayer or the employer in
-849-1the possession of another, or debts due the taxpayer or the
2employer, may be reached by garnishment.
3 Sec. 1277. Section 633.231, Code 2023, is amended to read
4as follows:
5633.231 Notice in intestate estates — medical assistance
6claims.
71. Upon opening administration of an intestate estate,
8the administrator shall, in accordance with section 633.410,
9provide by electronic transmission on a form approved by
10the department of health and human services to the entity
11designated by the department of health and human services,
12a notice of opening administration of the estate and of
13the appointment of the administrator, which shall include a
14notice to file claims with the clerk or to provide electronic
15notification to the administrator that the department has no
16claim within six months from the date of sending this notice,
17or thereafter be forever barred.
182. The notice shall be in substantially the following form:
19In the District Court of Iowa
20in and for ..... County.
21In the Estate ofProbate No.....
22....., Deceased
23NOTICE OF OPENING
24ADMINISTRATION OF
25ESTATE, OF APPOINTMENT OF
26ADMINISTRATOR, AND
27NOTICE TO CREDITOR
28To the Department of Health and Human Services Who May Be
29Interested in the Estate of ....., Deceased, who died on or
30about ...... (date):
31You are hereby notified that on the .. day of ... (month),
32... (year), an intestate estate was opened in the above-named
33court and that ..... was appointed administrator of the
34estate.
35You are further notified that the birthdate of the
-850-1deceased is ... and the deceased’s social security number
2is ...-...-.... The name of the spouse is ......... The
3birthdate of the spouse is ... and the spouse’s social
4security number is ...-...-...., and that the spouse of the
5deceased is alive as of the date of this notice, or deceased as
6of ...... (date).
7You are further notified that the deceased was/was not a
8disabled or a blind child of the medical assistance recipient
9by the name of ....., who had a birthdate of ... and a social
10security number of ...-...-...., and the medical assistance
11debt of that medical assistance recipient was waived pursuant
12to section 249A.53, subsection 2, paragraph “a”, subparagraph
13(1), and is now collectible from this estate pursuant to
14section 249A.53, subsection 2, paragraph “b”.
15Notice is hereby given that if the department of health
16and human services has a claim against the estate for the
17deceased person or persons named in this notice, the claim
18shall be filed with the clerk of the above-named district
19court, as provided by law, duly authenticated, for allowance,
20within six months from the date of sending this notice and,
21unless otherwise allowed or paid, the claim is thereafter
22forever barred. If the department does not have a claim, the
23department shall return the notice to the administrator with
24notification stating the department does not have a claim
25within six months from the date of sending this notice.
26Dated this .. day of ... (month), ... (year)
27....................
28Administrator of the estate
29....................
30Address
31....................
32Attorney for the administrator
33....................
34Address
35 Sec. 1278. Section 633.304A, Code 2023, is amended to read
-851-1as follows:
2633.304A Notice of probate of will — medical assistance
3claims.
41. On admission of a will to probate, the executor shall,
5in accordance with section 633.410, provide by electronic
6transmission on a form approved by the department of health and
7 human services to the entity designated by the department of
8health and human services, a notice of admission of the will
9to probate and of the appointment of the executor, which shall
10include a notice to file claims with the clerk or to provide
11electronic notification to the executor that the department
12has no claim within six months of sending this notice, or
13thereafter be forever barred.
142. The notice shall be in substantially the following form:
15In the District Court of Iowa
16in and for ..... County.
17Probate No. ....
18In the Estate ofNOTICE OF PROBATE OF WILL,
19....., DeceasedOF APPOINTMENT OF
20EXECUTOR, AND
21NOTICE TO CREDITORS
22To the Department of Health and Human Services, Who May Be
23Interested in the Estate of ....., Deceased, who died on or
24about ...... (date):
25You are hereby notified that on the .. day of ...(month),
26...(year), the last will and testament of ......, deceased,
27bearing date of the .. day of ... (month), ... (year) was
28admitted to probate in the above-named court and that ......
29was appointed executor of the estate.
30You are further notified that the birthdate of the
31deceased is ... and the deceased’s social security number is
32...-...-.... The name of the spouse is ...... The birthdate
33of the spouse is ... and the spouse’s social security number
34is ...-...-...., and that the spouse of the deceased is alive
35as of the date of this notice, or deceased as of ..... (date).
-852- 1You are further notified that the deceased was/was not a
2disabled or a blind child of the medical assistance recipient
3by the name of ......, who had a birthdate of .... and a social
4security number of ...-...-...., and the medical assistance
5debt of that medical assistance recipient was waived pursuant
6to section 249A.53, subsection 2, paragraph “a”, subparagraph
7(1), and is now collectible from this estate pursuant to
8section 249A.53, subsection 2, paragraph “b”.
9Notice is hereby given that if the department of health
10and human services has a claim against the estate for the
11deceased person or persons named in this notice, the claim
12shall be filed with the clerk of the above-named district
13court, as provided by law, duly authenticated, for allowance
14within six months from the date of sending this notice and,
15unless otherwise allowed or paid, the claim is thereafter
16forever barred. If the department does not have a claim,
17the department shall return the notice to the executor with
18notification that the department does not have a claim within
19six months from the date of sending this notice.
20Dated this .. day of ... (month), ... (year)
21......
22Executor of estate
23........
24Address
25......
26Attorney for executor
27........
28Address
29 Sec. 1279. Section 633.336, Code 2023, is amended to read
30as follows:
31633.336 Damages for wrongful death.
32When a wrongful act produces death, damages recovered as a
33result of the wrongful act shall be disposed of as personal
34property belonging to the estate of the deceased; however, if
35the damages include damages for loss of services and support
-853-1of a deceased spouse, parent, or child, the damages shall be
2apportioned by the court among the surviving spouse, children,
3and parents of the decedent in a manner as the court may deem
4equitable consistent with the loss of services and support
5sustained by the surviving spouse, children, and parents
6respectively. Any recovery by a parent for the death of a
7child shall be subordinate to the recovery, if any, of the
8spouse or a child of the decedent. If the decedent leaves
9a spouse, child, or parent, damages for wrongful death shall
10not be subject to debts and charges of the decedent’s estate,
11except for amounts to be paid to the department of health
12and human services for payments made for medical assistance
13pursuant to chapter 249A, paid on behalf of the decedent from
14the time of the injury which gives rise to the decedent’s death
15up until the date of the decedent’s death.
16 Sec. 1280. Section 633.356, subsection 3, paragraph a,
17subparagraph (9), Code 2023, is amended to read as follows:
18(9) That no debt is owed to the department of health and
19 human services for reimbursement of Medicaid benefits; or if
20debt is owed, that the debt will be paid to the extent of funds
21received pursuant to the affidavit.
22 Sec. 1281. Section 633.356, subsection 8, paragraph b, Code
232023, is amended to read as follows:
24b. When the department of health and human services is
25entitled to money or property of a decedent pursuant to section
26249A.53, subsection 2, and no affidavit has been presented by
27a successor as defined in subsection 2, paragraph “a” or “b”,
28within ninety days of the date of the decedent’s death, the
29funds in the account or other property, up to the amount of
30the claim of the department, shall be paid to the department
31upon presentation by the department or an entity designated by
32the department of an affidavit to the holder of the decedent’s
33property. Such affidavit shall include the information
34specified in subsection 3, except that the department may
35submit proof of payment of funeral expenses as verification
-854-1of the decedent’s death instead of a certified copy of the
2decedent’s death certificate. The amount of the department’s
3claim shall also be included in the affidavit, which shall
4entitle the department to receive the funds as a successor.
5The department shall issue a refund within sixty days to any
6claimant with a superior priority pursuant to section 633.425,
7if notice of such claim is given to the department, or to the
8entity designated by the department to receive notice, within
9one year of the department’s receipt of funds. This paragraph
10shall apply to funds or property of the decedent transferred
11to the custody of the treasurer of state as unclaimed property
12pursuant to chapter 556.
13 Sec. 1282. Section 633.410, subsection 2, Code 2023, is
14amended to read as follows:
152. Notwithstanding subsection 1, claims for debts created
16under section 249A.53, subsection 2, relating to the recovery
17of medical assistance payments shall be barred under this
18section unless filed with the clerk within six months after
19sending notice by electronic transmission, on the form
20prescribed in section 633.231 for intestate estates or on the
21form prescribed in section 633.304A for testate estates, to
22the entity designated by the department of health and human
23services to receive notice.
24 Sec. 1283. Section 633.564, subsection 3, Code 2023, is
25amended to read as follows:
263. The judicial branch, in conjunction with the department
27of public safety, the department of health and human services,
28and the state chief information officer, shall establish
29procedures for electronic access to the single contact
30repository established pursuant to section 135C.33 necessary to
31conduct background checks requested under subsection 1.
32 Sec. 1284. Section 633.641, subsection 4, Code 2023, is
33amended to read as follows:
344. The conservator shall report to the department of health
35and human services the protected person’s assets and income,
-855-1if the protected person is receiving medical assistance under
2chapter 249A. Such reports shall be made upon establishment of
3a conservatorship for an individual applying for or receiving
4medical assistance, upon application for benefits on behalf
5of the protected person, upon annual or semiannual review of
6continued medical assistance eligibility, when any significant
7change in the protected person’s assets or income occurs, or
8as otherwise requested by the department of health and human
9services. Written reports shall be provided to the department
10of health and human services office for the county in which the
11protected person resides or the office in which the protected
12person’s medical assistance is administered.
13 Sec. 1285. Section 633B.120, subsection 2, paragraph f,
14Code 2023, is amended to read as follows:
15f. The person makes, or has actual knowledge that another
16person has made, a report to the department of health and human
17services stating a good-faith belief that the principal may be
18subject to physical or financial abuse, neglect, exploitation,
19or abandonment by the agent or a person acting for or with the
20agent.
21 Sec. 1286. Section 633C.1, Code 2023, is amended to read as
22follows:
23633C.1 Definitions.
24For purposes of this chapter, unless the context otherwise
25requires:
261. “Available monthly income” means in reference to a
27medical assistance income trust beneficiary, any income
28received directly by the beneficiary, not from the trust,
29that counts as income in determining eligibility for medical
30assistance and any amounts paid to or otherwise made available
31to the beneficiary by the trustee pursuant to section 633C.3,
32subsection 1, paragraph “b”, or section 633C.3, subsection 2,
33paragraph “b”.
342. “Beneficiary” means the original beneficiary of a medical
35assistance special needs trust or medical assistance income
-856-1trust, whose assets funded the trust.
23. “Department” means the department of health and human
3services.
43. 4. “Institutionalized individual” means an individual
5receiving nursing facility services, a level of care in any
6institution equivalent to nursing facility services, or home
7and community-based services under the medical assistance home
8and community-based services waiver program.
94. 5. “Maximum monthly medical assistance payment rate for
10services in an intermediate care facility for persons with an
11intellectual disability” means the allowable rate established by
12the department of human services and as published in the Iowa
13administrative bulletin.
145. 6. “Medical assistance” means medical assistance as
15defined in section 249A.2.
166. 7. “Medical assistance income trust” means a trust or
17similar legal instrument or device that meets the criteria of
1842 U.S.C. §1396p(d)(4)(B)(i)-(ii).
197. 8. “Medical assistance special needs trust” means a trust
20or similar legal instrument or device that meets the criteria
21of 42 U.S.C. §1396p(d)(4)(A) or (C).
228. 9. “Statewide average charge for state mental health
23institute care” means the statewide average charge for such
24care as calculated by the department of human services and as
25published in the Iowa administrative bulletin.
269. 10. “Statewide average charge for nursing facility
27services” means the statewide average charge for such care,
28excluding charges by Medicare-certified, skilled nursing
29facilities, as calculated by the department of human services
30 and as published in the Iowa administrative bulletin.
3110. 11. “Statewide average charge to private-pay patients
32for psychiatric medical institutions for children care” means
33the statewide average charge for such care as calculated by
34the department of human services and as published in the Iowa
35administrative bulletin.
-857- 111. 12. “Total monthly income” means in reference to a
2medical assistance income trust beneficiary, income received
3directly by the beneficiary, not from the trust, that counts
4as income in determining eligibility for medical assistance,
5income of the beneficiary received by the trust that would
6otherwise count as income in determining the beneficiary’s
7eligibility for medical assistance, and income or earnings of
8the trust received by the trust.
9 Sec. 1287. Section 633C.5, Code 2023, is amended to read as
10follows:
11633C.5 Cooperation.
121. The department of human services shall cooperate with
13the trustee of a medical assistance special needs trust or a
14medical assistance income trust in determining the appropriate
15disposition of the trust under sections 633C.2 and 633C.3.
162. The trustee of a medical assistance special needs trust
17or medical assistance income trust shall cooperate with the
18department of human services in supplying information regarding
19a trust established under this chapter.
20 Sec. 1288. Section 642.2, subsection 4, Code 2023, is
21amended to read as follows:
224. Notwithstanding subsections 2, 3, 6, and 7, any moneys
23owed to the child support obligor by the state, with the
24exception of unclaimed property held by the treasurer of
25state pursuant to chapter 556, and payments owed to the child
26support obligor through the Iowa public employees’ retirement
27system are subject to garnishment, attachment, execution, or
28assignment by the child support recovery unit services if the
29 child support recovery unit services is providing enforcement
30services pursuant to chapter 252B. Any moneys that are
31determined payable by the treasurer pursuant to section 556.20,
32subsection 2, to the child support obligor shall be subject
33to setoff pursuant to section 8A.504, notwithstanding any
34administrative rule pertaining to the child support recovery
35unit services limiting the amount of the offset.
-858-1 Sec. 1289. Section 669.2, subsection 4, paragraph a, Code
22023, is amended to read as follows:
3a. “Employee of the state” includes any one or more
4officers, agents, or employees of the state or any state
5agency, including members of the general assembly, and persons
6acting on behalf of the state or any state agency in any
7official capacity, temporarily or permanently in the service of
8the state of Iowa, whether with or without compensation, but
9does not include a contractor doing business with the state.
10Professional personnel, including physicians, osteopathic
11physicians and surgeons, osteopathic physicians, optometrists,
12dentists, nurses, physician assistants, and other medical
13personnel, who render services to patients or inmates of state
14institutions under the jurisdiction of the department of health
15and human services or the Iowa department of corrections,
16and employees of the department of veterans affairs, are to
17be considered employees of the state, whether the personnel
18are employed on a full-time basis or render services on
19a part-time basis on a fee schedule or other arrangement.
20Criminal defendants while performing unpaid community service
21ordered by the district court, board of parole, or judicial
22district department of correctional services, or an inmate
23providing services pursuant to a chapter 28E agreement entered
24into pursuant to section 904.703, and persons supervising
25those inmates under and according to the terms of the chapter
2628E agreement, are to be considered employees of the state.
27Members of the Iowa national guard performing duties in
28a requesting state pursuant to section 29C.21 are to be
29considered employees of the state solely for the purpose of
30claims arising out of those duties in the event that the
31requesting state’s tort claims coverage does not extend to
32such members of the Iowa national guard or is less than that
33provided under Iowa law.
34 Sec. 1290. Section 674.3, Code 2023, is amended to read as
35follows:
-859- 1674.3 Petition copy.
2A copy of the petition shall be filed by the clerk of court
3with the division for records and state registrar of vital
4 statistics of the Iowa department of public health and human
5services.
6 Sec. 1291. Section 674.7, Code 2023, is amended to read as
7follows:
8674.7 Copy to Iowa department of public health and human
9services.
10When the court grants a decree of change of name, the clerk
11of the court shall furnish the petitioner with a certified copy
12of the decree and mail an abstract of a decree requiring a name
13change to be reflected on a birth certificate to the state
14registrar of vital statistics of the Iowa department of public
15 health and human services on a form provided by the state
16registrar.
17 Sec. 1292. Section 686D.2, subsection 11, paragraph e, Code
182023, is amended to read as follows:
19e. Any state agency, including the department of public
20 health and human services.
21 Sec. 1293. Section 691.5, Code 2023, is amended to read as
22follows:
23691.5 State medical examiner.
24The office and position of state medical examiner is
25established for administrative purposes within the Iowa
26 department of public health and human services. Other state
27agencies shall cooperate with the state medical examiner in
28the use of state-owned facilities when appropriate for the
29performance of nonadministrative duties of the state medical
30examiner. The state medical examiner shall be a physician
31and surgeon or osteopathic physician and surgeon, be licensed
32to practice medicine in the state of Iowa, and be board
33certified or eligible to be board certified in anatomic and
34forensic pathology by the American board of pathology. The
35state medical examiner shall be appointed by and serve at the
-860-1pleasure of the director of public health and human services
2 upon the advice of and in consultation with the director of
3public safety and the governor. The state medical examiner,
4in consultation with the director of public health and human
5services, shall be responsible for developing and administering
6the medical examiner’s budget and for employment of medical
7examiner staff and assistants. The state medical examiner
8may be a faculty member of the university of Iowa college of
9medicine or the college of law at the university of Iowa, and
10any of the examiner’s assistants or staff may be members of the
11faculty or staff of the university of Iowa college of medicine
12or the college of law at the university of Iowa.
13 Sec. 1294. Section 691.6, subsection 3, Code 2023, is
14amended to read as follows:
153. To adopt rules pursuant to chapter 17A and subject to the
16approval of the director of public health and human services.
17 Sec. 1295. Section 691.6, subsection 10, Code 2023, is
18amended by striking the subsection.
19 Sec. 1296. Section 691.6A, Code 2023, is amended to read as
20follows:
21691.6A Deputy state medical examiner — creation and duties.
22The position of deputy state medical examiner is created
23within the office of the state medical examiner. The deputy
24state medical examiner shall report to and be responsible to
25the state medical examiner. The deputy state medical examiner
26shall meet the qualification criteria established in section
27691.5 for the state medical examiner and shall be subject to
28rules adopted by the state medical examiner as provided in
29section 691.6, subsection 3. The state medical examiner and
30the deputy state medical examiner shall function as a team,
31providing peer review as necessary, fulfilling each other’s job
32responsibilities during times of absence, and working jointly
33to provide services and education to county medical examiners,
34law enforcement officials, hospital pathologists, and other
35individuals and entities. The deputy medical examiner may
-861-1be, but is not required to be, a full-time salaried faculty
2member of the department of pathology of the university of Iowa
3college of medicine. If the medical examiner is a full-time
4salaried faculty member of the department of pathology of the
5university of Iowa college of medicine, the Iowa department
6of public health and human services and the state board of
7regents shall enter into a chapter 28E agreement to define the
8activities and functions of the deputy medical examiner, and
9to allocate deputy medical examiner costs, consistent with the
10requirements of this section.
11 Sec. 1297. Section 691.6B, subsection 1, paragraph b, Code
122023, is amended to read as follows:
13b. Advise the state medical examiner concerning the
14assurance of effective coordination of the functions and
15operations of the office of the state medical examiner with the
16needs and interests of the departments of public safety and
17public health and human services.
18 Sec. 1298. Section 691.6B, subsection 2, paragraph c, Code
192023, is amended to read as follows:
20c. The director of public health and human services or the
21director’s designee.
22 Sec. 1299. Section 691.7, Code 2023, is amended to read as
23follows:
24691.7 Commissioner to accept federal or private grants.
25The commissioner of public safety may accept federal
26or private funds or grants to aid in the establishment or
27operation of the state criminalistics laboratory, and the
28director of public health and human services or the state board
29of regents may accept federal or private funds or grants to
30aid in the establishment or operation of the position of state
31medical examiner.
32 Sec. 1300. Section 692.15, subsection 1, Code 2023, is
33amended to read as follows:
341. If it comes to the attention of a sheriff, police
35department, or other law enforcement agency that a public
-862-1offense or delinquent act has been committed in its
2jurisdiction, the law enforcement agency shall report
3information concerning the public offense or delinquent act to
4the department on a form to be furnished by the department not
5more than thirty-five days from the time the public offense
6or delinquent act first comes to the attention of the law
7enforcement agency. The reports shall be used to generate
8crime statistics. The department shall submit statistics to
9the governor, the general assembly, and the division of subunit
10of the department of health and human services responsible for
11 criminal and juvenile justice planning of the department of
12human rights on a quarterly and yearly basis.
13 Sec. 1301. Section 707.6A, subsection 1D, Code 2023, is
14amended to read as follows:
151D. Where the program is available and appropriate for
16the defendant, the court shall also order the defendant to
17participate in a reality education substance abuse use disorder
18 prevention program as provided in section 321J.24.
19 Sec. 1302. Section 708.3A, subsections 1, 2, 3, and 4, Code
202023, are amended to read as follows:
211. A person who commits an assault, as defined in section
22708.1, against a peace officer, jailer, correctional staff,
23member or employee of the board of parole, health care
24provider, employee of the department of health and human
25services, employee of the department of revenue, national
26guard member engaged in national guard duty or state active
27duty, civilian employee of a law enforcement agency, civilian
28employee of a fire department, or fire fighter, whether paid
29or volunteer, with the knowledge that the person against
30whom the assault is committed is a peace officer, jailer,
31correctional staff, member or employee of the board of parole,
32health care provider, employee of the department of health and
33 human services, employee of the department of revenue, national
34guard member engaged in national guard duty or state active
35duty, civilian employee of a law enforcement agency, civilian
-863-1employee of a fire department, or fire fighter and with the
2intent to inflict a serious injury upon the peace officer,
3jailer, correctional staff, member or employee of the board
4of parole, health care provider, employee of the department
5of health and human services, employee of the department of
6revenue, national guard member engaged in national guard duty
7or state active duty, civilian employee of a law enforcement
8agency, civilian employee of a fire department, or fire
9fighter, is guilty of a class “D” felony.
102. A person who commits an assault, as defined in section
11708.1, against a peace officer, jailer, correctional staff,
12member or employee of the board of parole, health care
13provider, employee of the department of health and human
14services, employee of the department of revenue, national
15guard member engaged in national guard duty or state active
16duty, civilian employee of a law enforcement agency, civilian
17employee of a fire department, or fire fighter, whether paid
18or volunteer, who knows that the person against whom the
19assault is committed is a peace officer, jailer, correctional
20staff, member or employee of the board of parole, health care
21provider, employee of the department of health and human
22services, employee of the department of revenue, national
23guard member engaged in national guard duty or state active
24duty, civilian employee of a law enforcement agency, civilian
25employee of a fire department, or fire fighter and who uses or
26displays a dangerous weapon in connection with the assault, is
27guilty of a class “D” felony.
283. 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
-864-1or volunteer, who knows that the person against whom the
2assault is committed is a peace officer, jailer, correctional
3staff, member or employee of the board of parole, health care
4provider, employee of the department of health and human
5services, 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 who causes
9bodily injury or mental illness, is guilty of an aggravated
10misdemeanor.
114. Any other assault, as defined in section 708.1, committed
12against a peace officer, jailer, correctional staff, member
13or employee of the board of parole, health care provider,
14employee of the department of health and human services,
15employee of the department of revenue, national guard member
16engaged in national guard duty or state active duty, civilian
17employee of a law enforcement agency, civilian employee of a
18fire department, or fire fighter, whether paid or volunteer,
19by a person who knows that the person against whom the assault
20is committed is a peace officer, jailer, correctional staff,
21member or employee of the board of parole, health care
22provider, employee of the department of health and human
23services, employee of the department of revenue, national
24guard member engaged in national guard duty or state active
25duty, civilian employee of a law enforcement agency, civilian
26employee of a fire department, or fire fighter, is a serious
27misdemeanor.
28 Sec. 1303. Section 708.3A, subsection 5, paragraph b, Code
292023, is amended to read as follows:
30b. “Employee of the department of health and human services”
31means a person who is an employee of an institution controlled
32by the director of health and human services that is listed in
33section 218.1, or who is an employee of the civil commitment
34unit for sex offenders operated by the department of health and
35 human services. A person who commits an assault under this
-865-1section against an employee of the department of health and
2 human services at a department of health and human services
3institution or unit is presumed to know that the person against
4whom the assault is committed is an employee of the department
5of health and human services.
6 Sec. 1304. Section 709.16, subsection 2, paragraph b,
7subparagraphs (2) and (5), Code 2023, are amended to read as
8follows:
9(2) Institutions controlled by the department of health and
10 human services listed in section 218.1.
11(5) Facilities for the treatment of persons with
12substance-related disorders a substance use disorder as defined
13in section 125.2.
14 Sec. 1305. Section 710.8, subsection 3, Code 2023, is
15amended to read as follows:
163. A person shall not harbor a runaway child with the intent
17of allowing the runaway child to remain away from home against
18the wishes of the child’s parent, guardian, or custodian.
19However, the provisions of this subsection do not apply to
20a shelter care home which is licensed or approved by the
21department of health and human services.
22 Sec. 1306. Section 714G.8, subsection 5, Code 2023, is
23amended to read as follows:
245. The department of health and human services or its agents
25or assignees acting to investigate fraud under the medical
26assistance program.
27 Sec. 1307. Section 715A.11, subsection 5, Code 2023, is
28amended to read as follows:
295. A person who violates this section is guilty of a simple
30misdemeanor for a first offense and a serious misdemeanor for
31each subsequent offense. The court may require a substance
32abuse use disorder evaluation and treatment through a program
33licensed by the Iowa department of public health and human
34services in lieu of or in addition to other penalties. Any
35substance abuse use disorder evaluation required under this
-866-1subsection shall be completed at the expense of the defendant.
2 Sec. 1308. Section 724.31, subsection 2, Code 2023, is
3amended to read as follows:
42. A person who is subject to the disabilities imposed
5by 18 U.S.C. §922(d)(4) and (g)(4) because of an order or
6judgment that occurred under the laws of this state may
7petition the court that issued the order or judgment or the
8court in the county where the person resides for relief from
9the disabilities imposed under 18 U.S.C. §922(d)(4) and (g)(4).
10A copy of the petition shall also be served on the director of
11health and human services and the county attorney at the county
12attorney’s office of the county in which the original order
13occurred, and the director or the county attorney may appear,
14support, object to, and present evidence relevant to the relief
15sought by the petitioner.
16 Sec. 1309. Section 725.1, subsection 1, paragraph b, Code
172023, is amended to read as follows:
18b. If the person who sells or offers for sale the person’s
19services as a partner in a sex act is under the age of eighteen,
20the county attorney may elect, in lieu of filing a petition
21alleging that the person has committed a delinquent act,
22to refer that person to the department of health and human
23services for the possible filing of a petition alleging that
24the person is a child in need of assistance.
25 Sec. 1310. Section 730.5, subsection 1, paragraph g, Code
262023, is amended to read as follows:
27g. “Medical review officer” means a licensed physician,
28osteopathic physician, chiropractor, nurse practitioner, or
29physician assistant authorized to practice in any state of the
30United States, who is responsible for receiving laboratory
31results generated by an employer’s drug or alcohol testing
32program, and who has knowledge of substance abuse use disorders
33and has appropriate medical training to interpret and evaluate
34an individual’s confirmed positive test result together
35with the individual’s medical history and any other relevant
-867-1biomedical information.
2 Sec. 1311. Section 730.5, subsection 3, Code 2023, is
3amended to read as follows:
43. Testing optional. This section does not require or
5create a legal duty on an employer to conduct drug or alcohol
6testing and the requirements of this section shall not be
7construed to encourage, discourage, restrict, limit, prohibit,
8or require such testing. In addition, an employer may
9implement and require drug or alcohol testing at some but not
10all of the work sites of the employer and the requirements of
11this section shall only apply to the employer and employees who
12are at the work sites where drug or alcohol testing pursuant to
13this section has been implemented. A cause of action shall not
14arise in favor of any person against an employer or agent of an
15employer based on the failure of the employer to establish a
16program or policy on substance abuse use disorder prevention
17or to implement any component of testing as permitted by this
18section.
19 Sec. 1312. Section 730.5, subsection 7, paragraph f, Code
202023, is amended to read as follows:
21f. All confirmatory drug testing shall be conducted at a
22laboratory certified by the United States department of health
23and human services’ substance abuse and mental health services
24administration or approved under rules adopted by the Iowa
25 department of public health and human services.
26 Sec. 1313. Section 730.5, subsection 9, paragraph c,
27subparagraph (2), Code 2023, is amended to read as follows:
28(2) If an employer does not have an employee assistance
29program, the employer must maintain a resource file of alcohol
30and other drug abuse substance use disorder programs certified
31by the Iowa department of public health and human services,
32mental health providers, and other persons, entities, or
33organizations available to assist employees with personal or
34behavioral problems. The employer shall provide all employees
35information about the existence of the resource file and a
-868-1summary of the information contained within the resource file.
2The summary should contain, but need not be limited to, all
3information necessary to access the services listed in the
4resource file.
5 Sec. 1314. Section 730.5, subsection 9, paragraph g,
6subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
7to read as follows:
8Upon receipt of a confirmed positive alcohol test
9which indicates an alcohol concentration greater than the
10concentration level established by the employer pursuant to
11this section, and if the employer has at least fifty employees,
12and if the employee has been employed by the employer for
13at least twelve of the preceding eighteen months, and if
14rehabilitation is agreed upon by the employee, and if the
15employee has not previously violated the employer’s substance
16abuse use disorder prevention policy pursuant to this section,
17the written policy shall provide for the rehabilitation of the
18employee pursuant to subsection 10, paragraph “a”, subparagraph
19(1), and the apportionment of the costs of rehabilitation as
20provided by this paragraph “g”.
21 Sec. 1315. Section 730.5, subsection 9, paragraph h, Code
222023, is amended to read as follows:
23h. In order to conduct drug or alcohol testing under this
24section, an employer shall require supervisory personnel of
25the employer involved with drug or alcohol testing under this
26section to attend a minimum of two hours of initial training
27and to attend, on an annual basis thereafter, a minimum of one
28hour of subsequent training. The training shall include, but
29is not limited to, information concerning the recognition of
30evidence of employee alcohol and other drug abuse substance
31use disorder, the documentation and corroboration of employee
32alcohol and other drug abuse substance use disorder, and the
33referral of employees who abuse alcohol or other drugs with a
34substance use disorder to the employee assistance program or
35to the resource file maintained by the employer pursuant to
-869-1paragraph “c”, subparagraph (2).
2 Sec. 1316. Section 730.5, subsection 11, paragraph d, Code
32023, is amended to read as follows:
4d. Termination or suspension of any substance abuse use
5disorder prevention or testing program or policy.
6 Sec. 1317. Section 730.5, subsection 12, paragraph b,
7subparagraph (1), Code 2023, is amended to read as follows:
8(1) The employer discloses the test results to a person
9other than the employer, an authorized employee, agent, or
10representative of the employer, the tested employee or the
11tested applicant for employment, an authorized substance abuse
12 use disorder treatment program or employee assistance program,
13or an authorized agent or representative of the tested employee
14or applicant.
15 Sec. 1318. Section 730.5, subsection 13, paragraph d,
16subparagraph (1), subparagraph division (e), Code 2023, is
17amended to read as follows:
18(e) To a substance abuse use disorder evaluation or
19treatment facility or professional for the purpose of
20evaluation or treatment of the employee.
21 Sec. 1319. Section 730.5, subsection 16, Code 2023, is
22amended to read as follows:
2316. Reports. A laboratory doing business for an employer
24who conducts drug or alcohol tests pursuant to this section
25shall file an annual report with the Iowa department of public
26 health and human services by March 1 of each year concerning
27the number of drug or alcohol tests conducted on employees who
28work in this state pursuant to this section, and the number
29of positive and negative results of the tests, during the
30previous calendar year. In addition, the laboratory shall
31include in its annual report the specific basis for each test
32as authorized in subsection 8, the type of drug or drugs which
33were found in the positive drug tests, and all significant
34available demographic factors relating to the positive test
35pool.
-870-1 Sec. 1320. Section 804.31, subsection 1, Code 2023, is
2amended to read as follows:
31. When a person is detained for questioning or arrested
4for an alleged violation of a law or ordinance and there is
5reason to believe that the person is deaf or hard-of-hearing,
6the peace officer making the arrest or taking the person
7into custody or any other officer detaining the person shall
8determine if the person is a deaf or hard-of-hearing person as
9defined in section 622B.1. If the officer so determines, the
10officer, at the earliest possible time and prior to commencing
11any custodial interrogation of the person, shall procure a
12qualified interpreter in accordance with section 622B.2 and the
13rules adopted by the supreme court under section 622B.1 unless
14the deaf or hard-of-hearing person knowingly, voluntarily,
15and intelligently waives the right to an interpreter in
16writing by executing a form prescribed by the department of
17health and human rights services and the Iowa county attorneys
18association. The interpreter shall interpret the officer’s
19warnings of constitutional rights and protections and all other
20warnings, statements, and questions spoken or written by any
21officer, attorney, or other person present and all statements
22and questions communicated in sign language by the deaf or
23hard-of-hearing person.
24 Sec. 1321. Section 811.2, subsection 1, paragraph b, Code
252023, is amended to read as follows:
26b. Any bailable defendant who is charged with unlawful
27possession, manufacture, delivery, or distribution of a
28controlled substance or other drug under chapter 124 and is
29ordered released shall be required, as a condition of that
30release, to submit to a substance abuse use disorder evaluation
31and follow any recommendations proposed in the evaluation for
32appropriate substance abuse use disorder treatment. However,
33if a bailable defendant is charged with manufacture, delivery,
34possession with the intent to manufacture or deliver, or
35distribution of methamphetamine, its salts, optical isomers,
-871-1and salts of its optical isomers, the defendant shall, in
2addition to a substance abuse use disorder evaluation, remain
3under supervision and be required to undergo random drug tests
4as a condition of release.
5 Sec. 1322. Section 812.6, subsection 2, paragraph b, Code
62023, is amended to read as follows:
7b. A defendant who does not pose a danger to the public
8peace or safety, but is otherwise being held in custody, or
9who refuses to cooperate with treatment, shall be committed to
10the custody of the director of health and human services at a
11department of health and human services facility for treatment
12designed to restore the defendant to competency. The costs of
13the treatment pursuant to this paragraph shall be borne by the
14department of health and human services.
15 Sec. 1323. Section 901.3, subsection 1, paragraph h, Code
162023, is amended to read as follows:
17h. Whether the defendant has a history of mental health
18issues or a substance abuse problems use disorder. If so, the
19investigator shall inquire into the treatment options available
20in both the community of the defendant and the correctional
21system.
22 Sec. 1324. Section 901.3, subsection 2, Code 2023, is
23amended to read as follows:
242. All local and state mental and correctional
25institutions, courts, and police agencies shall furnish to the
26investigator on request the defendant’s criminal record and
27other relevant information. The originating source of specific
28mental health or substance abuse use disorder information
29including the histories, treatment, and use of medications
30shall not be released to the presentence investigator unless
31the defendant authorizes the release of such information.
32If the defendant refuses to release the information, the
33presentence investigator may note the defendant’s refusal
34to release mental health or substance abuse use disorder
35 information in the presentence investigation report and rely
-872-1upon other mental health or substance abuse use disorder
2 information available to the presentence investigator.
3With the approval of the court, a physical examination or
4psychiatric evaluation of the defendant may be ordered, or
5the defendant may be committed to an inpatient or outpatient
6psychiatric facility for an evaluation of the defendant’s
7personality and mental health. The results of any such
8examination or evaluation shall be included in the report of
9the investigator.
10 Sec. 1325. Section 901.4, Code 2023, is amended to read as
11follows:
12901.4 Presentence investigation report confidential —
13access.
14The presentence investigation report is confidential and the
15court shall provide safeguards to ensure its confidentiality,
16including but not limited to sealing the report, which may
17be opened only by further court order. The defendant’s
18attorney and the attorney for the state shall have access to
19the presentence investigation report at least three days prior
20to the date set for sentencing. The defendant’s appellate
21attorney and the appellate attorney for the state shall have
22access to the presentence investigation report upon request
23and without the necessity of a court order. The report shall
24remain confidential except upon court order. However, the
25court may conceal the identity of the person who provided
26confidential information. The report of a medical examination
27or psychological or psychiatric evaluation shall be made
28available to the attorney for the state and to the defendant
29upon request. The reports are part of the record but shall
30be sealed and opened only on order of the court. If the
31defendant is committed to the custody of the Iowa department
32of corrections and is not a class “A” felon, an employee
33of the department, if authorized by the director of the
34department, an employee of a judicial district department
35of correctional services, if authorized by the director of
-873-1the judicial district department of correctional services,
2and an employee of the board of parole, if authorized by the
3chairperson or a member of the board of parole, shall have
4access to the presentence investigation report. Pursuant to
5section 904.602, the presentence investigation report may also
6be released by ordinary or electronic mail by the department of
7corrections or a judicial district department of correctional
8services to another jurisdiction for the purpose of providing
9interstate probation and parole compact or interstate compact
10for adult offender supervision services or evaluations, or
11to a substance abuse use disorder or mental health services
12provider when referring a defendant for services. The
13defendant or the defendant’s attorney may file with the
14presentence investigation report, a denial or refutation of the
15allegations, or both, contained in the report. The denial or
16refutation shall be included in the report.
17 Sec. 1326. Section 901.4A, Code 2023, is amended to read as
18follows:
19901.4A Substance abuse use disorder evaluation.
20Upon a plea of guilty, a verdict of guilty, or a special
21verdict upon which a judgment of conviction may be rendered,
22the court may order the defendant to submit to and complete
23a substance abuse use disorder evaluation, if the court
24determines that there is reason to believe that the defendant
25regularly abuses uses alcohol or other controlled substances
26and may be in need of treatment. An order made pursuant to this
27section may be made in addition to any other sentence or order
28of the court.
29 Sec. 1327. Section 901.5, subsection 8, Code 2023, is
30amended to read as follows:
318. The court may order the defendant to complete any
32treatment indicated by a substance abuse use disorder
33 evaluation ordered pursuant to section 901.4A or any other
34section.
35 Sec. 1328. Section 901B.1, subsection 1, paragraph c,
-874-1subparagraph (5), Code 2023, is amended to read as follows:
2(5) A substance abuse use disorder treatment facility
3as established and operated by the Iowa department of public
4 health and human services or the department of corrections.
5 Sec. 1329. Section 901B.1, subsection 3, paragraph c, Code
62023, is amended to read as follows:
7c. A copy of the program and plan shall be filed with
8the chief judge of the judicial district, the department of
9corrections, and the division of subunit of the department of
10health and human services responsible for criminal and juvenile
11justice planning of the department of human rights.
12 Sec. 1330. Section 904.108, subsection 1, paragraph d, Code
132023, is amended to read as follows:
14d. Establish and maintain acceptable standards of treatment,
15training, education, and rehabilitation in the various
16state penal and corrective institutions which shall include
17habilitative services and treatment for offenders with an
18intellectual disability. For the purposes of this paragraph,
19“habilitative services and treatment” means medical, mental
20health, social, educational, counseling, and other services
21which will assist a person with an intellectual disability
22to become self-reliant. However, the director may also
23provide rehabilitative treatment and services to other persons
24who require the services. The director shall identify all
25individuals entering the correctional system who are persons
26with an intellectual disability, as defined in section 4.1.
27Identification shall be made by a qualified professional in the
28area of intellectual disability. In assigning an offender with
29an intellectual disability, or an offender with an inadequately
30developed intelligence or with impaired mental abilities, to
31a correctional facility, the director shall consider both
32the program needs and the security needs of the offender.
33The director shall consult with the department of health
34and human services in providing habilitative services and
35treatment to offenders with mental illness or an intellectual
-875-1disability. The director may enter into agreements with the
2department of health and human services to utilize mental
3health institutions and share staff and resources for purposes
4of providing habilitative services and treatment, as well as
5providing other special needs programming. Any agreement to
6utilize mental health institutions and to share staff and
7resources shall provide that the costs of the habilitative
8services and treatment shall be paid from state funds. Not
9later than twenty days prior to entering into any agreement
10to utilize mental health institution staff and resources,
11other than the use of a building or facility, for purposes of
12providing habilitative services and treatment, as well as other
13special needs programming, the directors of the departments of
14corrections and health and human services shall each notify the
15chairpersons and ranking members of the joint appropriations
16subcommittees that last handled the appropriation for their
17respective departments of the pending agreement. Use of a
18building or facility shall require approval of the general
19assembly if the general assembly is in session or, if the
20general assembly is not in session, the legislative council
21may grant temporary authority, which shall be subject to final
22approval of the general assembly during the next succeeding
23legislative session.
24 Sec. 1331. Section 904.108, subsection 5, Code 2023, is
25amended to read as follows:
265. The director may obtain assistance for the department
27for construction, facility planning, and project accomplishment
28with the department of administrative services and by
29contracting under chapter 28E for data processing with the
30department of health and human services or the department of
31administrative services.
32 Sec. 1332. Section 904.201, subsection 3, paragraph a,
33subparagraph (1), Code 2023, is amended to read as follows:
34(1) Residents transferred from an institution under the
35jurisdiction of the department of health and human services or
-876-1the Iowa department of corrections.
2 Sec. 1333. Section 904.302, unnumbered paragraph 1, Code
32023, is amended to read as follows:
4The director may appoint a farm operations administrator
5for institutions under the control of the departments of
6corrections and health and human services. If appointed, the
7farm operations administrator, subject to the direction of the
8director shall do all of the following:
9 Sec. 1334. Section 904.302, subsections 1, 3, and 8, Code
102023, are amended to read as follows:
111. Manage and supervise all farming and nursery operations
12at institutions, farms and gardens of the departments of
13corrections and health and human services.
143. Develop an annual operations plan for crop and
15livestock production and utilization that will provide work
16experience and contribute to developing vocational skills of
17the institutions’ inmates and residents. The department of
18health and human services must approve the parts of the plan
19that affect farm operations on property of institutions having
20programs of the department of health and human services.
218. Pay property taxes levied against land leased by the
22department of corrections or department of health and human
23services as provided in section 427.1, subsection 1.
24 Sec. 1335. Section 904.503, Code 2023, is amended to read
25as follows:
26904.503 Transfers — persons with mental illness.
271. a. The director may transfer at the expense of the
28department an inmate of one institution to another institution
29under the director’s control if the director is satisfied that
30the transfer is in the best interests of the institutions or
31inmates.
32b. The director may transfer at the expense of the
33department an inmate under the director’s jurisdiction from any
34institution supervised by the director to another institution
35under the control of an administrator of a division of the
-877-1department director of health and human services with the
2consent and approval of the administrator director of health
3and human services and may transfer an inmate to any other
4institution for mental or physical examination or treatment
5retaining jurisdiction over the inmate when so transferred.
6c. If the juvenile court waives its jurisdiction over a
7child over thirteen and under eighteen years of age pursuant
8to section 232.45 so that the child may be prosecuted as an
9adult and if the child is convicted of a public offense in the
10district court and committed to the custody of the director
11under section 901.7, the director may request transfer of the
12child to the state training school under this section. If
13the administrator of a division of the department director of
14health and human services consents and approves the transfer,
15the child may be retained in temporary custody by the state
16training school until attaining the age of eighteen, at which
17time the child shall be returned to the custody of the director
18of the department of corrections to serve the remainder of
19the sentence imposed by the district court. If the child
20becomes a security risk or becomes a danger to other residents
21of the state training school at any time before reaching
22eighteen years of age, the administrator of the division of
23the department director of health and human services may
24immediately return the child to the custody of the director of
25the department of corrections to serve the remainder of the
26sentence.
272. When the director has cause to believe that an inmate
28in a state correctional institution is mentally ill, the
29Iowa department of corrections may cause the inmate to be
30transferred to the Iowa medical and classification center,
31or to another appropriate facility within the department,
32for examination, diagnosis, or treatment. The inmate shall
33be confined at that center or facility or a state hospital
34for persons with mental illness health institute until the
35expiration of the inmate’s sentence or until the inmate
-878-1is pronounced in good mental health. If the inmate is
2pronounced in good mental health before the expiration of the
3inmate’s sentence, the inmate shall be returned to the state
4correctional institution until the expiration of the inmate’s
5sentence.
63. When the director has reason to believe that a prisoner
7in a state correctional institution, whose sentence has
8expired, is mentally ill, the director shall cause examination
9to be made of the prisoner by competent physicians who shall
10certify to the director whether the prisoner is in good
11mental health or mentally ill. The director may make further
12investigation and if satisfied that the prisoner is mentally
13ill, the director may cause the prisoner to be transferred
14to one of the hospitals for persons with mental illness, or
15may order the prisoner to be confined in the Iowa medical and
16classification center.
17 Sec. 1336. Section 904.513, subsection 1, paragraph b,
18subparagraphs (2) and (3), Code 2023, are amended to read as
19follows:
20(2) Offenders convicted of violating chapter 321J,
21sentenced to the custody of the director, and awaiting
22placement in a community residential substance abuse use
23disorder treatment program for such offenders shall be placed
24in an institutional substance abuse use disorder program
25for such offenders within sixty days of admission to the
26institution or as soon as practical. When placing offenders
27convicted of violating chapter 321J in community residential
28substance abuse use disorder treatment programs for such
29offenders, the department shall give priority as appropriate
30to the placement of those offenders currently in institutional
31substance abuse use disorder programs for such offenders. The
32department shall work with each judicial district to enable
33such offenders to enter community residential substance abuse
34 use disorder treatment programs at a level comparable to their
35prior institutional program participation.
-879- 1(3) Assignment shall be for the purposes of risk
2management and substance abuse use disorder treatment and may
3include education or work programs when the offender is not
4participating in other program components.
5 Sec. 1337. Section 904.513, subsection 3, Code 2023, is
6amended to read as follows:
73. The department shall adopt rules for the implementation
8of this section. The rules shall include the requirement
9that the treatment programs established pursuant to this
10chapter meet the licensure standards of the department of
11public health and human services under chapter 125. The rules
12shall also include provisions for the funding of the program
13by means of self-contribution by the offenders, insurance
14reimbursement on behalf of offenders, or other forms of
15funding, program structure, criteria for the evaluation of
16offenders and programs, and all other issues the director shall
17deem appropriate.
18 Sec. 1338. Section 904.514, subsection 1, Code 2023, is
19amended to read as follows:
201. A person committed to an institution under the control of
21the department who bites another person, who causes an exchange
22of bodily fluids with another person, or who causes any bodily
23secretion to be cast upon another person, shall submit to the
24withdrawal of a bodily specimen for testing to determine if the
25person is infected with a contagious infectious disease. The
26bodily specimen to be taken shall be determined by the staff
27physician of the institution. The specimen taken shall be
28sent to the state hygienic laboratory at the state university
29at Iowa City or some other laboratory approved by the Iowa
30 department of public health and human services. If a person
31to be tested pursuant to this section refuses to submit to the
32withdrawal of a bodily specimen, application may be made by the
33superintendent of the institution to the district court for an
34order compelling the person to submit to the withdrawal and,
35if infected, to available treatment. An order authorizing the
-880-1withdrawal of a specimen for testing may be issued only by a
2district judge or district associate judge upon application by
3the superintendent of the institution.
4 Sec. 1339. Section 904.706, subsections 3, 4, and 5, Code
52023, are amended to read as follows:
63. As used in this section, “department” means the Iowa
7 department of corrections and the Iowa department of health and
8 human services.
94. The farm operations administrator appointed under
10section 904.302 shall perform the functions described under
11section 904.302 for agricultural operations on property of the
12Iowa department of health and human services.
135. The Iowa department of health and human services shall
14enter into an agreement under chapter 28D with the Iowa
15department of corrections to implement this section.
16 Sec. 1340. Section 904.809, subsection 5, paragraph c,
17subparagraph (1), Code 2023, is amended to read as follows:
18(1) An amount which the inmate may be legally obligated to
19pay for the support of the inmate’s dependents, which shall
20be paid through the department of health and human services
21collection services center, and which shall include an amount
22for delinquent child support not to exceed fifty percent of net
23earnings.
24 Sec. 1341. Section 904.905, subsection 1, paragraph a, Code
252023, is amended to read as follows:
26a. An amount the inmate may be legally obligated to pay for
27the support of the inmate’s dependents, the amount of which
28shall be paid to the dependents through the department of
29health and human services office or unit serving the county or
30city in which the dependents reside.
31 Sec. 1342. Section 905.4, subsection 9, Code 2023, is
32amended to read as follows:
339. Arrange, by contract or on an alternative basis mutually
34acceptable, and with approval of the director of the Iowa
35department of corrections or that director’s designee for
-881-1utilization of existing local treatment and service resources,
2including but not limited to employment, job training, general,
3special, or remedial education; psychiatric and marriage
4counseling; and alcohol and drug abuse substance use disorder
5 treatment and counseling. It is the intent of this chapter
6that a district board shall approve the development and
7maintenance of such resources by its own staff only if the
8resources are otherwise unavailable to the district department
9within reasonable proximity to the community where these
10services are needed in connection with the community-based
11correctional program.
12 Sec. 1343. Section 905.12, subsection 1, paragraph a, Code
132023, is amended to read as follows:
14a. An amount the resident may be legally obligated to pay
15for the support of dependents, which shall be paid to the
16dependents directly or through the department of health and
17 human services office or unit serving the county in which the
18dependents reside. For the purpose of this paragraph, “legally
19obligated” means under a court order.
20 Sec. 1344. Section 905.15, subsection 2, Code 2023, is
21amended to read as follows:
222. A person under supervision of a district department, who
23assaults another person as defined in section 708.1, by biting,
24casting bodily fluids, or acting in a manner that results in
25the exchange of bodily fluids, shall submit to the withdrawal
26of a bodily specimen for testing to determine if the person
27is infected with a contagious infectious disease. The bodily
28specimen to be taken shall be determined by a physician. The
29specimen taken shall be sent to the state hygienic laboratory
30at the state university at Iowa City or some other laboratory
31approved by the department of public health and human services.
32If a person to be tested pursuant to this section refuses to
33submit to the withdrawal of a bodily specimen, application may
34be made by the director to the district court for an order
35compelling the person to submit to the withdrawal and, if
-882-1infected, to available treatment. An order authorizing the
2withdrawal of a specimen for testing may be issued only by a
3district judge or district associate judge upon application by
4the director.
5 Sec. 1345. Section 907.5, subsection 1, paragraph e, Code
62023, is amended to read as follows:
7e. The defendant’s mental health and substance abuse
8 use disorder history and treatment options available in the
9community and the correctional system.
10 Sec. 1346. Section 915.29, Code 2023, is amended to read as
11follows:
12915.29 Notification of victim of juvenile by department of
13health and human services.
141. The department of health and human services shall notify
15a registered victim regarding a juvenile adjudicated delinquent
16for a violent crime, committed to the custody of the department
17of health and human services, and placed at the state training
18school, of the following:
19a. The date on which the juvenile is expected to be
20temporarily released from the custody of the department of
21health and human services, and whether the juvenile is expected
22to return to the community where the registered victim resides.
23b. The juvenile’s escape from custody.
24c. The recommendation by the department to consider the
25juvenile for release or placement.
26d. The date on which the juvenile is expected to be released
27from a facility pursuant to a plan of placement.
282. The notification required pursuant to this section
29may occur through the automated victim notification system
30referred to in section 915.10A to the extent such information
31is available for dissemination through the system.
32 Sec. 1347. Section 915.35, subsection 4, Code 2023, is
33amended to read as follows:
344. a. A child protection assistance team involving the
35county attorney, law enforcement personnel, and personnel
-883-1of the department of health and human services shall be
2established for each county by the county attorney. However,
3by mutual agreement, two or more county attorneys may
4establish a single child protection assistance team to cover a
5multicounty area. A child protection assistance team, to the
6greatest extent possible, may be consulted in cases involving a
7forcible felony against a child who is less than age fourteen
8in which the suspected offender is the person responsible
9for the care of a child, as defined in section 232.68. A
10child protection assistance team may also be utilized in cases
11involving a violation of chapter 709 or 726 or other crime
12committed upon a victim as defined in subsection 1.
13b. A child protection assistance team may also consult
14with or include juvenile court officers, medical and mental
15health professionals, physicians or other hospital-based health
16professionals, court-appointed special advocates, guardians
17ad litem, and members of a multidisciplinary team created by
18the department of health and human services for child abuse
19investigations assessments. A child protection assistance
20team may work cooperatively with the early childhood Iowa area
21board established under chapter 256I. The child protection
22assistance team shall work with the department of health and
23 human services in accordance with section 232.71B, subsection
243, in developing the protocols for prioritizing the actions
25taken in response to child abuse assessments and for law
26enforcement agencies working jointly with the department at
27the local level in processes for child abuse assessments. The
28department of justice may provide training and other assistance
29to support the activities of a child protection assistance
30team.
31 Sec. 1348. Section 915.37, subsection 2, Code 2023, is
32amended to read as follows:
332. References in this section to a guardian ad litem shall
34be interpreted to include references to a court appointed
35special advocate as defined in section 232.2, subsection 10.
-884-1 Sec. 1349. Section 915.40, subsection 5, Code 2023, is
2amended to read as follows:
35. “Department” means the Iowa department of public health
4and human services.
5 Sec. 1350. Section 915.45, subsection 1, Code 2023, is
6amended to read as follows:
71. In addition to any other information required to be
8released under chapter 229A, prior to the discharge of a person
9committed under chapter 229A, the director of health and human
10services shall give written notice of the person’s discharge
11to any living victim of the person’s activities or crime whose
12address is known to the director or, if the victim is deceased,
13to the victim’s family, if the family’s address is known.
14Failure to notify shall not be a reason for postponement of
15discharge. Nothing in this section shall create a cause of
16action against the state or an employee of the state acting
17within the scope of the employee’s employment as a result of
18the failure to notify pursuant to this action.
19 Sec. 1351. Section 915.46, subsection 4, paragraph b, Code
202023, is amended to read as follows:
21b. The sexual assault forensic examiner program shall
22provide didactic and clinical training opportunities consistent
23with the sexual assault forensic examiner education guidelines
24established by the international association of forensic
25nurses, in collaboration with the Iowa department of public
26 health and human services and the Iowa coalition against sexual
27assault, in sufficient numbers and geographical locations
28across the state to assist treatment facilities with training
29sexual assault examiners and sexual assault nurse examiners.
30 Sec. 1352. Section 915.46, subsections 5 and 6, Code 2023,
31are amended to read as follows:
325. The sexual assault forensic examiner program, in
33collaboration with qualified medical providers, the Iowa
34 department of public health and human services, and the
35Iowa coalition against sexual assault, shall create uniform
-885-1materials that all treatment facilities and federally
2qualified health centers are required to provide to patients
3and non-offending parents or legal guardians, if applicable,
4regarding medical forensic examination procedures, laws
5regarding consent relating to medical forensic services, and
6the benefits and risks of evidence collection, including
7recommended time frames for evidence collection pursuant
8to evidence-based research. These materials shall be made
9available on the department of justice’s internet site to all
10treatment facilities and federally qualified health centers.
116. The sexual assault forensic examiner program, in
12collaboration with qualified medical providers, the Iowa
13 department of public health and human services, and the Iowa
14coalition against sexual assault, shall create and update
15statewide sexual assault examiner and sexual assault nurse
16examiner protocols, shall provide technical assistance upon
17request to health care professionals, and shall provide
18expertise on best practices to health care professionals
19relating to sexual assault forensic examinations.
20 Sec. 1353. Section 915.46, subsection 7, paragraph b, Code
212023, is amended to read as follows:
22b. Members of the advisory committee shall include staff
23members of the department of justice managing the sexual
24assault forensic examiner program; representatives from the
25department of public health and human services as determined
26by the director to be appropriate, the Iowa coalition against
27sexual assault, the board of nursing, and other constituencies
28as determined by the department of justice with an interest in
29sexual assault forensic examinations; and the hospital medical
30staff person involved with emergency services pursuant to
31section 915.82.
32 Sec. 1354. Section 915.83, subsection 4, Code 2023, is
33amended to read as follows:
344. Request from the department of health and human services,
35the department of workforce development and its division of
-886-1workers’ compensation, the department of public safety, the
2county sheriff departments, the municipal police departments,
3the county attorneys, or other public authorities or agencies
4reasonable assistance or data necessary to administer the crime
5victim compensation program.
6 Sec. 1355. Section 915.84, subsections 4, 5, and 6, Code
72023, are amended to read as follows:
84. Notwithstanding subsection 3, a victim under the age of
9eighteen or dependent adult as defined in section 235B.2 who
10has been sexually abused or subjected to any other unlawful
11sexual conduct under chapter 709 or 726 or who has been
12the subject of a forcible felony is not required to report
13the crime to the local police department or county sheriff
14department to be eligible for compensation if the crime was
15allegedly committed upon a child by a person responsible for
16the care of a child, as defined in section 232.68, subsection
178, or upon a dependent adult by a caretaker as defined
18in section 235B.2, and was reported to an employee of the
19department of health and human services and the employee
20verifies the report to the department.
215. When immediate or short-term medical services or mental
22health services are provided to a victim under section 915.35,
23the department of health and human services shall file the
24claim for compensation as provided in subsection 4 for the
25victim.
266. When immediate or short-term medical services to a victim
27are provided pursuant to section 915.35 by a professional
28licensed or certified by the state to provide such services,
29the professional shall file the claim for compensation,
30unless the department of health and human services is required
31to file the claim under this section. The requirement to
32report the crime to the local police department or county
33sheriff department under subsection 3 does not apply to this
34subsection.
35 Sec. 1356. 2020 Iowa Acts, chapter 1064, section 16,
-887-1subsection 1, paragraph d, subparagraph (1), is amended to read
2as follows:
3(1) Any debt, which is assigned to the department of health
4and human services, or which is owed to the department of
5health and human services for unpaid premiums under section
6249A.3, subsection 2, paragraph “a”, subparagraph (1), or
7which the child support recovery unit services is otherwise
8attempting to collect, or which the foster care recovery unit
9 services of the department of health and human services is
10attempting to collect on behalf of a child receiving foster
11care provided by the department of health and human services.
12 Sec. 1357. 2021 Iowa Acts, chapter 1098, section 92,
13subsection 1, is amended by striking the subsection.
14 Sec. 1358. REPEAL. Chapter 136, Code 2023, is repealed.
15 Sec. 1359. REPEAL. 2022 Iowa Acts, chapter 1098, section
1668, is repealed.
17 Sec. 1360. REPEAL. Sections 135.2, 135.3, 135.6, 135.7,
18135.8, 135.9, 135.10, 216A.2, 217.7, 217.9, 217.10, 217.15,
19217.16, 217.17, 218.19, 218.20, 218.40, 218.53, 218.54, 222.6,
20227.19, 231.22, and 234.2, Code 2023, are repealed.
21 Sec. 1361. CODE EDITOR DIRECTIVE. The Code editor is
22directed to do all of the following:
231. Make changes in the structure of any Code chapter
24including but not limited to chapter titles and subtitles to
25correspond with the changes made in this division of this
26Act in consultation with the department of health and human
27services.
282. Make changes in any Code sections amended or enacted
29by any other Act to correspond with the changes made in this
30division of this Act if there appears to be no doubt as to
31the proper method of making the changes and the changes would
32not be contrary to or inconsistent with the purposes of this
33division of this Act or any other Act.
343. Correct internal references in the Code and in enacted
35legislation as necessary due to the enactment of this division
-888-1of this Act.
2 Sec. 1362. CONTINGENT EFFECTIVE DATE. The following takes
3effect on the effective date of the rules adopted by the
4department of revenue pursuant to chapter 17A implementing 2020
5Iowa Acts, chapter 1064, other than transitional rules:
6The section of this division of this Act amending 2020 Iowa
7Acts, chapter 1064.
8DIVISION II
9DEPARTMENT OF ADMINISTRATIVE SERVICES
10LIBRARY SERVICES
11 Sec. 1363. NEW SECTION. 8A.204 State librarian.
121. The director shall appoint the state librarian who
13shall administer the duties of the department as it relates to
14library services.
152. The state librarian shall do all of the following:
16a. Organize, staff, and administer the department as it
17relates to library services so as to render the greatest
18benefit to libraries in the state.
19b. Submit a biennial report to the governor on the
20activities and an evaluation of the department as it relates to
21library services and its programs and policies.
22c. Control all library services-related property of the
23department. The state librarian may dispose of, through
24sale, conveyance, or exchange, any library materials that
25may be obsolete or worn out or that may no longer be needed
26or appropriate to the mission of the state library of Iowa.
27These materials may be sold by the state library directly or
28the library may sell the materials by consignment with an
29outside entity. A state library fund is created in the state
30treasury. Proceeds from the sale of the library materials
31shall be remitted to the treasurer of state and credited to the
32state library fund and shall be used for the purchase of books
33and other library materials. Notwithstanding section 8.33, any
34balance in the fund on June 30 of any fiscal year shall not
35revert to the general fund of the state.
-889- 1d. Perform other duties as assigned by the director or as
2imposed by law.
3 Sec. 1364. Section 256.1, subsection 4, Code 2023, is
4amended by striking the subsection.
5 Sec. 1365. Section 256.7, subsection 17, Code 2023, is
6amended by striking the subsection.
7 Sec. 1366. Section 256.50, subsection 2, Code 2023, is
8amended by striking the subsection.
9 Sec. 1367. Section 256.51, subsection 1, unnumbered
10paragraph 1, Code 2023, is amended to read as follows:
11The division of library services is attached to the
12department of education for administrative purposes. The state
13librarian shall be responsible for the division’s budgeting
14and related management functions in accordance with section
15256.52, subsection 3. The division department, as it relates
16to library services, shall do all of the following:
17 Sec. 1368. Section 256.51, subsection 1, paragraph e, Code
182023, is amended to read as follows:
19e. Develop and approve, in consultation with the area
20education agency media centers and the commission, a biennial
21unified plan of service and service delivery for the division
22of library services department.
23 Sec. 1369. Section 256.51, subsection 1, Code 2023, is
24amended by adding the following new paragraph:
25 NEW PARAGRAPH. m. Provide for the improvement of library
26services to all Iowa citizens and foster development and
27cooperation among libraries.
28 Sec. 1370. Section 256.51, subsection 2, Code 2023, is
29amended to read as follows:
302. The division department, as it relates to library
31services, may do all of the following:
32a. Enter into interstate library compacts on behalf of
33the state of Iowa with any state which legally joins in the
34compacts as provided in section 256.70.
35b. Receive and expend money for providing programs and
-890-1services. The division department may receive, accept, and
2administer any moneys appropriated or granted to it, separate
3from the general library fund, by the federal government or by
4any other public or private agency.
5c. Accept gifts, contributions, bequests, endowments,
6or other moneys, including but not limited to the Westgate
7endowment fund, for any or all purposes of the division
8 department as it relates to library services. Interest earned
9on moneys accepted under this paragraph shall be credited to
10the fund or funds to which the gifts, contributions, bequests,
11endowments, or other moneys have been deposited, and is
12available for any or all purposes of the division department as
13it relates to library services. The division department shall
14report annually to the commission and the general assembly
15regarding the gifts, contributions, bequests, endowments,
16or other moneys accepted pursuant to this paragraph and the
17interest earned on them.
18 Sec. 1371. Section 256.52, subsection 1, paragraph a,
19unnumbered paragraph 1, Code 2023, is amended to read as
20follows:
21The state commission of libraries consists of one member
22appointed by the supreme court, the director of the department
23of education, or the director’s designee, and the following
24seven members who shall be appointed by the governor to serve
25four-year terms beginning and ending as provided in section
2669.19.
27 Sec. 1372. Section 256.52, subsection 3, Code 2023, is
28amended by striking the subsection.
29 Sec. 1373. Section 256.52, subsection 4, Code 2023, is
30amended to read as follows:
314. The commission shall adopt rules under chapter 17A for
32carrying out the responsibilities of the division department as
33it relates to library services duties of the department.
34 Sec. 1374. Section 256.52, subsection 5, Code 2023, is
35amended by striking the subsection and inserting in lieu
-891-1thereof the following:
25. Advise the department and the state librarian concerning
3the library services duties of the department.
4 Sec. 1375. Section 256.53, Code 2023, is amended to read as
5follows:
6256.53 State publications.
7Upon issuance of a state publication in any format, a
8state agency shall provide the division department with
9an electronic version of the publication at no cost to the
10division department.
11 Sec. 1376. Section 256.54, subsection 2, unnumbered
12paragraph 1, Code 2023, is amended to read as follows:
13The law library shall be administered by a law librarian
14appointed by the state librarian subject to chapter 8A,
15 subchapter IV, who shall do all of the following:
16 Sec. 1377. Section 256.55, unnumbered paragraph 1, Code
172023, is amended to read as follows:
18A state data center is established in the division
19 department. The state data center shall be administered by
20the state data center coordinator, who shall do all of the
21following:
22 Sec. 1378. Section 256.55, subsection 3, Code 2023, is
23amended to read as follows:
243. Perform other duties imposed by law or prescribed by the
25commission department.
26 Sec. 1379. Section 256.57, Code 2023, is amended to read as
27follows:
28256.57 Enrich Iowa program.
291. An enrich Iowa program is established in the division
30 department to provide direct state assistance to public
31libraries, to support the open access and access plus programs,
32to provide public libraries with an incentive to improve
33library services that are in compliance with performance
34measures, and to reduce inequities among communities in the
35delivery of library services based on performance measures
-892-1adopted by rule by the commission. The commission shall
2adopt rules governing the allocation of funds appropriated by
3the general assembly for purposes of this section to provide
4direct state assistance to eligible public libraries. A public
5library is eligible for funds under this chapter subchapter if
6it is in compliance with the commission’s performance measures.
72. The amount of direct state assistance distributed to each
8eligible public library shall be based on the following:
9a. The level of compliance by the eligible public library
10with the performance measures adopted by the commission as
11provided in this section.
12b. The number of people residing within an eligible
13library’s geographic service area for whom the library provides
14services.
15c. The amount of other funding the eligible public library
16received in the previous fiscal year for providing services to
17rural residents and to contracting communities.
183. Moneys received by a public library pursuant to this
19section shall supplement, not supplant, any other funding
20received by the library.
214. For purposes of this section, “eligible public library”
22means a public library that meets all of the following
23requirements:
24a. Submits to the division department all of the following:
25(1) The report provided for under section 256.51,
26subsection 1, paragraph “h”.
27(2) An application and accreditation report, in a format
28approved by the commission department, that provides evidence
29of the library’s compliance with at least one level of the
30standards established in accordance with section 256.51,
31subsection 1, paragraph “k”.
32(3) Any other application or report the division department
33 deems necessary for the implementation of the enrich Iowa
34program.
35b. Participates in the library resource and information
-893-1sharing programs established by the state library.
2c. Is a public library established by city ordinance or a
3library district as provided in chapter 336.
45. Each eligible public library shall maintain a
5separate listing within its budget for payments received and
6expenditures made pursuant to this section, and shall annually
7submit this listing to the division department.
86. By January 15, annually, the division department shall
9submit a program evaluation report to the general assembly
10and the governor detailing the uses and the impacts of funds
11allocated under this section.
127. A public library that receives funds in accordance with
13this section shall have an internet use policy in place, which
14may or may not include internet filtering. The library shall
15submit a report describing the library’s internet use efforts
16to the division department.
178. A public library that receives funds in accordance
18with this section shall provide open access, the reciprocal
19borrowing program, as a service to its patrons, at a
20reimbursement rate determined by the state library.
219. Funds appropriated for purposes of this section shall not
22be used by the division department for administrative purposes.
23 Sec. 1380. Section 256.58, Code 2023, is amended to read as
24follows:
25256.58 Library support network.
261. A library support network is established in the division
27 department to offer services and programs for libraries,
28including but not limited to individualized, locally delivered
29consulting and training, and to facilitate resource sharing and
30innovation through the use of technology, administer enrich
31Iowa programs, advocate for libraries, promote excellence
32and innovation in library services, encourage governmental
33subdivisions to provide local financial support for local
34libraries, and ensure the consistent availability of quality
35service to all libraries throughout the state, regardless of
-894-1location or size.
22. The organizational structure to deliver library support
3network services shall include district offices. The district
4offices shall serve as a basis for providing field services
5to local libraries in the counties comprising the district.
6The division department shall determine which counties are
7served by each district office. The number of district offices
8established to provide services pursuant to this section shall
9be six.
10 Sec. 1381. Section 256.59, Code 2023, is amended to read as
11follows:
12256.59 Specialized library services.
13The specialized library services unit is established in
14the division department to provide information services to
15the three branches of state government and to offer focused
16information services to the general public in the areas of Iowa
17law, Iowa state documents, and Iowa history and culture.
18 Sec. 1382. Section 256.62, subsections 1, 3, and 4, Code
192023, are amended to read as follows:
201. The state librarian shall convene a library services
21advisory panel to advise and recommend to the commission and
22the division department evidence-based best practices, to
23assist the commission and division department to determine
24service priorities and launch programs, articulate the needs
25and interests of Iowa librarians, and share research and
26professional development information.
273. The library services advisory panel shall meet at least
28twice annually and shall submit its recommendations in a report
29to the commission department and the state librarian at least
30once annually. The report shall be timely submitted to allow
31for consideration of the recommendations prior to program
32planning and budgeting for the following fiscal year.
334. Members of the library services advisory panel shall
34receive actual and necessary expenses incurred in the
35performance of their duties. Expenses shall be paid from funds
-895-1appropriated to the department for purposes of the division.
2 Sec. 1383. Section 256.70, unnumbered paragraph 1, Code
32023, is amended to read as follows:
4The division of library services of the department of
5education is hereby authorized to enter into interstate
6library compacts on behalf of the state of Iowa with any state
7bordering on Iowa which legally joins therein in substantially
8the following form and the contracting states agree that:
9 Sec. 1384. Section 256.71, Code 2023, is amended to read as
10follows:
11256.71 Administrator.
12The administrator of the division of library services state
13librarian shall be the compact administrator. The compact
14administrator shall receive copies of all agreements entered
15into by the state or its political subdivisions and other
16states or political subdivisions; consult with, advise and aid
17such governmental units in the formulation of such agreements;
18make such recommendations to the governor, legislature,
19governmental agencies and units as the administrator deems
20desirable to effectuate the purposes of this compact and
21consult and cooperate with the compact administrators of other
22party states.
23 Sec. 1385. CODE EDITOR DIRECTIVE — LIBRARY SERVICES.
241. The Code editor is directed to make the following
25transfers:
26a. Section 256.50 to section 8A.201.
27b. Section 256.51 to section 8A.202.
28c. Section 256.52 to section 8A.203.
29d. Section 256.53 to section 8A.205.
30e. Section 256.54 to section 8A.206.
31f. Section 256.55 to section 8A.207.
32g. Section 256.56 to section 8A.208.
33h. Section 256.57 to section 8A.209.
34i. Section 256.58 to section 8A.210.
35j. Section 256.59 to section 8A.211.
-896- 1k. Section 256.62 to section 8A.221.
2l. Section 256.69 to section 8A.222.
3m. Section 256.70 to section 8A.231.
4n. Section 256.71 to section 8A.232.
5o. Section 256.72 to section 8A.233.
6p. Section 256.73 to section 8A.234.
72. The Code editor is directed to rename subchapter II and
8designate parts in chapter 8A as follows:
9a. Subchapter II shall be entitled “Library Services” and
10include sections 8A.201 through 8A.234.
11b. Subchapter II, part 1, shall be entitled “General
12Provisions” and include sections 8A.201 through 8A.211.
13c. Subchapter II, part 2, shall be entitled “Library
14Services Advisory Panel and Local Financial Support” and
15include sections 8A.221 through 8A.222.
16d. Subchapter II, new part 3, shall be entitled “Library
17Compact” and include sections 8A.231 through 8A.234.
183. The Code editor may modify subchapter and part titles if
19necessary and is directed to correct internal references in the
20Code as necessary due to enactment of this section.
21STATE RECORDS AND ARCHIVES
22 Sec. 1386. Section 163.37, subsection 3, Code 2023, is
23amended to read as follows:
243. Such records shall be maintained for a length of time as
25required by and pursuant to chapter 305 8A, subchapter VI, and
26at the point of concentration and shall be made available for
27inspection by the department at reasonable times.
28 Sec. 1387. Section 305.1, Code 2023, is amended to read as
29follows:
30305.1 Citation.
31This chapter subchapter shall be known and may be cited as
32the “State Archives and Records Act”.
33 Sec. 1388. Section 305.2, unnumbered paragraph 1, Code
342023, is amended to read as follows:
35As used in this chapter subchapter, unless the context
-897-1otherwise requires:
2 Sec. 1389. Section 305.3, subsection 2, Code 2023, is
3amended by striking the subsection.
4 Sec. 1390. Section 305.3, subsection 8, Code 2023, is
5amended to read as follows:
68. The director of the department of administrative
7services.
8 Sec. 1391. Section 305.7, Code 2023, is amended to read as
9follows:
10305.7 Administration Commission administration.
11The department of cultural affairs, through the state
12archives and records program, is the primary agency responsible
13for providing administrative personnel and services for the
14commission.
15 Sec. 1392. Section 305.8, subsection 1, paragraphs e, f, and
16g, Code 2023, are amended to read as follows:
17e. Adopt and maintain an interagency records manual
18containing the rules governing records management, as well as
19records series retention and disposition schedules, guidelines,
20and other information relating to implementation of this
21chapter subchapter.
22f. Make recommendations, in consultation with the department
23of administrative services, to the governor and the general
24assembly for the continued reduction of printed reports
25throughout state government in a manner that protects the
26public’s right to access such reports.
27g. Provide advice, counsel, and services to the legislative,
28judicial, and executive branch agencies subject to this chapter
29 subchapter on the care and management of state government
30records.
31 Sec. 1393. Section 305.8, subsection 2, paragraph a, Code
322023, is amended to read as follows:
33a. Examine records in the possession, constructive
34possession, or control of state agencies to carry out the
35purposes of this chapter subchapter.
-898-1 Sec. 1394. Section 305.9, subsection 1, unnumbered
2paragraph 1, Code 2023, is amended to read as follows:
3The department of cultural affairs shall do all of the
4following as it relates to state records and archives:
5 Sec. 1395. Section 305.9, subsection 1, paragraphs a and j,
6Code 2023, are amended to read as follows:
7a. Provide Administer the state archives and records
8program and provide administrative support to the state records
9commission through the state archives and records program.
10j. Provide advice, counsel, and services to the legislative,
11judicial, and executive branch agencies subject to this chapter
12 subchapter on the care and management of state government
13records.
14 Sec. 1396. Section 305.9, subsection 1, paragraph l,
15subparagraph (2), Code 2023, is amended to read as follows:
16(2) Upon request, the state archivist shall make a certified
17copy of any record in the legal custody or in the physical
18custody of the state archivist, or a certified transcript of
19any record if reproduction is inappropriate because of legal or
20physical considerations. If a copy or transcript is properly
21authenticated, it has the same legal effect as though certified
22by the officer from whose office it was transferred or by the
23secretary of state. The department of cultural affairs shall
24establish reasonable fees for certified copies or certified
25transcripts of records in the legal custody or physical custody
26of the state archivist.
27 Sec. 1397. Section 305.9, subsection 2, unnumbered
28paragraph 1, Code 2023, is amended to read as follows:
29The department of cultural affairs may do any of the
30following as it relates to state records and archives:
31 Sec. 1398. Section 305.10, subsection 1, paragraphs d and j,
32Code 2023, are amended to read as follows:
33d. Comply with requests from the state records commission
34or the state archives and records program to examine records
35in the possession, constructive possession, or control of the
-899-1agency in order to carry out the purposes of this chapter
2 subchapter.
3j. Provide for compliance with this chapter subchapter and
4the rules adopted by the state records commission.
5 Sec. 1399. Section 305.14, Code 2023, is amended to read as
6follows:
7305.14 Liability precluded.
8No member of the commission or head of an agency shall
9be held liable for damages or loss, or civil or criminal
10liability, because of the destruction of public records
11pursuant to the provisions of this chapter subchapter or any
12other law authorizing their destruction.
13 Sec. 1400. Section 305.15, Code 2023, is amended to read as
14follows:
15305.15 Exemptions — duties of state department of
16transportation and state board of regents.
17The state department of transportation and the agencies and
18institutions under the control of the state board of regents
19are exempt from the state records manual and the provisions
20of this chapter subchapter. However, the state department of
21transportation and the state board of regents shall adopt rules
22pursuant to chapter 17A for their employees, agencies, and
23institutions that are consistent with the objectives of this
24chapter subchapter. The rules shall be approved by the state
25records commission.
26 Sec. 1401. Section 305.16, subsections 1 and 3, Code 2023,
27are amended to read as follows:
281. Membership. The board shall consist of nine members
29appointed by the governor for three-year staggered terms.
30Members shall be eligible for reappointment. The members shall
31have experience in a field of research or an activity that
32administers or makes extensive use of historical records. The
33majority of the members shall have professional qualifications
34and experience in the administration of government records,
35historical records, or archives. The administrator of the
-900-1historical division of the department of cultural affairs
2 director shall serve as an ex officio member of the board.
33. Administration. The department of cultural affairs,
4through the state archives and records program, is the primary
5agency responsible for providing administrative personnel and
6services for the board.
7 Sec. 1402. CODE EDITOR DIRECTIVE — STATE RECORDS AND
8ARCHIVES.
91. The Code editor is directed to make the following
10transfers:
11a. Section 305.1 to section 8A.601.
12b. Section 305.2 to section 8A.602.
13c. Section 305.3 to section 8A.603.
14d. Section 305.4 to section 8A.604.
15e. Section 305.5 to section 8A.605.
16f. Section 305.6 to section 8A.606.
17g. Section 305.7 to section 8A.607.
18h. Section 305.8 to section 8A.608.
19i. Section 305.9 to section 8A.609.
20j. Section 305.10 to section 8A.610.
21k. Section 305.11 to section 8A.611.
22l. Section 305.12 to section 8A.612.
23m. Section 305.13 to section 8A.613.
24n. Section 305.14 to section 8A.614.
25o. Section 305.15 to section 8A.615.
26p. Section 305.16 to section 8A.616.
272.The Code editor is directed to create a new subchapter
28VI in chapter 8A as follows:Subchapter VI shall be entitled
29“State Records and Archives” and include sections 8A.601
30through 8A.616.
313. The Code editor may modify subchapter titles if necessary
32and is directed to correct internal references in the Code as
33necessary due to enactment of this section.
34Historical Resources
35 Sec. 1403. NEW SECTION. 8A.702 Departmental duties —
-901-1historical resources.
2The duties of the department as it relates to the historical
3resources of the state shall include all of the following:
41. Develop a comprehensive, coordinated, and efficient
5policy to preserve, research, interpret, and promote to the
6public an awareness and understanding of local, state, and
7regional history.
82. Administer and care for historical sites under the
9authority of the department, and maintain collections within
10these buildings.
11a. Except for the state board of regents, a state agency
12which owns, manages, or administers a historical site must
13enter into an agreement with the department under chapter 28E
14to ensure the proper management, maintenance, and development
15of the site.
16b. For the purposes of this section, “historical site”
17means any district, site, building, or structure listed on the
18national register of historic sites or identified as eligible
19for such status by the state historic preservation officer
20or that is identified according to established criteria by
21the state historic preservation officer as significant in
22national, state, and local history, architecture, engineering,
23archaeology, or culture.
243. Encourage and assist local, county, and state
25organizations and museums devoted to historical purposes.
264. Develop standards and criteria for the acquisition of
27historic properties and for the preservation, restoration,
28maintenance, operation, and interpretation of properties under
29the jurisdiction of the department.
305. Implement tourism-related art and history projects as
31directed by the general assembly.
326. Encourage the use of volunteers throughout the
33department as it relates to the historical resources of
34the state, especially for purposes of restoring books and
35manuscripts.
-902- 17. Publish matters of historical value to the public.
28. Buy or receive by other means historical materials
3including but not limited to artifacts, art, books,
4manuscripts, and images. Such materials are not personal
5property under sections 8A.321 and 8A.324 and shall be
6received and cared for under the rules of the department. The
7department may sell or otherwise dispose of those materials
8according to the rules of the department and be credited for
9any revenues credited by the disposal less the costs incurred.
109. Administer the historical resource development program
11established in section 8A.712.
1210. Administer, preserve, and interpret the battle
13flag collection assembled by the state in consultation and
14coordination with the department of veterans affairs. A
15portion of the battle flag collection shall be on display at
16the state capitol and the state historical building at all
17times, unless on loan approved by the department.
1811. Establish, maintain, and administer a digital
19collection of historical manuscripts, documents, records,
20reports, images, and artifacts and make the collection
21available to the public through an online research center.
2212. Perform such duties as required under chapter 305B.
23 Sec. 1404. Section 218.22, Code 2023, is amended to read as
24follows:
25218.22 Record privileged.
26Except with the consent of the administrator in charge
27of an institution, or on an order of a court of record, the
28record provided in section 218.21 shall be accessible only to
29the administrator of the division of the department of human
30services in control of such institution, the director of the
31department of human services and to assistants and proper
32clerks authorized by such administrator or the administrator’s
33director. The administrator of the division of such
34institution is authorized to permit the division of library
35services of the department of education and the historical
-903-1division of the department of cultural affairs administrative
2services to copy or reproduce by any photographic, photostatic,
3microfilm, microcard or other process which accurately
4reproduces a durable medium for reproducing the original and
5to destroy in the manner described by law such records of
6residents designated in section 218.21.
7 Sec. 1405. Section 303.5, unnumbered paragraph 1, Code
82023, is amended to read as follows:
9The state historical society administrator director may:
10 Sec. 1406. Section 303.5, subsection 1, Code 2023, is
11amended to read as follows:
121. Make and sign any agreements and perform any acts which
13are necessary, desirable, or proper to carry out the purpose
14of the division department as it relates to the historical
15resources of the state.
16 Sec. 1407. Section 303.7, Code 2023, is amended by striking
17the section and inserting in lieu thereof the following:
18303.7 State historical society.
191. As used in this subchapter, “state historical society”
20means a membership organization of the department that is open
21to members of the general public who are interested in the
22history of the state.
232. The state historical society board of trustees shall
24recommend to the director rules for membership of the general
25public in the state historical society, including rules
26relating to membership fees. Members shall be persons who
27indicate an interest in the history, progress, and development
28of the state and who pay the prescribed fee. The members
29of the state historical society may meet at least one time
30per year to further the understanding of the history of this
31state. The members of the society shall not determine policy
32for the department as it relates to the historical resources
33of the state but may advise the director and perform functions
34to stimulate interest in the history of this state among the
35general public. The society may perform other activities
-904-1related to history which are not contrary to this subchapter.
23. Unless designated otherwise, an application for
3membership in the state historical society, or a gift, bequest,
4devise, endowment, or grant to the state historical society or
5the department as it relates to the historical resources of the
6state shall be presumed to be to or in the department.
74. Notwithstanding section 633.63, the board may enter into
8agreements authorizing nonprofit foundations acting solely for
9the support of the state historical society or the department
10to administer the membership program of the state historical
11society and funds of the state historical society or the
12department as it relates to the historical resources of the
13state.
14 Sec. 1408. Section 303.8, subsection 1, paragraphs b and c,
15Code 2023, are amended to read as follows:
16b. Make recommendations to the division administrator
17 director on historically related matters.
18c. Review and recommend to the director or the director’s
19designee policy decisions regarding the division department as
20it relates to the historical resources of the state.
21 Sec. 1409. Section 303.8, Code 2023, is amended by adding
22the following new subsection:
23 NEW SUBSECTION. 3. The department may:
24a. By rule, establish advisory groups necessary for the
25receipt of federal funds or grants or the administration of
26any of the department’s programs relating to the historical
27resources of the state.
28b. Develop and implement fee-based educational programming
29opportunities, including preschool programs, related to arts,
30history, and other cultural matters for Iowans of all ages.
31 Sec. 1410. Section 303.9, subsections 1 and 3, Code 2023,
32are amended to read as follows:
331. All funds received by the department relating to the
34historical resources of the state, including but not limited
35to gifts, endowments, funds from the sale of memberships in
-905-1the state historical society, funds from the sale of mementos
2and other items relating to Iowa history as authorized under
3subsection 2, interest generated by the life membership
4trust fund, and fees, shall be credited to the account of
5the department and are appropriated to the department to
6be invested or used for programs and purposes under the
7authority of the department as it relates to the historical
8resources of the state. Interest earned on funds credited to
9the department, except funds appropriated to the department
10from the general fund of the state, shall be credited to the
11department. Section 8.33 does not apply to funds credited to
12the department under this section.
133. Notwithstanding section 633.63, the state historical
14society board of trustees may authorize nonprofit foundations
15acting solely for the support of the state historical society
16of Iowa department as it relates to the historical resources of
17the state to accept and administer trusts deemed by the board
18to be beneficial to the division’s department’s operations
19under this subchapter. The board and the foundation may act
20as trustees in such instances.
21 Sec. 1411. Section 303.9A, Code 2023, is amended to read as
22follows:
23303.9A Iowa heritage fund.
241. An Iowa heritage fund is created in the state treasury
25to be administered by the state historical society department.
26The fund shall consist of all moneys allocated to the fund by
27the treasurer of state.
282. Moneys in the fund shall be used in accordance with the
29following:
30a. Ninety percent shall be retained by the state historical
31society department and used to maintain and expand Iowa’s
32history curriculum, to provide teacher training in Iowa
33history, and to support museum exhibits, historic sites, and
34adult education programs.
35b. Five percent shall be retained by the state historical
-906-1society department to be used for start-up costs for the one
2hundred seventy-fifth and two hundredth anniversaries of Iowa
3statehood.
4c. Five percent shall be retained by the state historical
5society department to be used for the promotion of the sale
6of the Iowa heritage registration plate issued under section
7321.34.
8 Sec. 1412. Section 303.10, Code 2023, is amended to read as
9follows:
10303.10 Acceptance and use of money grants.
11All federal grants to and the federal receipts of the
12agencies receiving funds under this chapter subchapter are
13appropriated for the purpose set forth in the federal grants
14or receipts.
15 Sec. 1413. Section 303.11, Code 2023, is amended to read as
16follows:
17303.11 Gifts.
181. The division department may accept gifts and bequests
19which shall be used in accordance with the desires of the donor
20if expressed. Funds contained in an endowment fund for either
21the department of history and archives or the state historical
22society existing on July 1, 1974, remain an endowment of the
23division department. Gifts shall be accepted only on behalf
24of the division department, and gifts to a part, branch, or
25section of the division department are presumed to be gifts to
26the division department.
272. If publication of a book is financed by the endowment
28fund, this chapter subchapter does not prevent the return of
29moneys from sales of the book to the endowment fund.
30 Sec. 1414. Section 303.16, subsections 1 and 2, Code 2023,
31are amended to read as follows:
321. The historical division department shall administer a
33program of grants and loans for historical resource development
34throughout the state, subject to funds for such grants and
35loans being made available through the appropriations process
-907-1or otherwise provided by law.
22. The purpose of the historical resource development
3program is to preserve, conserve, interpret, and enhance
4historical resources that will encourage and support the
5economic and cultural health and development of the state and
6the communities in which the resources are located. For this
7purpose, the division department may make grants and loans as
8otherwise provided by law with funds as may be made available
9by applicable law.
10 Sec. 1415. Section 303.16, subsection 6, paragraphs b, f,
11and g, Code 2023, are amended to read as follows:
12b. A portion of the applicant’s operating expenses may
13be used as a cash match or in-kind match as specified by the
14division’s department’s rules.
15f. Grants under this program may be given only after review
16and recommendation by the state historical society board of
17trustees. The division department may contract with lending
18institutions chartered in this state to act as agents for the
19administration of loans under the program, in which case, the
20lending institution may have the right of final approval of
21loans, subject to the division’s department’s administrative
22rules. If the division department does not contract with
23a lending institution, loans may be made only after review
24and recommendation by the state historical society board of
25trustees.
26g. The division department shall not award grants or loans
27to be used for goods or services obtained outside the state,
28unless the proposed recipient demonstrates that it is neither
29feasible nor prudent to obtain the goods or services within the
30state.
31 Sec. 1416. Section 303.16, subsections 8 and 9, Code 2023,
32are amended to read as follows:
338. The division department may use ten percent of the annual
34appropriation allocation to the division historical resource
35grant and loan fund established in this section pursuant
-908-1to section 455A.19, but in no event more than seventy-five
2thousand dollars, for administration of the grant and loan
3program.
49. a. (1) The division department may establish a
5historical resource grant and loan fund composed of any
6money appropriated by the general assembly for that purpose,
7funds allocated pursuant to section 455A.19, and of any other
8moneys available to and obtained or accepted by the division
9 department from the federal government or private sources for
10placement in that fund. Each loan made under this section
11shall be for a period not to exceed ten years, shall bear
12interest at a rate determined by the state historical board,
13and shall be repayable to the revolving loan fund in equal
14yearly installments due March 1 of each year the loan is in
15effect. The interest rate upon loans for which payment is
16delinquent shall accelerate immediately to the current legal
17usury limit. Applicants are eligible for not more than one
18hundred thousand dollars in loans outstanding at any time under
19this program. A single lending institution contracting with
20the division department pursuant to this section shall not hold
21more than five hundred thousand dollars worth of outstanding
22loans under the program.
23(2) Any applicant, who is otherwise eligible, who receives
24a direct or indirect appropriation from the general assembly
25for a project or portion of a project is ineligible for a
26historical resources development grant for that same project
27during the fiscal year for which the appropriation is made.
28For purposes of this paragraph, “project” includes any related
29activities, including but not limited to construction,
30restoration, supplies, equipment, consulting, or other
31services.
32b. The division department may:
33(1) Contract and adopt administrative rules necessary to
34carry out the provisions of this section, but the division
35 department shall not in any manner directly or indirectly
-909-1pledge the credit of the state of Iowa.
2(2) Authorize payment from the historical resource grant
3and loan fund, from fees and from any income received by
4investments of money in the fund for costs, commissions,
5attorney fees and other reasonable expenses related to
6and necessary for making and protecting direct loans under
7this section, and for the recovery of moneys loaned or the
8management of property acquired in connection with such loans.
9 Sec. 1417. Section 303.16, subsection 10, paragraph b, Code
102023, is amended to read as follows:
11b. A country schools historical resource preservation
12grant program is therefore established to be administered by
13the historical division department for the preservation of
14one-room and two-room buildings once used as country schools.
15In developing grant approval criteria, the division department
16 shall place a priority on the educational uses planned for the
17country school building, which may include, but are not limited
18to, historical interpretation and use as a teaching museum or
19as an operational classroom accessible to a school district
20or accredited nonpublic school for provisional instructional
21purposes.
22 Sec. 1418. Section 305B.5, Code 2023, is amended to read as
23follows:
24305B.5 Notice of injury or loss.
25A museum shall give a lender or claimant prompt notice of
26any known injury to or loss of property on loan on a form for
27notice of injury loss adopted by rule by the department of
28administrative services. The department of cultural affairs
29shall adopt by rule a form for notice of injury or loss, no
30later than January 1, 1989, and shall distribute the rule
31and form to all identified museums in Iowa within sixty days
32after adoption of the rule. The notice shall be mailed to the
33lender’s or claimant’s last known address in event of injury
34or loss of property on loan to the museum. Published notice of
35injury or loss of undocumented property shall not be required.
-910-1 Sec. 1419. Section 305B.8, subsection 3, Code 2023, is
2amended to read as follows:
33. The department of cultural affairs administrative
4services shall adopt by rule a form for notice of intent to
5preserve an interest in property on loan to a museum. The
6form shall satisfy the requirements of subsection 1 and shall
7notify the claimant of the rights and procedures to preserve an
8interest in museum property. The form shall also facilitate
9recordkeeping and record retrieval by a museum. At a minimum
10the form shall provide a place for recording evidence of
11receipt of a notice by a museum, including the date of receipt,
12signature of the person receiving the notice, and the date on
13which a copy of the receipt is returned to the claimant.
14 Sec. 1420. Section 305B.11, subsection 2, Code 2023, is
15amended to read as follows:
162. The department of cultural affairs administrative
17services may by rule determine the minimum form and substance
18of recordkeeping by museums with regard to museum property to
19implement this chapter.
20 Sec. 1421. Section 321.34, subsection 25, paragraph b, Code
212023, is amended to read as follows:
22b. An owner referred to in subsection 12, upon written
23application to the department, may order special registration
24plates with a civil war sesquicentennial processed emblem. The
25special plate fees collected by the director under subsection
2612, paragraphs “a” and “c”, from the issuance and annual
27validation of letter-number designated and personalized civil
28war sesquicentennial plates shall be paid monthly to the
29treasurer of state and deposited in the road use tax fund. The
30treasurer of state shall transfer monthly from the statutory
31allocations fund created under section 321.145, subsection 2,
32to the department of cultural affairs administrative services
33 the amount of the special fees collected under subsection
3412, paragraph “a”, in the previous month for civil war
35sesquicentennial plates, and such funds are appropriated to the
-911-1department of cultural affairs administrative services to be
2used for the Iowa battle flag project.
3 Sec. 1422. Section 423.3, subsection 34, Code 2023, is
4amended to read as follows:
534. The sales price from sales of mementos and other items
6relating to Iowa history and historic sites by the department
7of cultural affairs administrative services on the premises of
8property under its control and at the state capitol.
9 Sec. 1423. Section 427.16, subsection 7, paragraph b, Code
102023, is amended to read as follows:
11b. A historical site as defined in section 303.2 8A.702.
12 Sec. 1424. Section 455A.19, subsection 1, paragraph f, Code
132023, is amended to read as follows:
14f. Five percent shall be allocated to the historical
15resource grant and loan fund established pursuant to section
16303.16. The department of cultural affairs administrative
17services shall use the moneys allocated to this fund to
18implement historical resource development programs as provided
19under section 303.16.
20 Sec. 1425. Section 904.601, subsection 1, Code 2023, is
21amended to read as follows:
221. The director shall keep the following record
23of every person committed to any of the department’s
24institutions: Name, residence, sex, age, place of birth,
25occupation, civil condition, date of entrance or commitment,
26date of discharge, whether a discharge is final, condition of
27the person when discharged, the name of the institutions from
28which and to which the person has been transferred, and if the
29person is dead, the date and cause of death. The director may
30permit the division of library services of the department of
31education and the historical division of the department of
32cultural affairs administrative services to copy or reproduce
33by any photographic, photostatic, microfilm, microcard, or
34other process which accurately reproduces in a durable medium
35and to destroy in the manner described by law the records of
-912-1inmates required by this paragraph.
2 Sec. 1426. 2012 Iowa Acts, chapter 1136, section 27,
3subsection 1, is amended to read as follows:
41. A battle flag restoration fund is created and established
5as a separate and distinct fund in the state treasury under the
6control of the department of cultural affairs administrative
7services. The moneys in the fund are appropriated to the
8department for purposes of continuing the project recommended
9by the Iowa battle flag advisory committee to stabilize the
10condition of the battle flag collection. Moneys in the fund
11shall not be subject to appropriation for any other purpose by
12the general assembly, but shall be used only for the purposes
13of the battle flag restoration fund.
14 Sec. 1427. CODE EDITOR DIRECTIVE — HISTORICAL RESOURCES.
151. The Code editor is directed to make the following
16transfers:
17a. Section 303.4 to section 8A.703.
18b. Section 303.5 to section 8A.704.
19c. Section 303.6 to section 8A.705.
20d. Section 303.7 to section 8A.706.
21e. Section 303.8 to section 8A.707.
22f. Section 303.9 to section 8A.708.
23g. Section 303.9A to section 8A.709.
24h. Section 303.10 to section 8A.710.
25i. Section 303.11 to section 8A.711.
26j. Section 303.16 to section 8A.712.
272.The Code editor is directed to create a new subchapter
28VII in chapter 8A as follows:Subchapter VII shall be entitled
29“Historical Resources” and include sections 8A.702 through
308A.712.
313. The Code editor may modify subchapter titles if necessary
32and is directed to correct internal references in the Code as
33necessary due to enactment of this section.
34DIVISION III
35DEPARTMENT OF INSPECTIONS, APPEALS, AND LICENSING
-913-1organization — general provisions
2 Sec. 1428. Section 7E.5, subsection 1, paragraphs d and h,
3Code 2023, are amended to read as follows:
4d. The department of inspections, and appeals, and
5licensing, created in section 10A.102, which has primary
6responsibility for licensing, administering the laws
7relating to employment safety, labor standards, and workers’
8compensation, and coordinating the conducting of various
9inspections, investigations, appeals, hearings, and audits.
10h. The department of workforce development, created
11in section 84A.1, which has primary responsibility for
12administering the laws relating to unemployment compensation
13insurance, job placement and training, employment safety, labor
14standards, workers’ compensation, and related matters.
15 Sec. 1429. Section 10A.101, subsections 2 and 3, Code 2023,
16are amended to read as follows:
172. “Department” means the department of inspections, and
18 appeals, and licensing.
193. “Director” means the director of inspections, and
20 appeals, and licensing.
21 Sec. 1430. Section 10A.102, Code 2023, is amended to read
22as follows:
2310A.102 Department established.
24The department of inspections, and appeals, and licensing is
25established. The director of the department shall be appointed
26by the governor to serve at the pleasure of the governor
27subject to confirmation by the senate no less frequently than
28every four years, whether or not there has been a new director
29appointed during that time. If the office becomes vacant, the
30vacancy shall be filled in the same manner as provided for the
31original appointment.
32 Sec. 1431. Section 10A.103, Code 2023, is amended to read
33as follows:
3410A.103 Purpose of the department.
35The department is created for the purpose of coordinating
-914-1and conducting various audits, appeals, hearings, inspections,
2and investigations, and licensing activities related to the
3operations of the executive branch of state government, and
4administering the laws relating to employment safety, labor
5standards, and workers’ compensation.
6 Sec. 1432. Section 10A.104, subsections 2 and 5, Code 2023,
7are amended to read as follows:
82. Appoint the administrators of the divisions within
9the department and all other personnel deemed necessary for
10the administration of this chapter, except the state public
11defender, assistant state public defenders, administrator
12of the racing and gaming commission, labor commissioner,
13workers’ compensation commissioner, director of the Iowa
14state civil rights commission, and members of the employment
15appeal board, and administrator of the child advocacy board
16created in section 237.16. All persons appointed and employed
17in the department are covered by the provisions of chapter
188A, subchapter IV, but persons not appointed by the director
19are exempt from the merit system provisions of chapter 8A,
20subchapter IV.
215. Adopt Except for rules required or authorized by law
22to be adopted by another entity, adopt rules deemed necessary
23for the implementation and administration of this chapter in
24accordance with chapter 17A.
25 Sec. 1433. Section 10A.104, Code 2023, is amended by adding
26the following new subsections:
27 NEW SUBSECTION. 15. To adopt rules, in consultation with
28the state fire marshal, designating a fee to be assessed
29to each building, structure, or facility for which a fire
30safety inspection or plan review is required by law. The fee
31designated by rule shall be set in an amount that is reasonably
32related to the costs of conducting the applicable inspection
33or plan review. The fees collected shall be deposited in the
34general fund of the state.
35 NEW SUBSECTION. 16. Serve as the state building code
-915-1commissioner pursuant to section 103A.4 and administer chapters
2101, 101A, 101B, 103, 103A, 104A, 104B, and 105.
3 NEW SUBSECTION. 17. Establish, publish, and enforce
4rules not inconsistent with law for the enforcement of those
5provisions of Title IV, subtitle 2, the administration and
6supervision of which are imposed upon the department.
7 NEW SUBSECTION. 18. Enforce the law relative to
8“Health-related Professions”, Title IV, subtitle 3, excluding
9chapter 147A.
10 NEW SUBSECTION. 19. Regulate and supervise real estate
11appraisers under chapter 543D and real estate appraisal
12management companies under chapter 543E.
13 Sec. 1434. Section 10A.106, Code 2023, is amended to read
14as follows:
1510A.106 Divisions of the department.
161. The department is comprised of the following divisions:
17a. Administrative administrative hearings division.
18b. Investigations, labor services division.
19c. Health facilities, workers’ compensation division, and
20other divisions as appropriate.
212. The allocation of departmental duties to the divisions of
22the department in sections 10A.402, 10A.702, sections 10A.202,
2310A.301, and 10A.801 does not prohibit the director from
24reallocating departmental duties within the department.
25 Sec. 1435. NEW SECTION. 10A.109 Statutory board,
26commission, committee, or council — teleconference option.
27Any statutorily established board, commission, committee,
28or council established under the purview of the department
29relative to “Health-related Professions”, Title IV, subtitle
303, excluding chapter 147A, shall provide for a teleconference
31option for board, commission, committee, or council members to
32participate in official meetings.
33 Sec. 1436. Section 10A.402, unnumbered paragraph 1, Code
342023, is amended to read as follows:
35The administrator director shall coordinate the division’s
-916-1 department’s conduct of various audits and investigations as
2provided by law including but not limited to the following:
3 Sec. 1437. Section 10A.403, Code 2023, is amended to read
4as follows:
510A.403 Investigators — peace officer status.
6Investigators of the division department shall have the
7powers and authority of peace officers when acting within the
8scope of their responsibilities to conduct investigations as
9specified in section 10A.402, subsection 5. An investigator
10shall not carry a weapon to perform responsibilities as
11described in this section.
12 Sec. 1438. Section 10A.601, subsection 1, Code 2023, is
13amended to read as follows:
141. A full-time employment appeal board is created within the
15department of inspections, and appeals, and licensing, to hear
16and decide contested cases under chapter 8A, subchapter IV, and
17chapters 80, 88, 91C, 96, and 97B.
18 Sec. 1439. Section 10A.702, unnumbered paragraph 1, Code
192023, is amended to read as follows:
20The administrator director shall coordinate the division’s
21 department’s conduct of various inspections and investigations
22as otherwise provided by law including, but not limited to, all
23of the following:
24 Sec. 1440. Section 10A.702, subsection 2, Code 2023, is
25amended to read as follows:
262. Inspections and other licensing procedures relative to
27the hospice program, hospitals, and health care facilities.
28The division department is designated as the sole licensing
29authority for these programs and facilities.
30 Sec. 1441. Section 10A.801, subsection 1, unnumbered
31paragraph 1, Code 2023, is amended to read as follows:
32For purposes of this article subchapter, unless the context
33otherwise requires:
34 Sec. 1442. Section 10A.801, subsection 1, paragraph b, Code
352023, is amended to read as follows:
-917- 1b. “Division” means the administrative hearings division of
2the department of inspections, and appeals, and licensing.
3 Sec. 1443. Section 84A.1, subsection 3, Code 2023, is
4amended to read as follows:
53. a. The director of the department of workforce
6development shall, subject to the requirements of section
784A.1B, prepare, administer, and control the budget of the
8department and its divisions and shall approve the employment
9of all personnel of the department and its divisions.
10b. The director of the department of workforce development
11shall direct the administrative and compliance functions and
12control the docket of the division of workers’ compensation.
13 Sec. 1444. Section 84A.5, subsections 4 and 5, Code 2023,
14are amended by striking the subsections.
15 Sec. 1445. REPEAL. Sections 10A.401 and 10A.701, Code 2023,
16are repealed.
17 Sec. 1446. CODE EDITOR DIRECTIVE.
181. The Code editor is directed to make the following
19transfers:
20a. Section 135.61 to section 10A.711.
21b. Section 135.62 to section 10A.712.
22c. Section 135.63 to section 10A.713.
23d. Section 135.64 to section 10A.714.
24e. Section 135.65 to section 10A.715.
25f. Section 135.66 to section 10A.716.
26g. Section 135.67 to section 10A.717.
27h. Section 135.68 to section 10A.718.
28i. Section 135.69 to section 10A.719.
29j. Section 135.70 to section 10A.720.
30k. Section 135.71 to section 10A.721.
31l. Section 135.72 to section 10A.722.
32m. Section 135.73 to section 10A.723.
33n. Section 135.74 to section 10A.724.
34o. Section 135.75 to section 10A.725.
35p. Section 135.76 to section 10A.726.
-918- 1q. Section 135.78 to section 10A.727.
2r. Section 135.79 to section 10A.728.
3s. Section 135.83 to section 10A.729.
42. The Code editor is directed to rename and retitle article
5I of chapter 10A as follows:
6Subchapter I GENERAL PROVISIONS
73. The Code editor is directed to rename and retitle article
8IV of chapter 10A as follows:
9Subchapter IV INVESTIGATIONS
104. The Code editor is directed to rename article VI of
11chapter 10A as subchapter VI.
125. The Code editor is directed to rename and retitle article
13VII of chapter 10A and designate parts as follows:
14a. Subchapter VII shall be entitled HEALTH FACILITIES and
15include sections 10A.702 through 10A.729.
16b. Subchapter VII, part 1, shall be entitled GENERAL
17PROVISIONS and include section 10A.702.
18c. Subchapter VII, part 2, shall be entitled HEALTH
19FACILITIES COUNCIL and include sections 10A.711 through
2010A.729.
216. The Code editor is directed to rename article VIII of
22chapter 10A as subchapter VIII.
237. The Code editor shall correct internal references in the
24Code and in any enacted legislation as necessary due to the
25enactment of this section.
26LABOR SERVICES
27 Sec. 1447. NEW SECTION. 10A.200 Definitions.
28As used in this subchapter, unless the context otherwise
29requires:
301. “Commissioner” means the labor commissioner appointed
31pursuant to section 10A.203, or the commissioner’s designee.
322. “Division” means the division of labor services of the
33department of inspections, appeals, and licensing.
34 Sec. 1448. NEW SECTION. 10A.202 Labor services —
35responsibilities.
-919- 11. The division is responsible for the administration of
2the laws of this state under chapters 88 and 89B and sections
385.67A and 85.68, and such other duties assigned to the
4division or commissioner. The executive head of the division
5is the commissioner, appointed pursuant to section 10A.203.
62. The department is responsible for the administration of
7the laws of this state under chapters 88A, 88B, 89, 89A, 90A,
891A, 91C, 91D, 91E, 92, and such other labor-services duties
9assigned to the department or director.
10 Sec. 1449. Section 73A.21, subsection 1, paragraphs a and b,
11Code 2023, are amended by striking the paragraphs.
12 Sec. 1450. Section 73A.21, subsections 5, 6, 8, and 9, Code
132023, are amended to read as follows:
145. The commissioner director and the division department
15 shall administer and enforce this section, and the commissioner
16 director shall adopt rules for the administration and
17enforcement of this section as provided in section 91.6.
186. The commissioner director shall have the following
19powers and duties for the purposes of this section:
20a. The commissioner director may hold hearings and
21investigate charges of violations of this section.
22b. The commissioner director may, consistent with due
23process of law, enter any place of employment to inspect
24records concerning labor force residency, to question
25an employer or employee, and to investigate such facts,
26conditions, or matters as are deemed appropriate in determining
27whether any person has violated the provisions of this section.
28The commissioner director shall only make such an entry in
29response to a written complaint.
30c. The commissioner director shall develop a written
31complaint form applicable to this section and make it available
32in division department offices and on the department of
33workforce development’s department’s internet site.
34d. The commissioner director may sue for injunctive relief
35against the awarding of a contract, the undertaking of a public
-920-1improvement, or the continuation of a public improvement in
2response to a violation of this section.
3e. The commissioner director may investigate and ascertain
4the residency of a worker engaged in any public improvement in
5this state.
6f. The commissioner director may administer oaths, take
7or cause to be taken deposition of witnesses, and require
8by subpoena the attendance and testimony of witnesses and
9the production of all books, registers, payrolls, and other
10evidence relevant to a matter under investigation or hearing.
11g. The commissioner director may employ qualified personnel
12as are necessary for the enforcement of this section. Such
13personnel shall be employed pursuant to the merit system
14provisions of chapter 8A, subchapter IV.
15h. The commissioner director shall require a contractor or
16subcontractor to file, within ten days of receipt of a request,
17any records enumerated in subsection 7. If the contractor or
18subcontractor fails to provide the requested records within ten
19days, the commissioner director may direct, within fifteen days
20after the end of the ten-day period, the fiscal or financial
21office charged with the custody and disbursement of funds of
22the public body that contracted for construction of the public
23improvement or undertook the public improvement, to immediately
24withhold from payment to the contractor or subcontractor
25up to twenty-five percent of the amount to be paid to the
26contractor or subcontractor under the terms of the contract
27or written instrument under which the public improvement is
28being performed. The amount withheld shall be immediately
29released upon receipt by the public body of a notice from
30the commissioner indicating that the request for records as
31required by this section has been satisfied.
328. Any person or entity that violates the provisions of
33this section is subject to a civil penalty in an amount not
34to exceed one thousand dollars for each violation found in
35a first investigation by the division department, not to
-921-1exceed five thousand dollars for each violation found in a
2second investigation by the division department, and not to
3exceed fifteen thousand dollars for a third or subsequent
4violation found in any subsequent investigation by the division
5 department. Each violation of this section for each worker and
6for each day the violation continues constitutes a separate and
7distinct violation. In determining the amount of the penalty,
8the division department shall consider the appropriateness of
9the penalty to the person or entity charged, upon determination
10of the gravity of the violations. The collection of these
11penalties shall be enforced in a civil action brought by the
12attorney general on behalf of the division department.
139. A party seeking review of the division’s department’s
14 determination pursuant to this section may file a written
15request for an informal conference. The request must be
16received by the division department within fifteen days
17after the date of issuance of the division’s department’s
18 determination. During the conference, the party seeking
19review may present written or oral information and arguments
20as to why the division’s department’s determination should be
21amended or vacated. The division department shall consider
22the information and arguments presented and issue a written
23decision advising all parties of the outcome of the conference.
24 Sec. 1451. Section 91.2, Code 2023, is amended to read as
25follows:
2691.2 Appointment Labor commissioner — appointment.
27The governor shall appoint, subject to confirmation by the
28senate, a labor commissioner who shall serve for a period of
29six years beginning and ending as provided in section 69.19 at
30the pleasure of the governor. If the office becomes vacant,
31the vacancy shall be filled in the same manner as provided for
32the original appointment.
33 Sec. 1452. Section 91.4, Code 2023, is amended to read as
34follows:
3591.4 Duties and powers — labor services.
-922- 11. The duties of said the commissioner or director, as
2applicable, pursuant to this subchapter shall be as follows:
3a. To safely keep all records, papers, documents,
4correspondence, and other property pertaining to or coming into
5the commissioner’s or director’s hands by virtue of the office,
6and deliver the same to the commissioner’s or director’s
7 successor, except as otherwise provided.
8b. To collect, assort, and systematize statistical details
9relating to programs of the division of labor services or
10department under this subchapter.
11c. To issue from time to time bulletins containing
12information of importance to the industries of the state and
13to the safety of wage earners.
14d. To conduct and to cooperate with other interested persons
15and organizations in conducting educational programs and
16projects on employment safety.
17e. 2. To The commissioner shall serve as an ex officio
18member of the state fire service and emergency response council
19created in section 100B.1, or shall appoint a designee to serve
20as an ex officio member of such council, to assist the council
21in the development of rules relating to fire fighting training
22standards and any other issues relating to occupational safety
23and health standards for fire fighters.
242. 3. The director of the department of workforce
25development, in consultation with the labor commissioner,
26shall, at the time provided by law, make an annual report to
27the governor setting forth in appropriate form the business and
28expense of the division of labor services and department under
29this subchapter for the preceding year, the number of remedial
30actions taken under chapter 89A, the number of disputes or
31violations processed by the division or department and the
32disposition of the disputes or violations, and other matters
33pertaining to the division or department under this subchapter
34 which are of public interest, together with recommendations for
35change or amendment of the laws in this chapter and chapters
-923-188, 88A, 88B, 89, 89A, 89B, 90A, 91A, 91C, 91D, 91E, and
2 92, and 94A, and section sections 85.67A, and 85.68, and the
3recommendations, if any, shall be transmitted by the governor
4to the first general assembly in session after the report is
5filed.
63. 4. The commissioner or director, as applicable, with the
7assistance of the office of the attorney general if requested
8by the commissioner or director, may commence a civil action
9in any court of competent jurisdiction to enforce the statutes
10under the commissioner’s or director’s jurisdiction under this
11subchapter.
124. 5. The division of labor services or department, as
13applicable, may sell documents printed by the division or
14department as it relates to this subchapter at cost according
15to rules established by the labor commissioner or director
16 pursuant to chapter 17A. Receipts from the sale shall be
17deposited to the credit of the division department and may
18be used by the division for administrative expenses of the
19division and department under this subchapter.
205. 6. Except as provided in chapter 91A, the commissioner
21or director, as applicable, may recover interest, court costs,
22and any attorney fees incurred in recovering any amounts due
23under this subchapter. The recovery shall only take place
24after final agency action is taken under chapter 17A, or upon
25judicial review, after final disposition of the case by the
26court. Attorney fees recovered in an action brought under
27the jurisdiction of the commissioner or director under this
28subchapter shall be deposited in the general fund of the state.
29The commissioner is and director are exempt from the payment of
30any filing fee or other court costs including but not limited
31to fees paid to county sheriffs.
326. 7. The commissioner or director may establish rules
33pursuant to chapter 17A to assess and collect interest on fees,
34penalties, and other amounts due the division or department,
35as applicable, under this subchapter. The commissioner or
-924-1director may delay or, following written notice, deny the
2issuance of a license, commission, registration, certificate,
3or permit authorized under chapter 88A, 89, 89A, 90A, or
4 91C, or 94A if the applicant for the license, commission,
5registration, certificate, or permit owes a liquidated debt to
6the commissioner or director.
7 Sec. 1453. Section 91.5, Code 2023, is amended to read as
8follows:
991.5 Other duties — jurisdiction in general.
10The As provided by this subchapter, the commissioner
11or director shall have jurisdiction and it shall be the
12commissioner’s or director’s duty to supervise the enforcement
13of:
141. All laws relating to safety appliances and inspection
15thereof and health conditions in manufacturing and mercantile
16establishments, workshops, machine shops, other industrial
17concerns within the commissioner’s jurisdiction and sanitation
18and shelter for railway employees.
192. All laws of the state relating to child labor.
203. All laws relating to employment agencies.
214. Such other provisions of law as are now or shall
22hereafter be relating to this subchapter within the
23commissioner’s or director’s jurisdiction.
24 Sec. 1454. Section 91.6, Code 2023, is amended to read as
25follows:
2691.6 Rules Labor commissioner — rules.
27The commissioner shall adopt rules pursuant to chapter 17A
28for the purpose of administering this chapter and all other
29 chapters under the commissioner’s jurisdiction as provided in
30section 10A.202, subsection 1.
31 Sec. 1455. Section 91.8, Code 2023, is amended to read as
32follows:
3391.8 Traveling expenses.
34The director, commissioner, inspectors, and other employees
35of the office division or department shall be allowed their
-925-1necessary traveling expenses while in the discharge of their
2duties under this subchapter.
3 Sec. 1456. Section 91.9, Code 2023, is amended to read as
4follows:
591.9 Right to enter premises.
6The labor director, commissioner, and the inspectors shall
7have the power to enter any factory or mill, workshop, mine,
8store, railway facility, including locomotive or caboose,
9business house, or public or private work, when the same is
10open or in operation, for the purpose of gathering facts and
11statistics such as are contemplated by this chapter subchapter,
12and to examine into the methods of protection from danger to
13employees, and the sanitary conditions in and around such
14buildings and places, and make a record thereof.
15 Sec. 1457. Section 91.10, Code 2023, is amended to read as
16follows:
1791.10 Power to secure evidence.
18The labor director or commissioner, or the commissioner’s
19designee as applicable, may issue subpoenas, administer
20oaths, and take testimony in all matters relating to the
21duties required of them the director or commissioner under
22this subchapter. Witnesses subpoenaed and testifying before
23the director or commissioner or the commissioner’s designee
24 shall be paid the same fees as witnesses under section 622.69,
25payment to be made out of the funds appropriated to the
26department or division of labor services, as applicable.
27 Sec. 1458. Section 91.11, Code 2023, is amended to read as
28follows:
2991.11 Prosecutions for violations — labor services.
301. If the director or commissioner learns of any violation
31of any law administered by the department or division under
32this subchapter, the director or commissioner may give the
33county attorney of the county in which the violation occurred
34written notice of the facts, whereupon that officer shall
35institute the proper proceedings against the person charged
-926-1with the offense.
22. If the director or commissioner is of the opinion
3that the violation is not willful, or is an oversight or of
4a trivial nature, the director or commissioner may at the
5director’s or commissioner’s discretion fix a time within
6which the violation shall be corrected and notify the owner,
7operator, superintendent, or person in charge. If the
8violation is corrected within the time fixed, then the director
9or commissioner shall not cause prosecution to be begun.
10 Sec. 1459. Section 91.15, Code 2023, is amended to read as
11follows:
1291.15 Definition of additional terms.
13The expressions “factory”, “mill”, “workshop”, “mine”,
14“store”, “railway”, “business house”, and “public or private
15work”, as used in this chapter subchapter, shall be construed
16to mean any factory, mill, workshop, mine, store, railway,
17business house, or public or private work, where wage earners
18are employed for a compensation.
19 Sec. 1460. Section 91.16, Code 2023, is amended to read as
20follows:
2191.16 Violations — penalties.
22Persons violating any of the provisions of this chapter
23 subchapter shall be punished as in this section provided,
24respectively:
251. Any owner, superintendent, manager, or person in charge
26of any factory, mill, workshop, store, mine, hotel, restaurant,
27cafe, railway, business house, or public or private work, who
28shall refuse to allow the labor director, commissioner, or any
29inspector or employee of the department or division of labor
30services to enter the same, or who shall hinder or deter the
31director, commissioner, inspector, or employee in collecting
32information which it is that person’s duty to collect shall be
33guilty of a simple misdemeanor.
342. Any officer or employee of the department or division
35of labor services, or any person making unlawful use of names
-927-1or information obtained under this subchapter by virtue of the
2person’s office, shall be guilty of a serious misdemeanor.
33. Any owner, operator, or manager of a factory, mill,
4workshop, mine, store, railway, business house, or public or
5private work, who shall neglect or refuse for thirty days
6after receipt of notice from the director or commissioner to
7furnish any reports or returns the director or commissioner may
8require to enable the director or commissioner to discharge the
9director’s or commissioner’s duties under this subchapter shall
10be guilty of a simple misdemeanor.
11 Sec. 1461. REPEAL. Section 91.1, Code 2023, is repealed.
12 Sec. 1462. CODE EDITOR DIRECTIVE.
131. The Code editor is directed to make the following
14transfers:
15a. Section 91.2 to section 10A.203.
16b. Section 91.4 to section 10A.204.
17c. Section 91.5 to section 10A.205.
18d. Section 91.6 to section 10A.206.
19e. Section 91.8 to section 10A.207.
20f. Section 91.9 to section 10A.208.
21g. Section 91.10 to section 10A.209.
22h. Section 91.11 to section 10A.210.
23i. Section 91.15 to section 10A.201.
24j. Section 91.16 to section 10A.211.
25k. Section 73A.21 to section 8A.311B.
262.The Code editor is directed to rename article II in
27chapter 10A as follows:
28Article II shall be subchapter II and shall be entitled
29“Labor Services” and include sections 10A.200 through 10A.211.
303. The Code editor may modify subchapter titles if necessary
31and is directed to correct internal references in the Code as
32necessary due to enactment of this section.
33WORKERS’ COMPENSATION
34 Sec. 1463. NEW SECTION. 10A.301 Definitions.
35As used in this subchapter, unless the context otherwise
-928-1requires:
21. “Commissioner” means the workers’ compensation
3commissioner appointed pursuant to section 86.1, or the
4commissioner’s designee.
52. “Division” means the division of workers’ compensation of
6the department of inspections, appeals, and licensing.
7 Sec. 1464. NEW SECTION. 10A.302 Workers’ compensation —
8responsibilities.
9The division is responsible for the administration of the
10laws of this state relating to workers’ compensation under this
11subchapter and chapters 85, 85A, 85B, and 87. The executive
12head of the division is the workers’ compensation commissioner,
13appointed pursuant to section 86.1.
14 Sec. 1465. Section 86.1, Code 2023, is amended to read as
15follows:
1686.1 Workers’ compensation commissioner — term appointment.
17The governor shall appoint, subject to confirmation by the
18senate, a workers’ compensation commissioner whose term of
19office who shall be six years beginning and ending as provided
20in section 69.19 serve at the pleasure of the governor. The
21workers’ compensation commissioner shall maintain an office
22at the seat of government. If the office becomes vacant, the
23vacancy shall be filled in the same manner as provided for the
24original appointment. The workers’ compensation commissioner
25must be a lawyer admitted to practice in this state.
26 Sec. 1466. Section 86.7, Code 2023, is amended to read as
27follows:
2886.7 Interest in affected business.
29It shall be unlawful for the commissioner to be financially
30interested in any business enterprise coming under or affected
31by this chapter subchapter during the commissioner’s term of
32office, and if the commissioner violates this statute, it shall
33be sufficient grounds for removal from office, and in such
34case the governor shall at once declare the office vacant and
35appoint another to fill the vacancy.
-929-1 Sec. 1467. Section 86.8, subsection 1, paragraph a, Code
22023, is amended to read as follows:
3a. Adopt and enforce rules necessary to implement this
4chapter subchapter and chapters 85, 85A, 85B, and 87.
5 Sec. 1468. Section 86.9, subsections 1 and 2, Code 2023, are
6amended to read as follows:
71. The director of the department of workforce development,
8in consultation with the commissioner, shall, at the time
9provided by law, make an annual report to the governor setting
10forth in appropriate form the business and expense of the
11division of workers’ compensation for the preceding year, the
12number of claims processed by the division and the disposition
13of the claims, and other matters pertaining to the division
14which are of public interest, together with recommendations
15for change or amendment of the laws in this chapter subchapter
16 and chapters 85, 85A, 85B, and 87, and the recommendations, if
17any, shall be transmitted by the governor to the first general
18assembly in session after the report is filed.
192. The commissioner, after consultation with the director
20of the department of workforce development, may compile an
21annual report setting forth the final decisions, rulings, and
22orders of the division for the preceding year and setting forth
23other matters or information which the commissioner considers
24desirable for publication.
25 Sec. 1469. Section 86.13, subsection 1, Code 2023, is
26amended to read as follows:
271. If an employer or insurance carrier pays weekly
28compensation benefits to an employee, the employer or insurance
29carrier shall file with the workers’ compensation commissioner
30in the form and manner required by the workers’ compensation
31commissioner a notice of the commencement of the payments.
32The payments establish conclusively that the employer and
33insurance carrier have notice of the injury for which benefits
34are claimed but the payments do not constitute an admission of
35liability under this chapter subchapter or chapter 85, 85A, or
-930-185B.
2 Sec. 1470. Section 86.13, subsection 4, paragraph a, Code
32023, is amended to read as follows:
4a. If a denial, a delay in payment, or a termination of
5benefits occurs without reasonable or probable cause or excuse
6known to the employer or insurance carrier at the time of
7the denial, delay in payment, or termination of benefits,
8the workers’ compensation commissioner shall award benefits
9in addition to those benefits payable under this chapter
10 subchapter, or chapter 85, 85A, or 85B, up to fifty percent of
11the amount of benefits that were denied, delayed, or terminated
12without reasonable or probable cause or excuse.
13 Sec. 1471. Section 86.17, Code 2023, is amended to read as
14follows:
1586.17 Hearings — presiding officer — venue.
161. Notwithstanding the provisions of section 17A.11,
17the workers’ compensation commissioner or a deputy workers’
18compensation commissioner shall preside over any contested case
19proceeding brought under this chapter subchapter, or chapter
2085, 85A, or 85B in the manner provided by chapter 17A. The
21deputy commissioner or the commissioner may make such inquiries
22in contested case proceedings as shall be deemed necessary, so
23long as such inquiries do not violate any of the provisions of
24section 17A.17.
252. Hearings in contested case proceedings under this
26subchapter and chapters 85, and 85A and this chapter shall be
27held in the judicial district where the injury occurred. By
28written stipulation of the parties or by the order of a deputy
29workers’ compensation commissioner or the commissioner, a
30hearing may be held elsewhere. If the injury occurred outside
31this state, or if the proceeding is not one for benefits
32resulting from an injury, hearings shall be held in Polk county
33or as otherwise stipulated by the parties or by order of a
34deputy workers’ compensation commissioner or the workers’
35compensation commissioner.
-931-1 Sec. 1472. Section 86.18, subsection 1, Code 2023, is
2amended to read as follows:
31. Evidence, process and procedure in contested case
4proceedings or appeal proceedings within the agency under this
5chapter, subchapter and chapters 85 and 85A shall be as summary
6as practicable consistent with the requirements of chapter 17A.
7 Sec. 1473. Section 86.19, subsection 1, Code 2023, is
8amended to read as follows:
91. The workers’ compensation commissioner, or a deputy
10commissioner, may appoint or may direct a party to furnish at
11the party’s initial expense a certified shorthand reporter
12to be present and report, or to furnish mechanical means
13to record, and if necessary, transcribe proceedings of any
14contested case under this chapter, subchapter and chapters 85
15and 85A and fix the reasonable amount of compensation for such
16service. The charges shall be taxed as costs and the party
17initially paying the expense of the presence or transcription
18shall be reimbursed. The reporter shall faithfully and
19accurately report the proceedings.
20 Sec. 1474. Section 86.24, subsection 1, Code 2023, is
21amended to read as follows:
221. Any party aggrieved by a decision, order, ruling, finding
23or other act of a deputy commissioner in a contested case
24proceeding arising under this chapter subchapter or chapter 85
25or 85A may appeal to the workers’ compensation commissioner
26in the time and manner provided by rule. The hearing on an
27appeal shall be in Polk county unless the workers’ compensation
28commissioner shall direct the hearing be held elsewhere.
29 Sec. 1475. Section 86.26, subsection 1, Code 2023, is
30amended to read as follows:
311. Judicial review of decisions or orders of the workers’
32compensation commissioner may be sought in accordance
33with chapter 17A. Notwithstanding chapter 17A, the Iowa
34administrative procedure Act, petitions for judicial review
35may be filed in the district court of the county in which the
-932-1hearing under section 86.17 was held, the workers’ compensation
2commissioner shall transmit to the reviewing court the original
3or a certified copy of the entire record of the contested case
4which is the subject of the petition within thirty days after
5receiving written notice from the party filing the petition
6that a petition for judicial review has been filed, and an
7application for stay of agency action during the pendency of
8judicial review shall not be filed in the division of workers’
9compensation of the department of workforce development
10 but shall be filed with the district court. Such a review
11proceeding shall be accorded priority over other matters
12pending before the district court.
13 Sec. 1476. Section 86.29, Code 2023, is amended to read as
14follows:
1586.29 The judicial review petition.
16Notwithstanding chapter 17A, the Iowa administrative
17procedure Act, in a petition for judicial review of a decision
18of the workers’ compensation commissioner in a contested case
19under this chapter subchapter or chapter 85, 85A, 85B, or 87,
20the opposing party shall be named the respondent, and the
21agency shall not be named as a respondent.
22 Sec. 1477. Section 86.39, Code 2023, is amended to read as
23follows:
2486.39 Fees — approval.
251. All fees or claims for legal, medical, hospital, and
26burial services rendered under this chapter subchapter and
27chapters 85, 85A, 85B, and 87 are subject to the approval of
28the workers’ compensation commissioner. For services rendered
29in the district court and appellate courts, the attorney fee is
30subject to the approval of a judge of the district court.
312. An attorney shall not recover fees for legal services
32based on the amount of compensation voluntarily paid or agreed
33to be paid to an employee for temporary or permanent disability
34under this chapter subchapter, or chapter 85, 85A, 85B, or
3587. An attorney shall only recover a fee based on the amount
-933-1of compensation that the attorney demonstrates would not have
2been paid to the employee but for the efforts of the attorney.
3Any disputes over the recovery of attorney fees under this
4subsection shall be resolved by the workers’ compensation
5commissioner.
6 Sec. 1478. Section 86.43, Code 2023, is amended to read as
7follows:
886.43 Judgment — modification.
9Upon the presentation to the court of a file-stamped copy
10of a decision of the workers’ compensation commissioner,
11ending, diminishing, or increasing the compensation under the
12provisions of this chapter subchapter, the court shall revoke
13or modify the decree or judgment to conform to such decision.
14 Sec. 1479. Section 86.44, Code 2023, is amended to read as
15follows:
1686.44 Confidentiality.
171. All verbal or written information relating to the subject
18matter of an agreement and transmitted between any party to
19a dispute and a mediator to resolve a dispute pursuant to
20this chapter subchapter or chapter 85, 85A, or 85B, during
21any stage of a mediation or a dispute resolution process
22conducted by a mediator as provided in this section, whether
23reflected in notes, memoranda, or other work products in the
24case files, is a confidential communication except as otherwise
25expressly provided in this chapter. Mediators involved in
26a mediation or a dispute resolution process shall not be
27examined in any judicial or administrative proceeding regarding
28confidential communications and are not subject to judicial or
29administrative process requiring the disclosure of confidential
30communications.
312. For purposes of this section, “mediator” means a chief
32deputy workers’ compensation commissioner or deputy workers’
33compensation commissioner acting in the capacity to resolve a
34dispute pursuant to this chapter subchapter or chapter 85, 85A,
35or 85B, or an employee of the division of workers’ compensation
-934-1involved during any stage of a process to resolve a dispute.
2 Sec. 1480. CODE EDITOR DIRECTIVE.
31. The Code editor is directed to make the following
4transfers:
5a. Section 86.1 to section 10A.303.
6b. Section 86.2 to section 10A.304.
7c. Section 86.3 to section 10A.305.
8d. Section 86.4 to section 10A.306.
9e. Section 86.5 to section 10A.307.
10f. Section 86.6 to section 10A.308.
11g. Section 86.7 to section 10A.309.
12h. Section 86.8 to section 10A.310.
13i. Section 86.9 to section 10A.311.
14j. Section 86.10 to section 10A.312.
15k. Section 86.11 to section 10A.313.
16l. Section 86.12 to section 10A.314.
17m. Section 86.13 to section 10A.315.
18n. Section 86.13A to section 10A.316.
19o. Section 86.14 to section 10A.317.
20p. Section 86.17 to section 10A.318.
21q. Section 86.18 to section 10A.319.
22r. Section 86.19 to section 10A.320.
23s. Section 86.24 to section 10A.321.
24t. Section 86.26 to section 10A.322.
25u. Section 86.27 to section 10A.323.
26v. Section 86.29 to section 10A.324.
27w. Section 86.32 to section 10A.325.
28x. Section 86.38 to section 10A.326.
29y. Section 86.39 to section 10A.327.
30z. Section 86.40 to section 10A.328.
31aa. Section 86.41 to section 10A.329.
32ab. Section 86.42 to section 10A.330.
33ac. Section 86.43 to section 10A.331.
34ad. Section 86.44 to section 10A.332.
35ae. Section 86.45 to section 10A.333.
-935- 12.The Code editor is directed to rename article III in
2chapter 10A as follows:
3Article III shall be subchapter III and shall be entitled
4“Workers’ Compensation” and include sections 10A.301 through
510A.333.
63. The Code editor may modify subchapter titles if necessary
7and is directed to correct internal references in the Code as
8necessary due to enactment of this section.
9LICENSING AND REGULATION ACTIVITIES
10 Sec. 1481. NEW SECTION. 10A.502 Responsibilities.
11The director shall coordinate the department’s conduct of
12various licensing and regulatory functions of the state under
13the administrative authority of the department including but
14not limited to all of the following:
151. Licensing and regulation of certain fire control and
16building code-related activities and professions.
172. Licensing and regulation of certain health-related
18professions.
193. Licensing and regulation of certain business and
20commerce-related professions.
21 Sec. 1482. NEW SECTION. 10A.511 Fire control duties.
22The duties of the director as it relates to fire control
23shall be as follows:
241. To enforce all laws, and the rules and regulations of the
25department concerned with all of the following:
26a. The prevention of fires.
27b. The storage, transportation, handling, and use of
28flammable liquids, combustibles, fireworks, and explosives.
29c. The storage, transportation, handling, and use of liquid
30petroleum gas.
31d. The electric wiring and heating, and adequate means of
32exit in case of fire, from churches, schools, hotels, theaters,
33amphitheaters, asylums, hospitals, health care facilities as
34defined in section 135C.1, college buildings, lodge halls,
35public meeting places, and all other structures in which
-936-1persons congregate from time to time, whether publicly or
2privately owned.
32. To promote fire safety and reduction of loss by fire
4through educational methods.
53. To promulgate fire safety rules in consultation with the
6state fire marshal. The director shall have exclusive right
7to promulgate fire safety rules as they apply to enforcement
8or inspection requirements by the department, but the rules
9shall be promulgated pursuant to chapter 17A. Wherever by
10any statute the director or the department is authorized
11or required to promulgate, proclaim, or amend rules and
12minimum standards regarding fire hazards or fire safety or
13protection in any establishment, building, or structure, the
14rules and standards shall promote and enforce fire safety,
15fire protection, and the elimination of fire hazards as the
16rules may relate to the use, occupancy, and construction
17of the buildings, establishments, or structures. The word
18“construction” shall include but is not limited to electrical
19wiring, plumbing, heating, lighting, ventilation, construction
20materials, entrances and exits, and all other physical
21conditions of the building which may affect fire hazards,
22safety, or protection. The rules and minimum standards shall
23be in substantial compliance except as otherwise specifically
24provided in this chapter, with the standards of the national
25fire protection association relating to fire safety as
26published in the national fire codes.
274. To adopt rules designating a fee to be assessed to
28each building, structure, or facility for which a fire safety
29inspection or plan review by the director is required by law.
30The fee designated by rule shall be set in an amount that is
31reasonably related to the costs of conducting the applicable
32inspection or plan review. The fees collected by the
33department shall be deposited in the general fund of the state.
345. To administer the fire extinguishing system contractor,
35alarm system contractor, and alarm system installer
-937-1certification program established in chapter 100C.
26. To order the suspension of the use of consumer fireworks,
3display fireworks, or novelties, as described in section 727.2,
4if the state fire marshal determines that the use of such
5devices would constitute a threat to public safety.
6 Sec. 1483. NEW SECTION. 10A.512 Inspections.
7The director, and the director’s designated subordinates,
8in the performance of their duties under this part, shall have
9authority to enter any building or premises and to examine the
10same and the contents thereof.
11 Sec. 1484. NEW SECTION. 10A.533 Enforcement.
121. If any local board, as defined in section 135.1, shall
13fail to enforce the rules of the department under this part or
14carry out the department’s lawful directions under this part,
15the department may enforce the same within the territorial
16jurisdiction of such local board, and for that purpose it may
17exercise all of the powers given by statute to the local board,
18and may employ the necessary assistants to carry out its lawful
19directions.
202. All expenses incurred by the department in determining
21whether its rules are enforced by a local board under this
22part, and in enforcing the same when a local board has failed
23to do so, shall be paid in the same manner as the expenses of
24enforcing such rules when enforced by the local board.
253. All peace officers of the state when called upon by the
26department shall enforce the department’s rules under this part
27and execute the lawful orders of the department under this part
28within their respective jurisdictions.
29 Sec. 1485. NEW SECTION. 10A.534 Penalties.
301. Any person who knowingly violates any provision of this
31part, or of the rules of the department under this part, or
32any lawful order, written or oral, of the department or of its
33officers, or authorized agents under this part, shall be guilty
34of a simple misdemeanor.
352. Any person resisting or interfering with the department,
-938-1its employees, or authorized agents, in the discharge of any
2duty imposed by law under this part shall be guilty of a simple
3misdemeanor.
4 Sec. 1486. Section 12.83, Code 2023, is amended to read as
5follows:
612.83 School infrastructure fund moneys — state fire marshal
7 allocation to department of inspections, appeals, and licensing.
8During the term of the school infrastructure program
9established in section 292.2, up to fifty thousand dollars
10of the moneys deposited each fiscal year in the school
11infrastructure fund shall be allocated each fiscal year to the
12department of public safety inspections, appeals, and licensing
13 for the use of the state fire marshal department. The funds
14shall be used by the state fire marshal department solely
15for the purpose of retaining an architect or architectural
16firm to evaluate structures for which school infrastructure
17program grant applications are made, to consult with school
18district representatives, to review construction drawings and
19blueprints, and to perform related duties at the direction of
20the state fire marshal department to ensure the best possible
21use of moneys received by a school district under the school
22infrastructure program. The state fire marshal department
23 shall provide for the review of plans, drawings, and blueprints
24in a timely manner.
25 Sec. 1487. Section 72.5, subsection 2, Code 2023, is amended
26to read as follows:
272. The director of the economic development authority,
28in consultation with the department of management, and the
29 state building code commissioner, and state fire marshal, shall
30develop standards and methods to evaluate design development
31documents and construction documents based upon life cycle cost
32factors to facilitate fair and uniform comparisons between
33design proposals and informed decision making by public bodies.
34 Sec. 1488. Section 88A.11, subsection 2, Code 2023, is
35amended to read as follows:
-939- 12. A concession booth, amusement device or ride which is
2owned and operated by a nonprofit religious, educational or
3charitable institution or association if such booth, device or
4ride is located within a building subject to inspection by the
5state fire marshal director or by any political subdivisions
6of the state under its building, fire, electrical, and related
7public safety ordinances.
8 Sec. 1489. Section 100.1, subsections 3, 4, 5, 6, and 7,
9Code 2023, are amended by striking the subsections.
10 Sec. 1490. Section 100.1, subsection 8, Code 2023, is
11amended to read as follows:
128. To recommend to the director of the department of
13inspections, appeals, and licensing, that the director order
14the suspension of the use of consumer fireworks, display
15fireworks, or novelties, as described in section 727.2, if the
16fire marshal determines that the use of such devices would
17constitute a threat to public safety.
18 Sec. 1491. Section 100.11, Code 2023, is amended to read as
19follows:
20100.11 Fire escapes.
21It shall be the duty of the fire marshal director to enforce
22all laws relating to fire escapes.
23 Sec. 1492. Section 100.12, Code 2023, is amended to read as
24follows:
25100.12 Authority for inspection — orders.
26The chief of a fire department or an authorized subordinate
27who is trained in fire prevention safety standards may enter
28a building or premises at a reasonable hour to examine the
29building or premises and its contents. The examining official
30shall order the correction of a condition which is in violation
31of this chapter, a rule adopted under this chapter, or a
32city or county fire safety ordinance. The order shall be
33in writing or, if the danger is imminent, orally followed by
34a written order. The examining official shall enforce the
35order in accordance with the applicable law or ordinance. At
-940-1the request of the examining official the state fire marshal
2 director may assist in an enforcement action.
3 Sec. 1493. Section 100.13, Code 2023, is amended to read as
4follows:
5100.13 Violations — orders.
61. If a person has violated or is violating a provision of
7this chapter or a rule adopted pursuant to this chapter, the
8state fire marshal director, the chief of any fire department,
9or the fire prevention officer of a fire department organized
10under chapter 400 may issue an order directing the person to
11desist in the practice which constitutes the violation and
12to take corrective action as necessary to ensure that the
13violation will cease. The order shall be in writing and shall
14specify a reasonable time by which the person shall comply
15with the order. The person to whom the order is issued may
16appeal the order as provided in chapter 17A. On appeal,
17the administrative law judge may affirm, modify, or vacate
18the order. Judicial review may be sought in accordance with
19chapter 17A.
202. Notwithstanding any other provision of law to the
21contrary, if the state fire marshal director determines that
22an emergency exists respecting any matter affecting or likely
23to affect the public safety, the fire marshal director may
24issue any order necessary to terminate the emergency without
25notice or hearing. An emergency order is binding and effective
26immediately, until or unless the order is modified, vacated, or
27stayed at an administrative hearing or by a district court.
28 Sec. 1494. Section 100.14, Code 2023, is amended to read as
29follows:
30100.14 Legal proceedings — penalties — injunctive relief.
31At the request of the state fire marshal director, the
32county attorney shall institute any legal proceedings on behalf
33of the state necessary to obtain compliance or enforce the
34penalty provisions of this chapter or rules or orders adopted
35or issued pursuant to this chapter, including, but not limited
-941-1to, a legal action for injunctive relief. The county attorney
2or any other attorney acting on behalf of the chief of a fire
3department or a fire prevention officer may institute legal
4proceedings, including, but not limited to, a legal action for
5injunctive relief, to obtain compliance or enforce the penalty
6provisions or orders issued pursuant to section 100.13.
7 Sec. 1495. Section 100.16, Code 2023, is amended to read as
8follows:
9100.16 Judicial review — court costs.
101. Judicial review of actions of the fire marshal director
11 may be sought in accordance with the terms of the Iowa
12administrative procedure Act pursuant to chapter 17A. If
13legal proceedings have been instituted pursuant to section
14100.14, all related issues which could otherwise be raised in
15a proceeding for judicial review shall be raised in the legal
16proceedings instituted pursuant to section 100.14.
172. Upon judicial review of the fire marshal’s director’s
18 action, if the court affirms the agency action, the court
19shall tax all court costs of the review proceeding against the
20appellant. However, if the court reverses, revokes, or annuls
21the fire marshal’s director’s action, the court shall tax all
22court costs of the review proceeding against the agency. If
23the fire marshal’s director’s action is modified or the matter
24is remanded to the agency for further proceedings, the court
25shall apportion the court costs within the discretion of the
26court.
27 Sec. 1496. Section 100.18, subsections 2, 3, 4, 5, 6, and 7,
28Code 2023, are amended to read as follows:
292. a. Except as provided in subsection 4, multiple-unit
30residential buildings and single-family dwellings the
31construction of which is begun on or after July 1, 1991, shall
32include the installation of smoke detectors in compliance with
33the rules established by the state fire marshal director under
34subsection 5.
35b. The rules shall require the installation of smoke
-942-1detectors in existing single-family rental units and
2multiple-unit residential buildings. Existing single-family
3dwelling units shall be equipped with approved smoke detectors.
4A person who files for a homestead credit pursuant to chapter
5425 shall certify that the single-family dwelling unit for
6which the credit is filed has a smoke detector installed in
7compliance with this section, or that one will be installed
8within thirty days of the date the filing for the credit is
9made. The state fire marshal director shall adopt rules and
10establish appropriate procedures to administer this subsection.
11c. An owner or an owner’s agent of a multiple-unit
12residential building or single-family dwelling shall supply
13light-emitting smoke detectors, upon request, for a tenant who
14is deaf or hard of hearing.
153. a. Multiple-unit residential buildings and single-family
16dwellings, the construction of which is begun on or after
17July 1, 2018, and that have a fuel-fired heater or appliance,
18a fireplace, or an attached garage, shall include the
19installation of carbon monoxide alarms in compliance with the
20rules established by the state fire marshal director under
21subsection 5.
22b. The rules shall require the installation of carbon
23monoxide alarms in existing single-family rental units and
24multiple-unit residential buildings that have a fuel-fired
25heater or appliance, a fireplace, or an attached garage.
26Existing single-family dwellings that have a fuel-fired heater
27or appliance, a fireplace, or an attached garage shall be
28equipped with approved carbon monoxide alarms. For purposes
29of this paragraph, “approved carbon monoxide alarm” means a
30carbon monoxide alarm that meets the standards established by
31the underwriters’ laboratories or is approved by the state fire
32marshal director as established by rule under subsection 5. A
33person who files for a homestead credit pursuant to chapter 425
34shall certify that the single-family dwelling for which the
35credit is filed and that has a fuel-fired heater or appliance,
-943-1a fireplace, or an attached garage, has carbon monoxide alarms
2installed in compliance with this section, or that such alarms
3will be installed within thirty days of the date the filing
4for the credit is made. The state fire marshal director shall
5adopt rules and establish appropriate procedures to administer
6this subsection.
7c. An owner of a multiple-unit residential building or
8a single-family rental unit that has a fuel-fired heater or
9appliance, a fireplace, or an attached garage, or an owner’s
10agent, shall supply light-emitting carbon monoxide alarms, upon
11request, for a tenant who is deaf or hard of hearing.
12d. The owner of a building requiring the installation of
13carbon monoxide alarms under this subsection shall install
14a carbon monoxide alarm in a location as specified by rules
15established by the state fire marshal director under subsection
165, taking into account the number and location of all fuel
17sources in the building.
184. This section does not require the following:
19a. The installation of smoke detectors in multiple-unit
20residential buildings which, on July 1, 1981, are equipped
21with heat detection devices or a sprinkler system with alarms
22approved by the state fire marshal director.
23b. The installation of smoke detectors in hotels, motels,
24and dormitories equipped with an automatic smoke detection
25system approved by the state fire marshal director.
265. The state fire marshal director shall enforce the
27requirements of subsections 2 and 3 and may implement a program
28of inspections to monitor compliance with the provisions of
29those subsections. Upon inspection, the state fire marshal
30 director shall issue a written notice to the owner or manager
31of a multiple-unit residential building or single-family
32rental unit informing the owner or manager of compliance or
33noncompliance with this section. The state fire marshal
34 director may contract with any political subdivision without
35fee assessed to either the state fire marshal director or the
-944-1political subdivision, for the performance of the inspection
2and notification responsibilities. The inspections authorized
3under this section are limited to the placement, repair, and
4operability of smoke detectors and carbon monoxide alarms. Any
5broader inspection authority is not derived from this section.
6The state fire marshal director shall adopt rules under chapter
717A as necessary to enforce this section including rules
8concerning the placement of smoke detectors and carbon monoxide
9alarms and the use of acceptable smoke detectors and carbon
10monoxide alarms. The smoke detectors and carbon monoxide
11alarms shall display a label or other identification issued
12by an approved testing agency or another label specifically
13approved by the state fire marshal director.
146. The inspection of a building or notification of
15compliance or noncompliance under this section is not the basis
16for a legal cause of action against the political subdivision,
17state fire marshal director, the fire marshal’s director’s
18 subordinates, chiefs of local fire departments, building
19inspectors, or other fire, building, or safety officials due
20to a failure to discover a latent defect in the course of the
21inspection.
227. If a smoke detector or carbon monoxide alarm is found
23to be inoperable, the owner or manager of the multiple-unit
24residential building or single-family rental unit shall correct
25the situation within thirty days after written notification
26to the owner or manager by the tenant, guest, roomer, state
27fire marshal director, fire marshal’s director’s subordinates,
28chiefs of local fire departments, building inspectors, or other
29fire, building, or safety officials. If the owner or manager
30of a multiple-unit residential building or single-family rental
31unit fails to correct the situation within the thirty days
32the tenant, guest, or roomer may cause the smoke detector or
33carbon monoxide alarm to be repaired or purchase and install
34a smoke detector or carbon monoxide alarm required under this
35section and may deduct the repair cost or purchase price from
-945-1the next rental payment or payments made by the tenant, guest,
2or roomer. However, a lessor or owner may require a lessee,
3tenant, guest, or roomer who has a residency of longer than
4thirty days to provide the battery for a battery operated smoke
5detector or carbon monoxide alarm.
6 Sec. 1497. Section 100.19, subsection 2, paragraph a, Code
72023, is amended to read as follows:
8a. The state fire marshal director shall establish a
9consumer fireworks seller license. An application for a
10consumer fireworks seller license shall be made on a form
11provided by the state fire marshal director. The state fire
12marshal director shall adopt rules consistent with this section
13establishing minimum requirements for a retailer or community
14group to be issued a consumer fireworks seller license.
15 Sec. 1498. Section 100.19, subsection 3, paragraph a,
16unnumbered paragraph 1, Code 2023, is amended to read as
17follows:
18The state fire marshal director shall establish a fee
19schedule for consumer fireworks seller licenses as follows:
20 Sec. 1499. Section 100.19, subsection 4, unnumbered
21paragraph 1, Code 2023, is amended to read as follows:
22The state fire marshal director shall adopt rules to:
23 Sec. 1500. Section 100.19, subsections 6, 7, and 8, Code
242023, are amended to read as follows:
256. a. The state fire marshal director shall adopt rules to
26provide that a person’s consumer fireworks seller license may
27be revoked for the intentional violation of this section. The
28proceedings for revocation shall be held before the division of
29the state fire marshal department, which may revoke the license
30or licenses involved as provided in paragraph “b”.
31b. (1) If, upon the hearing of the order to show cause, the
32division of the state fire marshal department finds that the
33licensee intentionally violated this section, then the license
34or licenses under which the licensed retailer or community
35group sells first-class consumer fireworks or second-class
-946-1consumer fireworks, shall be revoked.
2(2) Judicial review of actions of the division of the state
3fire marshal department may be sought in accordance with the
4terms of the Iowa administrative procedure Act, chapter 17A.
5 If the licensee has not filed a petition for judicial review
6in district court, revocation shall date from the thirty-first
7day following the date of the order of the division of the
8state fire marshal department. If the licensee has filed a
9petition for judicial review, revocation shall date from the
10thirty-first day following entry of the order of the district
11court, if action by the district court is adverse to the
12licensee.
13(3) A new license shall not be issued to a person whose
14license has been revoked, or to the business in control of the
15premises on which the violation occurred if it is established
16that the owner of the business had actual knowledge of the
17violation resulting in the license revocation, for the period
18of one year following the date of revocation.
197. a. A consumer fireworks fee fund is created in the
20state treasury under the control of the state fire marshal
21 director. Notwithstanding section 12C.7, interest or earnings
22on moneys in the consumer fireworks fee fund shall be credited
23to the consumer fireworks fee fund. Moneys in the fund are
24appropriated to the state fire marshal director to be used to
25fulfill the responsibilities of the state fire marshal director
26 for the administration and enforcement of this section and
27section 100.19A and to provide grants pursuant to paragraph “b”.
28The fund shall include the fees collected by the state fire
29marshal director under the fee schedule established pursuant to
30subsection 3 and the fees collected by the state fire marshal
31 director under section 100.19A for wholesaler registration.
32b. The state fire marshal director shall establish a local
33fire protection and emergency medical service providers grant
34program to provide grants in the following order of priority:
35(1) Local fire protection service providers and local
-947-1emergency medical service providers to establish or provide
2fireworks safety education programming to members of the
3public, and for the purchase of necessary enforcement,
4protection, or emergency response equipment related to the sale
5and use of consumer fireworks in this state.
6(2) Local volunteer fire protection service providers for
7the purchase of necessary enforcement, protection, or emergency
8response equipment.
98. The state fire marshal director shall adopt rules for the
10administration of this section.
11 Sec. 1501. Section 100.19A, subsections 2 and 3, Code 2023,
12are amended to read as follows:
132. The state fire marshal director shall adopt rules to
14require all wholesalers to annually register with the state
15fire marshal director. The state fire marshal director
16 may also adopt rules to regulate the storage or transfer of
17consumer fireworks by wholesalers and to require wholesalers
18to maintain insurance.
193. The state fire marshal director shall establish an
20annual registration fee of one thousand dollars for wholesalers
21of consumer fireworks within the state. Registration fees
22collected pursuant to this section shall be deposited in the
23consumer fireworks fee fund created in section 100.19.
24 Sec. 1502. Section 100.31, Code 2023, is amended to read as
25follows:
26100.31 Fire and tornado drills in schools — warning systems
27— inspections.
281. It shall be the duty of the state fire marshal director
29 and the fire marshal’s director’s designated subordinates to
30require all private and public school officials and teachers to
31conduct not less than four fire drills and not less than four
32tornado drills in all school buildings during each school year
33when school is in session; and to require the officials and
34teachers of all schools to keep all doors and exits of their
35respective rooms and buildings unlocked when occupied during
-948-1school hours or when such areas are being used by the public at
2other times. Not less than two drills of each type shall be
3conducted between July 1 and December 31 of each year and not
4less than two drills of each type shall be conducted between
5January 1 and June 30 of each year.
62. Every school building with two or more classrooms
7shall have a warning system for fires of a type approved by
8the underwriters’ laboratories and by the state fire marshal
9 director. The warning system shall be used only for fire
10drills or as a warning for emergency. Schools may modify
11the fire warning system for use as a tornado warning system
12or shall install a separate tornado warning system. Every
13school building shall also be equipped with portable fire
14extinguishers, with the type, size and number in accordance
15with national fire protection association standards and
16approved by the state fire marshal director.
173. The state fire marshal director or the fire marshal’s
18 director’s deputies shall cause each public or private school,
19college, or university to be inspected at least once every two
20years to determine whether each school meets the fire safety
21standards of this Code and is free from other fire hazards.
22Provided, however, that cities which employ fire department
23inspectors shall cause such inspections to be made.
24 Sec. 1503. Section 100.35, Code 2023, is amended to read as
25follows:
26100.35 Rules of marshal director — penalties.
271. The fire marshal director shall adopt, and may amend
28rules under chapter 17A, which include standards relating
29to exits and exit lights, fire escapes, fire protection,
30fire safety and the elimination of fire hazards, in and for
31churches, schools, hotels, theaters, amphitheaters, hospitals,
32health care facilities as defined in section 135C.1, boarding
33homes or housing, rest homes, dormitories, college buildings,
34lodge halls, club rooms, public meeting places, places of
35amusement, apartment buildings, food establishments as defined
-949-1in section 137F.1, and all other buildings or structures in
2which persons congregate from time to time, whether publicly
3or privately owned. Violation of a rule adopted by the fire
4marshal director is a simple misdemeanor. However, upon
5proof that the fire marshal director gave written notice to
6the defendant of the violation, and proof that the violation
7constituted a clear and present danger to life, and proof that
8the defendant failed to eliminate the condition giving rise
9to the violation within thirty days after receipt of notice
10from the fire marshal director, the penalty is that provided
11by law for a serious misdemeanor. Each day of the continuing
12violation of a rule after conviction of a violation of the rule
13is a separate offense. A conviction is subject to appeal as in
14other criminal cases.
152. Rules by the fire marshal director affecting the
16construction of new buildings, additions to buildings or
17rehabilitation of existing buildings and related to fire
18protection, shall be substantially in accord with the
19provisions of the nationally recognized building and related
20codes adopted as the state building code pursuant to section
21103A.7 or with codes adopted by a local subdivision which are
22in substantial accord with the codes comprising the state
23building code.
243. The rules adopted by the state fire marshal director
25 under this section shall provide standards for fire resistance
26of cellulose insulation sold or used in this state, whether for
27public or private use. The rules shall provide for approval of
28the cellulose insulation by at least one nationally recognized
29independent testing laboratory.
30 Sec. 1504. Section 100.38, Code 2023, is amended to read as
31follows:
32100.38 Conflicting statutes.
33Provisions of this chapter part in conflict with the state
34building code, as adopted pursuant to section 103A.7, shall not
35apply where the state building code has been adopted or when
-950-1the state building code applies throughout the state.
2 Sec. 1505. Section 100.39, subsections 1, 2, and 3, Code
32023, are amended to read as follows:
41. All buildings approved for construction after July 1,
51998, that exceed four stories in height, or seventy-five feet
6above grade, shall require the installation of an approved
7automatic fire extinguishing system designed and installed in
8conformity with rules promulgated by the state fire marshal
9 director pursuant to this chapter part.
102. The requirements of this section shall not apply to the
11following:
12a. Any noncombustible elevator storage structure or any
13noncombustible plant building with noncombustible contents.
14b. Any combustible elevator storage structure that is
15equipped with an approved drypipe, nonautomatic sprinkler and
16automatic alarm system.
17c. Buildings in existence or under construction on August
1815, 1975. However, if subsequent to that date any building is
19enlarged or altered beyond the height limitations applicable to
20new buildings, such building in its entirety shall be subject
21to all the provisions of this section.
22d. Any open parking garage structure which is in compliance
23with rules adopted by the state fire marshal director.
243. Plans and installation of systems shall be approved by
25the state fire marshal director, a designee of the state fire
26marshal director, or local authorities having jurisdiction.
27Except where local fire protection regulations are more
28stringent, the provisions of this section shall be applicable
29to all buildings, whether privately or publicly owned. The
30definition of terms shall be in conformity, insofar as
31possible, with definitions found in the state building code
32adopted pursuant to section 103A.7.
33 Sec. 1506. Section 100.41, Code 2023, is amended to read as
34follows:
35100.41 Authority to cite violations.
-951- 1Fire officials acting under the authority of this chapter
2 part may issue citations in accordance with chapter 805, for
3violations of this chapter part or a violation of a local fire
4safety code.
5 Sec. 1507. Section 100C.1, Code 2023, is amended by adding
6the following new subsections:
7 NEW SUBSECTION. 8A. “Department” means the department of
8inspections, appeals, and licensing.
9 NEW SUBSECTION. 8B. “Director” means the director of
10the department of inspections, appeals, and licensing or the
11director’s designee.
12 Sec. 1508. Section 100C.1, subsection 14, Code 2023, is
13amended to read as follows:
1414. “Responsible managing employee” means one of the
15following:
16a. An owner, partner, officer, or manager employed full-time
17by a fire extinguishing system contractor who is certified
18by the national institute for certification in engineering
19technologies at a level three in fire protection technology,
20automatic sprinkler system layout, or another certification in
21automatic sprinkler system layout recognized by rules adopted
22by the fire marshal director pursuant to section 100C.7 or who
23meets any other criteria established by rule.
24b. An owner, partner, officer, or manager employed full-time
25by an alarm system contractor who is certified by the national
26institute for certification in engineering technologies in fire
27alarm systems or security systems at a level established by the
28fire marshal director by rule or who meets any other criteria
29established by rule under this chapter. The rules may provide
30for separate endorsements for fire alarm systems, security
31alarm systems, and nurse call systems and may require separate
32qualifications for each.
33 Sec. 1509. Section 100C.2, subsection 4, paragraph b, Code
342023, is amended to read as follows:
35b. An employee or subcontractor of a certified alarm system
-952-1contractor who is an alarm system installer, and who is not
2licensed pursuant to chapter 103 shall obtain and maintain
3certification as an alarm system installer and shall meet and
4maintain qualifications established by the state fire marshal
5 director by rule.
6 Sec. 1510. Section 100C.3, subsections 1, 3, and 5, Code
72023, are amended to read as follows:
81. A fire extinguishing system contractor, an alarm system
9contractor, or an alarm system installer shall apply for a
10certificate on a form prescribed by the state fire marshal
11 director. The application shall be accompanied by a fee in an
12amount prescribed by rule pursuant to section 100C.7 and shall
13include all of the following information, as applicable:
14a. The name, address, and telephone number of the contractor
15or installer and, in the case of an installer, the name and
16certification number of the contractor by whom the installer is
17employed, including all legal and fictitious names.
18b. Proof of insurance coverage required by section 100C.4.
19c. The name and qualifications of the person designated as
20the contractor’s responsible managing employee and of persons
21designated as alternate responsible managing employees.
22d. Any other information deemed necessary by the state fire
23marshal director.
243. Upon receipt of a completed application and prescribed
25fees, if the contractor or installer meets all requirements
26established by this chapter, the state fire marshal director
27 shall issue a certificate to the contractor or installer within
28thirty days.
295. Any change in the information provided in the application
30shall be promptly reported to the state fire marshal director.
31When the employment of a responsible managing employee is
32terminated, the contractor shall notify the state fire marshal
33 director within thirty days after termination.
34 Sec. 1511. Section 100C.4, Code 2023, is amended to read as
35follows:
-953- 1100C.4 Insurance.
21. A fire extinguishing system contractor shall maintain
3general and complete operations liability insurance for
4the layout, installation, repair, alteration, addition,
5maintenance, and inspection of automatic fire extinguishing
6systems in an amount determined by the state fire marshal
7 director by rule.
82. An alarm system contractor shall maintain general
9and complete operations liability insurance for the layout,
10installation, repair, alteration, addition, maintenance, and
11inspection of alarm systems in an amount determined by the
12state fire marshal director by rule.
13 Sec. 1512. Section 100C.5, Code 2023, is amended to read as
14follows:
15100C.5 Suspension and revocation.
161. The state fire marshal director shall suspend or revoke
17the certificate of any contractor or installer who fails to
18maintain compliance with the conditions necessary to obtain a
19certificate. A certificate may also be suspended or revoked
20if any of the following occur:
21a. The employment or relationship of a responsible managing
22employee with a contractor is terminated, unless the contractor
23has included a qualified alternate on the application or an
24application designating a new responsible managing employee is
25filed with the state fire marshal director within six months
26after the termination.
27b. The contractor or installer fails to comply with any
28provision of this chapter.
29c. The contractor or installer fails to comply with any
30other applicable codes and ordinances.
312. If a certificate is suspended pursuant to this section,
32the certificate shall not be reinstated until the condition or
33conditions which led to the suspension have been corrected.
343. The state fire marshal director shall adopt rules
35pursuant to section 100C.7 for the acceptance and processing
-954-1of complaints against certificate holders, for procedures to
2suspend and revoke certificates, and for appeals of decisions
3to suspend or revoke certificates.
4 Sec. 1513. Section 100C.7, Code 2023, is amended to read as
5follows:
6100C.7 Administration — rules.
7The state fire marshal director shall administer this
8chapter and, after consultation with the fire extinguishing
9system contractors and alarm systems advisory board, shall
10adopt rules pursuant to chapter 17A necessary for the
11administration and enforcement of this chapter.
12 Sec. 1514. Section 100C.8, subsection 2, Code 2023, is
13amended to read as follows:
142. The state fire marshal director may impose a civil
15penalty of up to five hundred dollars on any person who
16violates any provision of this chapter for each day a violation
17continues. The state fire marshal director may adopt rules
18necessary to enforce and collect any penalties imposed pursuant
19to this chapter.
20 Sec. 1515. Section 100C.9, Code 2023, is amended to read as
21follows:
22100C.9 Deposit and use of moneys collected.
231. All fees assessed pursuant to this chapter shall be
24retained as repayment receipts by the division of state fire
25marshal in the department of public safety and such fees
26received shall be used exclusively to offset the costs of
27administering this chapter.
282. Notwithstanding section 8.33, fees collected by
29the division of state fire marshal department that remain
30unencumbered or unobligated at the close of the fiscal year
31shall not revert but shall remain available for expenditure for
32the purposes designated in succeeding fiscal years.
33 Sec. 1516. Section 100C.10, subsection 1, Code 2023, is
34amended to read as follows:
351. A fire extinguishing system contractors and alarm
-955-1systems advisory board is established in the division of state
2fire marshal of the department of public safety and shall
3advise the division department on matters pertaining to the
4application and certification of contractors and installers
5pursuant to this chapter.
6 Sec. 1517. Section 100C.10, subsection 2, unnumbered
7paragraph 1, Code 2023, is amended to read as follows:
8The board shall consist of eleven voting members appointed
9by the commissioner of public safety director as follows:
10 Sec. 1518. Section 100C.10, subsections 3 and 4, Code 2023,
11are amended to read as follows:
123. The state fire marshal, or the state fire marshal’s
13designee, the director, and the chairperson of the electrical
14examining board created in section 103.2 shall be nonvoting ex
15officio members of the board.
164. The commissioner shall initially appoint two members
17for two-year terms, two members for four-year terms, and three
18members for six-year terms. Following the expiration of the
19terms of initially appointed members, each Each term thereafter
20 shall be for a period of six years. No member shall serve
21more than two consecutive terms. If a position on the board
22becomes vacant prior to the expiration of a member’s term, the
23member appointed to the vacancy shall serve the balance of the
24unexpired term.
25 Sec. 1519. Section 100D.1, subsections 2 and 10, Code 2023,
26are amended to read as follows:
272. “Department” means the department of public safety
28 inspections, appeals, and licensing.
2910. “Responsible managing employee” means an owner, partner,
30officer, or manager employed full-time by a fire extinguishing
31system contractor who is certified by the national institute
32for certification in engineering technologies at a level three
33in fire protection technology, automatic sprinkler system
34layout, or another certification in automatic sprinkler system
35layout recognized by rules adopted by the fire marshal director
-956-1 pursuant to section 100C.7 or who meets any other criteria
2established by rule.
3 Sec. 1520. Section 100D.1, subsection 3, Code 2023, is
4amended by striking the subsection and inserting in lieu
5thereof the following:
63. “Director” means the director of the department of
7inspections, appeals, and licensing or the director’s designee.
8 Sec. 1521. Section 100D.2, subsection 4, Code 2023, is
9amended to read as follows:
104. Licenses shall be issued for a two-year period, and may
11be renewed as established by the state fire marshal director
12 by rule.
13 Sec. 1522. Section 100D.3, Code 2023, is amended to read as
14follows:
15100D.3 Fire protection system installer and maintenance
16worker license.
171. The state fire marshal director shall issue a fire
18protection system installer and maintenance worker license to
19an applicant who meets all of the following requirements:
20a. Has completed a fire protection apprenticeship program
21approved by the United States department of labor, or has
22completed two years of full-time employment or the equivalent
23thereof as a trainee.
24b. Is employed by a fire extinguishing system contractor.
25However, an applicant whose work on extinguishing systems will
26be restricted to systems on property owned or controlled by the
27applicant’s employer may obtain a license if the employer is
28not a certified contractor.
29c. Has received a passing score on the national inspection,
30testing, and certification star fire sprinkler mastery
31exam or on an equivalent exam from a nationally recognized
32third-party testing agency that is approved by the state fire
33marshal director, or is certified at level one by the national
34institute for certification in engineering technologies and as
35specified by rule by the state fire marshal director, or is
-957-1certified by another entity approved by the fire marshal.
22. The state fire marshal director shall issue a fire
3protection system installer and maintenance worker license
4with endorsements restricted to preengineered fire protection
5systems to an applicant who does not meet the requirements of
6subsection 1 but does meet the following requirements:
7a. To be endorsed as a preengineered kitchen fire
8extinguishing system installer, has successfully completed
9training and an examination verified by a preengineered system
10manufacturer, an agent of a preengineered system manufacturer,
11or an organization that is approved by the state fire marshal
12 director.
13b. To be endorsed as a preengineered kitchen fire
14extinguishing system maintenance worker, has successfully
15completed training by the worker’s employer or the system’s
16manufacturer and has passed a written or online examination for
17preengineered kitchen fire extinguishing system maintenance
18that is approved by the state fire marshal director.
19c. To be endorsed as a preengineered industrial fire
20extinguishing system installer, possesses a training and
21examination certification from a preengineered system
22manufacturer, an agent of a preengineered system manufacturer,
23or an organization that is approved by the state fire marshal
24 director.
25d. To be endorsed as a preengineered industrial fire
26extinguishing system maintenance worker, has been trained
27by the worker’s employer and has passed a written or online
28examination for preengineered industrial fire extinguishing
29system maintenance that is approved by the state fire marshal
30 director.
313. The holder of a fire protection system installer and
32maintenance worker license shall be responsible for license
33fees, renewal fees, and continuing education hours.
344. The license of a fire protection system installer
35and maintenance worker licensee who ceases to be employed
-958-1by a fire extinguishing system contractor shall continue to
2be valid until it would otherwise expire, but the licensee
3shall not perform work requiring licensure under this chapter
4until the licensee is again employed by a fire extinguishing
5system contractor. If the licensee becomes employed by a fire
6extinguishing system contractor other than the contractor which
7employed the licensee at the time the license was issued, the
8licensee shall notify the fire marshal director and shall apply
9for an amendment to the license. The fire marshal director
10 may establish by rule a fee for amending a license. This
11subsection shall not extend the time period during which a
12license is valid. This subsection does not apply to a licensee
13whose work on extinguishing systems is restricted to systems on
14property owned or controlled by the licensee’s employer.
155. The fire marshal director, by rule, may restrict
16the scope of work authorized by a license with appropriate
17endorsements.
18 Sec. 1523. Section 100D.4, subsections 1 and 3, Code 2023,
19are amended to read as follows:
201. An applicant for a fire protection system installer and
21maintenance worker license or renewal of an active license
22shall provide evidence of a public liability insurance policy
23and surety bond in an amount determined sufficient by the fire
24marshal director by rule.
253. The insurance and surety bond shall be written by an
26entity licensed to do business in this state and each licensee
27shall maintain on file with the department a certificate
28evidencing the insurance providing that the insurance or surety
29bond shall not be canceled without the entity first giving
30fifteen days written notice to the fire marshal director.
31 Sec. 1524. Section 100D.5, unnumbered paragraph 1, Code
322023, is amended to read as follows:
33The state fire marshal director shall do all of the
34following:
35 Sec. 1525. Section 100D.6, Code 2023, is amended to read as
-959-1follows:
2100D.6 Penalties.
3The state fire marshal director may impose a civil penalty
4of up to five hundred dollars on any person who violates any
5provision of this chapter for each day a violation continues.
6The state fire marshal director may adopt rules necessary to
7enforce and collect any penalties imposed pursuant to this
8chapter.
9 Sec. 1526. Section 100D.7, Code 2023, is amended to read as
10follows:
11100D.7 Deposit and use of moneys collected.
121. The state fire marshal director shall set the license
13fees and renewal fees for all licenses issued pursuant to this
14chapter, by rule, based upon the actual costs of licensing.
152. All fees assessed pursuant to this chapter shall be
16retained as repayment receipts by the division of state fire
17marshal in the department of public safety and such fees
18received shall be used exclusively to offset the costs of
19administering this chapter.
203. Notwithstanding section 8.33, fees collected by
21the division of state fire marshal department that remain
22unencumbered or unobligated at the close of the fiscal year
23shall not revert but shall remain available for expenditure
24for the purposes designated until the close of the succeeding
25fiscal year.
26 Sec. 1527. Section 100D.10, Code 2023, is amended to read
27as follows:
28100D.10 Reciprocal licenses.
29To the extent that another state provides for the licensing
30of fire protection system installers and maintenance workers
31or similar action, the state fire marshal director may issue
32a fire protection system installer and maintenance worker
33license, without examination, to a nonresident fire protection
34system installer and maintenance worker who has been licensed
35by such other state for at least three years provided such
-960-1other state grants the same reciprocal licensing privileges to
2residents of Iowa who have obtained a fire protection system
3installer and maintenance worker license upon payment by
4the applicant of the required fee and upon furnishing proof
5that the qualifications of the applicant are equal to the
6qualifications of holders of similar licenses in this state.
7 Sec. 1528. Section 100D.13, subsections 1 and 2, Code 2023,
8are amended to read as follows:
91. The state fire marshal director may issue a temporary
10fire protection system installer and maintenance worker license
11to a person, providing that all of the following conditions are
12met:
13a. The person is currently licensed or certified to perform
14work as a fire protection system installer and maintenance
15worker in another state.
16b. The person meets any additional criteria for a temporary
17license established by the state fire marshal director by rule.
18c. The person provides all information required by the state
19fire marshal director.
20d. The person has paid the fee for a temporary license,
21which fee shall be established by the state fire marshal
22 director by rule.
23e. The person intends to perform work as a fire protection
24system installer and maintenance worker only in areas of this
25state which are covered by a disaster emergency declaration
26issued by the governor pursuant to section 29C.6.
272. A temporary license issued pursuant to this section shall
28be valid for ninety days. The state fire marshal director may
29establish criteria and procedures for the extension of such
30licenses for additional periods, which in no event shall exceed
31ninety days.
32 Sec. 1529. Section 101.1, subsection 1, Code 2023, is
33amended to read as follows:
341. The state fire marshal director is hereby empowered and
35directed to formulate and adopt and from time to time amend or
-961-1revise and to promulgate, in conformity with and subject to the
2conditions set forth in this chapter, reasonable rules for the
3safe transportation, storage, handling, and use of combustible
4liquids, flammable liquids, liquefied petroleum gases, and
5liquefied natural gases.
6 Sec. 1530. Section 101.1, subsection 2, Code 2023, is
7amended by adding the following new paragraph:
8 NEW PARAGRAPH. 0b. “Director” means the director of the
9department of inspections, appeals, and licensing or the
10director’s designee.
11 Sec. 1531. Section 101.5A, Code 2023, is amended to read as
12follows:
13101.5A Shared public petroleum storage facilities.
14The state fire marshal director shall permit by rule the
15shared ownership, operation, or cooperative use of a publicly
16owned petroleum storage or dispensing facility by more than one
17public agency or political subdivision in order to maximize the
18opportunity for cooperation, to avoid unnecessary duplication
19of facilities posing both an environmental and fire hazard,
20and to minimize the cost of providing public services. Shared
21or cooperative use is not a violation of chapter 23A, even
22if one public agency or political subdivision compensates
23another public agency or political subdivision for the use or
24for petroleum dispensed. A publicly owned petroleum storage
25facility subject to this section may use aboveground or
26underground storage tanks, or a combination of both.
27 Sec. 1532. Section 101.8, Code 2023, is amended to read as
28follows:
29101.8 Assistance by local officials.
30The chief fire prevention officer of every city or village
31having an established fire prevention department, the chief of
32the fire department of every other city or village in which
33a fire department is established, the mayor of every city in
34which no fire department exists, the township clerk of every
35township outside the limits of any city or village and all
-962-1other local officials upon whom fire prevention duties are
2imposed by law shall assist the state fire marshal director in
3the enforcement of the rules.
4 Sec. 1533. Section 101.9, Code 2023, is amended to read as
5follows:
6101.9 Repairs ordered by fire marshal director.
7If the state fire marshal director has reasonable grounds
8for believing after conducting tests that a leak exists in
9a flammable or combustible liquid storage tank or in the
10distribution system of a flammable or combustible liquid
11storage tank the state fire marshal director shall issue a
12written order to the owner or lessee of the storage tank or
13distribution system requiring the storage tank and distribution
14system be emptied and removed or repaired immediately upon
15receipt of the written order.
16 Sec. 1534. Section 101.10, Code 2023, is amended to read as
17follows:
18101.10 Assistance of department of natural resources.
19If the state fire marshal director has reasonable grounds
20for believing that a leak constitutes a hazardous condition
21which threatens the public health and safety, the fire marshal
22 director may request the assistance of the department of
23natural resources, and upon such request the department of
24natural resources is empowered to eliminate the hazardous
25condition as provided in chapter 455B, subchapter IV, part
264, the provisions of section 455B.390, subsection 3, to the
27contrary notwithstanding.
28 Sec. 1535. Section 101.12, subsections 1 and 2, Code 2023,
29are amended to read as follows:
301. An aboveground flammable or combustible liquid storage
31tank may be installed at a retail motor vehicle fuel outlet,
32subject to rules adopted by the state fire marshal director.
332. Rules adopted by the state fire marshal director
34 pursuant to this section shall be in substantial compliance
35with the applicable standards of the national fire protection
-963-1association.
2 Sec. 1536. Section 101.21, subsection 6, Code 2023, is
3amended by striking the subsection.
4 Sec. 1537. Section 101.22, subsections 1, 2, 3, 4, and 7,
5Code 2023, are amended to read as follows:
61. Except as provided in subsection 2, the owner or operator
7of an aboveground flammable or combustible liquid storage tank
8existing on July 1, 2010, shall notify the state fire marshal
9 director in writing by October 1, 2010, of the existence of
10each tank and specify the age, size, type, location, and uses
11of the tank.
122. The owner of an aboveground flammable or combustible
13liquid storage tank taken out of operation on or before July 1,
142010, shall notify the state fire marshal director in writing
15by October 1, 2010, of the existence of the tank unless the
16owner knows the tank has been removed from the site. The
17notice shall specify, to the extent known to the owner, the
18date the tank was taken out of operation, the age of the
19tank on the date taken out of operation, the size, type, and
20location of the tank, and the type and quantity of substances
21left stored in the tank on the date that it was taken out of
22operation.
233. An owner or operator who brings into use an aboveground
24flammable or combustible liquid storage tank after July 1,
252010, shall notify the state fire marshal director in writing
26within thirty days of the existence of the tank and specify the
27age, size, type, location, and uses of the tank.
284. The registration notice of the owner or operator to the
29state fire marshal director under subsections 1 through 3 shall
30be accompanied by an annual fee of twenty dollars for each tank
31included in the notice. All moneys collected shall be retained
32by the department of public safety inspections, appeals, and
33licensing and are appropriated for the use of the state fire
34marshal director. The annual renewal fee applies to all owners
35or operators who file a registration notice with the state fire
-964-1marshal pursuant to subsections 1 through 3.
27. a. The state fire marshal director shall furnish the
3owner or operator of an aboveground flammable or combustible
4liquid storage tank with a registration tag for each
5aboveground flammable or combustible liquid storage tank
6registered with the state fire marshal director.
7b. The owner or operator shall affix the tag to the fill
8pipe of each registered aboveground flammable or combustible
9liquid storage tank.
10 Sec. 1538. Section 101.23, Code 2023, is amended to read as
11follows:
12101.23 State fire marshal Director reporting rules.
13The state fire marshal director shall adopt rules pursuant
14to chapter 17A relating to reporting requirements necessary to
15enable the state fire marshal director to maintain an accurate
16inventory of aboveground flammable or combustible liquid
17storage tanks.
18 Sec. 1539. Section 101.24, Code 2023, is amended to read as
19follows:
20101.24 Duties and powers of the state fire marshal director.
21The state fire marshal director shall:
221. Inspect and investigate the facilities and records of
23owners and operators of aboveground flammable or combustible
24liquid storage tanks with a capacity of fifteen thousand or
25more gallons, as necessary to determine compliance with this
26subchapter and the rules adopted pursuant to this subchapter.
27An inspection or investigation shall be conducted subject to
28subsection 4. For purposes of developing a rule, maintaining
29an accurate inventory, or enforcing this subchapter, the
30department of inspections, appeals, and licensing may:
31a. Enter at reasonable times an establishment or other place
32where an aboveground storage tank is located.
33b. Inspect and obtain samples from any person of flammable
34or combustible liquid or another regulated substance and
35conduct monitoring or testing of the tanks, associated
-965-1equipment, contents, or surrounding soils, air, surface water,
2and groundwater. Each inspection shall be commenced and
3completed with reasonable promptness.
4(1) If the state fire marshal director obtains a sample,
5prior to leaving the premises, the fire marshal director
6 shall give the owner, operator, or agent in charge a receipt
7describing the sample obtained and if requested a portion of
8each sample equal in volume or weight to the portion retained.
9If the sample is analyzed, a copy of the results of the
10analysis shall be furnished promptly to the owner, operator,
11or agent in charge.
12(2) Documents or information obtained from a person under
13this subsection shall be available to the public except as
14provided in this subparagraph. Upon a showing satisfactory
15to the state fire marshal director by a person that public
16disclosure of documents or information, or a particular
17part of the documents or information to which the state fire
18marshal director has access under this subsection would divulge
19commercial or financial information entitled to protection as a
20trade secret, the state fire marshal director shall consider
21the documents or information or the particular portion of the
22documents or information confidential. However, the documents
23or information may be disclosed to officers, employees, or
24authorized representatives of the United States charged with
25implementing the federal Solid Waste Disposal Act, to employees
26of the state of Iowa or of other states when the document or
27information is relevant to the discharge of their official
28duties, and when relevant in a proceeding under the federal
29Solid Waste Disposal Act or this subchapter.
302. Maintain an accurate inventory of aboveground flammable
31or combustible liquid storage tanks.
323. Take any action allowed by law which, in the state fire
33marshal’s director’s judgment, is necessary to enforce or
34secure compliance with this subchapter or any rule adopted
35pursuant to this subchapter.
-966- 14. Conduct investigations of complaints received directly,
2referred by other agencies, or other investigations deemed
3necessary. While conducting an investigation, the state fire
4marshal director may enter at any reasonable time in and upon
5any private or public property to investigate any actual or
6possible violation of this subchapter or the rules or standards
7adopted under this subchapter. However, the owner or person in
8charge shall be notified.
9a. If the owner or operator of any property refuses
10admittance, or if prior to such refusal the state fire marshal
11 director demonstrates the necessity for a warrant, the state
12fire marshal may make application under oath or affirmation
13to the district court of the county in which the property is
14located for the issuance of a search warrant.
15b. In the application the state fire marshal director shall
16state that an inspection of the premises is mandated by the
17laws of this state or that a search of certain premises, areas,
18or things designated in the application may result in evidence
19tending to reveal the existence of violations of public health,
20safety, or welfare requirements imposed by statutes, rules, or
21ordinances established by the state or a political subdivision
22of the state. The application shall describe the area,
23premises, or thing to be searched, give the date of the last
24inspection if known, give the date and time of the proposed
25inspection, declare the need for such inspection, recite that
26notice of the desire to make an inspection has been given to
27affected persons and that admission was refused if that be the
28fact, and state that the inspection has no purpose other than
29to carry out the purpose of the statute, rule, or ordinance
30pursuant to which inspection is to be made. If an item of
31property is sought by the state fire marshal director, it shall
32be identified in the application.
33c. If the court is satisfied from the examination of
34the applicant, and of other witnesses, if any, and of the
35allegations of the application of the existence of the grounds
-967-1of the application, or that there is probable cause to believe
2in their existence, the court may issue a search warrant.
3d. In making inspections and searches pursuant to the
4authority of this subchapter, the state fire marshal director
5 must execute the warrant as follows:
6(1) Within ten days after its date.
7(2) In a reasonable manner, and any property seized shall
8be treated in accordance with the provisions of chapters 808
9and 809.
10(3) Subject to any restrictions imposed by the statute, rule
11or ordinance pursuant to which inspection is made.
12 Sec. 1540. Section 101.25, Code 2023, is amended to read as
13follows:
14101.25 Violations — orders.
151. If substantial evidence exists that a person has
16violated or is violating a provision of this subchapter or
17a rule adopted under this subchapter the state fire marshal
18 director may issue an order directing the person to desist
19in the practice which constitutes the violation, and to take
20corrective action as necessary to ensure that the violation
21will cease, and may impose appropriate administrative penalties
22pursuant to section 101.26. The person to whom the order is
23issued may appeal the order as provided in chapter 17A. On
24appeal, the administrative law judge may affirm, modify, or
25vacate the order of the state fire marshal director.
262. However, if it is determined by the state fire marshal
27 director that an emergency exists respecting any matter
28affecting or likely to affect the public health, the fire
29marshal director may issue any order necessary to terminate
30the emergency without notice and without hearing. The order
31is binding and effective immediately and until the order is
32modified or vacated at an administrative hearing or by a
33district court.
343. The state fire marshal director may request the attorney
35general to institute legal proceedings pursuant to section
-968-1101.26.
2 Sec. 1541. Section 101.26, Code 2023, is amended to read as
3follows:
4101.26 Penalties — burden of proof.
51. A person who violates this subchapter or a rule adopted
6or order issued pursuant to this subchapter is subject to a
7civil penalty not to exceed one hundred dollars for each day
8during which the violation continues, up to a maximum of one
9thousand dollars; however, if the tank is registered within
10thirty days after the state fire marshal director issues a
11cease and desist order pursuant to section 101.25, subsection
121, the civil penalty under this section shall not accrue. The
13civil penalty is an alternative to a criminal penalty provided
14under this subchapter.
152. A person who knowingly fails to notify or makes a false
16statement, representation, or certification in a record,
17report, or other document filed or required to be maintained
18under this subchapter, or violates an order issued under this
19subchapter, is guilty of an aggravated misdemeanor.
203. The attorney general, at the request of the state fire
21marshal director, shall institute any legal proceedings,
22including an action for an injunction, necessary to enforce the
23penalty provisions of this subchapter or to obtain compliance
24with the provisions of this subchapter or rules adopted or
25order pursuant to this subchapter. In any action, previous
26findings of fact of the state fire marshal director after
27notice and hearing are conclusive if supported by substantial
28evidence in the record when the record is viewed as a whole.
294. In all proceedings with respect to an alleged violation
30of this subchapter or a rule adopted or order issued by the
31state fire marshal director pursuant to this subchapter, the
32burden of proof is upon the state fire marshal director.
335. If the attorney general has instituted legal proceedings
34in accordance with this section, all related issues which could
35otherwise be raised by the alleged violator in a proceeding for
-969-1judicial review under section 101.27 shall be raised in the
2legal proceedings instituted in accordance with this section.
3 Sec. 1542. Section 101.27, Code 2023, is amended to read as
4follows:
5101.27 Judicial review.
6Except as provided in section 101.26, subsection 5,
7judicial review of an order or other action of the state fire
8marshal director may be sought in accordance with chapter 17A.
9Notwithstanding chapter 17A, the Iowa administrative procedure
10Act, petitions for judicial review may be filed in the district
11court of the county in which the alleged offense was committed
12or the final order was entered.
13 Sec. 1543. Section 101A.1, subsections 2, 6, and 7, Code
142023, are amended to read as follows:
152. “Commercial license” or “license” means a license issued
16by the state fire marshal director pursuant to this chapter.
176. “Licensee” means a person holding a commercial license
18issued by the state fire marshal director pursuant to this
19chapter.
207. “Magazine” means any building or structure, other than an
21explosives manufacturing building, approved by the state fire
22marshal director or the fire marshal’s director’s designated
23agent for the storage of explosive materials.
24 Sec. 1544. Section 101A.1, Code 2023, is amended by adding
25the following new subsection:
26 NEW SUBSECTION. 2A. “Director” means the director of
27the department of inspections, appeals, and licensing or the
28director’s designee.
29 Sec. 1545. Section 101A.2, subsections 1 and 2, Code 2023,
30are amended to read as follows:
311. The state fire marshal director shall issue commercial
32licenses for the manufacture, importation, distribution, sale,
33and commercial use of explosives to persons who, in the state
34fire marshal’s director’s discretion are of good character
35and sound judgment, and have sufficient knowledge of the
-970-1use, handling, and storage of explosive materials to protect
2the public safety. Licenses shall be issued for a period of
3three years, but may be issued for shorter periods, and may be
4revoked or suspended by the state fire marshal director for any
5of the following reasons:
6a. Falsification of information submitted in the application
7for a license.
8b. Proof that the licensee has violated any provisions of
9this chapter or any rules prescribed by the state fire marshal
10 director pursuant to the provisions of this chapter.
11c. The results of a national criminal history check
12conducted pursuant to subsection 3.
132. Licenses shall be issued by the state fire marshal
14 director upon payment of a fee of sixty dollars, valid for a
15period of three calendar years, commencing on January 1 of the
16first year and terminating on December 31 of the third year.
17However, an initial license may be issued during a calendar
18year for the number of months remaining in such calendar year
19and the following two years, computed to the first day of the
20month when the application for the license is approved. The
21license fee shall be charged on a pro rata basis for the number
22of months remaining in the period of issue. Applications for
23renewal of licenses shall be submitted within thirty days prior
24to the license expiration date and shall be accompanied by
25payment of the prescribed fee.
26 Sec. 1546. Section 101A.3, subsections 1 and 2, Code 2023,
27are amended to read as follows:
281. User’s permits to purchase, possess, transport, store,
29and detonate explosive materials shall be issued by the sheriff
30of the county or the chief of police of a city of ten thousand
31population or more where the possession and detonation will
32occur. If the possession and detonation are to occur in more
33than one county or city, then such permits must be issued by
34the sheriff or chief of police of each of such counties or
35cities, except in counties and cities in which the explosives
-971-1are possessed for the sole purpose of transporting them
2through such counties and cities. A permit shall not be issued
3unless the sheriff or chief of police having jurisdiction is
4satisfied that possession and detonation of explosive materials
5is necessary to the applicant’s business or to improve the
6applicant’s property. Permits shall be issued only to persons
7who, in the discretion of the sheriff or chief of police, are
8of good character and sound judgment, and have sufficient
9knowledge of the use and handling of explosive materials to
10protect the public safety. Applicants shall be subject to the
11criminal history check provisions of section 101A.2, subsection
123. The state fire marshal director shall prescribe, have
13printed, and distribute permit application forms to all local
14permit issuing authorities.
152. The user’s permit shall state the quantity of explosive
16materials which the permittee may purchase, the amount the
17permittee may have in possession at any one time, the amount
18the permittee may detonate at any one time, and the period of
19time during which the purchase, possession, and detonation
20of explosive materials is authorized. The permit shall also
21specify the place where detonation may occur, the location and
22description of the place where the explosive materials will
23be stored, if such be the case, and shall contain such other
24information as may be required under the rules and regulations
25of the state fire marshal director. The permit shall not
26authorize purchase, possession, and detonation of a quantity of
27explosive materials in excess of that which is necessary in the
28pursuit of the applicant’s business or the improvement of the
29permittee’s property, nor shall such purchase, possession, and
30detonation be authorized for a period longer than is necessary
31for the specified purpose. In no event shall the permit be
32valid for more than thirty days from date of issuance but it
33may be renewed upon proper showing of necessity.
34 Sec. 1547. Section 101A.4, subsection 1, Code 2023, is
35amended to read as follows:
-972- 11. Judicial review of the action of the state fire marshal
2 director may be sought in accordance with the terms of the Iowa
3administrative procedure Act, chapter 17A.
4 Sec. 1548. Section 101A.5, Code 2023, is amended to read as
5follows:
6101A.5 Rules — director duties.
71. The state fire marshal director shall adopt rules
8pursuant to chapter 17A pertaining to the manufacture,
9transportation, storage, possession, and use of explosive
10materials. Rules adopted by the state fire marshal director
11 shall be compatible with, but not limited to, the national
12fire protection association’s pamphlet number 495 and federal
13rules pertaining to commerce, possession, storage, and use of
14explosive materials. Such rules shall do all of the following:
151. a. Prescribe reasonable standards for the safe
16transportation and handling of explosive materials so as to
17prevent accidental fires and explosions and prevent theft and
18unlawful or unauthorized possession of explosive materials.
192. b. Prescribe procedures and methods of inventory so
20as to assure accurate records of all explosive materials
21manufactured or imported into the state and records of the
22disposition of such explosive materials, including records of
23the identity of persons to whom sales and transfers are made,
24and the time and place of any loss or destruction of explosive
25materials which might occur.
263. c. Prescribe reasonable standards for the safe
27storage of explosive materials as may be necessary to prevent
28accidental fires and explosions and prevent thefts and unlawful
29or unauthorized possession of explosive materials.
304. d. Require such reports from licensees, permittees,
31sheriffs, and chiefs of police as may be necessary for the
32state fire marshal director to discharge the fire marshal’s
33 director’s duties pursuant to this chapter.
345. e. Prescribe the form and content of license and permit
35applications.
-973- 16. 2. Conduct The director shall conduct such inspections
2of licensees and permittees as may be necessary to enforce the
3provisions of this chapter.
4 Sec. 1549. Section 101A.7, Code 2023, is amended to read as
5follows:
6101A.7 Inspection of storage facility.
71. The licensee’s or permittee’s explosives storage
8facility shall be inspected at least once a year by a
9representative of the state fire marshal’s office department
10of inspections, appeals, and licensing, except that the state
11fire marshal director may, at those mining operations licensed
12and regulated by the United States department of labor, accept
13an approved inspection report issued by the United States
14department of labor, mine safety and health administration, for
15the twelve-month period following the issuance of the report.
16The state fire marshal director shall notify the appropriate
17city or county governing board of licenses to be issued in
18their respective jurisdictions pursuant to this chapter. The
19notification shall contain the name of the applicant to be
20licensed, the location of the facilities to be used in storing
21explosives, the types and quantities of explosive materials to
22be stored, and other information deemed necessary by either
23the governing boards or the state fire marshal director. The
24facility may be examined at other times by the sheriff of the
25county where the facility is located or by the local police
26authority if the facility is located within a city of over
27ten thousand population and if the sheriff or city council
28considers it necessary.
292. If the state fire marshal director finds the facility
30to be improperly secured, the licensee or permittee shall
31immediately correct the improper security and, if not so
32corrected, the state fire marshal director shall immediately
33confiscate the stored explosives. Explosives may be
34confiscated by the county sheriff or local police authority
35only if a situation that is discovered during an examination by
-974-1those authorities is deemed to present an immediate danger. If
2the explosives are confiscated by the county sheriff or local
3police authority, they shall be delivered to the state fire
4marshal director. The state fire marshal director shall hold
5confiscated explosives for a period of thirty days under proper
6security unless the period of holding is shortened pursuant to
7this section.
83. If the licensee or permittee corrects the improper
9security within the thirty-day period, the explosives shall
10be returned to the licensee or permittee after correction and
11after the licensee or permittee has paid to the state an amount
12equal to the expense incurred by the state in storing the
13explosives during the period of confiscation. The amount of
14expense shall be determined by the state fire marshal director.
154. If the improper security is not corrected during the
16thirty-day period, the state fire marshal director shall
17dispose of the explosives and the license or permit shall be
18canceled. A canceled license or permit shall not be reissued
19for a period of two years from the date of cancellation.
20 Sec. 1550. Section 101A.8, Code 2023, is amended to read as
21follows:
22101A.8 Report of theft or loss required.
23Any theft or loss of explosive materials, whether from
24a storage magazine, a vehicle in which they are being
25transported, or from a site on which they are being used,
26or from any other location, shall immediately be reported by
27the person authorized to possess such explosives to the local
28police or county sheriff. The local police or county sheriff
29shall immediately transmit a report of such theft or loss of
30explosive materials to the state fire marshal director.
31 Sec. 1551. Section 101A.9, Code 2023, is amended to read as
32follows:
33101A.9 Disposal regulated.
34No person shall abandon or otherwise dispose of any
35explosives in any manner which might, as the result of such
-975-1abandonment or disposal, create any danger or threat of danger
2to life or property. Any person in possession or control of
3explosives shall, when the need for such explosives no longer
4exists, dispose of them in accordance with rules prescribed by
5the state fire marshal director.
6 Sec. 1552. Section 101A.10, Code 2023, is amended to read
7as follows:
8101A.10 Persons and agencies exempt.
9This chapter shall not apply to the transportation and
10use of explosive materials by the regular military or naval
11forces of the United States, the duly organized militia of this
12state, representatives of the state fire marshal director, the
13state patrol, division of criminal investigation, local police
14departments, sheriffs departments, and fire departments acting
15in their official capacity; nor shall this chapter apply to
16the transportation and use of explosive materials by any peace
17officer to enforce provisions of this chapter when the peace
18officer is acting pursuant to such authority, however, other
19agencies of the state or any of its political subdivisions
20desiring to purchase, possess, transport, or use explosive
21materials for construction or other purposes shall be required
22to obtain user’s permits.
23 Sec. 1553. Section 101A.12, Code 2023, is amended to read
24as follows:
25101A.12 Deposit and use of fees.
26The fees collected by the state fire marshal director in
27issuing licenses pursuant to this chapter shall be deposited in
28the state general fund.
29 Sec. 1554. Section 101A.14, subsection 2, Code 2023, is
30amended to read as follows:
312. Any person who violates the provisions of section 101A.6,
32101A.8 or 101A.9 or any of the rules adopted by the state fire
33marshal director pursuant to the provisions of this chapter,
34commits a simple misdemeanor.
35 Sec. 1555. Section 101B.2, subsection 3, Code 2023, is
-976-1amended to read as follows:
23. “Department” means the department of public safety
3 inspections, appeals, and licensing.
4 Sec. 1556. Section 101B.3, subsection 4, Code 2023, is
5amended to read as follows:
64. The department of public safety shall administer
7this chapter and may adopt rules pursuant to chapter 17A to
8administer this chapter. This chapter shall be implemented in
9accordance with the implementation and substance of the New
10York fire safety standards for cigarettes.
11 Sec. 1557. Section 101B.6, subsection 2, Code 2023, is
12amended to read as follows:
132. A wholesaler or agent shall provide a copy of the
14cigarette packaging markings received from a manufacturer to
15all retailers to whom the wholesaler or agent sells cigarettes.
16A wholesaler, agent, or retailer shall permit the state fire
17marshal department, department of revenue, or the office of the
18attorney general to inspect markings of cigarette packaging
19marked in accordance with section 101B.7.
20 Sec. 1558. Section 101B.8, subsections 7, 8, and 9, Code
212023, are amended to read as follows:
227. In addition to any other remedy provided by law, the
23department of public safety or the office of the attorney
24general may file an action in district court for a violation of
25this chapter, including petitioning for injunctive relief or to
26recover any costs or damages suffered by the state because of a
27violation of this chapter, including enforcement costs relating
28to the specific violation and attorney fees. Each violation of
29the chapter or of rules adopted under this chapter constitutes
30a separate civil violation for which the department of public
31safety or the office of the attorney general may seek relief.
328. The department of revenue in the regular course of
33conducting inspections of a wholesaler, agent, or retailer
34may inspect cigarettes in the possession or control of the
35wholesaler, agent, or retailer or on the premises of any
-977-1wholesaler, agent, or retailer to determine if the cigarettes
2are marked as required pursuant to section 101B.7. If the
3cigarettes are not marked as required, the department of
4revenue shall notify the department of public safety.
59. To enforce the provisions of this chapter, the department
6of public safety and the office of the attorney general may
7examine the books, papers, invoices, and other records of any
8person in possession, control, or occupancy of any premises
9where cigarettes are placed, sold, or offered for sale,
10including the stock of cigarettes on the premises.
11 Sec. 1559. Section 101B.10, subsection 1, Code 2023, is
12amended to read as follows:
131. This chapter shall cease to be applicable if federal
14fire safety standards for cigarettes that preempt this chapter
15are enacted and take effect subsequent to January 1, 2009, and
16the state fire marshal department shall notify the secretary of
17state and the Code editor if such federal fire safety standards
18for cigarettes are enacted.
19 Sec. 1560. Section 103.1, Code 2023, is amended by adding
20the following new subsections:
21 NEW SUBSECTION. 6A. “Department” means the department of
22inspections, appeals, and licensing.
23 NEW SUBSECTION. 6B. “Director” means the director of
24the department of inspections, appeals, and licensing or the
25director’s designee.
26 Sec. 1561. Section 103.2, subsection 1, Code 2023, is
27amended to read as follows:
281. An electrical examining board is created within the
29division of state fire marshal of the department of public
30safety. The board shall consist of eleven voting members
31appointed by the governor and subject to senate confirmation,
32all of whom shall be residents of this state. Except for the
33board member enumerated in subsection 2, paragraph “e”, members
34shall be appointed by the governor and subject to senate
35confirmation.
-978-1 Sec. 1562. Section 103.2, Code 2023, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 2A. a. The board shall elect annually from
4its members a chairperson and a vice chairperson.
5b. The board shall hold at least one meeting quarterly at
6the location of the board’s principal office, and meetings
7shall be called at other times by the chairperson or four
8members of the board. At any meeting of the board, a majority
9of members constitutes a quorum.
10 Sec. 1563. Section 103.4, Code 2023, is amended by striking
11the section and inserting in lieu thereof the following:
12103.4 Executive secretary — staff and duties.
13The director shall appoint an executive secretary for the
14board and shall hire and provide staff to assist the board
15in administering this chapter. The executive secretary
16shall report to the director for purposes of routine board
17administrative functions, and shall report directly to
18the board for purposes of execution of board policy such
19as application of licensing criteria and processing of
20applications.
21 Sec. 1564. Section 103.7, Code 2023, is amended to read as
22follows:
23103.7 Electrician and installer licensing and inspection
24fund.
25An electrician and installer licensing and inspection fund
26is created in the state treasury as a separate fund under the
27control of the board. All licensing, examination, renewal,
28and inspection fees shall be deposited into the fund and
29retained by and for the use of the board. Expenditures from
30the fund shall be approved by the sole authority of the board
31in consultation with the state fire marshal director. Amounts
32deposited into the fund shall be considered repayment receipts
33as defined in section 8.2. Notwithstanding section 8.33, any
34balance in the fund on June 30 of each fiscal year shall not
35revert to the general fund of the state, but shall remain
-979-1available for the purposes of this chapter in subsequent fiscal
2years. Notwithstanding section 12C.7, subsection 2, interest
3or earnings on moneys deposited in the fund shall be credited
4to the fund.
5 Sec. 1565. Section 103.14, Code 2023, is amended to read as
6follows:
7103.14 Alarm installations.
8A person who is not licensed pursuant to this chapter may
9plan, lay out, or install electrical wiring, apparatus, and
10equipment for components of alarm systems that operate at
11seventy volt/amps (VA) or less, only if the person is certified
12to conduct such work pursuant to chapter 100C. Installations
13of alarm systems that operate at seventy volt/amps (VA) or less
14are subject to inspection by state inspectors as provided in
15section 103.31, except that reports of such inspections, if
16the installation being inspected was performed by a person
17certified pursuant to chapter 100C, shall be submitted to
18the state fire marshal director and any action taken on a
19report of an inspection of an installation performed by a
20person certified pursuant to chapter 100C shall be taken by
21or at the direction of the state fire marshal, unless the
22installation has been found to exceed the authority granted to
23the certificate holder pursuant to chapter 100C and therefore
24to be in violation of this chapter.
25 Sec. 1566. Section 103.25, subsection 1, Code 2023, is
26amended to read as follows:
271. At or before commencement of any installation required
28to be inspected by the board, the licensee or property owner
29making such installation shall submit to the state fire
30marshal’s office department a request for inspection. The
31board shall prescribe the methods by which the request may be
32submitted, which may include electronic submission or through
33a form prescribed by the board that can be submitted either
34through the mail or by a fax transmission. The board shall
35also prescribe methods by which inspection fees can be paid,
-980-1which may include electronic methods of payment. If the board
2or the state fire marshal’s office department becomes aware
3that a person has failed to file a necessary request for
4inspection, the board shall send a written notification by
5certified mail that the request must be filed within fourteen
6days. Any person filing a late request for inspection shall
7pay a delinquency fee in an amount to be determined by the
8board. A person who fails to file a late request within
9fourteen days from receipt of the notification shall be subject
10to a civil penalty to be determined by the board by rule.
11 Sec. 1567. Section 103.26, Code 2023, is amended to read as
12follows:
13103.26 Condemnation — disconnection — opportunity to
14correct noncompliance.
15If the inspector finds that any installation or portion of
16an installation is not in compliance with accepted standards
17of construction for health safety and property safety, based
18upon minimum standards set forth in the local electrical
19code or the national electrical code adopted by the board
20pursuant to section 103.6, the inspector shall by written
21order condemn the installation or noncomplying portion or
22order service to such installation disconnected and shall
23send a copy of such order to the board, the state fire
24marshal director, and the electrical utility supplying power
25involved. If the installation or the noncomplying portion is
26such as to seriously and proximately endanger human health
27or property, the order of the inspector when approved by the
28inspector’s supervisor shall require immediate condemnation
29and disconnection by the applicant. In all other cases, the
30order of the inspector shall establish a reasonable period
31of time for the installation to be brought into compliance
32with accepted standards of construction for health safety and
33property safety prior to the effective date established in such
34order for condemnation or disconnection.
35 Sec. 1568. Section 103.31, subsections 3, 4, and 5, Code
-981-12023, are amended to read as follows:
23. State inspection procedures and policies shall be
3established by the board. The state fire marshal director, or
4the state fire marshal’s director’s designee, shall enforce
5the procedures and policies, and enforce the provisions of the
6national electrical code adopted by the board.
74. Except when an inspection reveals that an installation or
8portion of an installation is not in compliance with accepted
9standards of construction for health safety and property
10safety, based upon minimum standards set forth in the local
11electrical code or the national electrical code adopted by
12the board pursuant to section 103.6, such that an order of
13condemnation or disconnection is warranted pursuant to section
14103.26, an inspector shall not add to, modify, or amend a
15construction plan as originally approved by the state fire
16marshal director or the state building code commissioner in the
17course of conducting an inspection.
185. Management and supervision of inspectors, including
19hiring decisions, disciplinary action, promotions, and work
20schedules are the responsibility of the state fire marshal
21 director acting in accordance with applicable law and pursuant
22to any applicable collective bargaining agreement. The state
23fire marshal director and the board shall jointly determine
24work territories, regions, or districts for inspectors
25and continuing education and ongoing training requirements
26applicable to inspectors. An inspector subject to disciplinary
27action pursuant to this subsection shall be entitled to an
28appeal according to the procedure set forth in section 103.34
29and judicial review pursuant to section 17A.19.
30 Sec. 1569. Section 103.32, subsection 3, Code 2023, is
31amended to read as follows:
323. When an inspection is requested by a property owner,
33the minimum fee shall be thirty dollars plus five dollars
34per branch circuit or feeder. The fee for fire and accident
35inspections shall be computed at the rate of forty-seven
-982-1dollars per hour, and mileage and other expenses shall be
2reimbursed as provided by the office of the state fire marshal
3 department.
4 Sec. 1570. Section 103.33, subsection 1, Code 2023, is
5amended to read as follows:
61. Any person aggrieved by a condemnation or disconnection
7order issued by the state fire marshal’s office department may
8appeal from the order by filing a written notice of appeal with
9the board within ten days after the date the order was served
10upon the property owner or within ten days after the order was
11filed with the board, whichever is later.
12 Sec. 1571. Section 103A.3, Code 2023, is amended by adding
13the following new subsections:
14 NEW SUBSECTION. 6A. “Department” means the department of
15inspections, appeals, and licensing.
16 NEW SUBSECTION. 6B. “Director” means the director of
17the department of inspections, appeals, and licensing or the
18director’s designee.
19 Sec. 1572. Section 103A.4, Code 2023, is amended to read as
20follows:
21103A.4 Building code commissioner.
22The commissioner of public safety director, in addition
23to other duties, shall serve as the state building code
24commissioner or may designate a building code commissioner.
25 Sec. 1573. Section 103A.23, subsection 1, Code 2023, is
26amended to read as follows:
271. For the purpose of obtaining revenue to defray the
28costs of administering the provisions of this chapter, the
29commissioner shall establish by rule a schedule of fees based
30upon the costs of administration which fees shall be collected
31from persons whose manufacture, installation, or construction
32is subject to the provisions of the state building code. For
33the performance of building plan reviews by the department
34of public safety, the commissioner shall establish by rule a
35fee, chargeable to the owner of the building, which shall be
-983-1equal to a percentage of the estimated total valuation of the
2building and which shall be in an amount reasonably related to
3the cost of conducting the review.
4 Sec. 1574. Section 103A.54, Code 2023, is amended to read
5as follows:
6103A.54 Fees.
7Notwithstanding section 103A.23, the department of
8public safety shall retain all fees collected pursuant to
9this subchapter and the fees retained are appropriated to
10the commissioner to administer the licensing program and
11the certification program for manufactured or mobile home
12installers, including the employment of personnel for the
13enforcement and administration of such programs.
14 Sec. 1575. Section 105.2, subsection 4, Code 2023, is
15amended to read as follows:
164. “Department” means the Iowa department of public health
17 inspections, appeals, and licensing.
18 Sec. 1576. Section 105.3, subsection 1, Code 2023, is
19amended to read as follows:
201. A plumbing and mechanical systems board is created within
21the Iowa department of public health.
22 Sec. 1577. Section 105.3, subsection 2, paragraph a,
23unnumbered paragraph 1, Code 2023, is amended to read as
24follows:
25The board shall be comprised of eleven twelve voting
26 members, appointed by the governor, as follows:
27 Sec. 1578. Section 105.3, subsection 2, paragraph a,
28subparagraph (1), Code 2023, is amended to read as follows:
29(1) The director of public health and human services or the
30director’s designee.
31 Sec. 1579. Section 105.3, subsection 2, paragraph a, Code
322023, is amended by adding the following new subparagraph:
33 NEW SUBPARAGRAPH. (2A) The director of the department of
34inspections, appeals, and licensing or the director’s designee.
35 Sec. 1580. Section 105.3, subsection 2, paragraph b, Code
-984-12023, is amended to read as follows:
2b. The board members enumerated in paragraph a “a”,
3subparagraphs (3) through (9), are shall be appointed by the
4governor and subject to confirmation by the senate.
5 Sec. 1581. Section 105.4, subsection 1, paragraph a, Code
62023, is amended to read as follows:
7a. The board shall establish by rule a plumbing installation
8code governing the installation of plumbing in this state.
9Consistent with fire safety rules and standards promulgated
10by the state fire marshal department, the board shall adopt
11the most current version of the uniform plumbing code and the
12international mechanical code, as the state plumbing code
13and the state mechanical code, to govern the installation of
14plumbing and mechanical systems in this state. The board shall
15adopt the current version of each code within six months of its
16being released. The board may adopt amendments to each code by
17rule. The board shall work in consultation with the state fire
18marshal department to ensure that proposed amendments do not
19conflict with the fire safety rules and standards promulgated
20by the state fire marshal department. The state plumbing
21code and the state mechanical code shall be applicable to all
22buildings and structures owned by the state or an agency of the
23state and in each local jurisdiction.
24 Sec. 1582. Section 105.12, subsection 1, Code 2023, is
25amended to read as follows:
261. A contracting, plumbing, mechanical, HVAC-refrigeration,
27sheet metal, or hydronic license shall be in the form of a
28certificate under the seal of the department, signed by the
29director of public health the department, and shall be issued
30in the name of the board. The license number shall be noted on
31the face of the license.
32 Sec. 1583. Section 135.11A, Code 2023, is amended to read
33as follows:
34135.11A Professional licensure division — other licensing
35 Licensing boards — expenses — fees.
-985- 11. There shall be a professional licensure division within
2the department of public health. Each board under chapter
3 chapters 100C, 103, 103A, 105, or 147 or that are under the
4administrative authority of the department, except the board
5of nursing, board of medicine, dental board, and board of
6pharmacy, shall receive administrative and clerical support
7from the division department and may not employ its own support
8staff for administrative and clerical duties. The executive
9director of the board of nursing, board of medicine, dental
10board, and board of pharmacy shall be appointed pursuant to
11section 135.11B.
122. The professional licensure division department and the
13licensing boards referenced in subsection 1 may expend funds in
14addition to amounts budgeted, if those additional expenditures
15are directly the result of actual examination and exceed funds
16budgeted for examinations. Before the division department or a
17licensing board expends or encumbers an amount in excess of the
18funds budgeted for examinations, the director of the department
19of management shall approve the expenditure or encumbrance.
20Before approval is given, the department of management shall
21determine that the examination expenses exceed the funds
22budgeted by the general assembly to the division department
23 or board and the division department or board does not have
24other funds from which examination expenses can be paid.
25Upon approval of the department of management, the division
26 department or licensing board may expend and encumber funds for
27excess examination expenses. The amounts necessary to fund
28the excess examination expenses shall be collected as fees
29from additional examination applicants and shall be treated as
30repayment receipts as defined in section 8.2.
31 Sec. 1584. Section 135.24, subsection 2, paragraph a, Code
322023, is amended to read as follows:
33a. Procedures for registration of health care providers
34deemed qualified by the board of medicine, the board of
35physician assistants, the dental board, the board of nursing,
-986-1the board of chiropractic, the board of psychology, the board
2of social work, the board of behavioral science, the board
3of pharmacy, the board of optometry, the board of podiatry,
4the board of physical and occupational therapy, the board of
5respiratory care and polysomnography, and the Iowa department
6of public health inspections, appeals, and licensing, as
7applicable.
8 Sec. 1585. Section 135.31, Code 2023, is amended to read as
9follows:
10135.31 Location of boards — rulemaking.
11The offices for the board of medicine, the board of pharmacy,
12the board of nursing, and the dental board shall be located
13within the department of public health. The individual boards
14shall have policymaking and rulemaking authority.
15 Sec. 1586. Section 135.37, Code 2023, is amended to read as
16follows:
17135.37 Tattooing — permit requirement — penalty.
181. A person shall not own, control and lease, act as an
19agent for, conduct, manage, or operate an establishment to
20practice the art of tattooing or engage in the practice of
21tattooing without first applying for and receiving a permit
22from the Iowa department of public health.
232. A minor shall not obtain a tattoo and a person shall
24not provide a tattoo to a minor. For the purposes of this
25section, “minor” means an unmarried person who is under the age
26of eighteen years.
273. A person who fails to meet the requirements of subsection
281 or a person providing a tattoo to a minor is guilty of a
29serious misdemeanor.
304. The Iowa department of public health shall:
31a. Adopt rules pursuant to chapter 17A and establish and
32collect all fees necessary to administer this section. The
33provisions of chapter 17A, including licensing provisions,
34judicial review, and appeal, shall apply to this chapter
35 section.
-987- 1b. Establish minimum safety and sanitation criteria for the
2operation of tattooing establishments.
35. If the Iowa department of public health determines that
4a provision of this section has been or is being violated, the
5department may order that a tattooing establishment not be
6operated until the necessary corrective action has been taken.
7If the establishment continues to be operated in violation of
8the order of the department, the department may request that
9the county attorney or the attorney general make an application
10in the name of the state to the district court of the county
11in which the violations have occurred for an order to enjoin
12the violations. This remedy is in addition to any other legal
13remedy available to the department.
146. As necessary to avoid duplication and promote
15coordination of public health inspection and enforcement
16activities, the department may enter into agreements with
17local boards of health to provide for inspection of tattooing
18establishments and enforcement activities in accordance with
19the rules and criteria implemented under this section.
20 Sec. 1587. Section 135.61, unnumbered paragraph 1, Code
212023, is amended to read as follows:
22As used in this subchapter part, unless the context
23otherwise requires:
24 Sec. 1588. Section 135.61, subsection 1, paragraph d, Code
252023, is amended to read as follows:
26d. Each institutional health facility or health maintenance
27organization which, prior to receipt of the application by the
28department, has formally indicated to the department pursuant
29to this subchapter part an intent to furnish in the future
30institutional health services similar to the new institutional
31health service proposed in the application.
32 Sec. 1589. Section 135.61, subsection 4, Code 2023, is
33amended to read as follows:
344. “Council” means the state health facilities council
35established by this subchapter part.
-988-1 Sec. 1590. Section 135.61, subsections 5 and 7, Code 2023,
2are amended by striking the subsections.
3 Sec. 1591. Section 135.62, subsection 1, Code 2023, is
4amended to read as follows:
51. This subchapter part shall be administered by the
6department. The director shall employ or cause to be employed
7the necessary persons to discharge the duties imposed on the
8department by this subchapter part.
9 Sec. 1592. Section 135.62, subsection 2, paragraph e,
10subparagraphs (2), (4), and (5), Code 2023, are amended to read
11as follows:
12(2) Determine and adopt such policies as are authorized by
13law and are deemed necessary to the efficient discharge of its
14duties under this subchapter part.
15(4) Advise and counsel with the director concerning
16the provisions of this subchapter part and the policies
17and procedures adopted by the department pursuant to this
18subchapter part.
19(5) Review and approve, prior to promulgation, all rules
20adopted by the department under this subchapter part.
21 Sec. 1593. Section 135.63, subsection 1, Code 2023, is
22amended to read as follows:
231. A new institutional health service or changed
24institutional health service shall not be offered or developed
25in this state without prior application to the department
26for and receipt of a certificate of need, pursuant to this
27subchapter part. The application shall be made upon forms
28furnished or prescribed by the department and shall contain
29such information as the department may require under this
30subchapter part. The application shall be accompanied
31by a fee equivalent to three-tenths of one percent of the
32anticipated cost of the project with a minimum fee of six
33hundred dollars and a maximum fee of twenty-one thousand
34dollars. The fee shall be remitted by the department to the
35treasurer of state, who shall place it in the general fund of
-989-1the state. If an application is voluntarily withdrawn within
2thirty calendar days after submission, seventy-five percent
3of the application fee shall be refunded; if the application
4is voluntarily withdrawn more than thirty but within sixty
5days after submission, fifty percent of the application fee
6shall be refunded; if the application is withdrawn voluntarily
7more than sixty days after submission, twenty-five percent of
8the application fee shall be refunded. Notwithstanding the
9required payment of an application fee under this subsection,
10an applicant for a new institutional health service or a
11changed institutional health service offered or developed by
12an intermediate care facility for persons with an intellectual
13disability or an intermediate care facility for persons with
14mental illness as defined pursuant to section 135C.1 is exempt
15from payment of the application fee.
16 Sec. 1594. Section 135.63, subsection 2, unnumbered
17paragraph 1, Code 2023, is amended to read as follows:
18This subchapter part shall not be construed to augment,
19limit, contravene, or repeal in any manner any other statute
20of this state which may authorize or relate to licensure,
21regulation, supervision, or control of, nor to be applicable
22to:
23 Sec. 1595. Section 135.63, subsection 2, paragraph f, Code
242023, is amended to read as follows:
25f. A residential care facility, as defined in section
26135C.1, including a residential care facility for persons with
27an intellectual disability, notwithstanding any provision in
28this subchapter part to the contrary.
29 Sec. 1596. Section 135.63, subsection 2, paragraph g,
30subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
31to read as follows:
32A reduction in bed capacity of an institutional health
33facility, notwithstanding any provision in this subchapter part
34 to the contrary, if all of the following conditions exist:
35 Sec. 1597. Section 135.63, subsection 2, paragraph h,
-990-1subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
2to read as follows:
3The deletion of one or more health services, previously
4offered on a regular basis by an institutional health facility
5or health maintenance organization, notwithstanding any
6provision of this subchapter part to the contrary, if all of
7the following conditions exist:
8 Sec. 1598. Section 135.63, subsection 2, paragraph j, Code
92023, is amended to read as follows:
10j. The construction, modification, or replacement of
11nonpatient care services, including parking facilities,
12heating, ventilation and air conditioning systems, computers,
13telephone systems, medical office buildings, and other projects
14of a similar nature, notwithstanding any provision in this
15subchapter part to the contrary.
16 Sec. 1599. Section 135.63, subsection 2, paragraph k,
17subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
18to read as follows:
19The redistribution of beds by a hospital within the acute
20care category of bed usage, notwithstanding any provision in
21this subchapter part to the contrary, if all of the following
22conditions exist:
23 Sec. 1600. Section 135.63, subsection 2, paragraph l,
24unnumbered paragraph 1, Code 2023, is amended to read as
25follows:
26The replacement or modernization of any institutional health
27facility if the replacement or modernization does not add new
28health services or additional bed capacity for existing health
29services, notwithstanding any provision in this subchapter
30 part to the contrary. With respect to a nursing facility,
31“replacement” means establishing a new facility within the same
32county as the prior facility to be closed. With reference to
33a hospital, “replacement” means establishing a new hospital
34that demonstrates compliance with all of the following criteria
35through evidence submitted to the department:
-991-1 Sec. 1601. Section 135.63, subsection 2, paragraphs m and n,
2Code 2023, are amended to read as follows:
3m. Hemodialysis services provided by a hospital or
4freestanding facility, notwithstanding any provision in this
5subchapter part to the contrary.
6n. Hospice services provided by a hospital, notwithstanding
7any provision in this subchapter part to the contrary.
8 Sec. 1602. Section 135.63, subsection 2, paragraph p,
9unnumbered paragraph 1, Code 2023, is amended to read as
10follows:
11The conversion of an existing number of beds by an
12intermediate care facility for persons with an intellectual
13disability to a smaller facility environment, including but not
14limited to a community-based environment which does not result
15in an increased number of beds, notwithstanding any provision
16in this subchapter part to the contrary, including subsection
174, if all of the following conditions exist:
18 Sec. 1603. Section 135.63, subsection 3, Code 2023, is
19amended to read as follows:
203. This subchapter part shall not be construed to be
21applicable to a health care facility operated by and for the
22exclusive use of members of a religious order, which does
23not admit more than two individuals to the facility from the
24general public, and which was in operation prior to July 1,
251986. However, this subchapter part is applicable to such
26a facility if the facility is involved in the offering or
27developing of a new or changed institutional health service on
28or after July 1, 1986.
29 Sec. 1604. Section 135.63, subsection 4, unnumbered
30paragraph 1, Code 2023, is amended to read as follows:
31A copy of the application shall be sent to the department
32of health and human services at the time the application
33is submitted to the Iowa department of public health. The
34department shall not process applications for and the council
35shall not consider a new or changed institutional health
-992-1service for an intermediate care facility for persons with an
2intellectual disability unless both of the following conditions
3are met:
4 Sec. 1605. Section 135.64, subsection 3, Code 2023, is
5amended to read as follows:
63. In the evaluation of applications for certificates
7of need submitted by the university of Iowa hospitals and
8clinics, the unique features of that institution relating to
9statewide tertiary health care, health science education, and
10clinical research shall be given due consideration. Further,
11in administering this subchapter part, the unique capacity of
12university hospitals for the evaluation of technologically
13innovative equipment and other new health services shall be
14utilized.
15 Sec. 1606. Section 135.72, unnumbered paragraph 1, Code
162023, is amended to read as follows:
17The department shall adopt, with approval of the council,
18such administrative rules as are necessary to enable it to
19implement this subchapter part. These rules shall include:
20 Sec. 1607. Section 135.73, subsection 1, Code 2023, is
21amended to read as follows:
221. Any party constructing a new institutional health
23facility or an addition to or renovation of an existing
24institutional health facility without first obtaining a
25certificate of need or, in the case of a mobile health service,
26ascertaining that the mobile health service has received
27certificate of need approval, as required by this subchapter
28 part, shall be denied licensure or change of licensure by the
29appropriate responsible licensing agency of this state.
30 Sec. 1608. Section 135.73, subsection 2, unnumbered
31paragraph 1, Code 2023, is amended to read as follows:
32A party violating this subchapter part shall be subject
33to penalties in accordance with this section. The
34department shall adopt rules setting forth the violations by
35classification, the criteria for the classification of any
-993-1violation not listed, and procedures for implementing this
2subsection.
3 Sec. 1609. Section 135.73, subsection 3, Code 2023, is
4amended to read as follows:
53. Notwithstanding any other sanction imposed pursuant
6to this section, a party offering or developing any new
7institutional health service or changed institutional health
8service without first obtaining a certificate of need as
9required by this subchapter part may be temporarily or
10permanently restrained from doing so by any court of competent
11jurisdiction in any action brought by the state, any of its
12political subdivisions, or any other interested person.
13 Sec. 1610. Section 135.74, subsection 3, Code 2023, is
14amended to read as follows:
153. The department shall, where appropriate, provide for
16modification, consistent with the purposes of this subchapter
17 part, of reporting requirements to correctly reflect the
18differences among hospitals and among health care facilities
19referred to in subsection 2, and to avoid otherwise unduly
20burdensome costs in meeting the requirements of uniform methods
21of financial reporting.
22 Sec. 1611. Section 135.75, subsection 2, Code 2023, is
23amended to read as follows:
242. Where more than one licensed hospital or health
25care facility is operated by the reporting organization,
26the information required by this section shall be reported
27separately for each licensed hospital or health care facility.
28The department shall require preparation of specified financial
29reports by a certified public accountant, and may require
30attestation of responsible officials of the reporting hospital
31or health care facility that the reports submitted are to the
32best of their knowledge and belief prepared in accordance with
33the prescribed methods of reporting. The department shall
34have the right to inspect the books, audits and records of any
35hospital or health care facility as reasonably necessary to
-994-1verify reports submitted pursuant to this subchapter part.
2 Sec. 1612. Section 135.76, subsection 1, Code 2023, is
3amended to read as follows:
41. The department shall from time to time undertake analyses
5and studies relating to hospital and health care facility
6costs and to the financial status of hospitals or health care
7facilities, or both, which are subject to the provisions of
8this subchapter part. It shall further require the filing
9of information concerning the total financial needs of each
10individual hospital or health care facility and the resources
11currently or prospectively available to meet these needs,
12including the effect of proposals made by health systems
13agencies. The department shall also prepare and file such
14summaries and compilations or other supplementary reports based
15on the information filed with it as will, in its judgment,
16advance the purposes of this subchapter part.
17 Sec. 1613. Section 135C.2, subsection 3, paragraph c, Code
182023, is amended to read as follows:
19c. The rules adopted for intermediate care facilities for
20persons with an intellectual disability shall be consistent
21with, but no more restrictive than, the federal standards for
22intermediate care facilities for persons with an intellectual
23disability established pursuant to the federal Social Security
24Act, §1905(c)(d), as codified in 42 U.S.C. §1396d, in effect on
25January 1, 1989. However, in order for an intermediate care
26facility for persons with an intellectual disability to be
27licensed, the state fire marshal director must certify to the
28department that the facility meets the applicable provisions
29of the rules adopted for such facilities by the state fire
30marshal director. The state fire marshal’s director’s rules
31shall be based upon such a facility’s compliance with either
32the provisions applicable to health care occupancies or
33residential board and care occupancies of the life safety code
34of the national fire protection association, 2000 edition. The
35department shall adopt additional rules for intermediate care
-995-1facilities for persons with an intellectual disability pursuant
2to section 135C.14, subsection 8.
3 Sec. 1614. Section 135C.2, subsection 5, paragraph b, Code
42023, is amended to read as follows:
5b. A facility must be located in an area zoned for single or
6multiple-family housing or in an unincorporated area and must
7be constructed in compliance with applicable local requirements
8and the rules adopted for the special classification by the
9state fire marshal director in accordance with the concept of
10the least restrictive environment for the facility residents.
11Local requirements shall not be more restrictive than the
12rules adopted for the special classification by the state fire
13marshal director and the state building code requirements for
14single or multiple-family housing, under section 103A.7.
15 Sec. 1615. Section 135C.5, Code 2023, is amended to read as
16follows:
17135C.5 Limitations on use.
18Another business or activity serving persons other than
19the residents of a health care facility may be operated or
20provided in a designated part of the physical structure of
21the health care facility if the other business or activity
22meets the requirements of applicable state and federal
23laws, administrative rules, and federal regulations. The
24department shall not limit the ability of a health care
25facility to operate or provide another business or activity
26in the designated part of the facility if the business or
27activity does not interfere with the use of the facility by the
28residents or with the services provided to the residents, and
29is not disturbing to the residents. In denying the ability of
30a health care facility to operate or provide another business
31or activity under this section, the burden of proof shall be
32on the department to demonstrate that the other business or
33activity substantially interferes with the use of the facility
34by the residents or the services provided to the residents,
35or is disturbing to the residents. The state fire marshal
-996-1 director, in accordance with chapter 17A, shall adopt rules
2which establish criteria for approval of a business or activity
3to be operated or provided in a designated part of the physical
4structure of a health care facility. For the purposes of
5this section, “another business or activity” shall not include
6laboratory services with the exception of laboratory services
7for which a waiver from regulatory oversight has been obtained
8under the federal Clinical Laboratory Improvement Amendments of
91988, Pub.L. No.100-578, as amended, radiological services,
10anesthesiology services, obstetrical services, surgical
11services, or emergency room services provided by hospitals
12licensed under chapter 135B.
13 Sec. 1616. Section 135C.9, Code 2023, is amended to read as
14follows:
15135C.9 Inspection before issuance — notice of deficiencies.
161. The department shall not issue a health care facility
17license to any applicant until:
18a. The department has ascertained that the staff and
19equipment of the facility is adequate to provide the care and
20services required of a health care facility of the category
21for which the license is sought. Prior to the review and
22approval of plans and specifications for any new facility
23and the initial licensing under a new licensee, a resume of
24the programs and services to be furnished and of the means
25available to the applicant for providing the same and for
26meeting requirements for staffing, equipment, and operation
27of the health care facility, with particular reference to the
28professional requirements for services to be rendered, shall be
29submitted in writing to the department for review and approval.
30The resume shall be reviewed by the department within ten
31working days and returned to the applicant. The resume shall,
32upon the department’s request, be revised as appropriate by the
33facility from time to time after issuance of a license.
34b. The facility has been inspected by the state fire marshal
35or a deputy appointed by the fire marshal for that purpose
-997-1 director, who may be a member of a municipal fire department,
2and the department has received either a certificate of
3compliance or a provisional certificate of compliance by
4the facility with the fire hazard and fire safety rules and
5standards of the department as promulgated by the fire marshal
6 director and, where applicable, the fire safety standards
7required for participation in programs authorized by either
8Tit.XVIII or Tit.XIX of the United States Social Security
9Act, codified at 42 U.S.C. §1395 – 1395ll and 1396 – 1396g. The
10certificate or provisional certificate shall be signed by the
11fire marshal director or the fire marshal’s deputy director’s
12designee who made the inspection. If the state fire marshal
13or a deputy director finds a deficiency upon inspection, the
14notice to the facility shall be provided in a timely manner
15and shall specifically describe the nature of the deficiency,
16identifying the Code section or subsection or the rule or
17standard violated. The notice shall also specify the time
18allowed for correction of the deficiency, at the end of which
19time the fire marshal or a deputy director shall perform a
20follow-up inspection.
212. The rules and standards promulgated by the fire marshal
22 director pursuant to subsection 1, paragraph “b” of this section
23shall be substantially in keeping with the latest generally
24recognized safety criteria for the facilities covered, of which
25the applicable criteria recommended and published from time
26to time by the national fire protection association shall be
27prima facie evidence. The rules and standards promulgated by
28the fire marshal director shall be promulgated in consultation
29with the department and shall, to the greatest extent possible,
30be consistent with rules adopted by the department under this
31chapter.
323. The state fire marshal or the fire marshal’s deputy
33 director may issue successive provisional certificates of
34compliance for periods of one year each to a facility which is
35in substantial compliance with the applicable fire hazard and
-998-1fire safety rules and standards, upon satisfactory evidence
2of an intent, in good faith, by the owner or operator of the
3facility to correct the deficiencies noted upon inspection
4within a reasonable period of time as determined by the state
5fire marshal or the fire marshal’s deputy director. Renewal
6of a provisional certificate shall be based on a showing
7of substantial progress in eliminating deficiencies noted
8upon the last previous inspection of the facility without
9the appearance of additional deficiencies other than those
10arising from changes in the fire hazard and fire safety rules,
11regulations and standards which have occurred since the last
12previous inspection, except that substantial progress toward
13achievement of a good faith intent by the owner or operator to
14replace the entire facility within a reasonable period of time,
15as determined by the state fire marshal or the fire marshal’s
16deputy director, may be accepted as a showing of substantial
17progress in eliminating deficiencies, for the purposes of this
18section.
194. If a facility subject to licensure under this chapter,
20a facility exempt from licensure under this chapter pursuant
21to section 135C.6, or a family home under section 335.25
22or 414.22, has been issued a certificate of compliance or
23a provisional certificate of compliance under subsection
241 or 3, or has otherwise been approved as complying with
25a rule or standard by the state or a deputy fire marshal
26 the director or a local building department as defined in
27section 103A.3, the state or deputy fire marshal director
28 or local building department which issued the certificate,
29provisional certificate, or approval shall not apply additional
30requirements for compliance with the rule or standard unless
31the rule or standard is revised in accordance with chapter 17A
32or with local regulatory procedure following issuance of the
33certificate, provisional certificate, or approval.
34 Sec. 1617. Section 135C.14, unnumbered paragraph 1, Code
352023, is amended to read as follows:
-999- 1The department shall, in accordance with chapter 17A
2and with the approval of the state board of health, adopt
3and enforce rules setting minimum standards for health care
4facilities. In so doing, the department, with the approval
5of the state board of health, may adopt by reference, with
6or without amendment, nationally recognized standards and
7rules, which shall be specified by title and edition, date
8of publication, or similar information. The rules and
9standards required by this section shall be formulated in
10consultation with the director of health and human services or
11the director’s director of health and human services’ designee,
12with the state fire marshal director, and with affected
13industry, professional, and consumer groups, and shall be
14designed to further the accomplishment of the purposes of this
15chapter and shall relate to:
16 Sec. 1618. Section 135C.14, subsection 1, Code 2023, is
17amended to read as follows:
181. Location and construction of the facility, including
19plumbing, heating, lighting, ventilation, and other housing
20conditions, which shall ensure the health, safety and comfort
21of residents and protection from fire hazards. The rules of
22the department relating to protection from fire hazards and
23fire safety shall be promulgated by the state fire marshal
24 director in consultation with the department, and shall be in
25keeping with the latest generally recognized safety criteria
26for the facilities covered of which the applicable criteria
27recommended and published from time to time by the national
28fire protection association are prima facie evidence. To
29the greatest extent possible, the rules promulgated by the
30state fire marshal director shall be consistent with the rules
31adopted by the department under this chapter.
32 Sec. 1619. Section 135C.16, subsection 3, Code 2023, is
33amended to read as follows:
343. An authorized representative of the department may
35enter any licensed health care facility without a warrant,
-1000-1and may examine all records pertaining to the care provided
2residents of the facility. An authorized representative of the
3department may contact or interview any resident, employee, or
4any other person who might have knowledge about the operation
5of a health care facility. An authorized representative of
6the department of human services shall have the same right
7with respect to any facility where one or more residents are
8cared for entirely or partially at public expense, and an
9authorized representative of the designated protection and
10advocacy agency shall have the same right with respect to
11any facility where one or more residents have developmental
12disabilities or mental illnesses, and the state fire marshal or
13a deputy appointed pursuant to section 135C.9, subsection 1,
14paragraph “b”, director shall have the same right of entry into
15any facility and the right to inspect any records pertinent
16to fire safety practices and conditions within that facility,
17and an authorized representative of the office of long-term
18care ombudsman shall have the same right with respect to any
19nursing facility or residential care facility. If any such
20authorized representative has probable cause to believe that
21any institution, building, or agency not licensed as a health
22care facility is in fact a health care facility as defined
23by this chapter, and upon producing identification that the
24individual is an authorized representative is denied entry
25thereto for the purpose of making an inspection, the authorized
26representative may, with the assistance of the county attorney
27of the county in which the purported health care facility is
28located, apply to the district court for an order requiring
29the owner or occupant to permit entry and inspection of the
30premises to determine whether there have been any violations of
31this chapter.
32 Sec. 1620. Section 135C.17, Code 2023, is amended to read
33as follows:
34135C.17 Duties of other departments.
35It shall be the duty of the department of human services,
-1001-1state fire marshal, office of long-term care ombudsman, and
2the officers and agents of other state and local governmental
3units, and the designated protection and advocacy agency to
4assist the department in carrying out the provisions of this
5chapter, insofar as the functions of these respective offices
6and departments are concerned with the health, welfare, and
7safety of any resident of any health care facility. It shall
8be the duty of the department to cooperate with the protection
9and advocacy agency and the office of long-term care ombudsman
10by responding to all reasonable requests for assistance and
11information as required by federal law and this chapter.
12 Sec. 1621. Section 135I.1, subsection 1, Code 2023, is
13amended to read as follows:
141. “Department” means the Iowa department of public health
15 inspections, appeals, and licensing.
16 Sec. 1622. Section 135K.1, subsection 3, Code 2023, is
17amended to read as follows:
183. “Department” means the Iowa department of public health
19 inspections, appeals, and licensing.
20 Sec. 1623. Section 136D.2, subsections 1 and 2, Code 2023,
21are amended to read as follows:
221. “Department” means the Iowa department of public health
23 inspections, appeals, and licensing.
242. “Director” means the director of public health the
25department of inspections, appeals, and licensing, or the
26director’s designee.
27 Sec. 1624. Section 137C.35, subsection 2, Code 2023, is
28amended to read as follows:
292. A bed and breakfast inn is subject to regulation,
30licensing, and inspection under this chapter, but separate
31toilet and lavatory facilities shall not be required for each
32guest room. Additionally, a bed and breakfast inn is exempt
33from fire safety rules adopted pursuant to section 100.35 and
34applicable to hotels, but is subject to fire safety rules which
35the state fire marshal director shall specifically adopt for
-1002-1bed and breakfast inns.
2 Sec. 1625. Section 138.1, subsections 4 and 5, Code 2023,
3are amended to read as follows:
44. “Department” means the Iowa department of public health
5 inspections, appeals, and licensing.
65. “Director” means the director of public health the
7department of inspections, appeals, and licensing or the
8director’s designee.
9 Sec. 1626. Section 147.1, subsection 2, Code 2023, is
10amended to read as follows:
112. “Department” means the department of public health
12 inspections, appeals, and licensing.
13 Sec. 1627. Section 147.82, Code 2023, is amended to read as
14follows:
15147.82 Fee retention.
16All fees collected by a board listed in section 147.13 or
17by the department for the bureau of professional licensure,
18and fees collected pursuant to sections 124.301 and 147.80 and
19chapter 155A by the board of pharmacy, shall be retained by
20each board or by the department for the bureau of professional
21licensure. The moneys retained by a board shall be used for
22any of the board’s duties, including but not limited to the
23addition of full-time equivalent positions for program services
24and investigations. Revenues retained by a board pursuant
25to this section shall be considered repayment receipts as
26defined in section 8.2. Notwithstanding section 8.33, moneys
27retained by a board pursuant to this section are not subject to
28reversion to the general fund of the state.
29 Sec. 1628. Section 148C.1, subsection 4, Code 2023, is
30amended to read as follows:
314. “Department” means the department of public health
32 inspections, appeals, and licensing.
33 Sec. 1629. Section 152B.1, subsection 2, Code 2023, is
34amended to read as follows:
352. “Department” means the Iowa department of public health
-1003-1 inspections, appeals, and licensing.
2 Sec. 1630. Section 154A.1, subsection 2, Code 2023, is
3amended to read as follows:
42. “Department” means the Iowa department of public health
5 inspections, appeals, and licensing.
6 Sec. 1631. Section 154B.8, Code 2023, is amended to read as
7follows:
8154B.8 Voluntary surrender of license.
9The director of public health the department of inspections,
10appeals, and licensing may accept the voluntary surrender of
11license if accompanied by a written statement of intention.
12The voluntary surrender, when accepted, shall have the same
13force and effect as an order of revocation.
14 Sec. 1632. Section 154B.13, subsection 2, Code 2023, is
15amended to read as follows:
162. The board shall appoint a prescribing psychologist
17rules subcommittee comprised of a psychologist appointed by
18the board, a physician appointed by the board of medicine, and
19a member of the public appointed by the director of public
20health the department of inspections, appeals, and licensing to
21develop rules for consideration by the board pursuant to this
22section.
23 Sec. 1633. Section 154E.1, subsection 3, Code 2023, is
24amended to read as follows:
253. “Department” means the Iowa department of public health
26 inspections, appeals, and licensing.
27 Sec. 1634. Section 155A.13, subsection 3, paragraph d, Code
282023, is amended to read as follows:
29d. An applicant seeking a special or limited-use pharmacy
30license for a proposed telepharmacy site that does not meet the
31mileage requirement established in paragraph “c” and is not
32statutorily exempt from the mileage requirement may apply to
33the board for a waiver of the mileage requirement. A waiver
34request shall only be granted if the applicant can demonstrate
35to the board that the proposed telepharmacy site is located in
-1004-1an area where there is limited access to pharmacy services and
2can establish the existence of compelling circumstances that
3justify waiving the mileage requirement. The board’s decision
4to grant or deny a waiver request shall be a proposed decision
5subject to mandatory review by the director of public health
6 the department of inspections, appeals, and licensing. The
7director shall review a proposed decision and shall have the
8power to approve, modify, or veto a proposed decision. The
9director’s decision on a waiver request shall be considered
10final agency action subject to judicial review under chapter
1117A.
12 Sec. 1635. Section 156.1A, Code 2023, is amended to read as
13follows:
14156.1A Provision of services.
15Nothing contained in this chapter shall be construed
16as prohibiting the operation of any funeral home, funeral
17establishment, or cremation establishment by any person,
18heir, fiduciary, firm, cooperative burial association, or
19corporation. However, each such person, firm, cooperative
20burial association, or corporation shall ensure that
21all mortuary science services are provided by a funeral
22director, and shall keep the Iowa department of public health
23 inspections, appeals, and licensing advised of the name of the
24funeral director.
25 Sec. 1636. Section 156.10, Code 2023, is amended to read as
26follows:
27156.10 Inspection.
281. The director of public health the department of
29inspections, appeals, and licensing may inspect all places
30where dead human bodies are prepared or held for burial,
31entombment, or cremation, and may adopt and enforce such rules
32and regulations in connection with the inspection as may be
33necessary for the preservation of the public health.
342. The Iowa department of public health inspections,
35appeals, and licensing may assess an inspection fee for an
-1005-1inspection of a place where dead human bodies are prepared
2for burial or cremation. The fee may be determined by the
3department by rule.
4 Sec. 1637. Section 157.1, subsection 7, Code 2023, is
5amended to read as follows:
67. “Department” means the Iowa department of public health
7 inspections, appeals, and licensing.
8 Sec. 1638. Section 157.7, subsections 1 and 2, Code 2023,
9are amended to read as follows:
101. The department of inspections and appeals shall
11employ personnel pursuant to chapter 8A, subchapter IV, to
12perform duties related to inspection functions under this
13chapter. The department of inspections and appeals shall, when
14possible, integrate inspection efforts under this chapter with
15inspections conducted under chapter 158.
162. The Iowa department of public health may employ clerical
17assistants pursuant to chapter 8A, subchapter IV, to administer
18and enforce this chapter. The costs and expenses of the
19clerical assistants shall be paid from funds appropriated to
20the department of public health.
21 Sec. 1639. Section 158.1, subsection 6, Code 2023, is
22amended to read as follows:
236. “Department” means the Iowa department of public health
24 inspections, appeals, and licensing.
25 Sec. 1640. Section 158.6, Code 2023, is amended to read as
26follows:
27158.6 Inspectors and clerical assistants.
281. The department of inspections and appeals shall
29employ personnel pursuant to chapter 8A, subchapter IV, to
30perform duties related to inspection functions under this
31chapter. The department of inspections and appeals shall, when
32possible, integrate inspection efforts under this chapter with
33inspections conducted under chapter 157.
342. The Iowa department of public health may employ clerical
35assistants pursuant to chapter 8A, subchapter IV, to administer
-1006-1and enforce this chapter. The costs and expenses of the
2clerical assistants shall be paid from funds appropriated to
3the department of public health.
4 Sec. 1641. Section 214A.35, subsection 2, paragraph g, Code
52023, is amended to read as follows:
6g. The department of agriculture and land stewardship may
7cooperate with the department of natural resources and the
8state fire marshal department of inspections, appeals, and
9licensing in administering and enforcing the provisions of this
10section.
11 Sec. 1642. Section 218.4, subsection 3, Code 2023, is
12amended to read as follows:
133. The state fire marshal department of inspections,
14appeals, and licensing shall cause to be made an annual
15inspection of all the institutions listed in section 218.1
16and shall make written report thereof to the particular
17administrator of the state department of human services in
18control of such institution.
19 Sec. 1643. Section 231B.4, Code 2023, is amended to read as
20follows:
21231B.4 Zoning — fire and safety standards.
22An elder group home shall be located in an area zoned
23for single-family or multiple-family housing or in an
24unincorporated area and shall be constructed in compliance with
25applicable local housing codes and the rules adopted for the
26special classification by the state fire marshal department.
27In the absence of local building codes, the facility shall
28comply with the state plumbing code established pursuant to
29section 135.11 and the state building code established pursuant
30to section 103A.7 and the rules adopted for the special
31classification by the state fire marshal department. The
32rules adopted for the special classification by the state fire
33marshal department regarding second floor occupancy shall be
34adopted in consultation with the department and shall take into
35consideration the mobility of the tenants.
-1007-1 Sec. 1644. Section 231C.4, Code 2023, is amended to read as
2follows:
3231C.4 Fire and safety standards.
4The state fire marshal department shall adopt rules, in
5coordination with the department, relating to the certification
6and monitoring of the fire and safety standards of certified
7assisted living programs.
8 Sec. 1645. Section 231D.15, Code 2023, is amended to read
9as follows:
10231D.15 Fire and safety standards.
11The state fire marshal department shall adopt rules, in
12coordination with the department, relating to the certification
13and monitoring of the fire and safety standards of adult day
14services programs.
15 Sec. 1646. Section 235A.15, subsection 2, paragraph d,
16subparagraph (7), Code 2023, is amended to read as follows:
17(7) Each licensing board specified under chapter 147 and
18the Iowa department of public health inspections, appeals,
19and licensing for the purpose of licensure, certification or
20registration, disciplinary investigation, or the renewal of
21licensure, certification or registration, or disciplinary
22proceedings of health care professionals.
23 Sec. 1647. Section 237.3, subsection 3, Code 2023, is
24amended to read as follows:
253. Rules governing fire safety in facilities with child
26foster care provided by agencies shall be promulgated by the
27state fire marshal director of the department of inspections,
28appeals, and licensing pursuant to section 100.1, subsection 5
29 10A.511 after consultation with the administrator.
30 Sec. 1648. Section 237A.3A, subsection 3, paragraph c, Code
312023, is amended to read as follows:
32c. In consultation with the state fire marshal director
33of the department of inspections, appeals, and licensing, the
34department shall adopt rules relating to the provision of fire
35extinguishers, smoke detectors, and two exits accessible to
-1008-1children in a child development home.
2 Sec. 1649. Section 237A.4, Code 2023, is amended to read as
3follows:
4237A.4 Inspection and evaluation.
5The department shall make periodic inspections of licensed
6centers to ensure compliance with licensing requirements
7provided in this chapter, and the local boards of health
8may make periodic inspections of licensed centers to ensure
9compliance with health-related licensing requirements provided
10in this chapter. The department may inspect records maintained
11by a licensed center and may inquire into matters concerning
12these centers and the persons in charge. The department
13shall require that the center be inspected by the state fire
14marshal director of the department of inspections, appeals,
15and licensing or a designee for compliance with rules relating
16to fire safety before a license is granted or renewed. The
17department or a designee may periodically visit registered
18child development homes for the purpose of evaluation of an
19inquiry into matters concerning compliance with rules adopted
20under section 237A.12. Evaluation of child development homes
21under this section may include consultative services provided
22pursuant to section 237A.6.
23 Sec. 1650. Section 237A.12, subsections 2, 3, and 4, Code
242023, are amended to read as follows:
252. Rules adopted by the state fire marshal director of
26the department of inspections, appeals, and licensing for
27buildings, other than school buildings, used as child care
28centers as an adjunct to the primary purpose of the building
29shall take into consideration that children are received for
30temporary care only and shall not differ from rules adopted
31for these buildings when they are used by groups of persons
32congregating from time to time in the primary use and occupancy
33of the buildings. However, the rules may require a fire-rated
34separation from the remaining portion of the building if
35the fire marshal director of the department of inspections,
-1009-1appeals, and licensing determines that the separation is
2necessary for the protection of children from a specific
3flammable hazard.
43. Rules relating to fire safety for child care centers
5shall be adopted under this chapter by the state fire marshal
6 director of the department of inspections, appeals, and
7licensing in consultation with the department. Rules adopted
8by the state fire marshal director of the department of
9inspections, appeals, and licensing for a building which is
10owned or leased by a school district or accredited nonpublic
11school and used as a child care facility shall not differ from
12standards adopted by the state fire marshal director of the
13department of inspections, appeals, and licensing for school
14buildings under chapter 100 10A, subchapter V, part 2. Rules
15relating to sanitation shall be adopted by the department in
16consultation with the director of public health. All rules
17shall be developed in consultation with the state child care
18advisory committee. The state fire marshal director of the
19department of inspections, appeals, and licensing shall inspect
20the facilities.
214. If a building is owned or leased by a school district
22or accredited nonpublic school and complies with standards
23adopted by the state fire marshal director of the department
24of inspections, appeals, and licensing for school buildings
25under chapter 100 10A, subchapter V, part 2, the building is
26considered appropriate for use by a child care facility. The
27rules adopted by the administrator under this section shall not
28require the facility to comply with building requirements which
29differ from requirements for use of the building as a school.
30 Sec. 1651. Section 237C.4, subsection 2, Code 2023, is
31amended to read as follows:
322. Before the administrator department issues or reissues a
33certificate of approval to a children’s residential facility
34under section 237C.6, the facility shall comply with standards
35adopted by the state fire marshal director of the department
-1010-1of inspections, appeals, and licensing under chapter 100 10A,
2subchapter V, part 2.
3 Sec. 1652. Section 237C.6, subsection 2, Code 2023, is
4amended to read as follows:
52. The certificate of approval shall state on its face the
6name of the holder of the certificate, the particular premises
7for which the certificate is issued, and the number of children
8who may be cared for by the children’s residential facility on
9the premises at one time under the certificate of occupancy
10issued by the state fire marshal director of the department of
11inspections, appeals, and licensing or the state fire marshal’s
12 director’s designee. The certificate of approval shall be
13posted in a conspicuous place in the children’s residential
14facility.
15 Sec. 1653. Section 261B.11, subsection 1, paragraph m, Code
162023, is amended to read as follows:
17m. Higher education institutions located in Iowa whose
18massage therapy curriculum is approved under administrative
19rules of the professional licensure division of the department
20of public health inspections, appeals, and licensing and whose
21instructors are licensed massage therapists under chapter 152C.
22 Sec. 1654. Section 262.33A, Code 2023, is amended to read
23as follows:
24262.33A Fire and environmental safety — report —
25expenditures.
26It is the intent of the general assembly that each
27institution of higher education under the control of the state
28board of regents shall, in consultation with the state fire
29marshal director of the department of inspections, appeals,
30and licensing, identify and correct all critical fire and
31environmental safety deficiencies. Commencing July 1, 1993,
32each institution under the control of the state board of
33regents shall expend annually for fire safety and deferred
34maintenance at least the amount budgeted for these purposes
35for the fiscal year beginning July 1, 1992, in addition to any
-1011-1moneys appropriated from the general fund for these purposes in
2succeeding years.
3 Sec. 1655. Section 272C.1, subsection 6, paragraphs af and
4ag, Code 2023, are amended to read as follows:
5af. The department of public safety inspections, appeals,
6and licensing, in licensing fire protection system installers
7and maintenance workers pursuant to chapter 100D.
8ag. The superintendent of the division of banking director
9 of the department of commerce inspections, appeals, and
10licensing in registering and supervising appraisal management
11companies pursuant to chapter 543E.
12 Sec. 1656. Section 272C.3, subsection 4, paragraph b, Code
132023, is amended to read as follows:
14b. All health care boards shall file written decisions
15which specify the sanction entered by the board with the Iowa
16 department of public health inspections, appeals, and licensing
17 which shall be available to the public upon request. All
18non-health care boards shall have on file the written and
19specified decisions and sanctions entered by the board and
20shall be available to the public upon request.
21 Sec. 1657. Section 272C.4, subsection 9, Code 2023, is
22amended to read as follows:
239. Require each health care licensing board to file with
24the Iowa department of public health inspections, appeals,
25and licensing a copy of each decision of the board imposing
26licensee discipline. Each non-health care board shall have on
27file a copy of each decision of the board imposing licensee
28discipline which copy shall be properly dated and shall be in
29simple language and in the most concise form consistent with
30clearness and comprehensiveness of subject matter.
31 Sec. 1658. Section 279.49, subsection 3, Code 2023, is
32amended to read as follows:
333. The facilities housing a program operated under this
34section shall comply with standards adopted by the state fire
35marshal director of the department of inspections, appeals,
-1012-1and licensing for school buildings under chapter 100 10A,
2subchapter V, part 2. In addition, if a program involves
3children who are younger than school age, the facilities
4housing those children shall meet the fire safety standards
5which would apply to that age of child in a child care facility
6licensed by the department of human services.
7 Sec. 1659. Section 292.2, subsection 7, unnumbered
8paragraph 1, Code 2023, is amended to read as follows:
9The department shall form a task force to review
10applications for financial assistance and provide
11recommendations to the school budget review committee. The
12task force shall include, at a minimum, representatives from
13the kindergarten through grade twelve education community, the
14state fire marshal director of the department of inspections,
15appeals, and licensing, and individuals knowledgeable in school
16infrastructure and construction issues. The department,
17in consultation with the task force, shall establish the
18parameters and the details of the criteria for awarding grants
19based on the information listed in subsection 3, including
20greater priority to the following:
21 Sec. 1660. Section 323.4A, subsection 2, paragraph b, Code
222023, is amended to read as follows:
23b. Using a dispenser to dispense ethanol blended gasoline,
24including gasoline with a specified blend or a range of
25blends under chapter 214A, if the dispenser is approved as
26required by the state fire marshal director of the department
27of inspections, appeals, and licensing for dispensing the
28specified blend or range of blends, including as provided in
29section 455G.31.
30 Sec. 1661. Section 423E.6, subsections 2, 3, and 4, Code
312023, are amended to read as follows:
322. The funds shall be allocated to the school budget
33review committee to develop a school infrastructure safety
34fund grant program, in conjunction with the state fire marshal
35 director of the department of inspections, appeals, and
-1013-1licensing. For purposes of reviewing grant applications and
2making recommendations regarding the administration of the
3program, the state fire marshal director of the department of
4inspections, appeals, and licensing shall be considered an
5additional voting member of the school budget review committee.
63. Top priority in awarding program grants shall be the
7making of school infrastructure improvements relating to fire
8and personal safety. School districts eligible for program
9grants shall have received an order or citation from the
10state fire marshal director of the department of inspections,
11appeals, and licensing, or a fire department chief or fire
12prevention officer, for one or more fire safety violations
13regarding a school facility, or in the opinion of the state
14fire marshal director of the department of inspections,
15appeals, and licensing shall be regarded as operating
16facilities subject to significant fire safety deficiencies.
17Grant awards shall also be available for defects or violations
18of the state building code, as adopted pursuant to section
19103A.7, revealed during an inspection of school facilities by
20a local building department, or for improvements consistent
21with the standards and specifications contained in the state
22building code regarding ensuring that buildings and facilities
23are accessible to and functional for persons with disabilities.
24The school budget review committee shall allocate program
25funds to school districts which, in its discretion, are
26determined to be faced with the most severe deficiencies.
27School districts applying for program grants shall have
28developed and submitted to the state fire marshal director of
29the department of inspections, appeals, and licensing or local
30building department a written plan to remedy fire or safety
31defects within a specified time frame. Approval of the written
32plan by the state fire marshal director of the department
33of inspections, appeals, and licensing or local building
34department shall be obtained prior to receipt of a grant award
35by a school district.
-1014- 14. Application forms, submission dates for applications and
2for written plans to remedy fire or safety defects, and grant
3award criteria shall be developed by the state department of
4education, in coordination with the state fire marshal director
5of the department of inspections, appeals, and licensing, by
6rule.
7 Sec. 1662. Section 455B.390, subsection 3, Code 2023, is
8amended to read as follows:
93. The storage, transportation, handling, or use of
10flammable liquids, combustibles, and explosives, control over
11which is exercised by the state fire marshal director of the
12department of inspections, appeals, and licensing under chapter
13100 10A, subchapter V, part 2.
14 Sec. 1663. Section 455B.474, subsection 10, unnumbered
15paragraph 1, Code 2023, is amended to read as follows:
16Requirements that persons and companies performing or
17providing services for underground storage tank installations,
18installation inspections, testing, permanent closure of
19underground storage tanks by removal or filling in place, and
20other closure activities as defined by rules adopted by the
21commission be certified by the department. This provision does
22not apply to persons performing services in their official
23capacity and as authorized by the state fire marshal’s office
24 department of inspections, appeals, and licensing or fire
25departments of political subdivisions of the state. The rules
26adopted by the commission shall include all of the following:
27 Sec. 1664. Section 455B.474, subsection 10, paragraph c,
28Code 2023, is amended to read as follows:
29c. Requiring a written examination developed and
30administered by the department or by some other qualified
31public or private entity identified by the department.
32The department may contract with a public or private
33entity to administer the department’s examination or a
34department-approved third party examination. The examination
35shall, at a minimum, be sufficient to establish knowledge of
-1015-1all applicable underground storage tank rules adopted under
2this section, private industry standards, federal standards,
3and other applicable standards adopted by the state fire
4marshal’s office department of inspections, appeals, and
5licensing pursuant to chapter 101.
6 Sec. 1665. Section 455G.31, subsection 2, Code 2023, is
7amended to read as follows:
82. Subject to section 455G.32, a retail dealer may use
9gasoline storage and dispensing infrastructure to store and
10dispense ethanol blended gasoline classified as E-9 or higher
11if the department under this subchapter or the state fire
12marshal director of the department of inspections, appeals,
13and licensing under chapter 101 determines that the gasoline
14infrastructure is compatible with the classification of ethanol
15blended gasoline being used.
16 Sec. 1666. Section 455G.33, subsection 2, paragraph b, Code
172023, is amended to read as follows:
18b. Approved by the department or state fire marshal director
19of the department of inspections, appeals, and licensing
20 subject to conditions determined necessary by the department or
21state fire marshal director of the department of inspections,
22appeals, and licensing. The department or state fire marshal
23 director of the department of inspections, appeals, and
24licensing may waive the requirement in paragraph “a” upon
25satisfaction that a substitute requirement serves the same
26purpose.
27 Sec. 1667. Section 542.4, subsection 1, unnumbered
28paragraph 1, Code 2023, is amended to read as follows:
29An Iowa accountancy examining board is created within the
30professional licensing and regulation bureau of the banking
31division of the department of commerce inspections, appeals,
32and licensing to administer and enforce this chapter.
33 Sec. 1668. Section 542.4, subsection 6, Code 2023, is
34amended to read as follows:
356. The administrator director of the professional licensing
-1016-1and regulation bureau of the banking division of the department
2of commerce inspections, appeals, and licensing shall provide
3staffing assistance to the board for implementing this chapter.
4 Sec. 1669. Section 542B.3, Code 2023, is amended to read as
5follows:
6542B.3 Engineering and land surveying examining board
7created.
8An engineering and land surveying examining board is
9created within the professional licensing and regulation
10bureau of the banking division of the department of commerce
11 inspections, appeals, and licensing. The board consists of
12three members who are licensed professional engineers, two
13members who are licensed professional land surveyors, and
14two members who are not licensed professional engineers or
15licensed professional land surveyors and who shall represent
16the general public. An individual who is licensed as both
17a professional engineer and a professional land surveyor may
18serve to satisfy the board membership requirement for either
19a licensed professional engineer or a licensed professional
20land surveyor, but not both. Members shall be appointed
21by the governor subject to confirmation by the senate. A
22licensed member shall be actively engaged in the practice of
23engineering or land surveying and shall have been so engaged
24for five years preceding the appointment, the last two of which
25shall have been in Iowa. Insofar as practicable, licensed
26engineer members of the board shall be from different branches
27of the profession of engineering. Professional associations
28or societies composed of licensed engineers or licensed land
29surveyors may recommend the names of potential board members
30whose profession is representative of that association or
31society to the governor. However, the governor is not bound by
32the recommendations. A board member shall not be required to
33be a member of any professional association or society composed
34of professional engineers or professional land surveyors.
35 Sec. 1670. Section 542B.9, Code 2023, is amended to read as
-1017-1follows:
2542B.9 Organization of the board — staff.
3The board shall elect annually from its members a
4chairperson and a vice chairperson. The administrator director
5 of the professional licensing and regulation bureau of the
6banking division of the department of commerce inspections,
7appeals, and licensing shall hire and provide staff to assist
8the board in implementing this chapter. The board shall hold
9at least one meeting at the location of the board’s principal
10office, and meetings shall be called at other times by the
11administrator director or the director’s designee at the
12request of the chairperson or four members of the board. At
13any meeting of the board, a majority of members constitutes a
14quorum.
15 Sec. 1671. Section 543B.8, subsections 1 and 5, Code 2023,
16are amended to read as follows:
171. A real estate commission is created within the
18professional licensing and regulation bureau of the banking
19division of the department of commerce inspections, appeals,
20and licensing. The commission consists of five members
21licensed under this chapter and two members not licensed under
22this chapter and who shall represent the general public.
23Commission members shall be appointed by the governor subject
24to confirmation by the senate.
255. The administrator director of the professional licensing
26and regulation bureau of the banking division department of
27inspections, appeals, and licensing shall hire and provide
28staff to assist the commission with implementing this chapter.
29The administrator of the professional licensing and regulation
30bureau of the banking division of the department of commerce
31 and shall hire a real estate education director to assist
32the commission in administering education programs for the
33commission.
34 Sec. 1672. Section 543B.14, Code 2023, is amended to read
35as follows:
-1018- 1543B.14 Fees and expenses.
2All fees and charges collected by the real estate commission
3under this chapter shall be paid into the general fund of the
4state, except that twenty-five dollars from each real estate
5salesperson’s license fee and each broker’s license fee is
6appropriated to the professional licensing and regulation
7bureau of the banking division of the department of commerce
8 shall be appropriated to the department of inspections,
9appeals, and licensing for the purpose of hiring and
10compensating a real estate education director and regulatory
11compliance personnel. All expenses incurred by the commission
12under this chapter, including compensation of staff assigned
13to the commission, shall be paid from funds appropriated for
14those purposes.
15 Sec. 1673. Section 543D.2, Code 2023, is amended by adding
16the following new subsection:
17 NEW SUBSECTION. 9A. “Director” means the director of
18the department of inspections, appeals, and licensing or the
19director’s designee.
20 Sec. 1674. Section 543D.2, subsection 14, Code 2023, is
21amended by striking the subsection.
22 Sec. 1675. Section 543D.4, subsection 1, Code 2023, is
23amended to read as follows:
241. A real estate appraiser examining board is established
25within the banking division of the department of commerce
26 inspections, appeals, and licensing. The board consists of
27seven members, two of whom shall be public members and five of
28whom shall be certified real estate appraisers.
29 Sec. 1676. Section 543D.5, subsection 1, Code 2023, is
30amended to read as follows:
311. The board shall adopt rules establishing uniform
32appraisal standards and appraiser certification requirements
33and other rules necessary to administer and enforce this
34chapter and its responsibilities under chapter 272C, subject to
35the superintendent’s director’s supervision and authority under
-1019-1section 543D.23. The board shall consider and may incorporate
2any standards required or recommended by the appraisal
3foundation or by a federal agency with regulatory authority
4over appraisal standards or the certification of appraisers for
5federally related transactions.
6 Sec. 1677. Section 543D.6, subsection 2, Code 2023, is
7amended to read as follows:
82. All fees collected by the board shall be deposited into
9the department of commerce revolving fund created in section
10546.12 and are appropriated to the superintendent director on
11behalf of the board to be used to administer this chapter,
12including but not limited to purposes such as examinations,
13investigations, and administrative staffing. Notwithstanding
14section 8.33, moneys retained by the superintendent director
15 pursuant to this section are not subject to reversion to the
16general fund of the state. However, the appraisal management
17company national registry fees the board collects on behalf of
18the appraisal subcommittee as defined in section 543E.3 shall
19be transmitted to the appraisal subcommittee in accordance with
20federal laws and regulations.
21 Sec. 1678. Section 543D.23, Code 2023, is amended to read
22as follows:
23543D.23 Superintendent Director supervision and authority.
241. The superintendent director shall supervise the
25board and manage the board’s budget and retained fees.
26The superintendent director may exercise all authority
27conferred upon the board under this chapter and shall have
28access to all records and information to which the board
29has access. In supervising the board, the superintendent
30 director shall independently evaluate the substantive merits
31of actions recommended or proposed by the board which may
32be anticompetitive and shall have the authority to review,
33approve, modify, or reject all board actions including but not
34limited to those taken in connection with any of the following:
35a. Initial or reciprocal certification of real estate
-1020-1appraisers, registration of associate real estate appraisers,
2and temporary practice permits.
3b. Disciplinary investigations and proceedings.
4c. Investigations and proceedings under section 543D.21.
5d. Rulemaking under chapter 17A, including orders on
6petitions for rulemaking.
7e. Orders on petitions for declaratory orders or waivers.
82. A person aggrieved by any final action of the board taken
9under this chapter shall not have exhausted administrative
10remedies until the person has appealed the action to the
11superintendent director and the superintendent director has
12issued a final decision or order.
133. The superintendent director shall adopt rules to
14implement this section.
15 Sec. 1679. Section 543E.3, subsection 1, Code 2023, is
16amended by striking the subsection.
17 Sec. 1680. Section 543E.3, subsection 8, Code 2023, is
18amended to read as follows:
198. “Appraiser panel” means a network, list, or roster of
20certified appraisers who are independent contractors with
21an appraisal management company and who have been selected
22and approved by the appraisal management company to perform
23appraisals directly for the appraisal management company or
24for persons that have ordered appraisals through the appraisal
25management company. Appraisers on an appraisal management
26company’s appraiser panel may include both appraisers engaged
27to perform one or more appraisals for covered transactions or
28for secondary mortgage market participants in connection with
29covered transactions, and appraisers accepted by the appraisal
30management company for consideration for future appraisal
31assignments for such purposes, as the administrator director
32 may further provide by rule.
33 Sec. 1681. Section 543E.3, Code 2023, is amended by adding
34the following new subsection:
35 NEW SUBSECTION. 13A. “Director” means the director of
-1021-1the department of inspections, appeals, and licensing or the
2director’s designee.
3 Sec. 1682. Section 543E.4, Code 2023, is amended to read as
4follows:
5543E.4 Registration required.
6A person shall not directly or indirectly engage in or
7attempt to engage in business as an appraisal management
8company or advertise or hold itself out as engaging in or
9conducting business as an appraisal management company in
10this state without first registering with the administrator
11 director.
12 Sec. 1683. Section 543E.6, subsection 2, Code 2023, is
13amended to read as follows:
142. A person who directly or indirectly owns more than
15ten percent of an appraisal management company in this
16state shall be of good moral character, as prescribed by
17rules adopted by the administrator director consistent with
18applicable federal law and regulations, and shall submit to a
19background investigation, as prescribed by rules adopted by the
20administrator director consistent with applicable federal law
21and regulations.
22 Sec. 1684. Section 543E.7, subsections 1 and 3, Code 2023,
23are amended to read as follows:
241. An appraisal management company registered or applying
25for registration in this state shall designate a controlling
26person who shall be the main contact for all communications
27between the administrator director and the appraisal management
28company, and who shall be responsible for assuring the
29appraisal management company complies with the provisions of
30this chapter when performing appraisal management services in
31connection with real estate located in this state.
323. The designated controlling person shall be of good moral
33character, as prescribed by rules adopted by the administrator
34 director consistent with applicable federal law and
35regulations, and shall submit to a background investigation,
-1022-1as prescribed by rules adopted by the administrator director
2 consistent with applicable federal law and regulations.
3 Sec. 1685. Section 543E.8, subsection 1, Code 2023, is
4amended to read as follows:
51. An application for registration as an appraisal
6management company shall be submitted on a form prescribed by
7the administrator director.
8 Sec. 1686. Section 543E.8, subsection 2, paragraphs b, c,
9and f, Code 2023, are amended to read as follows:
10b. The names and contact information for all persons
11who directly or indirectly own more than ten percent of the
12applicant and for the controlling person designated pursuant
13to section 543E.7, and such additional information the
14administrator director may need to enforce section 543E.6,
15subsection 1.
16c. Information as reasonably necessary to establish the size
17of the applicant’s nationwide and Iowa appraiser panels, in
18accordance with rules adopted by the administrator director.
19f. Any additional information that is reasonably needed
20for the administrator director to implement the provisions of
21this chapter and assure that the applicant is eligible for
22registration under this chapter.
23 Sec. 1687. Section 543E.9, Code 2023, is amended to read as
24follows:
25543E.9 Registration renewal.
261. A registration issued under this chapter shall be valid
27for one year as provided by rule.
282. An application to renew registration shall be submitted
29in the form and in the manner prescribed by the administrator
30 director. The administrator director may further require
31periodic disclosures of changes impacting registration, such as
32a change in ownership or the designated controlling person.
333. An application to renew registration shall contain the
34information described in section 543E.8, subsection 2.
354. A registration issued under this chapter shall lapse if
-1023-1not timely renewed, in accordance with rules adopted by the
2administrator director.
35. A person holding a lapsed registration shall not directly
4or indirectly engage in or attempt to engage in business as an
5appraisal management company or advertise or hold itself out as
6engaging in or conducting business as an appraisal management
7company in this state until the registration has been
8reinstated under the process prescribed by the administrator
9 director by rule.
10 Sec. 1688. Section 543E.10, Code 2023, is amended to read
11as follows:
12543E.10 Fees.
131. The administrator director shall by rule establish fees
14for registration, renewal, reinstatement, and such additional
15fees as are reasonably necessary for the administration of this
16chapter. The fees shall be established in consideration of
17the costs of administering this chapter and the actual cost
18of the specific service to be provided or performed. The
19administrator director shall periodically review and adjust the
20schedule of fees as needed to cover projected expenses.
212. Except as provided in subsection 3, all fees collected
22under this chapter shall be deposited into the department of
23 commerce revolving fund created in section 546.12 and are
24appropriated to the administrator director to be used to
25administer this chapter including but not limited to purposes
26such as examinations, investigations, and administrative
27staffing. Notwithstanding section 8.33, moneys appropriated
28pursuant to this subsection are not subject to reversion to the
29general fund of the state.
303. The administrator director shall also collect the
31appraisal management company national registry fee from each
32appraisal management company seeking to register in this state
33and from federally regulated appraisal management companies
34operating in this state. The administrator director shall
35transfer all appraisal management company national registry
-1024-1fees collected by the administrator director to the appraisal
2subcommittee.
3 Sec. 1689. Section 543E.12, subsections 3 and 4, Code 2023,
4are amended to read as follows:
53. An appraisal management company that has a reasonable
6basis to believe an appraiser has materially failed to comply
7with the uniform standards of professional appraisal practice
8or has otherwise materially violated chapter 543D or this
9chapter shall refer the matter to the administrator director
10 in conformance with applicable federal law and regulations.
11An appraisal management company that has a reasonable basis
12to believe another appraisal management company is failing
13to comply with the provisions of this chapter shall refer
14the matter to the administrator director in conformance with
15section 272C.9, subsection 2.
164. An appraiser who is employed by or is on the appraiser
17panel of an appraisal management company registered under this
18chapter who has a reasonable basis to believe the appraisal
19management company is in violation of this chapter shall refer
20the matter to the administrator director.
21 Sec. 1690. Section 543E.13, subsection 1, Code 2023, is
22amended to read as follows:
231. An appraisal management company shall maintain a
24detailed record of each service request the appraisal
25management company receives involving real estate located in
26this state and the identity of the appraiser who performs the
27appraisal assignment. All such records shall be maintained for
28at least five years after the request is sent by the appraisal
29management company to the appraiser or the completion of the
30appraisal report, whichever period expires later. An appraisal
31management company shall maintain such additional records
32regarding appraisal management services performed in this state
33as the administrator director may specify by rule.
34 Sec. 1691. Section 543E.15, subsection 4, Code 2023, is
35amended to read as follows:
-1025- 14. Remove an appraiser from an appraiser panel without prior
2written notice that identifies the basis for removal. Upon
3request or in conjunction with an examination, an appraisal
4management company shall forward to the administrator director
5 copies of such notices issued to an appraiser located or
6certified in Iowa.
7 Sec. 1692. Section 543E.17, subsection 1, unnumbered
8paragraph 1, Code 2023, is amended to read as follows:
9After notice and hearing, the administrator director may
10revoke, suspend, or refuse to issue, renew, or reinstate
11a registration; reprimand, censure, or limit the scope of
12practice of any registrant; impose a civil penalty not to
13exceed ten thousand dollars per violation; require remedial
14action; or place any registrant on probation; all with or
15without terms, conditions, or in combinations of remedies, for
16any one or more of the following reasons:
17 Sec. 1693. Section 543E.17, subsection 2, unnumbered
18paragraph 1, Code 2023, is amended to read as follows:
19When determining whether to initiate a disciplinary
20proceeding against an appraisal management company based
21on actions or omissions by an employee, owner, director,
22controlling person, or other agent of the appraisal
23management company, the administrator director shall take into
24consideration all of the following:
25 Sec. 1694. Section 543E.18, Code 2023, is amended to read
26as follows:
27543E.18 Unlawful practice — complaints and investigations —
28remedies and penalties.
291. If, as the result of a complaint or otherwise, the
30administrator director believes that a person has engaged, or
31is about to engage, in an act or practice that constitutes or
32will constitute a violation of this chapter, the administrator
33 director may make application to the district court for an
34order enjoining such act or practice. Upon a showing by the
35administrator director that such person has engaged, or is
-1026-1about to engage, in any such act or practice, an injunction,
2restraining order, or other order as may be appropriate shall
3be granted by the district court.
42. The administrator director may investigate a complaint
5or initiate a complaint against a person who is not registered
6under this chapter to determine whether grounds exist to make
7application to the district court pursuant to subsection 1 or
8to issue an order pursuant to subsection 3, and in connection
9with such complaint or investigation may issue subpoenas to
10compel witnesses to testify or persons to produce evidence
11consistent with the provisions of section 272C.6, subsection
123, as needed to determine whether probable cause exists to
13initiate a proceeding under this section or to make application
14to the district court for an order enjoining a violation of
15this chapter.
163. In addition to or as an alternative to making application
17to the district court for an injunction, the administrator
18 director may issue an order to a person who is not registered
19under this chapter to require compliance with this chapter
20and may impose a civil penalty against such person for any
21violation specified in subsection 4 in an amount up to ten
22thousand dollars for each violation. All civil penalties
23collected pursuant to this section shall be deposited in the
24housing trust fund created in section 16.181. An order issued
25pursuant to this section may prohibit a person from applying
26for registration under this chapter or certification or
27registration under chapter 543D.
284. The administrator director may impose a civil penalty
29against a person who is not registered under this chapter for
30any of the following:
31a. A violation of section 543E.4.
32b. A violation of section 543D.18A, subsection 1.
33c. Fraud, deceit, or deception, through act or omission,
34in connection with an application for registration under this
35chapter.
-1027- 15. The administrator director, before issuing an order
2under this section, shall provide the person written notice
3and the opportunity to request a hearing. The hearing must
4be requested within thirty days after receipt of the notice
5and shall be conducted in the same manner as provided for
6disciplinary proceedings involving a registrant under this
7chapter.
86. A person aggrieved by the imposition of a civil penalty
9under this section may seek judicial review pursuant to section
1017A.19.
117. If a person fails to pay a civil penalty within thirty
12days after entry of an order imposing the civil penalty, or if
13the order is stayed pending an appeal, within ten days after
14the court enters a final judgment in favor of the administrator
15 director, the administrator director shall notify the attorney
16general. The attorney general may commence an action to
17recover the amount of the penalty, including reasonable
18attorney fees and costs.
198. An action to enforce an order under this section may be
20joined with an action for an injunction.
21 Sec. 1695. Section 543E.19, Code 2023, is amended to read
22as follows:
23543E.19 Surety bond.
241. The administrator director shall require that an
25appraisal management company be covered by a surety bond in the
26amount of twenty-five thousand dollars.
272. The surety bond shall be in a form as prescribed by
28the administrator director. The administrator director may,
29pursuant to rule, determine requirements for such surety
30bonds as are necessary to accomplish the purposes of this
31chapter. The requirements for a surety bond shall only relate
32to liabilities, damages, losses, or claims arising out of
33the appraisal management services performed by the appraisal
34management company involving real estate located in this state.
35The bond shall provide that a person having a claim against an
-1028-1appraisal management company may bring suit directly on the
2bond or the administrator director may bring suit on behalf of
3such person.
4 Sec. 1696. Section 543E.20, subsections 1, 3, 4, and 5, Code
52023, are amended to read as follows:
61. The administrator director is vested with broad
7administrative authority to administer, interpret, and enforce
8this chapter and to promulgate rules implementing this chapter.
93. The administrator director may conduct periodic
10examinations of applicants or registrants under this chapter as
11reasonably necessary to assure compliance with all or specific
12provisions of this chapter. All papers, documents, examination
13reports, and other records relating to such examinations shall
14be confidential as provided in section 272C.6, subsection 4,
15except as provided in this section.
164. The administrator director may adopt rules governing
17an appraiser’s use of associate real estate appraisers while
18performing appraisal assignments subject to this chapter.
19Associate real estate appraisers may provide appraisal services
20under the supervision of a certified appraiser as provided
21in chapter 543D and associated rules, but shall not be on an
22appraiser panel of an appraisal management company.
235. The administrator director may require a national
24criminal history check through the federal bureau of
25investigation or, if authorized by federal law or regulation,
26the nationwide mortgage licensing system and registry,
27as defined in section 535D.3, when conducting background
28investigations under this chapter. Except as inconsistent with
29the registry, the following shall apply:
30a. The administrator director may require owners and
31controlling persons who are subject to the background
32investigation provisions of sections 543E.6 and 543E.7 to
33provide a full set of fingerprints, in a form and manner
34prescribed by the administrator director. Such fingerprints,
35if required, shall be submitted to the federal bureau of
-1029-1investigation through the state criminal history repository for
2purposes of the national criminal history check.
3b. The administrator director may also request and obtain,
4notwithstanding section 692.2, subsection 5, criminal history
5data for owners and controlling persons who are subject to the
6background investigation provisions of sections 543E.6 and
7543E.7. A request for criminal history data shall be submitted
8to the department of public safety, division of criminal
9investigation, pursuant to section 692.2, subsection 1.
10c. The administrator director shall inform such owners and
11controlling persons of the requirement of a national criminal
12history check or request for criminal history data and obtain
13a signed waiver from the applicant, certificate holder, or
14registrant prior to requesting the check or data.
15d. The administrator director may, in addition to any other
16fees, charge and collect such amounts as may be incurred by the
17administrator director, the department of public safety, or the
18federal bureau of investigation in obtaining criminal history
19information. Amounts collected shall be considered repayment
20receipts as defined in section 8.2.
21e. Criminal history data and other criminal history
22information relating to affected owners or controlling persons,
23or their appraisal management companies obtained by the
24administrator director pursuant to this section shall remain
25confidential. Such information may, however, be used by the
26administrator director in a registration denial, enforcement,
27or disciplinary proceeding.
28 Sec. 1697. Section 543E.20, subsection 2, unnumbered
29paragraph 1, Code 2023, is amended to read as follows:
30In addition to the duties and powers conferred upon the
31administrator director in this chapter, the administrator
32 director shall have the authority to adopt such rules as are
33reasonably necessary to assure the administrator’s director’s
34 registration and supervision of appraisal management companies
35comply with the minimum requirements of 12 U.S.C. §3352 and
-1030-1related federal laws and regulations, with respect to any of
2the following:
3 Sec. 1698. Section 544A.1, subsection 2, Code 2023, is
4amended to read as follows:
52. The architectural examining board is created within the
6professional licensing and regulation bureau of the banking
7division of the department of commerce inspections, appeals,
8and licensing. The board consists of five members who possess
9a license issued under section 544A.9 and who have been in
10active practice of architecture for not less than five years,
11the last two of which shall have been in Iowa, and two members
12who do not possess a license issued under section 544A.9
13and who shall represent the general public. Members shall
14be appointed by the governor subject to confirmation by the
15senate.
16 Sec. 1699. Section 544A.5, Code 2023, is amended to read as
17follows:
18544A.5 Duties.
19The architectural examining board shall enforce this
20chapter, shall adopt rules pursuant to chapter 17A for the
21examination of applicants for the license provided by this
22chapter, and shall, after due public notice, hold meetings each
23year for the purpose of examining applicants for licensure
24and the transaction of business pertaining to the affairs of
25the board. Examinations shall be given as often as deemed
26necessary, but not less than annually. Action at a meeting
27shall not be taken without the affirmative votes of a majority
28of the members of the board. The administrator director of the
29professional licensing and regulation bureau of the banking
30division of the department of commerce inspections, appeals,
31and licensing shall hire and provide staff to assist the board
32with implementing this chapter.
33 Sec. 1700. Section 544B.3, subsection 1, Code 2023, is
34amended to read as follows:
351. A landscape architectural examining board is created
-1031-1within the professional licensing and regulation bureau of the
2banking division of the department of commerce inspections,
3appeals, and licensing. The board consists of five members
4who are professional landscape architects and two members
5who are not professional landscape architects and who shall
6represent the general public. Members shall be appointed by
7the governor, subject to confirmation by the senate. Four of
8the five professional members shall be actively engaged in the
9practice of landscape architecture or the teaching of landscape
10architecture in an accredited college or university, and shall
11have been so engaged for five years preceding appointment,
12the last two of which shall have been in Iowa. One of the
13five professional members shall be actively engaged in the
14practice of landscape architecture or the teaching of landscape
15architecture in an accredited college or university, and may
16have been so engaged for fewer than five years preceding
17appointment but at least one year preceding appointment.
18Associations or societies composed of professional landscape
19architects may recommend the names of potential board members
20to the governor. However, the governor is not bound by the
21recommendations. A board member shall not be required to be a
22member of any professional association or society composed of
23professional landscape architects.
24 Sec. 1701. Section 544B.5, Code 2023, is amended to read as
25follows:
26544B.5 Duties.
27The board shall enforce this chapter and shall make rules
28for the examination of applicants for licensure. The board
29shall keep a record of its proceedings. The board shall adopt
30an official seal which shall be affixed to all certificates
31of licensure granted. The board may make other rules, not
32inconsistent with law, as necessary for the proper performance
33of its duties. The board shall maintain a roster showing
34the name, place of business, and residence, and the date and
35number of the certificate of licensure of every professional
-1032-1landscape architect in this state. The administrator of the
2professional licensing and regulation bureau of the banking
3division director of the department of commerce inspections,
4appeals, and licensing shall hire and provide staff to assist
5the board in implementing this chapter.
6 Sec. 1702. Section 544C.1, subsection 2, Code 2023, is
7amended by striking the subsection and inserting in lieu
8thereof the following:
92. “Department” means the department of inspections,
10appeals, and licensing.
11 Sec. 1703. Section 544C.2, subsection 1, Code 2023, is
12amended to read as follows:
131. An interior design examining board is established
14within the bureau department. The board consists of seven
15members: five members who are interior designers who are
16registered under this chapter and who have been in the active
17practice of interior design for not less than five years, the
18last two of which shall have been in Iowa; and two members who
19are not registered under this chapter and who shall represent
20the general public. Members shall be appointed by the governor
21subject to confirmation by the senate.
22 Sec. 1704. Section 544C.3, subsection 2, Code 2023, is
23amended to read as follows:
242. The administrator director of the bureau department
25 shall provide staff to assist the board in the implementation
26of this chapter.
27 Sec. 1705. Section 544C.5, unnumbered paragraph 1, Code
282023, is amended to read as follows:
29Each applicant for registration must meet the interior
30design education and practical training requirements adopted by
31rule by the board, and have passed an examination prescribed
32by the board that is task-oriented, focused on public
33safety, and validated by a recognized testing agency. The
34bureau department shall register an individual who submits
35an application to the board on the form and in the manner
-1033-1prescribed by the board as a registered interior designer if
2the individual satisfies the following requirements:
3 Sec. 1706. Section 546.3, subsection 2, Code 2023, is
4amended by striking the subsection.
5 Sec. 1707. Section 546.10, Code 2023, is amended to read as
6follows:
7546.10 Professional licensing Licensing and regulation bureau
8— superintendent of banking of business and commerce-related
9professions.
101. a. The professional licensing and regulation bureau of
11the banking division department shall administer and coordinate
12the licensing and regulation of several professions by bringing
13together the following licensing boards:
14a. (1) The engineering and land surveying examining board
15created pursuant to chapter 542B.
16b. (2) The Iowa accountancy examining board created
17pursuant to chapter 542.
18c. (3) The real estate commission created pursuant to
19chapter 543B.
20(4) The real estate appraiser examining board created
21pursuant to chapter 543D.
22d. (5) The architectural examining board created pursuant
23to chapter 544A.
24e. (6) The landscape architectural examining board created
25pursuant to chapter 544B.
26f. (7) The interior design examining board created pursuant
27to chapter 544C.
28b. The director shall administer chapter 543E.
292. The bureau is headed by the administrator of professional
30licensing and regulation who shall be the superintendent
31of banking. The administrator director shall appoint and
32supervise staff and shall coordinate activities for the
33licensing boards within the bureau department pursuant to
34subsection 1 and for the administration of chapter 543E.
353. a. The licensing and regulation examining boards
-1034-1included in the bureau pursuant to subsection 1 retain the
2powers granted them pursuant to the chapters in which they
3are created, except for budgetary and personnel matters which
4shall be handled by the administrator director. Each licensing
5board shall adopt rules pursuant to chapter 17A. Decisions by
6a licensing board are final agency actions for purposes of
7chapter 17A.
8b. Notwithstanding subsection 5, eighty-five percent of the
9funds received annually resulting from an increase in licensing
10fees implemented on or after April 1, 2002, by a licensing
11board or commission listed in subsection 1, paragraph “a”,
12subparagraphs (1), (2), (3), (5), (6), and (7), is appropriated
13to the professional licensing and regulation bureau department
14 to be allocated to the board or commission for the fiscal
15year beginning July 1, 2002, and succeeding fiscal years, for
16purposes related to the duties of the board or commission,
17including but not limited to additional full-time equivalent
18positions. In addition, notwithstanding subsection 5,
19twenty-five dollars from each real estate salesperson’s license
20fee and each broker’s license fee received pursuant to section
21543B.14 is appropriated to the professional licensing and
22regulation bureau department for the purpose of hiring and
23compensating a real estate education director and regulatory
24compliance personnel. The director of the department of
25administrative services shall draw warrants upon the treasurer
26of state from the funds appropriated as provided in this
27section and shall make the funds available to the professional
28licensing and regulation bureau department on a monthly basis
29during each fiscal year.
304. The professional licensing and regulation bureau of
31the banking division of the department of commerce may expend
32additional funds, including funds for additional personnel, if
33those additional expenditures are directly the cause of actual
34examination expenses exceeding funds budgeted for examinations.
35Before the bureau department expends or encumbers an amount in
-1035-1excess of the funds budgeted for examinations, the director of
2the department of management shall approve the expenditure or
3encumbrance. Before approval is given, the director of the
4department of management shall determine that the examination
5expenses exceed the funds budgeted by the general assembly to
6the bureau department and the bureau department does not have
7other funds from which the expenses can be paid. Upon approval
8of the director of the department of management, the bureau
9 department may expend and encumber funds for excess examination
10expenses. The amounts necessary to fund the examination
11expenses shall be collected as fees from additional examination
12applicants and shall be treated as repayment receipts as
13defined in section 8.2, subsection 8.
145. Fees collected under chapters 542, 542B, 543B, 544A,
15544B, and 544C shall be paid to the treasurer of state and
16credited to the general fund of the state. All expenses
17required in the discharge of the duties and responsibilities
18imposed upon the professional licensing and regulation bureau
19of the banking division of the department of commerce, the
20administrator director, and the licensing boards by the laws
21of this state shall be paid from moneys appropriated by the
22general assembly for those purposes. All fees deposited into
23the general fund of the state, as provided in this subsection,
24shall be subject to the requirements of section 8.60.
256. The licensing boards included in the bureau department
26 pursuant to subsection 1 may refuse to issue or renew a license
27to practice a profession to any person otherwise qualified
28upon any of the grounds for which a license may be revoked
29or suspended or a licensee may otherwise be disciplined, or
30upon any other grounds set out in the chapter governing the
31respective board.
327. The licensing boards included in the bureau department
33 pursuant to subsection 1 may suspend, revoke, or refuse to
34issue or renew a license, or may discipline a licensee based
35upon a suspension, revocation, or other disciplinary action
-1036-1taken by a licensing authority in this or another state,
2territory, or country. For purposes of this subsection,
3“disciplinary action” includes the voluntary surrender of
4a license to resolve a pending disciplinary investigation
5or proceeding. A certified copy of the record or order
6of suspension, revocation, voluntary surrender, or other
7disciplinary action is prima facie evidence of such fact.
88. Notwithstanding any other provision of law to the
9contrary, the licensing boards included within the bureau
10 department pursuant to subsection 1 may by rule establish the
11conditions under which an individual licensed in a different
12jurisdiction may be issued a reciprocal or comity license, if,
13in the board’s discretion, the applicant’s qualifications for
14licensure are substantially equivalent to those required of
15applicants for initial licensure in this state.
169. Notwithstanding section 272C.6, the licensing boards
17included within the bureau department pursuant to subsection
181 may by rule establish the conditions under which the board
19may supply to a licensee who is the subject of a disciplinary
20complaint or investigation, prior to the initiation of a
21disciplinary proceeding, all or such parts of a disciplinary
22complaint, disciplinary or investigatory file, report, or other
23information, as the board in its sole discretion believes would
24aid the investigation or resolution of the matter.
2510. Notwithstanding section 17A.6, subsection 2, the
26licensing boards included within the bureau department pursuant
27to subsection 1 may adopt standards by reference to another
28publication without providing a copy of the publication to the
29administrative code editor if the publication containing the
30standards is readily accessible on the internet at no cost and
31the internet site at which the publication may be found is
32included in the administrative rules that adopt the standard.
3311. Renewal periods for all licenses and certificates of the
34licensing boards included within the bureau department pursuant
35to subsection 1 may be annual or multiyear, as provided by
-1037-1rule.
212. A quorum of a licensing board included within the
3bureau department pursuant to subsection 1 shall be a majority
4of the members of the board and action may be taken upon a
5majority vote of board members present at a meeting who are not
6disqualified.
7 Sec. 1708. Section 710A.7, Code 2023, is amended to read as
8follows:
9710A.7 Peace officer referral.
10If during the course of an investigation or prosecution
11under this chapter a peace officer has reason to believe that
12a person who purports to be licensed pursuant to chapter 152C
13or 157 does not possess a valid license or is in violation of
14any other state or federal laws, the peace officer may report
15such noncompliance to the appropriate licensing board under
16the professional licensure division within the department of
17public health inspections, appeals, and licensing, and to the
18appropriate state or federal authorities.
19 Sec. 1709. Section 727.2, subsection 2, paragraph b,
20subparagraph (2), Code 2023, is amended to read as follows:
21(2) A person who uses or explodes display fireworks while
22the use of such devices is suspended by an order of the state
23fire marshal director of the department of inspections,
24appeals, and licensing pursuant to section 10A.511, subsection
256, commits a simple misdemeanor, punishable by a fine of not
26less than two hundred fifty dollars.
27 Sec. 1710. Section 727.2, subsection 3, paragraph c,
28subparagraph (2), Code 2023, is amended to read as follows:
29(2) A person who uses or explodes consumer fireworks or
30novelties while the use of such devices is suspended by an
31order of the state fire marshal director of the department
32of inspections, appeals, and licensing pursuant to section
3310A.511, subsection 6, commits a simple misdemeanor, punishable
34by a fine of not less than two hundred fifty dollars.
35 Sec. 1711. Section 904.318, subsection 2, Code 2023, is
-1038-1amended to read as follows:
22. The state fire marshal director of the department
3of inspections, appeals, and licensing or the director’s
4designee shall cause an annual inspection to be made of all the
5institutions listed in section 904.102 and shall make a written
6report of the inspection to the director.
7 Sec. 1712. REPEAL. Sections 100D.8 and 100D.9, Code 2023,
8are repealed.
9 Sec. 1713. 2015 Iowa Acts, chapter 138, section 97, is
10amended to read as follows:
11SEC. 97. RESIDENTIAL SWIMMING POOLS — PRIVATE SWIMMING
12LESSONS. Notwithstanding any provision of law to the contrary,
13the department of public health inspections, appeals, and
14licensing shall require that a residential swimming pool used
15for private swimming lessons for up to two hundred seven hours
16in a calendar month, or the number of hours prescribed by local
17ordinance applicable to such use of a residential swimming
18pool, whichever is greater, be regulated as a residential
19swimming pool used for commercial purposes pursuant to chapter
20135I. The department of public health may adopt rules to
21implement this section.
22 Sec. 1714. CODE EDITOR DIRECTIVE.
231. The Code editor is directed to make the following
24transfers:
25a. Section 100.11 to section 10A.513.
26b. Section 100.12 to section 10A.514.
27c. Section 100.13 to section 10A.515.
28d. Section 100.14 to section 10A.516.
29e. Section 100.16 to section 10A.517.
30f. Section 100.18 to section 10A.518.
31g. Section 100.19 to section 10A.519.
32h. Section 100.19A to section 10A.520.
33i. Section 100.26 to section 10A.521.
34j. Section 100.31 to section 10A.522.
35k. Section 100.35 to section 10A.523.
-1039- 1l. Section 100.38 to section 10A.525.
2m. Section 100.39 to section 10A.524.
3n. Section 135.11A to section 10A.503.
4o. Section 135.11B to section 10A.504.
5p. Section 135.31 to section 10A.505.
6q. Section 135.37 to section 10A.531.
7r. Section 135.37A to section 10A.532.
8s. Section 135.105A to section 10A.902.
9t. Section 135.105C to section 10A.903.
10u. Section 546.10 to section 10A.506.
112. The Code editor is directed to rename article V of
12chapter 10A as subchapter V and designate parts as follows:
13a. Subchapter V shall be entitled “Licensing and
14Regulation” and include sections 10A.501 through 10A.534.
15b. Subchapter V, part 1, shall be entitled “General
16Provisions” and include sections 10A.501 through 10A.510.
17c. Subchapter V, part 2, shall be entitled “Fire Control”
18and include sections 10A.511 through 10A.530.
19d. Subchapter V, part 3, shall be entitled “Tattooing and
20Hair Braiding” and include sections 10A.531 through 10A.534.
213. The Code editor is directed to create new subchapter
22IX within chapter 10A which shall be entitled “Lead Abatement
23Program” and include sections 10A.902 and 10A.903.
244. The Code editor may modify subchapter and part titles if
25necessary and is directed to correct internal references in the
26Code as necessary due to enactment of this section.
27 Sec. 1715. TRANSITION PROVISION. All fees collected under
28chapters 543D and 543E and deposited into the department of
29commerce revolving fund created in section 546.12, Code 2023,
30as of the effective date of this division of this Act, shall be
31transferred for deposit in the licensing and regulation fund as
32created in this division of this Act.
33administrative law judges
34 Sec. 1716. Section 8A.415, subsection 1, paragraph b, Code
352023, is amended to read as follows:
-1040- 1b. If not satisfied, the employee may, within thirty
2calendar days following the director’s response, file an
3appeal with the public employment relations board. The
4hearing shall be conducted in accordance with the rules of the
5public employment relations board and the Iowa administrative
6procedure Act, chapter 17A. Decisions rendered shall be based
7upon a standard of substantial compliance with this subchapter
8and the rules of the department. Decisions by the public
9employment relations board constitute final agency action.
10However, if the employee is an administrative law judge
11appointed or employed by the public employment relations board,
12the employee’s appeal shall be heard by an administrative law
13judge employed by the administrative hearings division of the
14department of inspections and appeals in accordance with the
15provisions of section 10A.801, whose decision shall constitute
16final agency action.
17 Sec. 1717. Section 8A.415, subsection 2, paragraph b, Code
182023, is amended to read as follows:
19b. If not satisfied, the employee may, within thirty
20calendar days following the director’s response, file an appeal
21with the public employment relations board. The employee has
22the right to a hearing closed to the public, unless a public
23hearing is requested by the employee. The hearing shall
24otherwise be conducted in accordance with the rules of the
25public employment relations board and the Iowa administrative
26procedure Act, chapter 17A. If the public employment relations
27board finds that the action taken by the appointing authority
28was for political, religious, racial, national origin, sex,
29age, or other reasons not constituting just cause, the employee
30may be reinstated without loss of pay or benefits for the
31elapsed period, or the public employment relations board may
32provide other appropriate remedies. Decisions by the public
33employment relations board constitute final agency action.
34However, if the employee is an administrative law judge
35appointed or employed by the public employment relations board,
-1041-1the employee’s appeal shall be heard by an administrative law
2judge employed by the administrative hearings division of the
3department of inspections and appeals in accordance with the
4provisions of section 10A.801, whose decision shall constitute
5final agency action.
6 Sec. 1718. Section 96.6, subsection 3, paragraph b, Code
72023, is amended to read as follows:
8b. Appeals from the initial determination shall be heard by
9an administrative law judge employed by the department division
10of administrative hearings created by section 10A.801. An
11administrative law judge’s decision may be appealed by any
12party to the employment appeal board created in section 10A.601
13or directly to the district court.
14 Sec. 1719. Section 216.15, subsection 3, paragraph a, Code
152023, is amended to read as follows:
16a. After the filing of a verified complaint, a true copy
17shall be served within twenty days on the person against whom
18the complaint is filed, except as provided in subsection 4.
19An authorized member of the commission staff shall make a
20prompt investigation and shall issue a recommendation to an
21administrative law judge employed either by the commission or
22 by the division of administrative hearings created by section
2310A.801, who shall then issue a determination of probable cause
24or no probable cause.
25 Sec. 1720. Section 256.7, subsection 6, Code 2023, is
26amended to read as follows:
276. Hear appeals of persons aggrieved by decisions of boards
28of directors of school corporations under chapter 290 and
29other appeals prescribed by law. The state board may review
30the record and shall review the decision of the director of
31the department of education or the administrative law judge
32employed by the division of administrative hearings created
33by section 10A.801 and designated for any appeals heard and
34decided by the director under chapter 290, and may affirm,
35modify, or vacate the decision, or may direct a rehearing
-1042-1before the director.
2 Sec. 1721. Section 256B.6, subsection 4, Code 2023, is
3amended to read as follows:
44. Notwithstanding section 17A.11, the state board
5of education shall adopt rules for the appointment of an
6impartial administrative law judge employed by the division
7of administrative hearings created by section 10A.801 for
8special education appeals. The rules shall comply with federal
9statutes and regulations.
10 Sec. 1722. Section 272.14, Code 2023, is amended to read as
11follows:
12272.14 Appointment of administrative law judges.
13The board shall maintain a list of qualified persons
14employed by the division of administrative hearings created
15by section 10A.801 and who are experienced in the educational
16system of this state to serve as administrative law judges when
17a hearing is requested under section 279.24. When requested
18under section 279.24, the board shall submit a list of five
19qualified administrative law judges from the list maintained
20by the board to the parties. The parties shall select one of
21the five qualified persons to conduct the hearing as provided
22in section 279.24. The hearing shall be held pursuant to
23the provisions of chapter 17A relating to contested cases.
24The full costs of the hearing shall be shared equally by the
25parties.
26 Sec. 1723. Section 279.24, subsection 5, paragraph c, Code
272023, is amended to read as follows:
28c. Within five days after receipt of the written notice
29that the school board has voted to consider termination of
30the contract, the administrator may request a private hearing
31in writing to the secretary of the school board. The board
32shall then forward the notification to the board of educational
33examiners along with a request that the board of educational
34examiners submit a list of five qualified administrative law
35judges who are employed by the division of administrative
-1043-1hearings created by section 10A.801 to the parties. Within
2three days from receipt of the list the parties shall select an
3administrative law judge by alternately removing a name from
4the list until only one name remains. The person whose name
5remains shall be the administrative law judge. The parties
6shall determine by lot which party shall remove the first name
7from the list. The private hearing shall be held no sooner
8than twenty days and not later than forty days following the
9administrator’s request unless the parties otherwise agree.
10If the administrator does not request a private hearing,
11the school board, not later than May 31, may determine the
12continuance or discontinuance of the contract and, if the
13board determines to continue the administrator’s contract,
14whether to suspend the administrator with or without pay for a
15period specified by the board. School board action shall be by
16majority roll call vote entered on the minutes of the meeting.
17Notice of school board action shall be personally delivered or
18mailed to the administrator.
19civil rights commission
20 Sec. 1724. Section 216.3, subsection 1, Code 2023, is
21amended to read as follows:
221. The Iowa state civil rights commission shall consist
23 is created within the department of inspections, appeals, and
24licensing consisting of seven members appointed by the governor
25subject to confirmation by the senate. Appointments shall be
26made to provide geographical area representation insofar as
27practicable. No more than four members of the commission shall
28belong to the same political party. Members appointed to the
29commission shall serve for four-year staggered terms beginning
30and ending as provided by section 69.19.
31conforming changes
32 Sec. 1725. Section 8A.412, subsection 19, Code 2023, is
33amended to read as follows:
3419. The superintendent of the banking division of the
35department of commerce, all members of the state banking
-1044-1council, and all employees of the banking division except for
2employees of the professional licensing and regulation bureau
3of the division.
4 Sec. 1726. Section 8A.457, Code 2023, is amended to read as
5follows:
68A.457 Workers’ compensation claims.
7The director shall employ appropriate staff to handle and
8adjust claims of state employees for workers’ compensation
9benefits pursuant to chapter 10A, subchapter III, and
10 chapters 85, 85A, and 85B, and 86, or, with the approval of
11the executive council, contract for the services or purchase
12workers’ compensation insurance coverage for state employees or
13selected groups of state employees. A state employee workers’
14compensation fund is created in the state treasury under the
15control of the department to pay state employee workers’
16compensation claims and administrative costs. The department
17shall establish a rating formula and assess premiums to all
18agencies, departments, and divisions of the state including
19those which have not received an appropriation for the payment
20of workers’ compensation insurance and which operate from
21moneys other than from the general fund of the state. The
22department shall collect the premiums and deposit them into the
23state employee workers’ compensation fund. Notwithstanding
24section 8.33, moneys deposited in the state employee workers’
25compensation fund shall not revert to the general fund of the
26state at the end of any fiscal year, but shall remain in the
27state employee workers’ compensation fund and be continuously
28available to pay state employee workers’ compensation claims.
29The director may, to the extent practicable, contract with
30a private organization to handle the processing and payment
31of claims and services rendered under the provisions of this
32section.
33 Sec. 1727. Section 8A.504, subsection 3, Code 2023, is
34amended to read as follows:
353. In the case of multiple claims to payments filed
-1045-1under this section, priority shall be given to claims filed
2by the child support recovery unit services or the foster
3care recovery unit services, next priority shall be given to
4claims filed by the clerk of the district court, next priority
5shall be given to claims filed by the college student aid
6commission, next priority shall be given to claims filed by
7the investigations division of the department of inspections,
8 and appeals, and licensing relating to investigations by the
9department, and last priority shall be given to claims filed by
10other public agencies. In the case of multiple claims in which
11the priority is not otherwise provided by this subsection,
12priority shall be determined in accordance with rules to be
13established by the director.
14 Sec. 1728. Section 8A.512, subsection 1, paragraph b,
15subparagraph (1), Code 2023, is amended to read as follows:
16(1) Claims by state employees for benefits pursuant to
17chapter 10A, subchapter III, and chapters 85, 85A, and 85B, and
1886 are subject to limitations provided in those chapters.
19 Sec. 1729. Section 13B.1, subsection 3, Code 2023, is
20amended to read as follows:
213. “Department” means the department of inspections, and
22 appeals, and licensing.
23 Sec. 1730. Section 13B.2, Code 2023, is amended to read as
24follows:
2513B.2 Position established.
26The position of state public defender is established within
27the department of inspections, and appeals, and licensing. The
28governor shall appoint the state public defender, who shall
29serve at the pleasure of the governor, subject to confirmation
30by the senate, no less frequently than once every four years,
31whether or not there has been a new state public defender
32appointed during that time, and shall establish the state
33public defender’s salary.
34 Sec. 1731. Section 13B.6, subsection 2, Code 2023, is
35amended to read as follows:
-1046- 12. The department of inspections, and appeals, and
2licensing shall provide internal accounting and related fiscal
3services for the state public defender.
4 Sec. 1732. Section 15.108, subsection 7, paragraph f, Code
52023, is amended to read as follows:
6f. To the extent feasible, cooperate with the department of
7workforce development and the division of workers’ compensation
8of the department of inspections, appeals, and licensing to
9establish a program to educate existing employers and new or
10potential employers on the rates and workings of the state
11unemployment compensation program and the state workers’
12compensation program.
13 Sec. 1733. Section 15E.208, subsection 4, paragraph b, Code
142023, is amended to read as follows:
15b. An agricultural products processor, if the processor or
16a person owning a controlling interest in the processor has
17demonstrated, within the most recent consecutive three-year
18period prior to the application for financing, a continuous and
19flagrant disregard for the health and safety of its employees
20or the quality of the environment. Violations of environmental
21protection statutes, rules, or regulations shall be reported
22for the most recent five-year period prior to application.
23Evidence of such disregard shall include a history of serious
24or uncorrected violations of state or federal law protecting
25occupational health and safety or the environment, including
26but not limited to serious or uncorrected violations of
27occupational safety and health standards enforced by the
28division of labor services of the department of workforce
29development inspections, appeals, and licensing pursuant to
30chapter 84A 10A, or rules enforced by the department of natural
31resources pursuant to chapter 455B or 459, subchapters II and
32III.
33 Sec. 1734. Section 17A.11, subsection 1, paragraph c, Code
342023, is amended to read as follows:
35c. For purposes of paragraph “a”, the division of
-1047-1administrative hearings established in section 10A.801 shall
2be treated as a wholly separate agency from the department of
3inspections, and appeals, and licensing.
4 Sec. 1735. Section 35D.15, subsection 2, paragraph c,
5subparagraph (2), subparagraph divisions (c), (d), and (e),
6Code 2023, are amended to read as follows:
7(c) If the member is not satisfied with the decision of the
8commission, the member may appeal the commission’s decision
9by filing an appeal with the department of inspections, and
10 appeals, and licensing within five calendar days of being
11notified in writing of the commission’s decision.
12(d) The department of inspections, and appeals, and
13licensing shall render a decision on the appeal of the
14commission’s decision and notify the member of the decision,
15in writing, within fifteen calendar days of the filing of the
16appeal with the department.
17(e) The maximum time period that shall elapse between
18receipt by the member of the discharge notice and actual
19discharge shall not exceed fifty-five days, which includes the
20thirty-day discharge notice period and any time during which
21any appeals to the commission or the department of inspections,
22 and appeals, and licensing are pending.
23 Sec. 1736. Section 35D.15, subsection 2, paragraph c,
24subparagraph (3), Code 2023, is amended to read as follows:
25(3) If a member is not satisfied with the decision of the
26department of inspections, and appeals, and licensing, the
27member may seek judicial review in accordance with chapter 17A.
28A member’s discharge under this subsection shall be stayed
29while judicial review is pending.
30 Sec. 1737. Section 35D.15, subsection 2, paragraph f, Code
312023, is amended to read as follows:
32f. Any involuntary discharge by the commandant under
33this subsection shall comply with the rules adopted by the
34commission under this subsection and by the department of
35inspections, and appeals, and licensing pursuant to section
-1048-1135C.14, subsection 8, paragraph “f”.
2 Sec. 1738. Section 53.8, subsection 3, paragraph a, Code
32023, is amended to read as follows:
4a. When an application for an absentee ballot is received
5by the commissioner of any county from a registered voter who
6is a patient in a hospital in that county, a tenant of an
7assisted living program in that county as shown by the list
8of certifications provided the commissioner under section
9231C.21, or a resident of any facility in that county shown to
10be a health care facility by the list of licenses provided the
11commissioner under section 135C.29, the absentee ballot shall
12be delivered to the voter and returned to the commissioner in
13the manner prescribed by section 53.22. For purposes of this
14paragraph, “assisted living program” means a program certified
15pursuant to section 231C.3 that meets the standards for a
16dementia-specific assisted living program, as established
17by rule by the department of inspections, and appeals, and
18licensing.
19 Sec. 1739. Section 53.22, subsection 1, Code 2023, is
20amended to read as follows:
211. For purposes of this section, “assisted living program”
22means a program certified pursuant to section 231C.3 that meets
23the standards for a dementia-specific assisted living program,
24as established by rule by the department of inspections, and
25 appeals, and licensing.
26 Sec. 1740. Section 68B.2, subsection 23, Code 2023, is
27amended to read as follows:
2823. “Regulatory agency” means the department of agriculture
29and land stewardship, department of workforce development,
30department of commerce, Iowa department of public health,
31department of public safety, department of education, state
32board of regents, department of human services, department of
33revenue, department of inspections, and appeals, and licensing,
34 department of administrative services, public employment
35relations board, state department of transportation, civil
-1049-1rights commission, department of public defense, department of
2homeland security and emergency management, Iowa ethics and
3campaign disclosure board, and department of natural resources.
4 Sec. 1741. Section 73.16, subsection 2, paragraph c,
5subparagraph (1), Code 2023, is amended to read as follows:
6(1) The director of each department and agency of state
7government shall cooperate with the director of the department
8of inspections, and appeals, and licensing, the director of
9the economic development authority, and the director of the
10department of management and do all acts necessary to carry out
11the provisions of this subchapter.
12 Sec. 1742. Section 80.15, subsection 2, Code 2023, is
13amended to read as follows:
142. During the period of twelve months after appointment, a
15peace officer of the department is subject to dismissal at the
16will of the commissioner. After the twelve months’ service,
17a peace officer of the department, who was appointed after
18having passed the examinations, is not subject to dismissal,
19suspension, disciplinary demotion, or other disciplinary action
20resulting in the loss of pay unless charges have been filed
21with the department of inspections, and appeals, and licensing
22 and a hearing held by the employment appeal board created by
23section 10A.601, if requested by the peace officer, at which
24the peace officer has an opportunity to present a defense
25to the charges. The decision of the appeal board is final,
26subject to the right of judicial review in accordance with
27the terms of the Iowa administrative procedure Act, chapter
2817A. However, these procedures as to dismissal, suspension,
29demotion, or other discipline do not apply to a peace officer
30who is covered by a collective bargaining agreement which
31provides otherwise, and do not apply to the demotion of a
32division head to the rank which the division head held at the
33time of appointment as division head, if any. A division head
34who is demoted has the right to return to the rank which the
35division head held at the time of appointment as division head,
-1050-1if any.
2 Sec. 1743. Section 84A.5, subsection 6, Code 2023, is
3amended to read as follows:
46. The director of the department of workforce development
5shall form a coordinating committee composed of the director
6of the department of workforce development, the labor
7commissioner, the workers’ compensation commissioner, and
8other administrators. The committee shall monitor federal
9compliance issues relating to coordination of functions among
10the divisions within the department.
11 Sec. 1744. Section 85.3, subsection 2, Code 2023, is amended
12to read as follows:
132. Any employer who is a nonresident of this state, for whom
14services are performed within this state by any employee, is
15deemed to be doing business in this state by virtue of having
16such services performed and the employer and employee shall
17be subject to the jurisdiction of the workers’ compensation
18commissioner and to all of the provisions of chapter 10A,
19subchapter III, this chapter, and chapters 85A, 85B, 86, and
2087, as to any and all personal injuries sustained by the
21employee arising out of and in the course of such employment
22within this state. In addition, every corporation, individual,
23personal representative, partnership, or association that has
24the necessary minimum contact with this state shall be subject
25to the jurisdiction of the workers’ compensation commissioner,
26and the workers’ compensation commissioner shall hold such
27corporation, individual, personal representative, partnership,
28or association amenable to suit in this state in every case not
29contrary to the provisions of the Constitution of the United
30States.
31 Sec. 1745. Section 85.3, subsection 3, paragraph b, Code
322023, is amended to read as follows:
33b. In addition to those persons authorized to receive
34personal service as in civil actions as permitted by chapter
3517A and this chapter, such employer shall be deemed to have
-1051-1appointed the secretary of state of this state as its lawful
2attorney upon whom may be served or delivered any and all
3notices authorized or required by the provisions of chapter
410A, subchapter III, this chapter, and chapters 85A, 85B, 86,
5 87, and 17A, and to agree that any and all such services or
6deliveries of notice on the secretary of state shall be of the
7same legal force and validity as if personally served upon or
8delivered to such nonresident employer in this state.
9 Sec. 1746. Section 85.26, subsections 1 and 2, Code 2023,
10are amended to read as follows:
111. An original proceeding for benefits under chapter
1210A, subchapter III, this chapter, or chapter 85A, or 85B,
13or 86, shall not be maintained in any contested case unless
14the proceeding is commenced within two years from the date of
15the occurrence of the injury for which benefits are claimed
16or, if weekly compensation benefits are paid under section
1786.13, within three years from the date of the last payment
18of weekly compensation benefits. For the purposes of this
19section, “date of the occurrence of the injury” means the date
20that the employee knew or should have known that the injury was
21work-related.
222. An award for payments or an agreement for settlement
23provided by section 86.13 for benefits under this chapter or
24chapter 85A or 85B, where the amount has not been commuted,
25may be reviewed upon commencement of reopening proceedings
26by the employer or the employee within three years from the
27date of the last payment of weekly benefits made under the
28award or agreement. If an award for payments or agreement for
29settlement as provided by section 86.13 for benefits under this
30chapter or chapter 85A or 85B has been made and the amount
31has not been commuted, or if a denial of liability is not
32filed with the workers’ compensation commissioner and notice
33of the denial is not mailed to the employee, in the form and
34manner required by the commissioner, within six months of the
35commencement of weekly compensation benefits, the commissioner
-1052-1may at any time upon proper application make a determination
2and appropriate order concerning the entitlement of an employee
3to benefits provided for in section 85.27. The failure to
4file a denial of liability does not constitute an admission of
5liability under chapter 10A, subchapter III, this chapter, or
6chapter 85A, or 85B, or 86.
7 Sec. 1747. Section 85.31, subsection 5, Code 2023, is
8amended to read as follows:
95. Except as otherwise provided by treaty, whenever, under
10the provisions of chapter 10A, subchapter III, this chapter,
11 and chapters 86 and chapter 87, compensation is payable to a
12dependent who is an alien not residing in the United States at
13the time of the injury, the employer shall pay fifty percent of
14the compensation herein otherwise provided to such dependent,
15and the other fifty percent shall be paid into the second
16injury fund in the custody of the treasurer of state. But if
17the nonresident alien dependent is a citizen of a government
18having a compensation law which excludes citizens of the United
19States, either resident or nonresident, from partaking of the
20benefits of such law in as favorable degree as herein extended
21to the nonresident alien, then the compensation which would
22otherwise be payable to the dependent shall be paid into the
23second injury fund in the custody of the treasurer of state.
24 Sec. 1748. Section 85.34, subsections 4, 5, and 7, Code
252023, are amended to read as follows:
264. Credits for excess payments. If an employee is paid
27weekly compensation benefits for temporary total disability
28under section 85.33, subsection 1, for a healing period
29under section 85.34, subsection 1, or for temporary partial
30disability under section 85.33, subsection 2, in excess of that
31required by chapter 10A, subchapter III, this chapter, and
32chapters 85A, and 85B, and 86, the excess paid by the employer
33shall be credited against the liability of the employer for
34any future weekly benefits due for an injury to that employee,
35provided that the employer or the employer’s representative has
-1053-1acted in good faith in determining and notifying an employee
2when the temporary total disability, healing period, or
3temporary partial disability benefits are terminated.
45. Recovery of employee overpayment. If an employee is paid
5any weekly benefits in excess of that required by chapter 10A,
6subchapter III, this chapter, and chapters 85A, and 85B, and
786, the excess paid by the employer shall be credited against
8the liability of the employer for any future weekly benefits
9due pursuant to subsection 2, for any current or subsequent
10injury to the same employee.
117. Successive disabilities. An employer is liable for
12compensating only that portion of an employee’s disability that
13arises out of and in the course of the employee’s employment
14with the employer and that relates to the injury that serves
15as the basis for the employee’s claim for compensation under
16chapter 10A, subchapter III, this chapter, or chapter 85A, or
17 85B, or 86. An employer is not liable for compensating an
18employee’s preexisting disability that arose out of and in the
19course of employment from a prior injury with the employer,
20to the extent that the employee’s preexisting disability has
21already been compensated under chapter 10A, subchapter III,
22 this chapter, or chapter 85A, or 85B, or 86. An employer is not
23liable for compensating an employee’s preexisting disability
24that arose out of and in the course of employment with a
25different employer or from causes unrelated to employment.
26 Sec. 1749. Section 85.35, subsections 1 and 10, Code 2023,
27are amended to read as follows:
281. The parties to a contested case or persons who are
29involved in a dispute which could culminate in a contested case
30may enter into a settlement of any claim arising under chapter
3110A, subchapter III, this chapter, or chapter 85A, or 85B, or
3286, providing for disposition of the claim. The settlement
33shall be in writing on forms prescribed by the workers’
34compensation commissioner and submitted to the workers’
35compensation commissioner for approval.
-1054- 110. Approval of a settlement by the workers’ compensation
2commissioner is binding on the parties and shall not be
3construed as an original proceeding. Notwithstanding any
4provisions of chapter 10A, subchapter III, this chapter,
5 and chapters 85A, 85B, 86, and 87, an approved compromise
6settlement shall constitute a final bar to any further rights
7arising under chapter 10A, subchapter III, this chapter, and
8chapters 85A, 85B, 86, and 87 regarding the subject matter of
9the compromise and a payment made pursuant to a compromise
10settlement agreement shall not be construed as the payment of
11weekly compensation.
12 Sec. 1750. Section 85.55, subsection 2, unnumbered
13paragraph 1, Code 2023, is amended to read as follows:
14For purposes of chapter 10A, subchapter III, this chapter,
15 and chapters 86 and chapter 87, a franchisor shall not be
16considered to be an employer of a franchisee or of an employee
17of a franchisee unless any of the following conditions apply:
18 Sec. 1751. Section 85.59, subsection 7, Code 2023, is
19amended to read as follows:
207. Responsibility for the filings required by chapter
2186 chapter 10A, subchapter III, for injuries resulting in
22permanent disability or death and as modified by this section
23shall be made in the same manner as for other employees of the
24institution.
25 Sec. 1752. Section 85.60, Code 2023, is amended to read as
26follows:
2785.60 Injuries while in work-based learning opportunity,
28employment training, or evaluation.
29A person participating in a work-based learning opportunity
30referred to in section 85.61, or receiving earnings while
31engaged in employment training or while undergoing an
32employment evaluation under the direction of a rehabilitation
33facility approved for purchase-of-service contracts or for
34referrals by the department of human services or the department
35of education, who sustains an injury arising out of and in the
-1055-1course of the work-based learning opportunity participation,
2employment training, or employment evaluation is entitled
3to benefits as provided in chapter 10A, subchapter III,
4 this chapter, chapter 85A, and chapter 85B, and chapter 86.
5Notwithstanding the minimum benefit provisions of this chapter,
6a person referred to in this section and entitled to benefits
7under this chapter is entitled to receive a minimum weekly
8benefit amount for a permanent partial disability under section
985.34, subsection 2, or for a permanent total disability under
10section 85.34, subsection 3, equal to the weekly benefit amount
11of a person whose gross weekly earnings are thirty-five percent
12of the statewide average weekly wage computed pursuant to
13section 96.3 and in effect at the time of the injury.
14 Sec. 1753. Section 85.61, unnumbered paragraph 1, Code
152023, is amended to read as follows:
16In chapter 10A, subchapter III, this chapter, and chapters
1786 and chapter 87, unless the context otherwise requires, the
18following definitions of terms shall prevail:
19 Sec. 1754. Section 85.61, subsection 12, paragraph b, Code
202023, is amended to read as follows:
21b. The term “worker” or “employee” shall include the
22singular and plural. Any reference to a worker or employee
23who has been injured shall, when such worker or employee
24is dead, include the worker’s or employee’s dependents as
25defined in this chapter or the worker’s or employee’s legal
26representatives; and where the worker or employee is a minor
27or incompetent, it shall include the minor’s or incompetent
28person’s guardian, next friend, or trustee. Notwithstanding
29any law prohibiting the employment of minors, all minor
30employees shall be entitled to the benefits of chapter 10A,
31subchapter III, this chapter, and chapters 86 and chapter 87
32regardless of the age of such minor employee.
33 Sec. 1755. 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
-1056-1of workforce development, in cooperation with the department of
2education, the workers’ compensation division of the department
3of inspections, appeals, and licensing, the insurance division
4of the department of commerce, and all community colleges
5that are participating in the new career vocational training
6and education program, shall prepare an annual report for
7submission to the general assembly that provides information
8about the status of the program including but not limited to
9the utilization of and participants in the program, program
10completion rates, employment rates after completion of the
11program and the types of employment obtained by the program
12participants, and the effects of the program on workers’
13compensation premium rates.
14 Sec. 1756. Section 85B.14, Code 2023, is amended to read as
15follows:
1685B.14 Applicable chapters.
17Chapters Chapter 10A, subchapter III, and chapters 17A,
18 and 85, and 86, so far as applicable, and not inconsistent
19with this chapter, apply in cases of compensable occupational
20hearing loss.
21 Sec. 1757. Section 87.1, subsection 1, Code 2023, is amended
22to read as follows:
231. Every employer subject to the provisions of chapter
2410A, subchapter III, this chapter, and chapters 85, 85A, and
25 85B, and 86, unless relieved as hereinafter provided from the
26requirements imposed under chapter 10A, subchapter III, this
27chapter, and chapters 85, 85A, and 85B, and 86, shall insure
28the employer’s liability under chapter 10A, subchapter III,
29 this chapter, and chapters 85, 85A, and 85B, and 86 in some
30corporation, association, or organization approved by the
31commissioner of insurance.
32 Sec. 1758. Section 87.2, subsection 2, Code 2023, is amended
33to read as follows:
342. An employer coming under the provisions of chapter 10A,
35subchapter III, this chapter, and chapters 85, 85A, and 85B,
-1057-1and 86 who fails to comply with this section, or to post and
2keep the above notice in the manner and form required, shall be
3guilty of a simple misdemeanor.
4 Sec. 1759. Section 87.6, Code 2023, is amended to read as
5follows:
687.6 Certificate of approval.
7When such scheme or plan is approved by the workers’
8compensation commissioner, the commissioner shall issue a
9certificate to that effect, whereupon it shall be legal for
10such employer, or group of employers, to contract with any or
11all of the workers of the employer or group of employers to
12substitute such scheme or plan for the provisions relating to
13compensation and insurance during a period of time fixed by
14said department the insurance division of the department of
15insurance and financial services.
16 Sec. 1760. Section 87.11, subsections 3 and 4, Code 2023,
17are amended to read as follows:
183. a. If an employer becomes insolvent and a debtor under
1911 U.S.C., on or after January 1, 1990, the commissioner of
20insurance may request of the workers’ compensation commissioner
21that all future payments of workers’ compensation weekly
22benefits, medical expenses, or other payments pursuant to
23chapter 10A, subchapter III, this chapter, or chapter 85, 85A,
24or 85B, or 86, be commuted to a present lump sum. The workers’
25compensation commissioner shall fix the lump sum of probable
26future medical expenses and weekly compensation benefits, or
27other benefits payable pursuant to chapter 10A, subchapter III,
28 this chapter, or chapter 85, 85A, or 85B, or 86, capitalized
29at their present value upon the basis of interest at the rate
30provided in section 535.3 for court judgments and decrees. The
31commissioner of insurance shall be discharged from all further
32liability for the commuted workers’ compensation claim upon
33payment of the present lump sum to either the claimant, or a
34licensed insurer for purchase of an annuity or other periodic
35payment plan for the benefit of the claimant.
-1058- 1b. The commissioner of insurance shall not be required to
2pay more for all claims of an insolvent self-insured employer
3than is available for payment of such claims from the security
4given under this section.
54. Notwithstanding contrary provisions of section 85.45,
6any future payment of medical expenses, weekly compensation
7benefits, or other payments by the commissioner of insurance
8from the security given under this section, pursuant to
9chapter 10A, subchapter III, this chapter, or chapter 85, 85A,
10or 85B, or 86, shall be deemed an undue expense, hardship,
11or inconvenience upon the employer for purposes of a full
12commutation pursuant to section 85.45, subsection 1, paragraph
13“b”.
14 Sec. 1761. Section 87.13, Code 2023, is amended to read as
15follows:
1687.13 Interpretative clause.
17All provisions in chapter 10A, subchapter III, and chapters
1885, 85A, 85B, 86, and this chapter relating to compensation
19for injuries sustained arising out of and in the course of
20employment in the operation of coal mines or production of
21coal under any system of removing coal for sale are exclusive,
22compulsory and obligatory upon the employer and employee in
23such employment.
24 Sec. 1762. Section 87.14A, Code 2023, is amended to read as
25follows:
2687.14A Insurance required.
27An employer subject to chapter 10A, subchapter III, this
28chapter, and chapters 85, 85A, and 85B, and 86 shall not
29engage in business without first obtaining insurance covering
30compensation benefits or obtaining relief from insurance as
31provided in this chapter. A person who willfully and knowingly
32violates this section is guilty of a class “D” felony.
33 Sec. 1763. Section 87.21, unnumbered paragraph 1, Code
342023, is amended to read as follows:
35Any employer, except an employer with respect to an exempt
-1059-1employee under section 85.1, who has failed to insure the
2employer’s liability in one of the ways provided in this
3chapter, unless relieved from carrying such insurance as
4provided in section 87.11, is liable to an employee for
5a personal injury in the course of and arising out of the
6employment, and the employee may enforce the liability by an
7action at law for damages, or may collect compensation as
8provided in chapter 10A, subchapter III, and chapters 85, 85A,
9and 85B, and 86. In actions by the employee for damages under
10this section, the following rules apply:
11 Sec. 1764. Section 88.1, subsection 3, Code 2023, is amended
12to read as follows:
133. Authorizing the labor commissioner to set mandatory
14occupational safety and health standards applicable to
15businesses, and by providing for an adjudicatory process
16through the employment appeal board within the department
17of inspections, and appeals, and licensing for carrying out
18adjudicatory functions under this chapter.
19 Sec. 1765. Section 88.2, subsections 1 and 4, Code 2023, are
20amended to read as follows:
211. The labor commissioner, appointed pursuant to section
2291.2, and the division of labor services of the department
23of workforce development inspections, appeals, and licensing
24 created in section 84A.1 10A.106 shall administer this chapter.
254. Subject to the approval of the director of the
26department of workforce development inspections, appeals, and
27licensing, the labor commissioner may enter into contracts
28with any state agency, with or without reimbursement, for
29the purpose of obtaining the services, facilities, and
30personnel of the agency, and with the consent of any state
31agency or any political subdivision of the state, accept and
32use the services, facilities, and personnel of the agency or
33political subdivision, and employ experts and consultants or
34organizations, in order to expeditiously, efficiently, and
35economically effectuate the purposes of this chapter. The
-1060-1agreements under this subsection are subject to approval of the
2executive council if approval is required by law.
3 Sec. 1766. Section 88A.1, subsections 4 and 6, Code 2023,
4are amended by striking the subsections.
5 Sec. 1767. Section 88A.1, Code 2023, is amended by adding
6the following new subsections:
7 NEW SUBSECTION. 6A. “Department” means the department of
8inspections, appeals, and licensing.
9 NEW SUBSECTION. 6B. “Director” means the director of the
10department of inspections, appeals, and licensing.
11 Sec. 1768. Section 88A.2, Code 2023, is amended to read as
12follows:
1388A.2 Permit required.
141. No amusement device or ride, concession booth, or any
15related electrical equipment shall be operated at a carnival
16or fair in this state without a permit having been issued by
17the commissioner director to an operator of such equipment. On
18or before the first of May of each year, any person required
19to obtain a permit by this chapter shall apply to the division
20 department for a permit on a form furnished by the commissioner
21 director which form shall contain such information as the
22commissioner director may require. The commissioner director
23 may waive the requirement that an application for a permit
24must be filed on or before the first of May of each year if
25the applicant gives satisfactory proof to the commissioner
26 director that the applicant could not reasonably comply with
27the date requirement and if the applicant immediately applies
28for a permit after the need for a permit is first determined.
29For the purpose of determining if an amusement ride, amusement
30device, concession booth, or any related electrical equipment
31is in safe operating condition and will provide protection
32to the public using such ride, device, booth, or related
33electrical equipment, each amusement ride, amusement device,
34concession booth, or related electrical equipment shall be
35inspected by the commissioner director before it is initially
-1061-1placed in operation in this state, and shall thereafter be
2inspected at least once each year.
32. If, after inspection, an amusement device or ride,
4concession booth, or related electrical equipment is found
5to comply with the rules adopted under this chapter, the
6commissioner director shall, upon payment of the permit fee
7and the inspection fee, permit the operation of the amusement
8device or ride or concession booth or to use any related
9electrical equipment.
103. If, after inspection, additions or alterations
11are contemplated which change a structure, mechanism,
12classification, or capacity, the operator shall notify the
13commissioner director of the operator’s intentions in writing
14and provide any plans or diagrams requested by the commissioner
15 director.
16 Sec. 1769. Section 88A.3, Code 2023, is amended to read as
17follows:
1888A.3 Rules.
191. The commissioner director shall adopt rules pursuant to
20chapter 17A for the safe installation, repair, maintenance,
21use, operation, and inspection of amusement devices, amusement
22rides, concession booths, and related electrical equipment at
23carnivals and fairs to the extent necessary for the protection
24of the public. The rules shall be based on generally accepted
25engineering standards and shall be concerned with, but not
26necessarily limited to, engineering force stresses, safety
27devices, and preventive maintenance. If standards are
28available in suitable form, the standards may be incorporated
29by reference. The rules shall provide for the reporting of
30accidents and injuries incurred from the operation of amusement
31devices or rides, concession booths, or related electrical
32equipment.
332. The commissioner director may modify or repeal any rule
34adopted under the provisions of this chapter.
35 Sec. 1770. Section 88A.5, Code 2023, is amended to read as
-1062-1follows:
288A.5 Fees to general fund.
3All fees collected by the division department under
4the provisions of this chapter shall be transmitted to the
5treasurer of state and credited by the treasurer to the general
6fund of the state.
7 Sec. 1771. Section 88A.6, Code 2023, is amended to read as
8follows:
988A.6 Personnel.
10The commissioner director may employ inspectors and any
11other personnel deemed necessary to carry out the provisions
12of this chapter, subject to the provisions of chapter 8A,
13subchapter IV.
14 Sec. 1772. Section 88A.7, Code 2023, is amended to read as
15follows:
1688A.7 Cessation order.
17The commissioner director may order, in writing, a temporary
18cessation of operation of any amusement device or ride,
19concession booth, or related electrical equipment if it has
20been determined after inspection to be hazardous or unsafe.
21Operation of the amusement device or ride, concession booth or
22related electrical equipment shall not resume until the unsafe
23or hazardous condition is corrected to the satisfaction of the
24commissioner director.
25 Sec. 1773. Section 88A.8, Code 2023, is amended to read as
26follows:
2788A.8 Judicial review.
28Judicial review of action of the commissioner director
29 may be sought in accordance with the terms of the Iowa
30administrative procedure Act, chapter 17A.
31 Sec. 1774. Section 88A.10, subsections 1 and 2, Code 2023,
32are amended to read as follows:
331. Any person who operates an amusement device or ride,
34concession booth or related electrical equipment at a carnival
35or fair without having obtained a permit from the commissioner
-1063-1 director or who violates any order or rule issued by the
2commissioner director under this chapter is guilty of a serious
3misdemeanor.
42. A person who interferes with, impedes, or obstructs in
5any manner the commissioner director in the performance of the
6commissioner’s director’s duties under this chapter is guilty
7of a simple misdemeanor. A person who bribes or attempts to
8bribe the commissioner director is subject to section 722.1.
9 Sec. 1775. Section 88A.11, subsections 3 and 4, Code 2023,
10are amended to read as follows:
113. The commissioner director may exempt amusement devices
12from the provisions of this chapter that have self-contained
13wiring installed by the manufacturer, that are operated
14manually by the use of hands or feet, that operate on less than
15one hundred twenty volts of electrical power, and that are
16fixtures or appliances within or part of a structure subject to
17the building code of this state or any political subdivision
18of this state.
194. The commissioner director may exempt playground
20equipment owned, maintained, and operated by any political
21subdivision of this state.
22 Sec. 1776. Section 88A.13, Code 2023, is amended to read as
23follows:
2488A.13 Waiver of inspection.
25The commissioner director may waive the requirement that
26an amusement device or ride or any part thereof be inspected
27before being operated in this state if an operator gives
28satisfactory proof to the commissioner director that the
29amusement device or ride or any part thereof has passed an
30inspection conducted by a public or private agency whose
31inspection standards and requirements are at least equal
32to those requirements and standards established by the
33commissioner director under the provisions of this chapter.
34The annual permit and inspection fees shall be paid before the
35commissioner director may waive this requirement.
-1064-1 Sec. 1777. Section 88A.14, Code 2023, is amended to read as
2follows:
388A.14 Injunction.
4In addition to any and all other remedies, if an owner,
5operator, or person in charge of any amusement device or ride,
6concession booth, or related electrical equipment covered by
7this chapter, continues to operate any amusement device or
8ride, concession booth, or related electrical equipment covered
9by this chapter, after receiving a notice of defect as provided
10by this chapter, without first correcting the defects or making
11replacements, the commissioner director may petition the
12district court in equity, in an action brought in the name of
13the state, for a writ of injunction to restrain the use of the
14alleged defective amusement device or ride, concession booth,
15or related electrical equipment.
16 Sec. 1778. Section 88B.1, subsections 3 and 4, Code 2023,
17are amended by striking the subsections and inserting in lieu
18thereof the following:
193. “Department” means the department of inspections,
20appeals, and licensing.
214. “Director” means the director of the department of
22inspections, appeals, and licensing.
23 Sec. 1779. Section 88B.1, subsections 5 and 6, Code 2023,
24are amended to read as follows:
255. “License” means an authorization issued by the division
26 department permitting an individual person, including a
27supervisor or contractor, to work on an asbestos project, to
28inspect buildings for asbestos-containing building materials,
29to develop management plans, and to act as an asbestos project
30designer.
316. “Permit” means an authorization issued by the division
32 department permitting a business entity to remove or
33encapsulate asbestos.
34 Sec. 1780. Section 88B.3, Code 2023, is amended to read as
35follows:
-1065- 188B.3 Administration — rules — fees — inspections.
21. The commissioner director shall administer this chapter.
32. The commissioner director shall adopt, in accordance
4with chapter 17A, rules necessary to carry out the provisions
5of this chapter.
63. The commissioner director shall prescribe fees for
7the issuance and renewal of licenses and permits. The fees
8shall be based on the costs of licensing, permitting, and
9administering this chapter, including time spent by personnel
10of the division department in performing duties and any travel
11expenses incurred. All fees provided for in this chapter shall
12be collected by the commissioner director and remitted to the
13treasurer of state for deposit in the general fund of the
14state.
154. At least once a year, during an actual asbestos project,
16the division department shall conduct an on-site inspection
17of each permittee’s procedures for removing and encapsulating
18asbestos.
19 Sec. 1781. Section 88B.3A, subsection 1, Code 2023, is
20amended to read as follows:
211. To qualify for a permit, a business entity shall submit
22an application to the division department in the form required
23by the division department and pay the prescribed fee.
24 Sec. 1782. Section 88B.4, Code 2023, is amended to read as
25follows:
2688B.4 Permit — term, renewal, and records required.
271. A permit expires on the first anniversary of its
28effective date, unless it is renewed for a one-year term as
29provided in this section.
302. At least one month before the permit expires, the
31division department shall send to the permittee, at the last
32known address of the permittee, a renewal notice that states
33all of the following:
34a. The date on which the current permit expires.
35b. The date by which the renewal application must be
-1066-1received by the division department for the renewal to be
2issued and mailed before the permit expires.
3c. The amount of the renewal fee.
43. Before the permit expires, the permittee may renew it for
5an additional one-year term, if the business entity meets the
6following conditions:
7a. Is otherwise entitled to a permit.
8b. Submits a renewal application to the division department
9 in the form required by the division department.
10c. Pays the renewal fee prescribed by the division
11 department.
124. The permittee shall keep a record of each asbestos
13project it performs and shall make the record available to the
14division department at any reasonable time. Records shall
15contain information and be kept for a time prescribed in rules
16adopted by the division department.
17 Sec. 1783. Section 88B.5, Code 2023, is amended to read as
18follows:
1988B.5 Waivers and alternative procedures.
201. In an emergency that results from a sudden, unexpected
21event that is not a planned renovation or demolition, the
22commissioner director may waive the requirement for a permit.
232. If the business entity is not primarily engaged in the
24removal or encapsulation of asbestos, the commissioner director
25 may waive the requirement for a permit if worker protection
26requirements are met.
273. The division department shall not approve any waivers
28on work conducted at a school, public, or commercial building
29unless the request is accompanied by a recommendation from an
30asbestos project designer.
31 Sec. 1784. Section 88B.6, subsection 1, paragraphs a and b,
32Code 2023, are amended to read as follows:
33a. To apply for a license, an individual shall submit an
34application to the division department in the form required by
35the division department and shall pay the prescribed fee.
-1067- 1b. The application shall include information prescribed by
2rules adopted by the commissioner director.
3 Sec. 1785. Section 88B.6, subsection 2, paragraph a,
4unnumbered paragraph 1, Code 2023, is amended to read as
5follows:
6An individual is not eligible to be or do any of the
7following unless the person obtains a license from the division
8 department:
9 Sec. 1786. Section 88B.6, subsection 2, paragraph b, Code
102023, is amended to read as follows:
11b. To qualify for a license, the applicant must have
12successfully completed training as established by the United
13States environmental protection agency, paid a fee, and met
14other requirements as specified by the division department by
15rule.
16 Sec. 1787. Section 88B.8, unnumbered paragraph 1, Code
172023, is amended to read as follows:
18The division department may deny, suspend, or revoke a
19permit or license, in accordance with chapter 17A, if the
20permittee or licensee does any of the following:
21 Sec. 1788. Section 88B.8, subsection 2, Code 2023, is
22amended to read as follows:
232. Fails at any time to meet the qualifications for a permit
24or license or to comply with a rule adopted by the commissioner
25 director under this chapter.
26 Sec. 1789. Section 88B.11, Code 2023, is amended to read as
27follows:
2888B.11 Bids for governmental projects.
29A state agency or political subdivision shall not accept a
30bid in connection with any asbestos project from a business
31entity that does not hold a permit from the division department
32 at the time the bid is submitted, unless the business entity
33provides the state agency or political subdivision with written
34proof that ensures that the business entity has contracted
35to have the asbestos removal or encapsulation performed by a
-1068-1licensed asbestos contractor.
2 Sec. 1790. Section 89.1, subsection 1, Code 2023, is amended
3to read as follows:
41. The labor commissioner director shall enforce the
5provisions of this chapter and may employ qualified personnel
6under the provisions of chapter 8A, subchapter IV, to
7administer the provisions of this chapter.
8 Sec. 1791. Section 89.2, subsection 4, Code 2023, is amended
9by striking the subsection and inserting in lieu thereof the
10following:
114. “Department” means the department of inspections,
12appeals, and licensing.
13 Sec. 1792. Section 89.2, Code 2023, is amended by adding the
14following new subsection:
15 NEW SUBSECTION. 4A. “Director” means the director of the
16department of inspections, appeals, and licensing.
17 Sec. 1793. Section 89.2, subsection 9, Code 2023, is amended
18to read as follows:
199. “Special inspector” means an inspector who holds a
20commission from the commissioner director and who is not a
21state employee.
22 Sec. 1794. Section 89.3, Code 2023, is amended to read as
23follows:
2489.3 Inspection made.
251. It shall be the duty of the commissioner director to
26inspect or cause to be inspected internally and externally, at
27least once every twelve months, except as otherwise provided
28in this section, in order to determine whether all such
29equipment is in a safe and satisfactory condition, and properly
30constructed and maintained for the purpose for which it is
31used, all boilers and unfired steam pressure vessels operating
32in excess of fifteen pounds per square inch, all low pressure
33heating boilers and unfired steam pressure vessels located in
34places of public assembly and other appurtenances used in this
35state for generating or transmitting steam for power, or for
-1069-1using steam under pressure for heating or steaming purposes.
22. The commissioner director may enter any building or
3structure, public or private, for the purpose of inspecting any
4equipment covered by this chapter or gathering information with
5reference thereto.
63. The commissioner may inspect boilers and tanks
7and other equipment stamped with the American society of
8mechanical engineers code symbol for other than steam pressure,
9manufactured in Iowa, when requested by the manufacturer.
104. a. An object that meets all of the following criteria
11shall be inspected at least once every two years internally
12and externally while not under pressure, and at least once
13every two years externally while under pressure, unless the
14commissioner director determines that an earlier inspection is
15warranted:
16(1) The object is a boiler with one hundred thousand pounds
17per hour or more capacity, or the object is an unfired steam
18pressure vessel or a regulated appurtenance that is part of the
19same system as a boiler with one hundred thousand pounds per
20hour or more capacity.
21(2) The object contains only water subject to internal
22continuous water treatment under the direct supervision of
23a graduate engineer or chemist, or one having equivalent
24experience in the treatment of boiler water.
25(3) The water treatment is for the purpose of controlling
26and limiting serious corrosion and other deteriorating factors.
27b. The owner or user of an object meeting the criteria in
28paragraph “a” shall do the following:
29(1) At any time the commissioner director, a special
30inspector, or the supervisor of water treatment deems a
31hydrostatic test is 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) Keep available for examination by the commissioner
3 director chemical physical laboratory analyses of samples of
4the object water taken at regular intervals of not more than
5forty-eight hours of operation as will adequately show the
6condition of the water and any elements or characteristics of
7the water which are capable of producing corrosion or other
8deterioration of the object or its parts.
95. a. An object that meets all of the following criteria
10shall be inspected at least once each year externally while
11under pressure and at least once every four years internally
12while not under pressure, unless the commissioner director
13 determines an earlier inspection is warranted:
14(1) The object is a boiler with one hundred thousand pounds
15per hour or more capacity, or the object is an unfired steam
16pressure vessel or a regulated appurtenance that is part of the
17same system as a boiler with one hundred thousand pounds per
18hour or more capacity.
19(2) The object contains only water subject to internal
20continuous water treatment under the direct supervision of
21a graduate engineer or chemist, or one having equivalent
22experience in the treatment of boiler water.
23(3) The water treatment is for the purpose of controlling
24and limiting serious corrosion and other deteriorating factors.
25(4) Either of the following:
26(a) The owner or user is a participant in good standing in
27the Iowa occupational safety and health voluntary protection
28program and has achieved star status within the program, which
29is administered by the division of labor services in the
30department of workforce development inspections, appeals, and
31licensing.
32(b) The object is an unfired steam pressure vessel and is
33part of or integral to the continuous operation of a process
34covered by and compliant with the occupational safety and
35health administration process safety management standard
-1071-1contained in 29 C.F.R. §1910.119 and the owner demonstrates
2such compliance to a special inspector or the commissioner
3 director. The unfired steam pressure vessel must also be
4included as process safety management process equipment in the
5owner of the unfired steam pressure vessel’s process safety
6management program.
7b. The owner or user of an object that meets the criteria in
8paragraph “a” shall do the following:
9(1) At any time the commissioner director, a special
10inspector, or the supervisor of the water treatment deems
11a hydrostatic test necessary to determine the safety of
12an object, conduct the test under the supervision of the
13commissioner director.
14(2) Keep available for examination by the commissioner
15 director accurate records showing the date and actual time the
16object is out of service and the reason it is out of service.
17(3) Arrange for an internal inspection of the object during
18each planned outage by a special inspector or the commissioner
19 director.
20(4) Keep for examination by the commissioner director
21 accurate records showing the chemical physical laboratory
22analyses of samples of the object’s water taken at regular
23intervals of not more than forty-eight hours of operation
24adequate to show the condition of the water and any elements
25or characteristics of the water that are capable of producing
26corrosion or other deterioration of the object or its parts.
276. Internal inspections of cast aluminum steam, cast
28aluminum hot water heating, sectional cast iron steam, and
29cast iron hot water heating boilers shall be conducted only
30as deemed necessary by the commissioner director. External
31operating inspections shall be conducted annually.
327. Internal inspections of steel hot water boilers shall be
33conducted once every six years. External operating inspections
34shall be conducted annually in years other than the year in
35which internal inspections are conducted.
-1072- 18. Inspections of unfired steam pressure vessels operating
2in excess of fifteen pounds per square inch and low pressure
3steam boilers shall be conducted at least once each calendar
4year. The inspections conducted within each two-year period
5shall include an external inspection conducted while the boiler
6is operating and an internal inspection, where construction
7permits. No more than one inspection shall be conducted per
8six-month period. An internal inspection of an unfired steam
9pressure vessel or low pressure steam boiler may be required
10at any time by the commissioner director upon the observation
11by an inspector of conditions, enumerated by the commissioner
12 director through rules, warranting an internal inspection.
13If a low pressure steam boiler is in dry lay-up, an internal
14inspection shall be conducted in lieu of an external
15inspection. For purposes of this subsection, “dry lay-up”
16means a process whereby a boiler is taken out of service for a
17period of six months or longer, drained, dried, and cleaned,
18and measures to prevent corrosion are performed on the boiler.
199. An internal inspection shall not be required on an
20unfired steam pressure vessel that was manufactured without an
21inspection opening.
2210. An exhibition boiler does not require an annual
23inspection certificate but special inspections may be requested
24by the owner or an event’s management to be performed by the
25commissioner director. Upon the completion of an exhibition
26boiler inspection a written condition report shall be prepared
27by the commissioner director regarding the condition of
28the exhibition boiler’s boiler or pressure vessel. This
29report will be issued to the owner and the management of all
30events at which the exhibition boiler is to be operated. The
31event’s management is responsible for the decision on whether
32the exhibition boiler should be operated and shall inform
33the division of labor services department of the event’s
34management’s decision. The event’s management is responsible
35for any injuries which result from the operation of any
-1073-1exhibition boiler approved for use at the event by the event’s
2management. A repair symbol, known as the “R” stamp, is not
3required for repairs made to exhibition boilers pursuant to the
4rules regarding inspections and repair of exhibition boilers as
5adopted by the commissioner director, pursuant to chapter 17A.
611. An inspection report created pursuant to this chapter
7that requires modification, alteration, or change shall be in
8writing and shall cite the state law or rule or the ASME code
9section allegedly violated.
10 Sec. 1795. Section 89.4, subsection 2, unnumbered paragraph
111, Code 2023, is amended to read as follows:
12Unfired steam pressure vessels not exceeding the following
13limitations are not required to be reported to the commissioner
14 director and shall be exempt from regular inspection under
15provisions of this chapter:
16 Sec. 1796. Section 89.5, subsections 1 and 2, Code 2023, are
17amended to read as follows:
181. The commissioner director shall investigate and record
19the cause of any boiler explosion that may occur in the state,
20the loss of life, injuries sustained, and estimated loss of
21property, if any; and such other data as may be of benefit in
22preventing a recurrence of similar explosions.
232. The commissioner director shall keep a complete and
24accurate record of the name of the owner or user of each steam
25boiler or other equipment subject to this chapter, giving
26a full description of the equipment, including the type,
27dimensions, age, condition, the amount of pressure allowed, and
28the date when last inspected.
29 Sec. 1797. Section 89.6, Code 2023, is amended to read as
30follows:
3189.6 Notice to commissioner director.
321. Before any equipment included under the provisions
33of this chapter is installed by any owner, user, or lessee
34thereof, a ten days’ written notice of intention to install the
35equipment shall be given to the commissioner director. The
-1074-1notice shall designate the proposed place of installation, the
2type and capacity of the equipment, the use to be made thereof,
3the name of the company which manufactured the equipment, and
4whether the equipment is new or used.
52. Before any power boiler is converted to a low pressure
6boiler, the owner or user shall give to the commissioner
7 director ten days’ written notice of intent to convert the
8boiler. The notice shall designate the boiler location, the
9uses of the building, and other information specified by rule
10by the board.
11 Sec. 1798. Section 89.7, Code 2023, is amended to read as
12follows:
1389.7 Special inspectors.
141. The inspection required by this chapter shall not be
15made by the commissioner director if an owner or user of
16equipment specified by this chapter obtains an inspection by
17a representative of a reputable insurance company and obtains
18a policy of insurance upon the equipment from that insurance
19company.
202. The representative conducting the inspection shall
21be commissioned by the commissioner director as a special
22inspector for the year during which the inspection occurs
23and shall meet such other requirements as the commissioner
24 director may by rule establish. The commission shall be valid
25for one year and the special inspector shall pay a fee for the
26issuance of the commission. The commissioner director shall
27establish the amount of the fee by rule. The commissioner
28 director shall establish rules for the issuance and revocation
29of special inspector commissions. The rules are subject to the
30requirements of chapter 17A.
313. The insurance company shall file a notice of insurance
32coverage on forms approved by the commissioner director stating
33that the equipment is insured and that inspection shall be made
34in accordance with section 89.3.
354. The special inspector shall provide the user and the
-1075-1commissioner director with an inspection report including the
2nature and extent of all defects and violations, in a format
3approved by the labor commissioner director.
45. The failure of a special inspector to inform the
5commissioner director of violations shall not subject the
6commissioner director to liability for any damages incurred.
7 Sec. 1799. Section 89.7A, Code 2023, is amended to read as
8follows:
989.7A Certificates.
101. The commissioner director shall issue a certificate of
11inspection valid for the period specified in section 89.3 after
12the payment of a fee, the filing of an inspection report, and
13the correction or other appropriate resolution of any defects
14identified in the inspection report. The certificate shall be
15posted at a place near the location of the equipment.
162. The owner or user of any equipment covered in this
17chapter, or persons in charge of such equipment, shall not
18allow or permit a greater pressure in any unit than is stated
19in the certificate of inspection issued by the commissioner
20 director.
213. The commissioner director shall indicate to the user
22whether or not the equipment may be used without making repair
23or replacement of defective parts, or whether or how the
24equipment may be used in a limited capacity before repairs
25or replacements are made, and the commissioner director may
26permit the user a reasonable time to make such repairs or
27replacements.
28 Sec. 1800. Section 89.8, Code 2023, is amended to read as
29follows:
3089.8 Boiler and pressure vessel safety fund — fees
31appropriated.
32A boiler and pressure vessel safety revolving fund is
33created within the state treasury under the control of the
34commissioner director and shall consist of moneys collected
35by the commissioner director as fees. Moneys in the fund are
-1076-1appropriated and shall be used by the commissioner director
2 to pay the actual costs and expenses necessary to operate the
3board and administer the provisions of this chapter. All
4salaries and expenses properly chargeable to the fund shall be
5paid from the fund. Section 8.33 does not apply to any moneys
6in the fund. Notwithstanding section 12C.7, subsection 2,
7interest or earnings on moneys deposited in the fund shall be
8credited to the fund.
9 Sec. 1801. Section 89.9, Code 2023, is amended to read as
10follows:
1189.9 Disposal of fees.
12All fees provided for in this chapter shall be collected
13by the commissioner director and remitted to the treasurer
14of state, to be deposited in the boiler and pressure vessel
15safety fund pursuant to section 89.8, together with an itemized
16statement showing the source of collection.
17 Sec. 1802. Section 89.11, Code 2023, is amended to read as
18follows:
1989.11 Injunction.
201. In addition to all other remedies, if any owner, user,
21or person in charge of any equipment covered by this chapter
22continues to use any equipment covered by this chapter,
23after receiving an inspection report identifying defects and
24exhausting appeal rights as provided by this chapter without
25first correcting the defects or making replacements, the
26commissioner director may apply to the district court by
27petition in equity, in an action brought in the name of the
28state, for a writ of injunction to restrain the use of the
29alleged defective equipment.
302. If the commissioner director believes that the continued
31operation of equipment constitutes an imminent danger that
32could seriously injure or cause death to any person, in
33addition to all other remedies, the commissioner director
34 may apply to the district court in the county in which the
35imminently dangerous condition exists for a temporary order to
-1077-1enjoin the owner, user, or person in charge from operating the
2equipment before the owner’s, user’s, or person’s rights to
3administrative appeals have been exhausted.
4 Sec. 1803. Section 89.12, Code 2023, is amended to read as
5follows:
689.12 Hearing — notice — decree.
7The commissioner director shall notify in writing the owner
8or user of the equipment of the time and place of hearing of the
9petition as fixed by the court or judge, and shall serve the
10notice on the defendant at least five days prior to the hearing
11in the same manner as original notices are served. The general
12provisions relating to civil practice and procedure as may be
13applicable, shall govern the proceedings, except as herein
14modified. In the event the defendant does not appear or plead
15to the action, default shall be entered against the defendant.
16The action shall be tried in equity, and the court or judge
17shall make such order or decree as the evidence warrants.
18 Sec. 1804. Section 89.13, Code 2023, is amended to read as
19follows:
2089.13 Civil penalty allowed.
21If upon notice and hearing the commissioner director
22 determines that an owner has operated a facility in violation
23of a safety order, the commissioner director may assess a civil
24penalty against the owner in an amount not exceeding five
25hundred dollars, as determined by the commissioner director.
26An order assessing a civil penalty is subject to appeal to
27the employment appeal board and to judicial review. The
28commissioner director may commence an action in the district
29court to enforce payment of a civil penalty. Revenue from
30the penalty provided in this section shall be remitted to the
31treasurer of state for deposit in the general fund of the
32state.
33 Sec. 1805. Section 89.14, subsection 1, Code 2023, is
34amended to read as follows:
351. A boiler and pressure vessel board is created within
-1078-1the division of labor services of the department of workforce
2development to formulate definitions and rules requirements
3for the safe and proper installation, repair, maintenance,
4alteration, use, and operation of boilers and pressure vessels
5in this state.
6 Sec. 1806. Section 89.14, subsection 2, paragraph a, Code
72023, is amended to read as follows:
8a. The commissioner director or the commissioner’s
9 director’s designee.
10 Sec. 1807. Section 89.14, subsections 4, 6, and 8, Code
112023, are amended to read as follows:
124. The members of the board shall select a chairperson, vice
13chairperson, and secretary from their membership. However,
14neither the commissioner director nor the commissioner’s
15 director’s designee shall serve as chairperson. The board
16shall meet at least quarterly but may meet as often as
17necessary. Meetings shall be set by a majority of the board
18or upon the call of the chairperson, or in the chairperson’s
19absence, upon the call of the vice chairperson. A majority of
20the board members shall constitute a quorum.
216. A notice of defect or inspection report issued by the
22commissioner director pursuant to this chapter may, within
23thirty days after the making of the order, be appealed to
24the board. Board action constitutes final agency action for
25purposes of chapter 17A.
268. The board shall establish fees for examinations,
27inspections, annual statements, shop inspections, and other
28services. The fees shall reflect the actual costs and expenses
29necessary to operate the board and perform the duties of the
30commissioner director.
31 Sec. 1808. Section 89A.1, subsections 2 and 4, Code 2023,
32are amended by striking the subsections.
33 Sec. 1809. Section 89A.1, Code 2023, is amended by adding
34the following new subsections:
35 NEW SUBSECTION. 4A. “Department” means the department of
-1079-1inspections, appeals, and licensing.
2 NEW SUBSECTION. 4B. “Director” means the director of the
3department of inspections, appeals, and licensing.
4 Sec. 1810. Section 89A.1, subsections 11, 15, 16, and 19,
5Code 2023, are amended to read as follows:
611. “Inspector” means an inspector employed by the division
7 department for the purpose of administering this chapter.
815. “New installation” means a conveyance the construction
9or relocation of which is begun, or for which an application
10for a new installation permit is filed, on or after the
11effective date of rules relating to those permits adopted by
12the commissioner director under authority of this chapter. All
13other installations are existing installations.
1416. “Owner” means the owner of a conveyance, unless the
15conveyance is a new installation or is undergoing major
16alterations, in which case the owner shall be considered the
17person responsible for the installation or alteration of the
18conveyance until the conveyance has passed final inspection by
19the division department.
2019. “Special inspector” means an inspector commissioned
21by the labor commissioner director, and not employed by the
22division department.
23 Sec. 1811. Section 89A.3, subsections 6 and 8, Code 2023,
24are amended to read as follows:
256. The commissioner director shall furnish copies of
26the rules adopted pursuant to this chapter to any person who
27requests them, without charge, or upon payment of a charge not
28to exceed the actual cost of printing of the rules.
298. The commissioner director may adopt rules pursuant to
30chapter 17A relating to the denial, issuance, revocation, and
31suspension of special inspector commissions.
32 Sec. 1812. Section 89A.4, Code 2023, is amended to read as
33follows:
3489A.4 Commissioner’s Director’s duties and personnel.
35The commissioner director shall enforce the provisions of
-1080-1this chapter. The commissioner director shall employ personnel
2for the administration of this chapter pursuant to chapter 8A,
3subchapter IV.
4 Sec. 1813. Section 89A.5, Code 2023, is amended to read as
5follows:
689A.5 Registration of conveyances.
7The owner of every existing conveyance, whether or not
8dormant, shall register the conveyance with the commissioner
9 director, giving type, contract load and speed, name of
10manufacturer, its location, and the purpose for which it is
11used, and other information the commissioner director may
12require. Registration shall be made in a format required by
13the division department.
14 Sec. 1814. Section 89A.6, subsections 2, 4, and 5, Code
152023, are amended to read as follows:
162. Every existing conveyance registered with the
17commissioner director shall be inspected within one year
18after the effective date of the registration, except that the
19safety board may extend by rule the time specified for making
20inspections.
214. The inspections required by subsections 1 through 3
22shall be made only by inspectors or special inspectors. An
23inspection by a special inspector may be accepted by the
24commissioner director in lieu of a required inspection by an
25inspector.
265. A report of every inspection shall be filed with the
27commissioner director by the inspector or special inspector,
28in a format required by the commissioner director, after the
29inspection has been completed and within the time provided
30by rule, but not to exceed thirty days. The report shall
31include all information required by the commissioner director
32 to determine whether the conveyance is in compliance with
33applicable rules. For the inspection required by subsection
341, the report shall indicate whether the conveyance has
35been installed in accordance with the detailed plans and
-1081-1specifications approved by the commissioner director, and
2meets the requirements of the applicable rules. The failure
3of a special inspector to inform the commissioner director
4 of violations shall not subject the commissioner director to
5liability for any damages incurred.
6 Sec. 1815. Section 89A.7, Code 2023, is amended to read as
7follows:
889A.7 Alteration permits.
9The owner shall submit to the commissioner director detailed
10plans, specifications, and other information the commissioner
11 director may require for each conveyance to be altered,
12together with an application for an alteration permit, in
13a format required by the commissioner director. Repairs
14or replacements necessary for normal maintenance are not
15alterations, and may be made on existing installations with
16parts equivalent in material, strength, and design to those
17replaced and no plans or specifications or application need be
18filed for the repairs or replacements. However, this section
19does not authorize the use of any conveyance contrary to an
20order issued pursuant to section 89A.10, subsections 2 and 3.
21 Sec. 1816. Section 89A.8, Code 2023, is amended to read as
22follows:
2389A.8 New installation permits.
241. The installation or relocation of a conveyance shall
25not begin until an installation permit has been issued by the
26commissioner director.
272. An application for an installation permit shall be
28submitted in a format determined by the commissioner director.
293. a. If the application or any accompanying materials
30indicates a failure to comply with applicable rules, the
31commissioner director shall give notice of the compliance
32failures to the person filing the application.
33b. If the application indicates compliance with applicable
34rules or after compliance failures have been remedied, the
35commissioner director shall issue an installation permit for
-1082-1relocation or installation, as applicable.
2 Sec. 1817. Section 89A.9, subsection 1, Code 2023, is
3amended to read as follows:
41. Operating permits shall be issued by the commissioner
5 director to the owner of every conveyance when the inspection
6report indicates compliance with the applicable provisions
7of this chapter. However, a permit shall not be issued
8if the fees required by this chapter have not been paid.
9Permits shall be issued within thirty days after filing of
10the inspection report required by section 89A.6, unless the
11time is extended for cause by the division department. A
12conveyance shall not be operated after the thirty days or after
13an extension granted by the commissioner director has expired,
14unless an operating permit has been issued.
15 Sec. 1818. Section 89A.10, Code 2023, is amended to read as
16follows:
1789A.10 Enforcement orders by commissioner director —
18injunction.
191. If an inspection report indicates a failure to comply
20with applicable rules, or with the detailed plans and
21specifications approved by the commissioner director, the
22commissioner director may, upon giving notice, order the owner
23of a conveyance to make the changes necessary for compliance.
242. If the owner does not make the changes necessary for
25compliance as required in subsection 1 within the period
26specified by the commissioner director, the commissioner
27 director, upon notice, may suspend or revoke the operating
28permit, or may refuse to issue the operating permit for
29the conveyance. The commissioner director shall notify the
30owner of any action to suspend, revoke, or refuse to issue an
31operating permit and the reason for the action by service in
32the same manner as an original notice or by certified mail. An
33owner may appeal the commissioner’s director’s initial decision
34to the safety board. The decision of the safety board shall be
35considered final agency action pursuant to chapter 17A.
-1083- 13. If the commissioner director has reason to believe
2that the continued operation of a conveyance constitutes
3an imminent danger which could reasonably be expected to
4seriously injure or cause death to any person, in addition to
5any other remedies, the commissioner director may apply to the
6district court in the county in which such imminently dangerous
7condition exists for a temporary order for the purpose of
8enjoining such imminently dangerous conveyance. Upon hearing,
9if deemed appropriate by the court, a permanent injunction
10may be issued to ensure that such imminently dangerous
11conveyance be prevented or controlled. Upon the elimination
12or rectification of such imminently dangerous condition, the
13temporary or permanent injunction shall be vacated.
14 Sec. 1819. Section 89A.12, Code 2023, is amended to read as
15follows:
1689A.12 Access to conveyances.
17Every owner of a conveyance subject to regulation by
18this chapter shall grant access to that conveyance to the
19commissioner director and personnel of the division department.
20Inspections shall be permitted at reasonable times, with or
21without prior notice.
22 Sec. 1820. Section 89A.13, subsections 1, 2, and 4, Code
232023, are amended to read as follows:
241. An elevator safety board is created within the division
25of labor services in the department of workforce development
26 to formulate definitions and rules for the safe and proper
27installation, repair, maintenance, alteration, use, and
28operation of conveyances in this state.
292. The safety board is composed of nine members, one of
30whom shall be the commissioner director or the commissioner’s
31 director’s designee. The governor shall appoint the remaining
32eight members of the board, subject to senate confirmation, to
33staggered four-year terms which shall begin and end as provided
34in section 69.19. The members shall be as follows: two
35representatives from an elevator manufacturing company or
-1084-1its authorized representative; two representatives from
2elevator servicing companies; one building owner or manager;
3one representative employed by a local government in this
4state who is knowledgeable about building codes in this
5state; one representative of workers actively involved in the
6installation, maintenance, and repair of elevators; and one
7licensed mechanical engineer.
84. The members of the safety board shall select a
9chairperson, vice chairperson, and a secretary from their
10membership. However, neither the commissioner director nor the
11commissioner’s director’s designee shall serve as chairperson.
12The safety board shall meet at least quarterly but may meet as
13often as necessary. Meetings shall be set by a majority of the
14safety board or upon the call of the chairperson, or in the
15chairperson’s absence, upon the call of the vice chairperson.
16A majority of the safety board members shall constitute a
17quorum.
18 Sec. 1821. Section 89A.15, Code 2023, is amended to read as
19follows:
2089A.15 Inspections by local authorities.
21A city or other governmental subdivision shall not make or
22maintain any ordinance, bylaw, or resolution providing for the
23licensing of special inspectors. An ordinance or resolution
24relating to the inspection, construction, installation,
25alteration, maintenance, or operation of conveyances within
26the limits of the city or governmental subdivision which
27conflicts with this chapter or with rules adopted pursuant
28to this chapter is void. The commissioner director, in the
29commissioner’s director’s discretion, may accept inspections by
30local authorities in lieu of inspections required by section
3189A.6, but only upon a showing by the local authority that
32applicable laws and rules will be consistently and literally
33enforced and that inspections will be performed by special
34inspectors.
35 Sec. 1822. Section 89A.16, Code 2023, is amended to read as
-1085-1follows:
289A.16 Prosecution of offenses.
3The division department shall cause prosecution for the
4violation of the provisions of this chapter to be instituted
5by the attorney general in the county in which the violation
6occurred.
7 Sec. 1823. Section 89A.18, Code 2023, is amended to read as
8follows:
989A.18 Civil penalty.
10If upon notice and hearing the commissioner director
11 determines that an owner has operated a conveyance after an
12order of the commissioner director that suspends, revokes,
13or refuses to issue an operating permit for the conveyance
14has become final under section 89A.10, subsection 2, the
15commissioner director may assess a civil penalty against the
16owner in an amount not exceeding five hundred dollars, as
17determined by the commissioner director. An order assessing
18a civil penalty is subject to appeal under section 89A.10,
19subsection 2, in the same manner and to the same extent as
20decisions referred to in that subsection. The commissioner
21 director may commence an action in the district court to
22enforce payment of the civil penalty. A record of assessment
23against or payment of a civil penalty by any person for a
24violation of this section shall not be admissible as evidence
25in any court in any civil action. Revenue from the penalty
26provided in this section shall be remitted to the treasurer of
27state for deposit in the state general fund.
28 Sec. 1824. Section 89A.19, Code 2023, is amended to read as
29follows:
3089A.19 Elevator safety fund — fees appropriated.
31A revolving elevator safety fund is created in the state
32treasury under the control of the commissioner director and
33shall consist of moneys collected by the commissioner director
34 as fees. Moneys in the fund are appropriated to and shall
35be used by the commissioner director to pay the actual costs
-1086-1and expenses necessary to operate the safety board and perform
2the duties of the commissioner director as described in this
3chapter. All fees collected by the commissioner director
4 pursuant to this chapter shall be remitted to the treasurer
5of state to be deposited in the elevator safety fund. All
6salaries and expenses properly chargeable to the fund shall be
7paid from the fund. Section 8.33 does not apply to any moneys
8in the fund. Notwithstanding section 12C.7, subsection 2,
9interest or earnings on moneys deposited in the fund shall be
10credited to the fund.
11 Sec. 1825. Section 89B.3, Code 2023, is amended by adding
12the following new subsection:
13 NEW SUBSECTION. 01. “Commissioner” means the labor
14commissioner appointed pursuant to section 10A.203, or the
15labor commissioner’s designee.
16 Sec. 1826. Section 89B.3, subsection 1, Code 2023, is
17amended to read as follows:
181. “Division” means the division of labor services of the
19department of workforce development created under section 84A.1
20inspections, appeals, and licensing.
21 Sec. 1827. Section 90A.1, subsection 2, Code 2023, is
22amended to read as follows:
232. “Commissioner” means the state commissioner of athletics,
24who is also the labor commissioner appointed pursuant to
25section 91.2, director of the department of inspections,
26appeals, and licensing or the labor commissioner’s director’s
27 designee.
28 Sec. 1828. Section 91A.2, subsection 1, Code 2023, is
29amended by striking the subsection.
30 Sec. 1829. Section 91A.2, Code 2023, is amended by adding
31the following new subsection:
32 NEW SUBSECTION. 2A. “Director” means the director of the
33department of inspections, appeals, and licensing.
34 Sec. 1830. Section 91A.6, subsection 1, unnumbered
35paragraph 1, Code 2023, is amended to read as follows:
-1087- 1An employer shall after being notified by the commissioner
2 director pursuant to subsection 2:
3 Sec. 1831. Section 91A.6, subsection 2, Code 2023, is
4amended to read as follows:
52. The commissioner director shall notify an employer to
6comply with subsection 1 if the employer has paid a claim
7for unpaid wages or nonreimbursed authorized expenses and
8liquidated damages under section 91A.10 or if the employer
9has been assessed a civil money penalty under section 91A.12.
10However, a court may, when rendering a judgment for wages or
11nonreimbursed authorized expenses and liquidated damages or
12upholding a civil money penalty assessment, order that an
13employer shall not be required to comply with the provisions of
14subsection 1 or that an employer shall be required to comply
15with the provisions of subsection 1 for a particular period of
16time.
17 Sec. 1832. Section 91A.9, Code 2023, is amended to read as
18follows:
1991A.9 General powers and duties of the commissioner director.
201. The commissioner director shall administer and enforce
21the provisions of this chapter. The commissioner director may
22hold hearings and investigate charges of violations of this
23chapter.
242. The commissioner director may, consistent with due
25process of law, enter any place of employment to inspect
26records concerning wages and payrolls, to question the employer
27and employees, and to investigate such facts, conditions, or
28matters as are deemed appropriate in determining whether any
29person has violated the provisions of this chapter. However,
30such entry by the commissioner director shall only be in
31response to a written complaint.
323. The commissioner director may employ such qualified
33personnel as are necessary for the enforcement of this chapter.
34Such personnel shall be employed pursuant to chapter 8A,
35subchapter IV.
-1088- 14. The commissioner director shall, in consultation with
2the United States department of labor, develop a database of
3the employers in this state utilizing special certificates
4issued by the United States secretary of labor as authorized
5under 29 U.S.C. §214, and shall maintain the database.
65. The commissioner director shall promulgate, pursuant to
7chapter 17A, any rules necessary to carry out the provisions of
8this chapter.
9 Sec. 1833. Section 91A.10, Code 2023, is amended to read as
10follows:
1191A.10 Settlement of claims and suits for wages —
12prohibition against discharge of employee.
131. Upon the written complaint of the employee involved,
14the commissioner director may determine whether wages have
15not been paid and may constitute an enforceable claim. If
16for any reason the commissioner director decides not to make
17such determination, the commissioner director shall so notify
18the complaining employee within fourteen days of receipt of
19the complaint. The commissioner director shall otherwise
20notify the employee of such determination within a reasonable
21time and if it is determined that there is an enforceable
22claim, the commissioner director shall, with the consent of
23the complaining employee, take an assignment in trust for the
24wages and for any claim for liquidated damages without being
25bound by any of the technical rules respecting the validity of
26the assignment. However, the commissioner director shall not
27accept any complaint for unpaid wages and liquidated damages
28after one year from the date the wages became due and payable.
292. The commissioner director, with the assistance of the
30office of the attorney general if the commissioner director
31 requests such assistance, shall, unless a settlement is
32reached under this subsection, commence a civil action in any
33court of competent jurisdiction to recover for the benefit
34of any employee any wage, expenses, and liquidated damages’
35claims that have been assigned to the commissioner director
-1089-1 for recovery. The commissioner director may also request
2reasonable and necessary attorney fees. With the consent
3of the assigning employee, the commissioner director may
4also settle a claim on behalf of the assigning employee.
5Proceedings under this subsection and subsection 1 that precede
6commencement of a civil action shall be conducted informally
7without any party having a right to be heard before the
8commissioner director. The commissioner director may join
9various assignments in one claim for the purpose of settling or
10litigating their claims.
113. The provisions of subsections 1 and 2 shall not be
12construed to prevent an employee from settling or bringing an
13action for damages under section 91A.8 if the employee has not
14assigned the claim under subsection 1.
154. Any recovery of attorney fees, in the case of actions
16brought under this section by the commissioner director, shall
17be remitted by the commissioner director to the treasurer of
18state for deposit in the general fund of the state. Also, the
19commissioner director shall not be required to pay any filing
20fee or other court costs.
215. An employer shall not discharge or in any other manner
22discriminate against any employee because the employee has
23filed a complaint, assigned a claim, or brought an action
24under this section or has cooperated in bringing any action
25against an employer. Any employee may file a complaint with
26the commissioner director alleging discharge or discrimination
27within thirty days after such violation occurs. Upon receipt
28of the complaint, the commissioner director shall cause an
29investigation to be made to the extent deemed appropriate. If
30the commissioner director determines from the investigation
31that the provisions of this subsection have been violated, the
32commissioner director shall bring an action in the appropriate
33district court against such person. The district court shall
34have jurisdiction, for cause shown, to restrain violations of
35this subsection and order all appropriate relief including
-1090-1rehiring or reinstatement of the employee to the former
2position with back pay.
3 Sec. 1834. Section 91A.11, Code 2023, is amended to read as
4follows:
591A.11 Wage claims brought under reciprocity.
61. The commissioner director may enter into reciprocal
7agreements with the labor department or corresponding agency
8of any other state or its representatives for the collection
9in such other states of claims or judgments for wages and
10other demands based upon claims assigned to the commissioner
11 director.
122. The commissioner director may, to the extent provided
13for by any reciprocal agreement entered into by law or with an
14agency of another state as provided in this section, maintain
15actions in the courts of such other state to the extent
16permitted by the laws of that state for the collection of
17claims for wages, judgments and other demands and may assign
18such claims, judgments and demands to the labor department or
19agency of such other state for collection to the extent that
20such an assignment may be permitted or provided for by the laws
21of such state or by reciprocal agreement.
223. The commissioner director may, upon the written consent
23of the labor department or other corresponding agency of any
24other state or its representatives, maintain actions in the
25courts of this state upon assigned claims for wages, judgments
26and demands arising in such other state in the same manner
27and to the same extent that such actions by the commissioner
28 director are authorized when arising in this state. However,
29such actions may be maintained only in cases in which such
30other state by law or reciprocal agreement extends a like
31comity to cases arising in this state.
32 Sec. 1835. Section 91A.12, Code 2023, is amended to read as
33follows:
3491A.12 Civil penalties.
351. Any employer who violates the provisions of this chapter
-1091-1or the rules promulgated under it shall be subject to a civil
2money penalty of not more than five hundred dollars per pay
3period for each violation. The commissioner director may
4recover such civil money penalty according to the provisions
5of subsections 2 through 5. Any civil money penalty recovered
6shall be deposited in the general fund of the state.
72. The commissioner director may propose that an employer
8be assessed a civil money penalty by serving the employer with
9notice of such proposal in the same manner as an original
10notice is served under the rules of civil procedure. Upon
11service of such notice, the proposed assessment shall be
12treated as a contested case under chapter 17A. However, an
13employer must request a hearing within thirty days of being
14served.
153. If an employer does not request a hearing pursuant
16to subsection 2 or if the commissioner director determines,
17after an appropriate hearing, that an employer is in violation
18of this chapter, the commissioner director shall assess a
19civil money penalty which is consistent with the provisions
20of subsection 1 and which is rendered with due consideration
21for the penalty amount in terms of the size of the employer’s
22business, the gravity of the violation, the good faith of the
23employer, and the history of previous violations.
244. An employer may seek judicial review of any assessment
25rendered under subsection 3 by instituting proceedings for
26judicial review pursuant to chapter 17A. However, such
27proceedings must be instituted in the district court of the
28county in which the violation or one of the violations occurred
29and within thirty days of the day on which the employer was
30notified that an assessment has been rendered. Also, an
31employer may be required, at the discretion of the district
32court and upon instituting such proceedings, to deposit the
33amount assessed with the clerk of the district court. Any
34moneys so deposited shall either be returned to the employer
35or be forwarded to the commissioner director for deposit in
-1092-1the general fund of the state, depending on the outcome of the
2judicial review, including any appeal to the supreme court.
35. After the time for seeking judicial review has expired
4or after all judicial review has been exhausted and the
5commissioner’s director’s assessment has been upheld, the
6commissioner director shall request the attorney general to
7recover the assessed penalties in a civil action.
8 Sec. 1836. Section 91A.15, subsection 2, paragraph b, Code
92023, is amended to read as follows:
10b. The franchisor has been found by the commissioner
11 director to have exercised a type or degree of control over
12the franchisee or the franchisee’s employees that is not
13customarily exercised by a franchisor for the purpose of
14protecting the franchisor’s trademarks and brand.
15 Sec. 1837. Section 91C.1, Code 2023, is amended to read as
16follows:
1791C.1 Definition — exemption — combined registration and
18licensing process for plumbers and mechanical professionals.
191. As used in this chapter, unless the context otherwise
20requires, “contractor”:
21a. “Contractor”means a person who engages in the business
22of construction, as the term “construction” is defined in the
23Iowa administrative code for purposes of chapter 96, the Iowa
24employment security law. However, a person who earns less than
25two thousand dollars annually or who performs work or has work
26performed on the person’s own property is not a contractor for
27purposes of this chapter.
28b. “Department” means the department of inspections,
29appeals, and licensing.
30c. “Director” means the director of the department of
31inspections, appeals, and licensing.
322. The state, its boards, commissions, agencies,
33departments, and its political subdivisions including school
34districts and other special purpose districts, are not
35contractors for purposes of this chapter.
-1093- 12. 3. If a contractor’s registration application shows
2that the contractor is self-employed, does not pay more than
3two thousand dollars annually to employ other persons in the
4business, and does not work with or for other contractors in
5the same phases of construction, the contractor is exempt from
6the fee requirements under this chapter.
73. 4. a. The labor services division of the department of
8workforce development and the Iowa department of public health
9will work with stakeholders to develop a plan to combine the
10contractor registration and contractor licensing application
11process for contractors licensed under chapter 105, to be
12implemented in time for licensing renewals due July 1, 2017.
13Effective July 1, 2017, a A contractor licensed under chapter
14105 shall register as a contractor under this chapter in
15conjunction with the contractor licensing process established
16by the department. At no cost to the labor services division,
17the The department of public health shall collect both the
18registration and licensing applications as part of one combined
19application. The labor commissioner director shall design
20the contractor registration application form to exclude
21from the division of labor services’ department’s contractor
22registration application process those contractors who are also
23covered by chapter 103 or 105. The labor commissioner director
24 is authorized to adopt rules as needed to accomplish a merger
25of the application systems including transitional registration
26periods and fees.
27b. Effective July 1, 2017, excluding registrations by
28contractors that are exempt from the registration fee pursuant
29to this section, the department of public health shall collect
30and transfer to the labor services division a portion of each
31contractor license fee equal to three times the contractor
32registration fee for each three-year license or a prorated
33portion thereof using a one-sixth deduction for each six-month
34period of the renewal cycle.
35 Sec. 1838. Section 91C.2, Code 2023, is amended to read as
-1094-1follows:
291C.2 Registration required — conditions.
3A contractor doing business in this state shall register
4with the labor commissioner director and shall meet all of the
5following requirements as a condition of registration:
61. The contractor shall be in compliance with the laws of
7this state relating to workers’ compensation insurance and
8shall provide evidence of workers’ compensation insurance
9coverage annually, of relief from the insurance requirement
10pursuant to section 87.11, or a statement that the contractor
11is not required to carry workers’ compensation coverage.
12Notice of a policy’s cancellation shall be provided to the
13labor commissioner director by the insurance company.
142. The contractor shall possess an employer account number
15or a special contractor number issued by the department
16of workforce development pursuant to chapter 96, the Iowa
17employment security law.
183. An out-of-state contractor shall either file a surety
19bond, as provided in section 91C.7, with the division of labor
20services department in the amount of twenty-five thousand
21dollars or shall provide a statement to the division of labor
22services department that the contractor is prequalified to bid
23on projects for the department of transportation pursuant to
24section 314.1.
25 Sec. 1839. Section 91C.3, subsection 1, unnumbered
26paragraph 1, Code 2023, is amended to read as follows:
27The registration application shall be in the form prescribed
28by the labor commissioner director, shall be accompanied by
29the registration fee prescribed pursuant to section 91C.4, and
30shall contain information which is substantially complete and
31accurate. In addition to the information determined by the
32labor commissioner director to be necessary for purposes of
33section 91C.2, the application shall include information as to
34each of the following:
35 Sec. 1840. Section 91C.3, subsection 2, Code 2023, is
-1095-1amended to read as follows:
22. Any change in the information provided shall be reported
3promptly to the labor commissioner director.
4 Sec. 1841. Section 91C.4, Code 2023, is amended to read as
5follows:
691C.4 Fees.
7The labor commissioner director shall prescribe the fee for
8registration, which fee shall not exceed fifty dollars every
9year.
10 Sec. 1842. Section 91C.5, Code 2023, is amended to read as
11follows:
1291C.5 Public registration number — records — revocation.
131. The labor commissioner director shall issue to each
14registered contractor an identifying public registration
15number and shall compile records showing the names and public
16registration numbers of all contractors registered in the
17state. These records and the complete registration information
18provided by each contractor are public records and the labor
19commissioner director shall take steps as necessary to
20facilitate access to the information by governmental agencies
21and the general public.
222. The labor commissioner director shall revoke a
23registration number when the contractor fails to maintain
24compliance with the conditions necessary to obtain a
25registration. The labor commissioner director shall provide
26a fact-finding interview to assure that the contractor is not
27in compliance before revoking any registration. Hearings on
28revocation of registrations shall be held in accordance with
29section 91C.8.
30 Sec. 1843. Section 91C.6, Code 2023, is amended to read as
31follows:
3291C.6 Rules.
33The labor commissioner director shall adopt rules, pursuant
34to chapter 17A, determined to be reasonably necessary for
35phasing in, administering, and enforcing the system of
-1096-1contractor registration established by this chapter.
2 Sec. 1844. Section 91C.7, Code 2023, is amended to read as
3follows:
491C.7 Contracts — contractor’s bond.
51. A contractor who is not registered with the labor
6commissioner director as required by this chapter shall not be
7awarded a contract to perform work for the state or an agency
8of the state.
92. A surety bond filed pursuant to section 91C.2 shall
10be executed by a surety company authorized to do business in
11this state, and the bond shall be continuous in nature until
12canceled by the surety with not less than thirty days’ written
13notice to the contractor and to the division of labor services
14of the department of workforce development indicating the
15surety’s desire to cancel the bond. The surety company shall
16not be liable under the bond for any contract commenced after
17the cancellation of the bond. The division of labor services
18of the department of workforce development may increase the
19bond amount after a hearing.
203. Release of the bond shall be conditioned upon the
21payment of all taxes, including contributions due under
22the unemployment compensation insurance system, penalties,
23interest, and related fees, which may accrue to the state
24of Iowa. If at any time during the term of the bond,
25the department of revenue or the department of workforce
26development determines that the amount of the bond is not
27sufficient to cover the tax liabilities accruing to the state
28of Iowa, the labor commissioner director shall require the bond
29to be increased by an amount the labor commissioner director
30 deems sufficient to cover the tax liabilities accrued and
31accruing.
324. The department of revenue and the department of workforce
33development shall adopt rules for the collection of the
34forfeiture. Notice shall be provided to the surety and to
35the contractor. Notice to the contractor shall be mailed to
-1097-1the contractor’s last known address and to the contractor’s
2registered agent for service of process, if any, within the
3state. The contractor or surety shall have the opportunity to
4apply to the director of revenue for a hearing within thirty
5days after the giving of such notice. Upon the failure to
6timely request a hearing, the bond shall be forfeited. If,
7after the hearing upon timely request, the department of
8revenue or the department of workforce development finds
9that the contractor has failed to pay the total of all taxes
10payable, the department of revenue or the department of
11workforce development shall order the bond forfeited. The
12amount of the forfeiture shall be the amount of taxes payable
13or the amount of the bond, whichever is less. For purposes of
14this section “taxes payable” means all tax, penalties, interest,
15and fees that the department of revenue has previously
16determined to be due to the state by assessment or in an appeal
17of an assessment, including contributions to the unemployment
18compensation insurance system.
195. If it is determined that this section may cause denial
20of federal funds which would otherwise be available, or is
21otherwise inconsistent with requirements of federal law, this
22section shall be suspended, but only to the extent necessary to
23prevent denial of the funds or to eliminate the inconsistency
24with federal requirements.
256. The bond required by this section may be attached by the
26commissioner director for collection of fees and penalties due
27to the division.
28 Sec. 1845. Section 91C.8, Code 2023, is amended to read as
29follows:
3091C.8 Investigations — enforcement — administrative
31penalties.
321. The labor commissioner director and inspectors of the
33division of labor services of the department of workforce
34development have jurisdiction for investigation and enforcement
35in cases where contractors may be in violation of the
-1098-1requirements of this chapter or rules adopted pursuant to this
2chapter.
32. If, upon investigation, the labor commissioner director
4 or the commissioner’s director’s authorized representative
5believes that a contractor has violated any of the following,
6the commissioner director shall with reasonable promptness
7issue a citation to the contractor:
8a. The requirement that a contractor be registered.
9b. The requirement that the contractor’s registration
10information be substantially complete and accurate.
11c. The requirement that an out-of-state contractor file a
12bond with the division of labor services department.
133. Each citation shall be in writing and shall describe
14with particularity the nature of the violation, including a
15reference to the provision of the statute alleged to have been
16violated.
174. If a citation is issued, the commissioner director shall,
18within seven days, notify the contractor by service in the
19same manner as an original notice or by certified mail of the
20administrative penalty, if any, proposed to be assessed and
21that the contractor has fifteen working days within which to
22notify the commissioner director that the contractor wishes to
23contest the citation or proposed assessment of penalty.
245. The administrative penalties which may be imposed under
25this section shall be not more than five hundred dollars
26in the case of a first violation and not more than five
27thousand dollars for each violation in the case of a second or
28subsequent violation. All administrative penalties collected
29pursuant to this chapter shall be deposited in the general fund
30of the state.
316. If, within fifteen working days from the receipt of
32the notice, the contractor fails to notify the commissioner
33 director that the contractor intends to contest the citation
34or proposed assessment of penalty, the citation and the
35assessment, as proposed, shall be deemed a final order of the
-1099-1employment appeal board and not subject to review by any court
2or agency.
37. If the contractor notifies the commissioner director
4 that the contractor intends to contest the citation or proposed
5assessment of penalty, the commissioner director shall
6immediately advise the employment appeal board established by
7section 10A.601. The employment appeal board shall review the
8action of the commissioner director and shall thereafter issue
9an order, based on findings of fact, affirming, modifying, or
10vacating the commissioner’s director’s citation or proposed
11penalty or directing other appropriate relief, and the order
12shall become final sixty days after its issuance.
138. The labor commissioner director shall notify the
14department of revenue upon final agency action regarding
15the citation and assessment of penalty against a registered
16contractor.
179. Judicial review of any order of the employment appeal
18board issued pursuant to this section may be sought in
19accordance with the terms of chapter 17A. If no petition
20for judicial review is filed within sixty days after service
21of the order of the employment appeal board, the appeal
22board’s findings of fact and order shall be conclusive in
23connection with any petition for enforcement which is filed
24by the commissioner director after the expiration of the
25sixty-day period. In any such case, the clerk of court, unless
26otherwise ordered by the court, shall forthwith enter a decree
27enforcing the order and shall transmit a copy of the decree to
28the employment appeal board and the contractor named in the
29petition.
30 Sec. 1846. Section 91C.9, subsection 1, Code 2023, is
31amended to read as follows:
321. A contractor registration revolving fund is created in
33the state treasury. The revolving fund shall be administered
34by the commissioner director and shall consist of moneys
35collected by the commissioner director as fees. The
-1100-1commissioner director shall remit all fees collected pursuant
2to this chapter to the revolving fund. The moneys in the
3revolving fund are appropriated to and shall be used by the
4commissioner director to pay the actual costs and expenses
5necessary to perform the duties of the commissioner director
6 and the division of labor services department as described in
7this chapter. All salaries and expenses properly chargeable to
8the revolving fund shall be paid from the revolving fund.
9 Sec. 1847. Section 91D.1, subsection 1, paragraph c, Code
102023, is amended to read as follows:
11c. For purposes of determining whether an employee of a
12restaurant, hotel, motel, inn, or cabin, who customarily and
13regularly receives more than thirty dollars a month in tips
14is receiving the minimum hourly wage rate prescribed by this
15section, the amount paid the employee by the employer shall
16be deemed to be increased on account of the tips by an amount
17determined by the employer, not to exceed forty percent of
18the applicable minimum wage. An employee may file a written
19appeal with the labor commissioner director of the department
20of inspections, appeals, and licensing if the amount of tips
21received by the employee is less than the amount determined by
22the employer under this subsection.
23 Sec. 1848. Section 91D.1, subsection 3, paragraph b,
24subparagraph (2), Code 2023, is amended to read as follows:
25(2) The franchisor has been found by the labor commissioner
26 director of the department of inspections, appeals, and
27licensing to have exercised a type or degree of control over
28the franchisee or the franchisee’s employees that is not
29customarily exercised by a franchisor for the purpose of
30protecting the franchisor’s trademarks and brand.
31 Sec. 1849. Section 91D.1, subsection 5, Code 2023, is
32amended to read as follows:
335. The labor commissioner director of the department of
34inspections, appeals, and licensing shall adopt rules to
35implement and administer this section.
-1101-1 Sec. 1850. Section 91E.1, subsection 1, Code 2023, is
2amended by striking the subsection and inserting in lieu
3thereof the following:
41. “Director” means the director of the department of
5inspections, appeals, and licensing.
6 Sec. 1851. Section 91E.2, subsection 1, paragraph b, Code
72023, is amended to read as follows:
8b. If a Spanish-speaking interpreter is needed, the employer
9shall select an interpreter from a list of interpreters
10developed by the department of workforce development
11 inspections, appeals, and licensing.
12 Sec. 1852. Section 91E.5, Code 2023, is amended to read as
13follows:
1491E.5 Duties and authority of the commissioner director.
151. The commissioner director shall adopt rules to implement
16and enforce this chapter and shall provide further exemptions
17from the provisions of this chapter where reasonable.
182. In order to carry out the purposes of this chapter,
19the commissioner director or the commissioner’s director’s
20 representative, upon presenting appropriate credentials to the
21owner, operator, or agent in charge, may:
22a. Inspect employment records relating to the total number
23of employees and non-English speaking employees, and the
24services provided to non-English speaking employees.
25b. Interview an employer, owner, operator, agent, or
26employee, during working hours or at other reasonable times.
27 Sec. 1853. Section 92.1, Code 2023, is amended to read as
28follows:
2992.1 Street occupations — migratory labor.
301. No person under ten years of age shall be employed or
31permitted to work with or without compensation at any time
32within this state in street occupations of peddling, shoe
33polishing, the distribution or sale of newspapers, magazines,
34periodicals or circulars, nor in any other occupations in any
35street or public place. The labor commissioner director shall,
-1102-1when ordered by a judge of the juvenile court, issue a work
2permit as provided in this chapter to a person under ten years
3of age.
42. No person under twelve years of age shall be employed
5or permitted to work with or without compensation at any time
6within this state in connection with migratory labor, except
7that the labor commissioner director may upon sufficient
8showing by a judge of the juvenile court, issue a work permit
9as provided in this chapter to a person under twelve years of
10age.
11 Sec. 1854. NEW SECTION. 92.1B Definition.
12For purposes of this chapter, “director” means the director
13of the department of inspections, appeals, and licensing.
14 Sec. 1855. Section 92.4, subsection 1, Code 2023, is amended
15to read as follows:
161. Those persons legally out of school, if such status
17is verified by the submission of written proof to the labor
18commissioner director.
19 Sec. 1856. Section 92.6, subsection 1, paragraph g, Code
202023, is amended to read as follows:
21g. Occupations prohibited by rules adopted pursuant to
22chapter 17A by the labor commissioner director.
23 Sec. 1857. Section 92.8, subsection 21, Code 2023, is
24amended to read as follows:
2521. Occupations prohibited by rules adopted pursuant to
26chapter 17A by the labor commissioner director.
27 Sec. 1858. Section 92.11, unnumbered paragraph 1, Code
282023, is amended to read as follows:
29A work permit, except for migrant laborers, shall be issued
30only by the labor commissioner director upon the application of
31the parent, guardian, or custodian of the child desiring such
32permit. The application shall include the following:
33 Sec. 1859. Section 92.12, subsections 2 and 3, Code 2023,
34are amended to read as follows:
352. Work permits for migrant workers shall be issued by the
-1103-1labor commissioner director upon application of the parent or
2head of the migrant family. The application shall include
3documentation of proof of age as described in section 92.11,
4subsection 2.
53. One copy of the permit issued shall be given to the
6employer to be kept on file for the length of employment and
7upon termination of employment shall be returned to the labor
8commissioner director. The blank forms for the application
9for a work permit for migratory workers and the work permit
10for migratory workers shall be formulated by the commissioner
11 director.
12 Sec. 1860. Section 92.13, Code 2023, is amended to read as
13follows:
1492.13 Optional refusal of permit.
15The labor commissioner director may refuse to grant a
16permit if, in the commissioner’s director’s judgment, the best
17interests of the minor would be served by such refusal and the
18commissioner director shall keep a record of such refusals, and
19the reasons therefor.
20 Sec. 1861. Section 92.15, Code 2023, is amended to read as
21follows:
2292.15 Application to labor commissioner director.
23An application for a work permit pursuant to section 92.11
24or section 92.12 shall be submitted to the office of the labor
25commissioner director within three days after the child begins
26work.
27 Sec. 1862. Section 92.16, Code 2023, is amended to read as
28follows:
2992.16 Forms for permits formulated.
30The proper forms for the application for a work permit,
31the work permit, the certificate of age, and the physician’s
32certificate shall be formulated by the labor commissioner
33 director.
34 Sec. 1863. Section 92.21, Code 2023, is amended to read as
35follows:
-1104- 192.21 Rules and orders of labor commissioner director.
21. The labor commissioner director may adopt rules pursuant
3to chapter 17A to more specifically define the occupations
4and equipment permitted or prohibited in this chapter, to
5determine occupations for which work permits are required, and
6to issue general and special orders prohibiting or allowing
7the employment of persons under eighteen years of age in any
8place of employment defined in this chapter as hazardous to the
9health, safety, and welfare of the persons.
102. The labor commissioner director shall adopt rules
11pursuant to chapter 17A specifically defining the civil penalty
12amount to be assessed for violations of this chapter.
13 Sec. 1864. Section 92.22, Code 2023, is amended to read as
14follows:
1592.22 Labor commissioner Director to enforce — civil penalty
16— judicial review.
171. The labor commissioner director shall enforce this
18chapter. An employer who violates this chapter or the rules
19adopted pursuant to this chapter is subject to a civil penalty
20of not more than ten thousand dollars for each violation.
212. The commissioner director shall notify the employer
22of a proposed civil penalty by service in the same manner as
23an original notice or by certified mail. If, within fifteen
24working days from the receipt of the notice, the employer fails
25to file a notice of contest in accordance with rules adopted by
26the commissioner director pursuant to chapter 17A, the penalty,
27as proposed, shall be deemed final agency action for purposes
28of judicial review.
293. The commissioner director shall notify the department of
30revenue upon final agency action regarding the assessment of a
31penalty against an employer. Interest shall be calculated from
32the date of final agency action.
334. Judicial review of final agency action pursuant to
34this section may be sought in accordance with the terms of
35section 17A.19. If no petition for judicial review is filed
-1105-1within sixty days after service of the final agency action
2of the commissioner director, the commissioner’s director’s
3 findings of fact and final agency action shall be conclusive in
4connection with any petition for enforcement which is filed by
5the commissioner director after the expiration of the sixty-day
6period. In any such case, the clerk of court, unless otherwise
7ordered by the court, shall forthwith enter a decree enforcing
8the final agency action and shall transmit a copy of the decree
9to the commissioner director and the employer named in the
10petition.
115. Any penalties recovered pursuant to this section shall be
12remitted by the commissioner director to the treasurer of state
13for deposit in the general fund of the state.
146. Mayors and police officers, sheriffs, school
15superintendents, and school truant and attendance officers,
16within their several jurisdictions, shall cooperate in the
17enforcement of this chapter and furnish the commissioner
18 director and the commissioner’s director’s designees with all
19information coming to their knowledge regarding violations of
20this chapter. All such officers and any person authorized in
21writing by a court of record shall have the authority to enter,
22for the purpose of investigation, any of the establishments and
23places mentioned in this chapter and to freely question any
24person therein as to any violations of this chapter.
257. County attorneys shall investigate all complaints made
26to them of violations of this chapter, and prosecute all such
27cases of violation within their respective counties.
28 Sec. 1865. Section 96.1A, subsection 23, Code 2023, is
29amended to read as follows:
3023. “Hospital” means an institution which has been licensed,
31certified, or approved by the department of inspections, and
32 appeals, and licensing as a hospital.
33 Sec. 1866. Section 97B.20A, Code 2023, is amended to read
34as follows:
3597B.20A Appeal procedure.
-1106- 1Members and third-party payees may appeal any decision made
2by the system that affects their rights under this chapter.
3The appeal shall be filed with the system within thirty days
4after the notification of the decision was mailed to the
5party’s last known mailing address, or the decision of the
6system is final. If the party appeals the decision of the
7system, the system shall conduct an internal review of the
8decision and the chief executive officer shall notify the
9individual who has filed the appeal in writing of the system’s
10decision. The individual who has filed the appeal may file an
11appeal of the system’s final decision with the system under
12chapter 17A by notifying the system of the appeal in writing
13within thirty days after the notification of its final decision
14was mailed to the party’s last known mailing address. Once
15notified, the system shall forward the appeal to the department
16of inspections, and appeals, and licensing.
17 Sec. 1867. Section 97B.20B, Code 2023, is amended to read
18as follows:
1997B.20B Hearing by administrative law judge.
20If an appeal is filed and is not withdrawn, an administrative
21law judge in the department of inspections, and appeals, and
22licensing, after affording the parties reasonable opportunity
23for fair hearing, shall affirm, modify, or reverse the
24decision of the system. The hearing shall be recorded by
25mechanical means and a transcript of the hearing shall be
26made. The transcript shall then be made available for use by
27the employment appeal board and by the courts at subsequent
28judicial review proceedings under the Iowa administrative
29procedure Act, chapter 17A, if any. The parties shall be duly
30notified of the administrative law judge’s decision, together
31with the administrative law judge’s reasons. The decision is
32final unless, within thirty days after the date of notification
33or mailing of the decision, review by the employment appeal
34board is initiated pursuant to section 97B.27.
35 Sec. 1868. Section 97B.27, Code 2023, is amended to read as
-1107-1follows:
297B.27 Review of decision.
3Anyone aggrieved by the decision of the administrative law
4judge may, at any time before the administrative law judge’s
5decision becomes final, petition the department of inspections,
6 and appeals, and licensing for review by the employment appeal
7board established in section 10A.601. The appeal board shall
8review the record made before the administrative law judge, but
9no additional evidence shall be heard. On the basis of the
10record the appeal board shall affirm, modify, or reverse the
11decision of the administrative law judge and shall determine
12the rights of the appellant. It shall promptly notify the
13appellant and any other interested party by written decision.
14 Sec. 1869. Section 99B.1, subsection 13, Code 2023, is
15amended to read as follows:
1613. “Department” means the department of inspections, and
17 appeals, and licensing.
18 Sec. 1870. Section 99B.6, Code 2023, is amended to read as
19follows:
2099B.6 Attorney general and county attorney — prosecution.
21Upon request of the department of inspections, and appeals,
22and licensing or the division of criminal investigation of
23the department of public safety, the attorney general shall
24institute in the name of the state the proper proceedings
25against a person charged by either department with violating
26this chapter, and a county attorney, at the request of the
27attorney general, shall appear and prosecute an action when
28brought in the county attorney’s county.
29 Sec. 1871. Section 99B.7, Code 2023, is amended to read as
30follows:
3199B.7 Division of criminal investigation.
32The division of criminal investigation of the department of
33public safety may investigate to determine licensee compliance
34with the requirements of this chapter. Investigations may be
35conducted either on the criminal investigation division’s own
-1108-1initiative or at the request of the department of inspections,
2 and appeals, and licensing. The criminal investigation
3division and the department of inspections, and appeals, and
4licensing shall cooperate to the maximum extent possible on an
5investigation.
6 Sec. 1872. Section 99B.58, Code 2023, is amended to read as
7follows:
899B.58 Electrical or mechanical amusement devices — special
9fund.
10Fees collected by the department pursuant to sections 99B.53
11and 99B.56 shall be deposited in a special fund created in
12the state treasury. Moneys in the fund are appropriated to
13the department of inspections, and appeals, and licensing
14 and the department of public safety for administration and
15enforcement of this subchapter, including employment of
16necessary personnel. The distribution of moneys in the fund to
17the department of inspections, and appeals, and licensing and
18the department of public safety shall be pursuant to a written
19policy agreed upon by the departments. Notwithstanding section
2012C.7, subsection 2, interest or earnings on moneys deposited
21in the fund shall be credited to the fund. Notwithstanding
22section 8.33, moneys remaining in the fund at the end of a
23fiscal year shall not revert to the general fund of the state.
24 Sec. 1873. Section 99D.5, subsection 1, Code 2023, is
25amended to read as follows:
261. A state racing and gaming commission is created within
27the department of inspections, and appeals, and licensing
28 consisting of five members who shall be appointed by the
29governor subject to confirmation by the senate, and who shall
30serve not to exceed a three-year term at the pleasure of the
31governor. The term of each member shall begin and end as
32provided in section 69.19.
33 Sec. 1874. Section 99F.4B, Code 2023, is amended to read as
34follows:
3599F.4B Rules.
-1109- 1The department of inspections, and appeals, and licensing
2 shall cooperate to the maximum extent possible with the
3division of criminal investigation in adopting rules relating
4to the gaming operations in this chapter and chapters 99D and
599E.
6 Sec. 1875. Section 99F.20, subsection 1, Code 2023, is
7amended to read as follows:
81. A gaming regulatory revolving fund is created in
9the state treasury under the control of the department of
10inspections, and appeals, and licensing. The fund shall
11consist of fees collected and deposited into the fund paid
12by licensees pursuant to section 99D.14, subsection 2,
13paragraph “c”, fees paid by licensees pursuant to section
1499E.5, subsection 4, paragraph “c”, regulatory fees paid by
15licensees pursuant to section 99F.4, subsection 27, and fees
16paid by licensees pursuant to section 99F.10, subsection 4,
17paragraph “c”. All costs relating to racetrack, excursion
18boat, gambling structure, internet fantasy sports contests as
19defined in section 99E.1, and sports wagering regulation shall
20be paid from the fund as provided in appropriations made for
21this purpose by the general assembly. The department shall
22provide quarterly reports to the department of management and
23the legislative services agency specifying revenues billed
24and collected and expenditures from the fund in a format as
25determined by the department of management in consultation with
26the legislative services agency.
27 Sec. 1876. Section 123.3, subsection 23, Code 2023, is
28amended to read as follows:
2923. “Hotel” or “motel” means premises licensed by the
30department of inspections, and appeals, and licensing and
31regularly or seasonally kept open in a bona fide manner for the
32lodging of transient guests, and with twenty or more sleeping
33rooms.
34 Sec. 1877. Section 123.10, subsection 15, Code 2023, is
35amended to read as follows:
-1110- 115. Prescribing the uniform fee, not to exceed one hundred
2dollars, to be assessed against a licensee or permittee for
3a contested case hearing conducted by the division or by an
4administrative law judge from the department of inspections,
5 and appeals, and licensing which results in administrative
6action taken against the licensee or permittee by the division.
7 Sec. 1878. Section 123.17, subsection 4, Code 2023, is
8amended to read as follows:
94. The treasurer of state shall, each quarter, prepare
10an estimate of the gaming revenues and of the moneys to be
11deposited in the beer and liquor control fund that will become
12available during the remainder of the appropriate fiscal year
13for the purposes described in subsection 3. The department
14of management, the department of inspections, and appeals,
15and licensing, and the department of commerce shall take
16appropriate actions to provide that the sum of the amount of
17gaming revenues available to be deposited into the revenue
18bonds debt service fund and the revenue bonds federal subsidy
19holdback fund during a fiscal year and the amount of moneys to
20be deposited in the beer and liquor control fund available to
21be deposited into the revenue bonds debt service fund and the
22revenue bonds federal subsidy holdback fund during such fiscal
23year will be sufficient to cover any anticipated deficiencies.
24 Sec. 1879. Section 123.30, subsection 1, paragraph b, Code
252023, is amended to read as follows:
26b. As a condition for issuance of a retail alcohol license
27or wine or beer permit, the applicant must give consent
28to members of the fire, police, and health departments and
29the building inspector of cities; the county sheriff or
30deputy sheriff; members of the department of public safety;
31representatives of the division and of the department of
32inspections, and appeals, and licensing; certified police
33officers; and any official county health officer to enter upon
34areas of the premises where alcoholic beverages are stored,
35served, or sold, without a warrant during business hours of
-1111-1the licensee or permittee to inspect for violations of this
2chapter or ordinances and regulations that cities and boards
3of supervisors may adopt. However, a subpoena issued under
4section 421.17 or a warrant is required for inspection of
5private records, a private business office, or attached living
6quarters. Persons who are not certified peace officers shall
7limit the scope of their inspections of licensed premises
8to the regulatory authority under which the inspection is
9conducted. All persons who enter upon a licensed premises to
10conduct an inspection shall present appropriate identification
11to the owner of the establishment or the person who appears
12to be in charge of the establishment prior to commencing
13an inspection; however, this provision does not apply to
14undercover criminal investigations conducted by peace officers.
15 Sec. 1880. Section 123.32, subsection 6, paragraph b, Code
162023, is amended to read as follows:
17b. Upon receipt of an application having been approved by
18the local authority, the division shall make an investigation
19as the administrator deems necessary to determine that the
20applicant complies with all requirements for holding a license,
21and may require the applicant to appear to be examined under
22oath to demonstrate that the applicant complies with all of the
23requirements to hold a license. If the administrator requires
24the applicant to appear and to testify under oath, a record
25shall be made of all testimony or evidence and the record
26shall become a part of the application. The administrator
27may appoint a member of the division or may request an
28administrative law judge of the department of inspections, and
29 appeals, and licensing to receive the testimony under oath
30and evidence, and to issue a proposed decision to approve or
31disapprove the application for a license. The administrator
32may affirm, reverse, or modify the proposed decision to
33approve or disapprove the application for the license. If
34the application is approved by the administrator, the license
35shall be issued. If the application is disapproved by the
-1112-1administrator, the applicant shall be so notified by certified
2mail or personal service and the appropriate local authority
3shall be notified electronically, or in a manner prescribed by
4the administrator.
5 Sec. 1881. Section 123.32, subsections 7 and 9, Code 2023,
6are amended to read as follows:
77. Appeal to administrator. An applicant for a retail
8alcohol license may appeal from the local authority’s
9disapproval of an application for a license or permit to the
10administrator. In the appeal the applicant shall be allowed
11the opportunity to demonstrate in an evidentiary hearing
12conducted pursuant to chapter 17A that the applicant complies
13with all of the requirements for holding the license or permit.
14The administrator may appoint a member of the division or
15may request an administrative law judge from the department
16of inspections, and appeals, and licensing to conduct the
17evidentiary hearing and to render a proposed decision to
18approve or disapprove the issuance of the license or permit.
19The administrator may affirm, reverse, or modify the proposed
20decision. If the administrator determines that the applicant
21complies with all of the requirements for holding a license
22or permit, the administrator shall order the issuance of the
23license or permit. If the administrator determines that the
24applicant does not comply with the requirements for holding
25a license or permit, the administrator shall disapprove the
26issuance of the license or permit.
279. Suspension by local authority. A retail alcohol licensee
28whose license has been suspended or revoked or a civil penalty
29imposed by a local authority for a violation of this chapter
30or suspended by a local authority for violation of a local
31ordinance may appeal the suspension, revocation, or civil
32penalty to the administrator. The administrator may appoint
33a member of the division or may request an administrative
34law judge from the department of inspections, and appeals,
35and licensing to hear the appeal which shall be conducted in
-1113-1accordance with chapter 17A and to issue a proposed decision.
2The administrator may review the proposed decision upon the
3motion of a party to the appeal or upon the administrator’s
4own motion in accordance with chapter 17A. Upon review of the
5proposed decision, the administrator may affirm, reverse, or
6modify the proposed decision. A retail alcohol licensee or a
7local authority aggrieved by a decision of the administrator
8may seek judicial review of the decision pursuant to chapter
917A.
10 Sec. 1882. Section 123.39, subsection 1, paragraph e, Code
112023, is amended to read as follows:
12e. Before suspension, revocation, or imposition of a
13civil penalty by the administrator, the license, permit,
14or certificate holder shall be given written notice and an
15opportunity for a hearing. The administrator may appoint
16a member of the division or may request an administrative
17law judge from the department of inspections, and appeals,
18and licensing to conduct the hearing and issue a proposed
19decision. Upon the motion of a party to the hearing or
20upon the administrator’s own motion, the administrator may
21review the proposed decision in accordance with chapter 17A.
22 Upon review of the proposed decision, the administrator may
23affirm, reverse, or modify the proposed decision. A license,
24permit, or certificate holder aggrieved by a decision of the
25administrator may seek judicial review of the administrator’s
26decision in accordance with chapter 17A.
27 Sec. 1883. Section 125.18, Code 2023, is amended to read as
28follows:
29125.18 Hearing before board.
30If a licensee under this chapter makes a written request
31for a hearing within thirty days of suspension, revocation, or
32refusal to renew a license, a hearing before the board shall
33be expeditiously arranged by the department of inspections,
34 and appeals, and licensing whose decision is subject to review
35by the board. The board shall issue a written statement of
-1114-1the board’s findings within thirty days after conclusion of
2the hearing upholding or reversing the proposed suspension,
3revocation, or refusal to renew a license. Action involving
4suspension, revocation, or refusal to renew a license shall
5not be taken by the board unless a quorum is present at the
6meeting. A copy of the board’s decision shall be promptly
7transmitted to the affected licensee who may, if aggrieved by
8the decision, seek judicial review of the actions of the board
9in accordance with the terms of chapter 17A.
10 Sec. 1884. Section 135.16A, subsection 1, paragraph d, Code
112023, is amended to read as follows:
12d. “Grocery store” means a food establishment as defined
13in section 137F.1 licensed by the department of inspections,
14 and appeals, and licensing pursuant to section 137F.4, to sell
15food or food products to customers intended for preparation or
16consumption off premises.
17 Sec. 1885. Section 135.16A, subsection 2, paragraph a, Code
182023, is amended to read as follows:
19a. The department of inspections, and appeals, and licensing
20 shall assist the Iowa department of public health in adopting
21rules necessary to implement and administer this section.
22 Sec. 1886. Section 135.63, subsection 2, paragraph g,
23subparagraph (1), subparagraph division (a), Code 2023, is
24amended to read as follows:
25(a) The institutional health facility reports to the
26department the number and type of beds reduced on a form
27prescribed by the department at least thirty days before the
28reduction. In the case of a health care facility, the new bed
29total must be consistent with the number of licensed beds at
30the facility. In the case of a hospital, the number of beds
31must be consistent with bed totals reported to the department
32of inspections, and appeals, and licensing for purposes of
33licensure and certification.
34 Sec. 1887. Section 135B.1, subsection 1, Code 2023, is
35amended to read as follows:
-1115- 11. “Department” means the department of inspections, and
2 appeals, and licensing.
3 Sec. 1888. Section 135C.1, subsections 4, 6, and 20, Code
42023, are amended to read as follows:
54. “Department” means the department of inspections, and
6 appeals, and licensing.
76. “Director” means the director of the department of
8inspections, and appeals, and licensing, or the director’s
9designee.
1020. “Residential care facility” means any institution,
11place, building, or agency providing for a period exceeding
12twenty-four consecutive hours accommodation, board, personal
13assistance and other essential daily living activities to
14three or more individuals, not related to the administrator or
15owner thereof within the third degree of consanguinity, who by
16reason of illness, disease, or physical or mental infirmity
17are unable to sufficiently or properly care for themselves but
18who do not require the services of a registered or licensed
19practical nurse except on an emergency basis or who by reason
20of illness, disease, or physical or mental infirmity are unable
21to sufficiently or properly care for themselves but who do not
22require the services of a registered or licensed practical
23nurse except on an emergency basis if home and community-based
24services, other than nursing care, as defined by this chapter
25and departmental rule, are provided. For the purposes of
26this definition, the home and community-based services to be
27provided are limited to the type included under the medical
28assistance program provided pursuant to chapter 249A, are
29subject to cost limitations established by the department of
30human services under the medical assistance program, and except
31as otherwise provided by the department of inspections, and
32 appeals, and licensing with the concurrence of the department
33of human services, are limited in capacity to the number of
34licensed residential care facilities and the number of licensed
35residential care facility beds in the state as of December 1,
-1116-12003.
2 Sec. 1889. Section 135C.4, subsection 3, Code 2023, is
3amended to read as follows:
43. For the purposes of this section, the home and
5community-based services to be provided shall be limited to the
6type included under the medical assistance program provided
7pursuant to chapter 249A, shall be subject to cost limitations
8established by the department of human services under the
9medical assistance program, and except as otherwise provided by
10the department of inspections, and appeals, and licensing with
11the concurrence of the department of human services, shall be
12limited in capacity to the number of licensed residential care
13facilities and the number of licensed residential care facility
14beds in the state as of December 1, 2003.
15 Sec. 1890. Section 135C.19, subsection 3, Code 2023, is
16amended to read as follows:
173. If the facility cited subsequently advises the
18department of human services that the violation has been
19corrected to the satisfaction of the department of inspections,
20 and appeals, and licensing, the department of human services
21shall maintain this advisory in the same file with the copy
22of the citation. The department of human services shall
23not disseminate to the public any information regarding
24citations issued by the department of inspections, and appeals,
25and licensing, but shall forward or refer inquiries to the
26department of inspections, and appeals, and licensing.
27 Sec. 1891. Section 135C.31A, subsection 1, Code 2023, is
28amended to read as follows:
291. A health care facility shall assist the Iowa department
30of veterans affairs in identifying, upon admission of a
31resident, the resident’s eligibility for benefits through the
32United States department of veterans affairs. The department
33of inspections, and appeals, and licensing, in cooperation
34with the department of human services, shall adopt rules to
35administer this section, including a provision that ensures
-1117-1that if a resident is eligible for benefits through the United
2States department of veterans affairs or other third-party
3payor, the payor of last resort for reimbursement to the
4health care facility is the medical assistance program.
5The rules shall also require the health care facility to
6request information from a resident or resident’s personal
7representative regarding the resident’s veteran status and to
8report to the Iowa department of veterans affairs only the
9names of residents identified as potential veterans along with
10the names of their spouses and any dependents. Information
11reported by the health care facility shall be verified by the
12Iowa department of veterans affairs. This section shall not
13apply to the admission of an individual to a state mental
14health institute for acute psychiatric care or to the admission
15of an individual to the Iowa veterans home.
16 Sec. 1892. Section 135C.31A, subsection 2, paragraph b,
17Code 2023, is amended to read as follows:
18b. The department of inspections, and appeals, and
19licensing, the department of veterans affairs, and the
20department of human services shall identify any barriers
21to residents in accessing such prescription drug benefits
22and shall assist health care facilities in adjusting their
23procedures for medication administration to comply with this
24subsection.
25 Sec. 1893. Section 135C.33, subsection 7, paragraph a, Code
262023, is amended to read as follows:
27a. The department of inspections, and appeals, and
28licensing, in conjunction with other departments and agencies
29of state government involved with criminal history and
30abuse registry information, shall establish a single contact
31repository for facilities and other providers to have
32electronic access to data to perform background checks for
33purposes of employment, as required of the facilities and other
34providers under this section.
35 Sec. 1894. Section 135C.34, Code 2023, is amended to read
-1118-1as follows:
2135C.34 Medication aide — certification.
3The department of inspections, and appeals, and licensing,
4in cooperation with other appropriate agencies, shall establish
5a procedure to allow a person who is certified as a medication
6aide in another state to become certified in this state upon
7completion and passage of both the certified nurse aide and
8certified medication aide challenge examinations, without
9additional requirements for certification, including but
10not limited to, required employment in this state prior to
11certification. The department shall adopt rules pursuant to
12chapter 17A to administer this section.
13 Sec. 1895. Section 135G.1, subsection 2, Code 2023, is
14amended to read as follows:
152. “Department” means the department of inspections, and
16 appeals, and licensing.
17 Sec. 1896. Section 135G.10, subsection 1, unnumbered
18paragraph 1, Code 2023, is amended to read as follows:
19The department of inspections, and appeals, and licensing
20 and the department of human services shall collaborate
21in establishing standards for licensing of subacute care
22facilities to achieve all of the following objectives:
23 Sec. 1897. Section 135G.10, subsection 3, Code 2023, is
24amended to read as follows:
253. The department of inspections, and appeals, and
26licensing, in consultation with the department of human
27services and affected professional groups, shall adopt and
28enforce rules setting out the standards for a subacute care
29facility and the rights of the residents admitted to a subacute
30care facility. The department of inspections, and appeals, and
31licensing and the department of human services shall coordinate
32the adoption of rules and the enforcement of the rules in order
33to prevent duplication of effort by the departments and of
34requirements of the licensee.
35 Sec. 1898. Section 135G.11, subsection 2, Code 2023, is
-1119-1amended to read as follows:
22. Upon receipt of a complaint made in accordance with
3subsection 1, the department shall make a preliminary review
4of the complaint. Unless the department concludes that the
5complaint is intended to harass a subacute care facility or
6a licensee or is without reasonable basis, it shall within
7twenty working days of receipt of the complaint make or cause
8to be made an on-site inspection of the subacute care facility
9which is the subject of the complaint. The department of
10inspections, and appeals, and licensing may refer to the
11department of human services any complaint received by the
12department of inspections, and appeals, and licensing if the
13complaint applies to rules adopted by the department of human
14services. The complainant shall also be notified of the name,
15address, and telephone number of the designated protection and
16advocacy agency if the alleged violation involves a facility
17with one or more residents with a developmental disability or
18mental illness. In any case, the complainant shall be promptly
19informed of the result of any action taken by the department
20in the matter.
21 Sec. 1899. Section 135H.1, subsection 1, Code 2023, is
22amended to read as follows:
231. “Department” means the department of inspections, and
24 appeals, and licensing.
25 Sec. 1900. Section 135H.10, subsection 1, Code 2023, is
26amended to read as follows:
271. The department of inspections and appeals, in
28consultation with the department of human services and affected
29professional groups, shall adopt and enforce rules setting
30out the standards for a psychiatric medical institution
31for children and the rights of the residents admitted to a
32psychiatric institution. The department of inspections and
33appeals and the department of human services shall coordinate
34the adoption of rules and the enforcement of the rules in order
35to prevent duplication of effort by the departments and of
-1120-1requirements of the licensee.
2 Sec. 1901. Section 135H.12, subsection 1, Code 2023, is
3amended to read as follows:
41. Upon receipt of a complaint made in accordance with
5section 135H.11, the department shall make a preliminary review
6of the complaint. Unless the department concludes that the
7complaint is intended to harass a psychiatric institution or a
8licensee or is without reasonable basis, it shall within twenty
9working days of receipt of the complaint make or cause to be
10made an on-site inspection of the psychiatric institution which
11is the subject of the complaint. The department of inspections
12and appeals may refer to the department of human services any
13complaint received by the department if the complaint applies
14to rules adopted by the department of human services. The
15complainant shall also be notified of the name, address, and
16telephone number of the designated protection and advocacy
17agency if the alleged violation involves a facility with one
18or more residents with developmental disabilities or mental
19illness. In any case, the complainant shall be promptly
20informed of the result of any action taken by the department
21in the matter.
22 Sec. 1902. Section 135J.1, subsection 3, Code 2023, is
23amended to read as follows:
243. “Department” means the department of inspections, and
25 appeals, and licensing.
26 Sec. 1903. Section 135J.2, subsection 2, Code 2023, is
27amended to read as follows:
282. The hospice program shall meet the criteria pursuant
29to section 135J.3 before a license is issued. The department
30of inspections and appeals is responsible to provide the
31necessary personnel to inspect the hospice program, the home
32care and inpatient care provided and the hospital or facility
33used by the hospice to determine if the hospice complies with
34necessary standards before a license is issued. Hospices that
35are certified as Medicare hospice providers by the department
-1121-1of inspections and appeals or are accredited as hospices by
2the joint commission on the accreditation of health care
3organizations, shall be licensed without inspection by the
4department of inspections and appeals.
5 Sec. 1904. Section 135J.4, Code 2023, is amended to read as
6follows:
7135J.4 Inspection.
8The department of inspections and appeals shall make or be
9responsible for inspections of the hospice program, the home
10care and the inpatient care provided in the hospice program,
11and the hospital or facility before a license is issued. The
12department of inspections and appeals shall inspect the hospice
13program periodically after initial inspection.
14 Sec. 1905. Section 135O.1, subsections 1 and 2, Code 2023,
15are amended to read as follows:
161. “Boarding home” means a premises used by its owner
17or lessee for the purpose of letting rooms for rental to
18three or more persons not related within the third degree of
19consanguinity to the owner or lessee where supervision or
20assistance with activities of daily living is provided to such
21persons. A boarding home does not include a facility, home,
22or program otherwise subject to licensure or regulation by the
23department of health and human services, or the department of
24inspections and appeals, or department of public health.
252. “Department” means the department of inspections, and
26 appeals, and licensing.
27 Sec. 1906. Section 135O.2, subsection 2, Code 2023, is
28amended to read as follows:
292. The department of inspections and appeals shall adopt
30rules to administer this chapter in consultation with the
31departments of human services and public safety.
32 Sec. 1907. Section 135O.3, subsection 2, paragraph a, Code
332023, is amended to read as follows:
34a. The interagency approach may involve a multidisciplinary
35team consisting of employees of the department of inspections
-1122-1and appeals, the department of human services, the state fire
2marshal, and the division of criminal investigation of the
3department of public safety, or other local, state, and federal
4agencies.
5 Sec. 1908. Section 135O.3, subsection 4, Code 2023, is
6amended to read as follows:
74. If the department or a multidisciplinary team has
8probable cause to believe that a boarding home is in violation
9of this chapter or licensing or other regulatory requirements
10of the department of human services, department of inspections
11and appeals, or department of public health, or that dependent
12adult abuse of any individual living in a boarding home
13has occurred, and upon producing proper identification, is
14denied entry to the boarding home or access to any individual
15living in the boarding home for the purpose of making an
16inspection or conducting an investigation, the department or
17multidisciplinary team may, with the assistance of the county
18attorney of the county in which the boarding home is located,
19apply to the district court for an order requiring the owner or
20lessee to permit entry to the boarding home and access to the
21individuals living in the boarding home.
22 Sec. 1909. Section 135Q.1, subsection 1, Code 2023, is
23amended to read as follows:
241. “Department” means the department of inspections, and
25 appeals, and licensing.
26 Sec. 1910. Section 137C.2, subsections 2 and 3, Code 2023,
27are amended to read as follows:
282. “Director” means the director of the department of
29inspections, and appeals, and licensing or the director’s
30designee.
313. “Department” means the department of inspections, and
32 appeals, and licensing.
33 Sec. 1911. Section 137D.1, subsection 1, Code 2023, is
34amended to read as follows:
351. “Department” means the department of inspections, and
-1123-1 appeals, and licensing.
2 Sec. 1912. Section 137F.1, subsections 4 and 5, Code 2023,
3are amended to read as follows:
44. “Department” means the department of inspections, and
5 appeals, and licensing.
65. “Director” means the director of the department of
7inspections, and appeals, and licensing.
8 Sec. 1913. Section 137F.3A, Code 2023, is amended to read
9as follows:
10137F.3A Municipal corporation inspections — contingent
11appropriation.
121. a. The department of inspections and appeals may employ
13additional full-time equivalent positions to enforce the
14provisions of this chapter and chapters 137C and 137D, with
15the approval of the department of management, if either of the
16following apply:
17(1) A municipal corporation operating pursuant to a chapter
1828E agreement with the department of inspections and appeals
19 to enforce the chapters either fails to renew the agreement
20effective after April 1, 2007, or discontinues, after April
211, 2007, enforcement activities in one or more jurisdictions
22during the agreement time frame.
23(2) The department of inspections and appeals cancels an
24agreement after April 1, 2007, due to noncompliance with the
25terms of the agreement.
26b. Before approval may be given, the director of the
27department of management must have determined that the expenses
28exceed the funds budgeted by the general assembly for food
29inspections to the department of inspections and appeals. The
30department of inspections and appeals may hire no more than one
31full-time equivalent position for each six hundred inspections
32required pursuant to this chapter and chapters 137C and 137D.
332. Notwithstanding chapter 137D, and sections 137C.9 and
34137F.6, if the conditions described in this section are met,
35fees imposed pursuant to that chapter and those sections
-1124-1shall be retained by and are appropriated to the department
2of inspections and appeals each fiscal year to provide for
3salaries, support, maintenance, and miscellaneous purposes
4associated with the additional inspections. The appropriation
5made in this subsection is not applicable in a fiscal year for
6which the general assembly enacts an appropriation made for the
7purposes described in this subsection.
8 Sec. 1914. Section 147.77, subsection 1, paragraph g,
9unnumbered paragraph 1, Code 2023, is amended to read as
10follows:
11The department of inspections, and appeals, and licensing,
12with respect to rules relating to the following:
13 Sec. 1915. Section 147.77, subsection 1, paragraph g, Code
142023, is amended by adding the following new subparagraphs:
15 NEW SUBPARAGRAPH. (6) For applications for a license to
16practice asbestos removal, that except as noted in rule, only
17worker and contractor/supervisor license applicants must submit
18the respiratory protection and physician’s certification forms.
19 NEW SUBPARAGRAPH. (7) For documentation held by persons
20licensed for asbestos abatement in an area that is subject to
21a disaster emergency proclamation, that the director of the
22department of inspections, appeals, and licensing deems an
23individual contractor, supervisor, or worker to be licensed
24and authorized for asbestos abatement if the individual, in
25addition to other specified conditions, makes immediately
26available on the work site a copy of a physician’s statement
27indicating that, consistent with federal law, a licensed
28physician has examined the individual within the past twelve
29months and approved the individual to work while wearing a
30respirator.
31 NEW SUBPARAGRAPH. (8) That the contents of an application
32for an event license for a covered athletic event other than a
33professional wrestling event shall contain, along with other
34requirements, a copy of the medical license of the ringside
35physician and the date, time, and location of the ringside
-1125-1physician’s examination of the contestants.
2 NEW SUBPARAGRAPH. (9) For the responsibilities of the
3promoter of an athletic event, that the promoter submit test
4results to the ringside physician no later than at the time of
5the physical showing that each contestant scheduled for the
6event tested negative for the human immunodeficiency, hepatitis
7B, and hepatitis C viruses within the one-year period prior to
8the event, and that the contestant shall not participate and
9the physician shall notify the promoter that the contestant is
10prohibited from participating for medical reasons if specified
11circumstances occur.
12 NEW SUBPARAGRAPH. (10) For injuries during a professional
13boxing match, that if a contestant claims to be injured during
14the bout, the referee shall stop the bout and request the
15attending physician to make an examination. If the physician
16decides that the contestant has been injured as the result of a
17foul, the physician shall advise the referee of the injury. If
18the physician is of the opinion that the injured contestant may
19be able to continue, the physician shall order an intermission,
20after which the physician shall make another examination and
21again advise the referee of the injured contestant’s condition.
22It shall be the duty of the promoter to have an approved
23physician in attendance during the entire duration of all
24bouts.
25 NEW SUBPARAGRAPH. (11) For persons allowed in a ring during
26a professional boxing match, that no person other than the
27contestants and the referee shall enter the ring during the
28bout, excepting the seconds between the rounds or the attending
29physician if asked by the referee to examine an injury to a
30contestant.
31 NEW SUBPARAGRAPH. (12) For the weighing of contestants in
32a professional boxing match, that contestants shall be weighed
33and examined on the day of the scheduled match by the attending
34ring physician at a time and place to be determined by the
35state commissioner of athletics.
-1126-1 NEW SUBPARAGRAPH. (13) For attending ring physicians
2during a professional boxing match, that when a boxer has been
3injured seriously, knocked out, or technically knocked out, the
4referee shall immediately summon the attending ring physician
5to aid the stricken boxer, and that managers, handlers, and
6seconds shall not attend to the stricken boxer, except at the
7request of the physician.
8 NEW SUBPARAGRAPH. (14) For the keeping of time during a
9professional boxing match, that the timekeeper shall keep an
10exact record of time taken out at the request of a referee for
11an examination of a contestant by the physician.
12 NEW SUBPARAGRAPH. (15) For the suspension of contestants
13during a professional boxing match that is an elimination
14tournament, that a contestant who for specified reasons is not
15permitted to box in the state for a period of time shall be
16examined by a physician approved by the state commissioner of
17athletics before being permitted to fight again.
18 NEW SUBPARAGRAPH. (16) For the designation of officials for
19professional kickboxing, that the designation of physicians is
20subject to the approval of the state commissioner of athletics
21or designee.
22 NEW SUBPARAGRAPH. (17) For officials for a mixed martial
23arts event, that officials shall include a physician.
24 NEW SUBPARAGRAPH. (18) For the keeping of time for a mixed
25martial arts event, that the timekeeper shall keep an exact
26record of time taken out at the request of a referee for an
27examination of a contestant by the physician.
28 NEW SUBPARAGRAPH. (19) For persons allowed in the cage
29during a mixed martial arts event, that a physician may enter
30the cage to examine a contestant upon the request of the
31referee.
32 NEW SUBPARAGRAPH. (20) For the decorum of persons involved
33in a mixed martial arts event, that a contestant is exempt
34from prohibitions on specified conduct while interacting with
35the contestant’s opponent during a round, but if the round
-1127-1is stopped by the physician or referee for a time out, the
2prohibitions shall apply to the contestant.
3 NEW SUBPARAGRAPH. (21) For the examination of contestants
4in a mixed martial arts event, that on the day of the event,
5at a time and place to be approved by the state commissioner
6of athletics, the ringside physician shall conduct a rigorous
7physical examination to determine the contestant’s fitness
8to participate in a mixed martial arts match, and that
9a contestant deemed not fit by the physician shall not
10participate in the event.
11 NEW SUBPARAGRAPH. (22) For injuries during a mixed martial
12arts event, that if a contestant claims to be injured or
13when a contestant has been injured seriously or knocked out,
14the referee shall immediately stop the fight and summon the
15attending ring physician to make an examination of the stricken
16fighter. If the physician decides that the contestant has
17been injured, the physician shall advise the referee of the
18severity of the injury. If the physician is of the opinion the
19injured contestant may be able to continue, the physician shall
20order an intermission, after which the physician shall make
21another examination and again advise the referee of the injured
22contestant’s condition. Managers, handlers, and seconds shall
23not attend to the stricken fighter, except at the request of
24the physician.
25 Sec. 1916. Section 147.77, subsection 1, paragraph p,
26unnumbered paragraph 1, Code 2023, is amended to read as
27follows:
28The labor services division of the department of workforce
29development inspections, appeals, and licensing, with respect
30to rules relating to the following:
31 Sec. 1917. Section 147.77, subsection 1, paragraph p,
32subparagraphs (3) through (19), Code 2023, are amended by
33striking the subparagraphs.
34 Sec. 1918. Section 147.87, Code 2023, is amended to read as
35follows:
-1128- 1147.87 Enforcement.
2A board shall enforce the provisions of this chapter and the
3board’s enabling statute and for that purpose may request the
4department of inspections, and appeals, and licensing to make
5necessary investigations. Every licensee and member of a board
6shall furnish the board or the department of inspections, and
7 appeals, and licensing such evidence as the member or licensee
8may have relative to any alleged violation which is being
9investigated.
10 Sec. 1919. Section 147.88, Code 2023, is amended to read as
11follows:
12147.88 Inspections and investigations.
13The department of inspections, and appeals, and licensing
14 may perform inspections and investigations as required by this
15subtitle, except inspections and investigations for the board
16of medicine, board of pharmacy, board of nursing, and the
17dental board. The department of inspections, and appeals, and
18licensing shall employ personnel related to the inspection and
19investigative functions.
20 Sec. 1920. Section 155A.13, subsection 4, paragraph b, Code
212023, is amended to read as follows:
22b. To the maximum extent possible, the board shall
23coordinate the rules with the standards and conditions
24described in paragraph “a”, subparagraph (4), and shall
25coordinate its inspections of hospital pharmacies with the
26Medicare surveys of the department of inspections, and appeals,
27and licensing and with the board’s inspections with respect to
28controlled substances conducted under contract with the federal
29government.
30 Sec. 1921. Section 155A.15, subsection 2, paragraph d,
31subparagraph (5), Code 2023, is amended to read as follows:
32(5) A licensed health care facility which is furnished
33the drug or device by a pharmacy for storage in secured
34emergency pharmaceutical supplies containers maintained within
35the facility in accordance with rules of the department of
-1129-1inspections, and appeals, and licensing and rules of the board.
2 Sec. 1922. Section 169.14, subsection 1, Code 2023, is
3amended to read as follows:
41. The board, upon its own motion or upon a verified
5complaint in writing, may request the department of
6inspections, and appeals, and licensing to conduct an
7investigation of the charges contained in the complaint. The
8department of inspections, and appeals, and licensing shall
9report its findings to the board, and the board may issue an
10order fixing the time and place for hearing if a hearing is
11deemed warranted. A written notice of the time and place of
12the hearing, together with a statement of the charges, shall
13be served upon the licensee at least ten days before the
14hearing in the manner required for the service of notice of the
15commencement of an ordinary action.
16 Sec. 1923. Section 190B.102, subsection 3, Code 2023, is
17amended to read as follows:
183. The department of agriculture and land stewardship, the
19department of public health, the department of human services,
20and the department of inspections, and appeals, and licensing
21 shall cooperate with the department of revenue to administer
22this subchapter.
23 Sec. 1924. Section 217.34, Code 2023, is amended to read as
24follows:
25217.34 Debt setoff.
26The investigations division of the department of
27inspections, and appeals, and licensing and the department of
28human services shall provide assistance to set off against a
29person’s or provider’s income tax refund or rebate any debt
30which has accrued through written contract, nonpayment of
31premiums pursuant to section 249A.3, subsection 2, paragraph
32“a”, subparagraph (1), subrogation, departmental recoupment
33procedures, or court judgment and which is in the form of a
34liquidated sum due and owing the department of human services.
35The department of inspections, and appeals, and licensing,
-1130-1with approval of the department of human services, shall adopt
2rules under chapter 17A necessary to assist the department of
3administrative services in the implementation of the setoff
4under section 8A.504 in regard to money owed to the state for
5public assistance overpayments or nonpayment of premiums as
6specified in this section. The department of human services
7shall adopt rules under chapter 17A necessary to assist the
8department of administrative services in the implementation of
9the setoff under section 8A.504, in regard to collections by
10the child support recovery unit and the foster care recovery
11unit.
12 Sec. 1925. Section 217.35, unnumbered paragraph 1, Code
132023, is amended to read as follows:
14Notwithstanding the requirement for deposit of recovered
15moneys under section 239B.14, recovered moneys generated
16through fraud and recoupment activities are appropriated to
17the department of human services to be used for additional
18fraud and recoupment activities performed by the department of
19human services or the department of inspections, and appeals,
20and licensing. The department of human services may use
21the recovered moneys appropriated to add not more than five
22full-time equivalent positions, in addition to those funded
23by annual appropriations. The appropriation of the recovered
24moneys is subject to both of the following conditions:
25 Sec. 1926. Section 225C.4, subsection 1, paragraphs t and u,
26Code 2023, are amended to read as follows:
27t. In cooperation with the department of inspections, and
28 appeals, and licensing, recommend minimum standards under
29section 227.4 for the care of and services to persons with
30mental illness or an intellectual disability residing in county
31care facilities. The administrator shall also cooperate with
32the department of inspections, and appeals, and licensing
33 in recommending minimum standards for care of and services
34provided to persons with mental illness or an intellectual
35disability living in a residential care facility regulated
-1131-1under chapter 135C.
2u. In cooperation with the Iowa department of public health,
3recommend minimum standards for the maintenance and operation
4of public or private facilities offering disability services,
5which are not subject to licensure by the department or the
6department of inspections, and appeals, and licensing.
7 Sec. 1927. Section 225C.6, subsection 1, paragraph e, Code
82023, is amended to read as follows:
9e. Unless another governmental body sets standards for a
10service available to persons with disabilities, adopt state
11standards for that service. The commission shall review the
12licensing standards used by the department of human services or
13department of inspections, and appeals, and licensing for those
14facilities providing disability services.
15 Sec. 1928. Section 225C.6, subsection 4, paragraph a, Code
162023, is amended to read as follows:
17a. The department shall coordinate with the department of
18inspections, and appeals, and licensing in the establishment
19of facility-based and community-based, subacute mental health
20services.
21 Sec. 1929. Section 227.4, Code 2023, is amended to read as
22follows:
23227.4 Standards for care of persons with mental illness or an
24intellectual disability in county care facilities.
25The administrator, in cooperation with the department of
26inspections, and appeals, and licensing, shall recommend
27and the mental health and disability services commission
28created in section 225C.5 shall adopt, or amend and adopt,
29standards for the care of and services to persons with mental
30illness or an intellectual disability residing in county care
31facilities. The standards shall be enforced by the department
32of inspections, and appeals, and licensing as a part of the
33licensure inspection conducted pursuant to chapter 135C. The
34objective of the standards is to ensure that persons with
35mental illness or an intellectual disability who are residents
-1132-1of county care facilities are not only adequately fed, clothed,
2and housed, but are also offered reasonable opportunities for
3productive work and recreational activities suited to their
4physical and mental abilities and offering both a constructive
5outlet for their energies and, if possible, therapeutic
6benefit. When recommending standards under this section,
7the administrator shall designate an advisory committee
8representing administrators of county care facilities, regional
9administrators, mental health and disability services region
10governing boards, and county care facility certified volunteer
11long-term care ombudsmen to assist in the establishment of
12standards.
13 Sec. 1930. Section 231.42, subsections 4 and 10, Code 2023,
14are amended to read as follows:
154. Referrals of abuse, neglect, or exploitation.
16a. If abuse, neglect, or exploitation of a resident or
17tenant is suspected, the state or a local long-term care
18ombudsman shall, with the permission of the resident or tenant
19as applicable under federal law, make an immediate referral to
20the department of inspections, and appeals, and licensing, the
21department of human services, the department on aging, or the
22appropriate law enforcement agency, as applicable.
23b. If the department of inspections, and appeals, and
24licensing responds to a complaint referred by the state or
25a local long-term care ombudsman against a long-term care
26facility, assisted living program, elder group home, or an
27employee of such entity, copies of related inspection reports,
28plans of correction, and notice of any citations and sanctions
29levied against the facility, program, or home shall be
30forwarded to the office of long-term care ombudsman.
3110. Change in operations. A long-term care facility,
32assisted living program, or elder group home shall inform the
33office of long-term care ombudsman in writing at least thirty
34days prior to any change in operations, programs, services,
35licensure, or certification that affects residents or tenants,
-1133-1including but not limited to the intention to close, decertify,
2or change ownership. In an emergency situation, or when a
3long-term care facility, assisted living program, or elder
4group home is evacuated, the department of inspections, and
5 appeals, and licensing shall notify the office of long-term
6care ombudsman.
7 Sec. 1931. Section 231.58, Code 2023, is amended to read as
8follows:
9231.58 Long-term living coordination.
10The director may convene meetings, as necessary, of the
11director and the directors of human services, public health,
12and inspections, and appeals, and licensing, to assist in
13the coordination of policy, service delivery, and long-range
14planning relating to the long-term living system and older
15Iowans in the state. The group may consult with individuals,
16institutions and entities with expertise in the area of the
17long-term living system and older Iowans, as necessary, to
18facilitate the group’s efforts.
19 Sec. 1932. Section 231B.1, subsection 1, Code 2023, is
20amended to read as follows:
211. “Department” means the department of inspections, and
22 appeals, and licensing or the department’s designee.
23 Sec. 1933. Section 231C.2, subsection 4, Code 2023, is
24amended to read as follows:
254. “Department” means the department of inspections, and
26 appeals, and licensing or the department’s designee.
27 Sec. 1934. Section 231C.5A, Code 2023, is amended to read
28as follows:
29231C.5A Assessment of tenants — program eligibility.
30An assisted living program receiving reimbursement through
31the medical assistance program under chapter 249A shall
32assist the department of veterans affairs in identifying, upon
33admission of a tenant, the tenant’s eligibility for benefits
34through the United States department of veterans affairs. The
35assisted living program shall also assist the commission of
-1134-1veterans affairs in determining such eligibility for tenants
2residing in the program on July 1, 2009. The department
3of inspections, and appeals, and licensing, in cooperation
4with the department of human services, shall adopt rules to
5administer this section, including a provision that ensures
6that if a tenant is eligible for benefits through the United
7States department of veterans affairs or other third-party
8payor, the payor of last resort for reimbursement to the
9assisted living program is the medical assistance program.
10The rules shall also require the assisted living program
11to request information from a tenant or tenant’s personal
12representative regarding the tenant’s veteran status and to
13report to the department of veterans affairs only the names of
14tenants identified as potential veterans along with the names
15of their spouses and any dependents. Information reported by
16the assisted living program shall be verified by the department
17of veterans affairs.
18 Sec. 1935. Section 231D.1, subsection 3, Code 2023, is
19amended to read as follows:
203. “Department” means the department of inspections, and
21 appeals, and licensing.
22 Sec. 1936. Section 232.142, subsection 5, Code 2023, is
23amended to read as follows:
245. The director, the director of the department of human
25rights, or a designee of the director of the department of
26human rights shall approve annually all such homes established
27and maintained under the provisions of this chapter. A home
28shall not be approved unless it complies with minimal rules and
29standards adopted by the director and has been inspected by the
30department of inspections, and appeals, and licensing. The
31statewide number of beds in the homes approved by the director
32shall not exceed two hundred seventy-two beds beginning July 1,
332017. This subsection is repealed July 1, 2023.
34 Sec. 1937. Section 234.12, subsection 3, Code 2023, is
35amended to read as follows:
-1135- 13. Upon request by the department of human services, the
2department of inspections, and appeals, and licensing shall
3conduct investigations into possible fraudulent practices,
4as described in section 234.13, relating to food programs
5administered by the department of human services.
6 Sec. 1938. Section 235.5, Code 2023, is amended to read as
7follows:
8235.5 Inspections.
9The department of inspections, and appeals, and licensing
10 shall conduct inspections of private institutions for the care
11of dependent, neglected, and delinquent children in accordance
12with procedures established pursuant to chapters 10A and 17A.
13 Sec. 1939. Section 235A.15, subsection 2, paragraph e,
14subparagraph (17), Code 2023, is amended to read as follows:
15(17) To the department of inspections, and appeals, and
16licensing for purposes of record checks of applicants for
17employment with the department of inspections, and appeals, and
18licensing.
19 Sec. 1940. Section 235A.15, subsection 2, paragraph d,
20subparagraph (7), Code 2023, is amended to read as follows:
21(7) Each licensing board specified under chapter 147 and
22the Iowa department of public health inspections, appeals,
23and licensing for the purpose of licensure, certification or
24registration, disciplinary investigation, or the renewal of
25licensure, certification or registration, or disciplinary
26proceedings of health care professionals.
27 Sec. 1941. Section 235A.16, subsection 2, paragraph b, Code
282023, is amended to read as follows:
29b. The department of inspections, and appeals, and licensing
30 may provide access to the single contact repository established
31under section 135C.33, subsection 7, for criminal and abuse
32history checks made by those employers, agencies, and other
33persons that are authorized access to child abuse information
34under section 235A.15 and are required by law to perform such
35checks.
-1136-1 Sec. 1942. Section 235B.1, subsection 4, paragraph a,
2subparagraph (1), Code 2023, is amended to read as follows:
3(1) Advise the director of human services, the director
4of the department on aging, the director of inspections, and
5 appeals, and licensing, the director of public health, the
6director of the department of corrections, and the director of
7human rights regarding dependent adult abuse.
8 Sec. 1943. Section 235B.1, subsection 4, paragraph b,
9subparagraph (1), Code 2023, is amended to read as follows:
10(1) The advisory council shall consist of twelve members.
11Eight members shall be appointed by and serve at the pleasure
12of the governor. Four of the members appointed shall be
13appointed on the basis of knowledge and skill related to
14expertise in the area of dependent adult abuse including
15professionals practicing in the disciplines of medicine, public
16health, mental health, long-term care, social work, law,
17and law enforcement. Two of the members appointed shall be
18members of the general public with an interest in the area of
19dependent adult abuse and two of the members appointed shall
20be members of the Iowa caregivers association. In addition,
21the membership of the council shall include the director or the
22director’s designee of the department of human services, the
23department on aging, the Iowa department of public health, and
24the department of inspections, and appeals, and licensing.
25 Sec. 1944. Section 235B.3, subsection 1, paragraph a,
26subparagraphs (2), (3), and (4), Code 2023, are amended to read
27as follows:
28(2) However, the department of inspections, and appeals,
29and licensing is solely responsible for the evaluation and
30disposition of dependent adult abuse cases within facilities
31and programs pursuant to chapter 235E and shall inform
32the department of human services of such evaluations and
33dispositions pursuant to section 235E.2.
34(3) If, in the course of an assessment or evaluation
35of a report of dependent adult abuse, the department of
-1137-1human services or the department of inspections and appeals
2 determines the case involves wages, workplace safety, or
3other labor and employment matters under the jurisdiction of
4the department of inspections, appeals, and licensing or the
5 division of labor services of the department of workforce
6development inspections, appeals, and licensing, the relevant
7portions of the case shall be referred to the department
8of inspections, appeals, and licensing or the division, as
9applicable.
10(4) If, in the course of an assessment or evaluation of
11a report of dependent adult abuse, the department of human
12services or the department of inspections, and appeals, and
13licensing determines that the case involves discrimination
14under the jurisdiction of the civil rights commission,
15the relevant portions of the case shall be referred to the
16commission.
17 Sec. 1945. Section 235B.3, subsection 10, paragraph a, Code
182023, is amended to read as follows:
19a. If, upon completion of the evaluation or upon referral
20from the department of inspections, and appeals, and
21licensing, the department determines that the best interests
22of the dependent adult require court action, the department
23shall initiate action for the appointment of a guardian or
24conservator or for admission or commitment to an appropriate
25institution or facility pursuant to the applicable procedures
26under chapter 125, 222, 229, or 633, or shall pursue other
27remedies provided by law. The appropriate county attorney
28shall assist the department in the preparation of the necessary
29papers to initiate the action and shall appear and represent
30the department at all district court proceedings.
31 Sec. 1946. Section 235B.3, subsection 14, Code 2023, is
32amended to read as follows:
3314. The department of inspections, and appeals, and
34licensing shall adopt rules which require facilities or
35programs to separate an alleged dependent adult abuser from a
-1138-1victim following an allegation of perpetration of abuse and
2prior to the completion of an investigation of the allegation.
3 Sec. 1947. Section 235B.5, subsection 5, Code 2023, is
4amended to read as follows:
55. An oral report of suspected dependent adult abuse
6initially made to the central registry regarding a facility or
7program as defined in section 235E.1 shall be transmitted by
8the department to the department of inspections, and appeals,
9and licensing on the first working day following the submitting
10of the report.
11 Sec. 1948. Section 235B.6, subsection 2, paragraph e,
12subparagraph (9), Code 2023, is amended to read as follows:
13(9) The department of inspections, and appeals, and
14licensing for purposes of record checks of applicants for
15employment with the department of inspections, and appeals, and
16licensing.
17 Sec. 1949. Section 235B.7, subsection 2, paragraph b, Code
182023, is amended to read as follows:
19b. The department of inspections, and appeals, and licensing
20 may provide access to the single contact repository established
21under section 135C.33, subsection 7, for criminal and abuse
22history checks made by those employers, agencies, and other
23persons that are authorized access to dependent adult abuse
24information under section 235B.6 and are required by law to
25perform such checks.
26 Sec. 1950. Section 235B.16, subsections 2 and 4, Code 2023,
27are amended to read as follows:
282. The department, in cooperation with the department
29on aging and the department of inspections, and appeals, and
30licensing, shall institute a program of education and training
31for persons, including members of provider groups and family
32members, who may come in contact with dependent adult abuse.
33The program shall include but is not limited to instruction
34regarding recognition of dependent adult abuse and the
35procedure for the reporting of suspected abuse.
-1139- 14. The department of inspections, and appeals, and
2licensing shall provide training to investigators regarding
3the collection and preservation of evidence in the case of
4suspected dependent adult abuse.
5 Sec. 1951. Section 235B.16A, subsection 4, Code 2023, is
6amended to read as follows:
74. The department of human services shall cooperate with
8the department on aging, the departments of inspections, and
9 appeals, and licensing, public health, public safety, and
10workforce development, the civil rights commission, and other
11state and local agencies performing inspections or otherwise
12visiting residential settings where dependent adults live,
13to regularly provide training to the appropriate staff in
14the agencies concerning each agency’s procedures involving
15dependent adults, and to build awareness concerning dependent
16adults and reporting of dependent adult abuse.
17 Sec. 1952. Section 235E.1, subsection 3, Code 2023, is
18amended to read as follows:
193. “Department” means the department of inspections, and
20 appeals, and licensing.
21 Sec. 1953. Section 235E.2, subsection 5, Code 2023, is
22amended to read as follows:
235. Any other person who believes that a dependent adult
24has suffered dependent adult abuse may report the suspected
25dependent adult abuse to the department of inspections, and
26 appeals, and licensing. The department of inspections, and
27 appeals, and licensing shall transfer any reports received
28of dependent adult abuse in the community to the department
29of human services. The department of human services shall
30transfer any reports received of dependent adult abuse in
31facilities or programs to the department of inspections, and
32 appeals, and licensing.
33 Sec. 1954. Section 235F.6, subsection 4, Code 2023, is
34amended to read as follows:
354. The court may approve a consent agreement between the
-1140-1parties entered into to bring about the cessation of elder
2abuse. A consent agreement approved under this section shall
3not contain any of the following:
4a. A provision that prohibits any party to the action
5from contacting or cooperating with any government agency
6including the department of human services, the department of
7inspections, and appeals, and licensing, the department on
8aging, the department of justice, law enforcement, and the
9office of long-term care ombudsman; a licensing or regulatory
10agency that has jurisdiction over any license or certification
11held by the defendant; a protection and advocacy agency
12recognized in section 135C.2; or the defendant’s current
13employer if the defendant’s professional responsibilities
14include contact with vulnerable elders, dependent adults, or
15minors, if the party contacting or cooperating has a good-faith
16belief that the information is relevant to the duties or
17responsibilities of the entity.
18b. A provision that prohibits any party to the action
19from filing a complaint with or reporting a violation of law
20to any government agency including the department of human
21services, the department of inspections, and appeals, and
22licensing, the department on aging, the department of justice,
23law enforcement, and the office of long-term care ombudsman; a
24licensing or regulatory agency that has jurisdiction over any
25license or certification held by the defendant; a protection
26and advocacy agency recognized in section 135C.2; or the
27defendant’s current employer.
28c. A provision that requires any party to the action
29to withdraw a complaint filed with or a violation reported
30to any government agency including the department of human
31services, the department of inspections, and appeals, and
32licensing, the department on aging, the department of justice,
33law enforcement, and the office of long-term care ombudsman; a
34licensing or regulatory agency that has jurisdiction over any
35license or certification held by the defendant; a protection
-1141-1and advocacy agency recognized in section 135C.2; or the
2defendant’s current employer.
3 Sec. 1955. Section 237.7, Code 2023, is amended to read as
4follows:
5237.7 Reports and inspections.
6The administrator may require submission of reports by a
7licensee, and shall cause at least one annual unannounced
8inspection of each facility to assess the quality of the
9living situation and to determine compliance with applicable
10requirements and standards. The inspections shall be conducted
11by the department of inspections, and appeals, and licensing.
12The director of the department of inspections, and appeals, and
13licensing may examine records of a licensee, including but not
14limited to corporate records and board minutes, and may inquire
15into matters concerning a licensee and its employees relating
16to requirements and standards for child foster care under this
17chapter.
18 Sec. 1956. Section 237A.1, subsection 3, paragraph d, Code
192023, is amended to read as follows:
20d. A child care center for sick children operated as part
21of a pediatrics unit in a hospital licensed by the department
22of inspections, and appeals, and licensing pursuant to chapter
23135B.
24 Sec. 1957. Section 237A.8, Code 2023, is amended to read as
25follows:
26237A.8 Violations — actions against license or registration.
27The administrator, after notice and opportunity for an
28evidentiary hearing before the department of inspections, and
29 appeals, and licensing, may suspend or revoke a license or
30certificate of registration issued under this chapter or may
31reduce a license to a provisional license if the person to whom
32a license or certificate is issued violates a provision of this
33chapter or if the person makes false reports regarding the
34operation of the child care facility to the administrator or a
35designee of the administrator. The administrator shall notify
-1142-1the parent, guardian, or legal custodian of each child for whom
2the person provides child care at the time of action to suspend
3or revoke a license or certificate of registration.
4 Sec. 1958. Section 237A.29, subsection 2, paragraph b,
5unnumbered paragraph 1, Code 2023, is amended to read as
6follows:
7A child care provider that has been found by the department
8of inspections, and appeals, and licensing in an administrative
9proceeding or in a judicial proceeding to have obtained, or has
10agreed to entry of a civil judgment or judgment by confession
11that includes a conclusion of law that the child care provider
12has obtained, by fraudulent means, public funding for provision
13of child care in an amount equal to or in excess of the minimum
14amount for a fraudulent practice in the second degree under
15section 714.10, subsection 1, paragraph “a”, shall be subject
16to sanction in accordance with this subsection. Such child
17care provider shall be subject to a period during which receipt
18of public funding for provision of child care is conditioned
19upon no further violations and to one or more of the following
20sanctions as determined by the department of human services:
21 Sec. 1959. Section 237C.3, subsection 1, Code 2023, is
22amended to read as follows:
231. The department of human services shall consult with
24the department of education, the department of inspections,
25 and appeals, and licensing, the department of public health,
26the state fire marshal, and other agencies as determined by
27the department of human services to establish certification
28standards for children’s residential facilities in accordance
29with this chapter.
30 Sec. 1960. Section 237C.8, Code 2023, is amended to read as
31follows:
32237C.8 Reports and inspections.
33The administrator may require submission of reports by a
34certificate of approval holder and shall cause at least one
35annual unannounced inspection of a children’s residential
-1143-1facility to assess compliance with applicable requirements
2and standards. The inspections shall be conducted by the
3department of inspections, and appeals, and licensing in
4addition to initial, renewal, and other inspections that result
5from complaints or self-reported incidents. The department of
6inspections, and appeals, and licensing and the department of
7human services may examine records of a children’s residential
8facility and may inquire into matters concerning the children’s
9residential facility and its employees, volunteers, and
10subcontractors relating to requirements and standards for
11children’s residential facilities under this chapter.
12 Sec. 1961. Section 238.19, Code 2023, is amended to read as
13follows:
14238.19 Inspection generally.
15Authorized employees of the department of inspections, and
16 appeals, and licensing may inspect the premises and conditions
17of the agency at any time and examine every part of the agency;
18and may inquire into all matters concerning the agency and the
19children in the care of the agency.
20 Sec. 1962. Section 238.20, Code 2023, is amended to read as
21follows:
22238.20 Minimum inspection — record.
23Authorized employees of the department of inspections, and
24 appeals, and licensing shall visit and inspect the premises
25of licensed child-placing agencies at least once every twelve
26months and make and preserve written reports of the conditions
27found.
28 Sec. 1963. Section 239B.16, Code 2023, is amended to read
29as follows:
30239B.16 Appeal — judicial review.
31If an applicant’s application is not acted upon within a
32reasonable time, if it is denied in whole or in part, or if a
33participant’s assistance or other benefits under this chapter
34are modified, suspended, or canceled under a provision of
35this chapter, the applicant or participant may appeal to the
-1144-1department of human services which shall request the department
2of inspections, and appeals, and licensing to conduct a
3hearing. Upon completion of a hearing, the department of
4inspections, and appeals, and licensing shall issue a decision
5which is subject to review by the department of human services.
6Judicial review of the actions of the department of human
7services may be sought in accordance with chapter 17A. Upon
8receipt of a notice of the filing of a petition for judicial
9review, the department of human services shall furnish the
10petitioner with a copy of any papers filed in support of the
11petitioner’s position, a transcript of any testimony taken, and
12a copy of the department’s decision.
13 Sec. 1964. Section 249.5, Code 2023, is amended to read as
14follows:
15249.5 Judicial review.
16If an application is not acted upon within a reasonable
17time, if it is denied in whole or in part, or if an award
18of assistance is modified, suspended, or canceled under a
19provision of this chapter, the applicant or recipient may
20appeal to the department of human services, which shall request
21the department of inspections, and appeals, and licensing
22 to conduct a hearing. Upon completion of a hearing, the
23department of inspections, and appeals, and licensing shall
24issue a decision which is subject to review by the department
25of human services. Judicial review of the actions of the
26department of human services may be sought in accordance with
27chapter 17A. Upon receipt of the petition for judicial review,
28the department of human services shall furnish the petitioner
29with a copy of any papers filed by the petitioner in support of
30the petitioner’s position, a transcript of any testimony taken,
31and a copy of the department’s decision.
32 Sec. 1965. Section 249.11, subsection 2, Code 2023, is
33amended to read as follows:
342. The department of inspections, and appeals, and
35licensing shall conduct investigations and audits as deemed
-1145-1necessary to ensure compliance with state supplementary
2assistance programs administered under this chapter. The
3department of inspections, and appeals, and licensing shall
4cooperate with the department of human services on the
5development of procedures relating to such investigations and
6audits to ensure compliance with federal and state single state
7agency requirements.
8 Sec. 1966. Section 249A.4, subsection 11, Code 2023, is
9amended to read as follows:
1011. Shall provide an opportunity for a fair hearing before
11the department of inspections, and appeals, and licensing
12 to an individual whose claim for medical assistance under
13this chapter is denied or is not acted upon with reasonable
14promptness. Upon completion of a hearing, the department of
15inspections, and appeals, and licensing shall issue a decision
16which is subject to review by the department of human services.
17Judicial review of the decisions of the department of human
18services may be sought in accordance with chapter 17A. If
19a petition for judicial review is filed, the department of
20human services shall furnish the petitioner with a copy of
21the application and all supporting papers, a transcript of
22the testimony taken at the hearing, if any, and a copy of its
23decision.
24 Sec. 1967. Section 249A.50, subsection 2, Code 2023, is
25amended to read as follows:
262. The department of inspections, and appeals, and
27licensing shall conduct investigations and audits as deemed
28necessary to ensure compliance with the medical assistance
29program administered under this chapter. The department
30of inspections, and appeals, and licensing shall cooperate
31with the department of human services on the development of
32procedures relating to such investigations and audits to
33ensure compliance with federal and state single state agency
34requirements.
35 Sec. 1968. Section 249A.50, subsection 3, paragraph a, Code
-1146-12023, is amended to read as follows:
2a. A Medicaid fraud fund is created in the state treasury
3under the authority of the department of inspections, and
4 appeals, and licensing. Moneys from penalties, investigative
5costs recouped by the Medicaid fraud control unit, and other
6amounts received as a result of prosecutions involving
7the department of inspections, and appeals, and licensing
8 investigations and audits to ensure compliance with the medical
9assistance program that are not credited to the program shall
10be credited to the fund.
11 Sec. 1969. Section 321.11, subsections 3 and 4, Code 2023,
12are amended to read as follows:
133. Notwithstanding other provisions of this section to the
14contrary, the department shall not release personal information
15to a person, other than to an officer or employee of a law
16enforcement agency, an employee of a federal or state agency
17or political subdivision in the performance of the employee’s
18official duties, a contract employee of the department of
19inspections, and appeals, and licensing in the conduct of an
20investigation, or a licensed private investigation agency
21or a licensed security service or a licensed employee of
22either, if the information is requested by the presentation
23of a registration plate number. In addition, an officer or
24employee of a law enforcement agency may release the name,
25address, and telephone number of a motor vehicle registrant to
26a person requesting the information by the presentation of a
27registration plate number if the officer or employee of the law
28enforcement agency believes that the release of the information
29is necessary in the performance of the officer’s or employee’s
30duties.
314. The department shall not release personal information
32that is in the form of a person’s photograph or digital
33image or a digital reproduction of a person’s photograph to a
34person other than an officer or employee of a law enforcement
35agency, an employee of a federal or state agency or political
-1147-1subdivision in the performance of the employee’s official
2duties, a contract employee of the department of inspections,
3 and appeals, and licensing in the conduct of an investigation,
4or a licensed private investigation agency or a licensed
5security service or a licensed employee of either, regardless
6of whether a person has provided express written consent to
7disclosure of the information. The department may collect
8reasonable fees for copies of records or other services
9provided pursuant to this section or section 22.3, 321.10, or
10622.46.
11 Sec. 1970. 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, the
16department of inspections, and appeals, and licensing, 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. 1971. Section 321.211, subsection 1, Code 2023, is
21amended to read as follows:
221. Upon suspending the license of a person as authorized,
23the department shall immediately notify the licensee in writing
24and upon the licensee’s request shall afford the licensee an
25opportunity for a hearing before the department of inspections,
26 and appeals, and licensing as early as practical within
27thirty days after receipt of the request. The hearing shall
28be held by telephone conference unless the licensee and the
29department of inspections, and appeals, and licensing agree to
30hold the hearing in the county in which the licensee resides
31or in some other county. Upon the hearing the department of
32inspections, and appeals, and licensing may administer oaths
33and issue subpoenas for the attendance of witnesses and the
34production of relevant books and papers and may require a
35reexamination of the licensee. Upon the hearing and issuance
-1148-1of a recommendation by the department of inspections, and
2 appeals, and licensing, the state department of transportation
3shall either rescind its order of suspension or for good cause
4may extend the suspension of the license or revoke the license.
5This section does not preclude the director from attempting to
6effect an informal settlement under chapter 17A.
7 Sec. 1972. Section 322.9, subsection 1, Code 2023, is
8amended to read as follows:
91. The department may revoke or suspend the license of a
10retail motor vehicle dealer if, after notice and hearing by the
11department of inspections, and appeals, and licensing, it finds
12that the licensee has been guilty of an act which would be a
13ground for the denial of a license under section 322.6.
14 Sec. 1973. Section 322.9, subsection 2, unnumbered
15paragraph 1, Code 2023, is amended to read as follows:
16The department may revoke or suspend the license of a retail
17motor vehicle dealer if, after notice and hearing by the
18department of inspections, and appeals, and licensing, it finds
19that the licensee has been convicted or has forfeited bail on
20three charges of:
21 Sec. 1974. Section 322.24, subsection 1, Code 2023, is
22amended to read as follows:
231. The state department of transportation and the
24department of inspections, and appeals, and licensing may
25issue subpoenas to compel the attendance of witnesses and the
26production of documents, papers, books, records, and other
27evidence in any matter over which the respective department
28has jurisdiction, control, or supervision pertaining to this
29chapter.
30 Sec. 1975. Section 322A.3A, subsection 4, paragraph b, Code
312023, is amended to read as follows:
32b. After a hearing held as described in this subsection,
33the department of inspections, and appeals, and licensing
34 may affirm, deny, or modify the proposed alteration of a
35franchisee’s community, may enter any other orders necessary
-1149-1to ensure that an alteration of the franchisee’s community is
2reasonable in light of all the relevant circumstances, and
3may assess the costs of the hearing among the parties to the
4hearing as appropriate.
5 Sec. 1976. Section 322A.5, subsection 2, paragraph b,
6subparagraph (3), subparagraph division (b), Code 2023, is
7amended to read as follows:
8(b) Within thirty days of receiving the franchisee’s
9submission, the franchiser may choose to audit the submitted
10orders. The franchiser shall then approve or deny the
11establishment of the franchisee’s average percentage markup
12or labor rate. If the franchiser approves the establishment
13of the franchisee’s average percentage markup or labor rate,
14the markup or rate calculated under this subparagraph shall go
15into effect forty-five days after the date of the franchiser’s
16approval. If the franchiser denies the establishment of the
17franchisee’s average percentage markup or labor rate, the
18franchisee may file a complaint with the department and a
19hearing shall be held before the department of inspections,
20 and appeals, and licensing. The franchiser shall have the
21burden of proof to establish that the franchiser’s denial was
22reasonable. If the department of inspections, and appeals,
23and licensing finds the denial was not reasonable, the denial
24shall be deemed a violation of this chapter and the department
25of inspections, and appeals, and licensing shall determine
26the franchisee’s average percentage markup or labor rate for
27purposes of calculating a reasonable schedule of compensation.
28In making such a determination, the department of inspections,
29 and appeals, and licensing shall not consider retail service
30orders or portions of retail service orders attributable to
31routine maintenance such as tire service or oil service.
32 Sec. 1977. Section 322A.6, subsection 2, Code 2023, is
33amended to read as follows:
342. An applicant seeking permission to enter into a franchise
35for additional representation of the same line-make in a
-1150-1community shall deposit with the department at the time the
2application is filed, an amount of money to be determined by
3the department of inspections, and appeals, and licensing to
4pay the costs of the hearing.
5 Sec. 1978. Section 322A.7, subsection 1, Code 2023, is
6amended to read as follows:
71. Upon receiving an application, the department shall
8notify the department of inspections, and appeals, and
9licensing which shall enter an order fixing a time, which
10shall be within ninety days of the date of the order, and
11place of hearing, and shall send by certified or registered
12mail, with return receipt requested, a copy of the order
13to the franchisee whose franchise the franchiser seeks to
14terminate or not continue, or to the franchiser who is seeking
15to alter a franchisee’s community, as applicable. If the
16application requests permission to establish an additional
17motor vehicle dealership, a copy of the order shall be sent to
18all franchisees in the community who are then engaged in the
19business of offering to sell or selling the same line-make. If
20the application challenges the reasonableness of a proposed
21alteration to a franchisee’s community, a copy of the order
22shall be sent to all franchisees located in Iowa surrounding
23the affected community which are then engaged in the business
24of offering to sell or selling the same line-make. Copies of
25orders shall be addressed to the franchisee at the place where
26the business is conducted. The department of inspections, and
27 appeals, and licensing may also give notice of the franchiser’s
28application to any other parties deemed interested persons, the
29notice to be in the form and substance and given in the manner
30the department of inspections, and appeals, and licensing deems
31appropriate.
32 Sec. 1979. Section 322A.8, Code 2023, is amended to read as
33follows:
34322A.8 Continuation.
35If the department of inspections, and appeals, and licensing
-1151-1 finds it desirable it may upon request continue the date of
2hearing for a period of ninety days, and may upon application,
3but not ex parte, continue the date of hearing for an
4additional period of ninety days.
5 Sec. 1980. Section 322A.9, subsection 2, Code 2023, is
6amended to read as follows:
72. Nothing contained in this chapter shall be construed to
8require or authorize any investigation by the department of any
9matter before the department under this chapter. Upon hearing,
10the department of inspections, and appeals, and licensing shall
11hear the evidence introduced by the parties and shall make its
12decision solely upon the record so made.
13 Sec. 1981. Section 322A.10, Code 2023, is amended to read
14as follows:
15322A.10 Rules of evidence.
161. The rules of civil procedure relating to discovery and
17inspection shall apply to hearings held under the provisions of
18this chapter, and the department of inspections, and appeals,
19and licensing may issue orders to give effect to such rules.
202. In the event issues are raised which would involve
21violations of any state or federal antitrust or price-fixing
22law, all discovery and inspection proceedings which would be
23available under such issues in a state or federal court action
24shall be available to the parties to the hearing, and the
25department of inspections, and appeals, and licensing may issue
26orders to give effect to such proceedings.
273. Evidence which would be admissible under the issues in a
28state or federal court action is admissible in a hearing held
29by the department of inspections, and appeals, and licensing.
30The department of inspections, and appeals, and licensing shall
31apportion all costs between the parties.
32 Sec. 1982. Section 322A.13, Code 2023, is amended to read
33as follows:
34322A.13 Compulsory attendance at hearings.
35The department of inspections, and appeals, and licensing
-1152-1 may issue subpoenas, administer oaths, compel the attendance of
2witnesses and production of books, papers, documents, and all
3other evidence. The department of inspections, and appeals,
4and licensing may apply to the district court of the county
5wherein the hearing is being held for a court order enforcing
6this section.
7 Sec. 1983. Section 322A.15, subsection 1, unnumbered
8paragraph 1, Code 2023, is amended to read as follows:
9In determining whether good cause has been established for
10terminating or not continuing a franchise, the department
11of inspections, and appeals, and licensing shall take into
12consideration the existing circumstances, including, but not
13limited to:
14 Sec. 1984. Section 322A.15, subsection 1, paragraphs g and
15h, Code 2023, are amended to read as follows:
16g. Except as provided in section 322A.11, failure by the
17franchisee to substantially comply with those requirements
18of the franchise which are determined by the department of
19inspections, and appeals, and licensing to be reasonable and
20material.
21h. Except as provided in section 322A.11, bad faith by the
22franchisee in complying with those terms of the franchise which
23are determined by the department of inspections, and appeals,
24and licensing to be reasonable and material.
25 Sec. 1985. Section 322A.16, unnumbered paragraph 1, Code
262023, is amended to read as follows:
27In determining whether good cause has been established for
28entering into an additional franchise for the same line-make,
29the department of inspections, and appeals, and licensing shall
30take into consideration the existing circumstances, including,
31but not limited to:
32 Sec. 1986. Section 322A.17, subsection 1, Code 2023, is
33amended to read as follows:
341. A decision of the department of inspections, and appeals,
35and licensing is subject to review by the state department of
-1153-1transportation, whose decision is final agency action for the
2purpose of judicial review.
3 Sec. 1987. Section 322C.6, unnumbered paragraph 1, Code
42023, is amended to read as follows:
5A license issued under section 322C.4 or 322C.9 may be
6denied, revoked, or suspended, after opportunity for a
7hearing before the department of inspections, and appeals, and
8licensing in accordance with chapters 10A and 17A, if it is
9determined that the licensee or applicant has done any of the
10following:
11 Sec. 1988. Section 323.1, subsection 4, Code 2023, is
12amended to read as follows:
134. “Department” means the department of inspections, and
14 appeals, and licensing.
15 Sec. 1989. Section 324A.5, subsection 2, paragraph c, Code
162023, is amended to read as follows:
17c. The department of inspections, and appeals, and licensing
18 shall establish an appeal process pursuant to chapters 10A and
1917A which allows those agencies or organizations determined
20to not be in compliance with this chapter an opportunity for
21a timely hearing before the department of inspections, and
22 appeals, and licensing. A decision by the department of
23inspections, and appeals, and licensing is subject to review by
24the state department of transportation. The state department
25of transportation’s decision is the final agency action.
26Judicial review of the action of the department may be sought
27in accordance with chapter 17A.
28 Sec. 1990. Section 327C.8, Code 2023, is amended to read as
29follows:
30327C.8 Objections — hearing.
31A person directly affected by the proposed discontinuance
32of an agency may file written objections with the department
33stating the grounds for the objections, within fifteen days
34from the time of the publication of the notice as provided in
35section 327C.7. Upon the filing of objections the department
-1154-1shall request the department of inspections, and appeals, and
2licensing to hold a hearing, which shall be held within sixty
3days from the filing of the objections. Written notice of the
4time and place of the hearing shall be mailed by the department
5of inspections, and appeals, and licensing to the railroad
6corporation and the person filing objections at least ten days
7prior to the date fixed for the hearing.
8 Sec. 1991. Section 327C.12, Code 2023, is amended to read
9as follows:
10327C.12 Aid from courts.
11The department or the department of inspections, and
12 appeals, and licensing may invoke the aid of any court of
13record in the state in requiring the attendance and testimony
14of witnesses and the production of books, papers, tariff
15schedules, agreements, and other documents. If a person
16refuses to obey a subpoena or other process, a court having
17jurisdiction of the inquiry shall issue an order requiring any
18of the officers, agents, or employees of a carrier or other
19person to appear before either department and produce all books
20and papers required by the order and testify in relation to any
21matter under investigation.
22 Sec. 1992. Section 327C.17, Code 2023, is amended to read
23as follows:
24327C.17 Penalty.
25If a railroad fails or refuses to comply with a rule or
26order made by the state department of transportation or the
27department of inspections, and appeals, and licensing within
28the time specified, the railroad is, for each day of such
29failure, subject to a schedule “two” penalty.
30 Sec. 1993. Section 327C.19, subsection 1, Code 2023, is
31amended to read as follows:
321. A decision of the department of inspections, and appeals,
33and licensing is subject to review by the state department of
34transportation.
35 Sec. 1994. Section 327C.20, Code 2023, is amended to read
-1155-1as follows:
2327C.20 Remitting penalty.
3If a common carrier fails in a judicial review proceeding
4to secure a vacation of the order objected to, it may apply to
5the court in which the review proceeding is finally adjudicated
6for an order remitting the penalty which has accrued during
7the review proceeding. Upon a satisfactory showing that the
8petition for judicial review was filed in good faith and not
9for the purpose of delay, and that there were reasonable
10grounds to believe that the order was unreasonable or unjust
11or that the power of the department of transportation or the
12department of inspections, and appeals, and licensing to make
13the order was doubtful, the court may remit the penalty that
14has accrued during the review proceeding.
15 Sec. 1995. Section 327C.25, Code 2023, is amended to read
16as follows:
17327C.25 Complaints.
18A person may file with the department a petition setting
19forth any particular in which a common carrier has violated the
20law to which it is subject and the amount of damages sustained
21by reason of the violation. The department shall furnish a
22copy of the complaint to the carrier against which a complaint
23is filed. The department shall request the department
24of inspections, and appeals, and licensing to schedule a
25hearing in which the carrier shall answer the petition or
26satisfy the demands of the complaint. If the carrier fails
27to satisfy the complaint within the time fixed or there
28appears to be reasonable grounds for investigating the matters
29set forth in the petition, the department of inspections,
30 and appeals, and licensing shall hear and determine the
31questions involved and make orders it finds proper. If the
32department of transportation has reason to believe that a
33carrier is violating any of the laws to which it is subject,
34the department may institute an investigation and request
35the department of inspections, and appeals, and licensing to
-1156-1conduct a hearing in relation to the matters as if a petition
2had been filed.
3 Sec. 1996. Section 327C.26, Code 2023, is amended to read
4as follows:
5327C.26 Reports.
6When a hearing has been held before the department of
7inspections, and appeals, and licensing after notice, it shall
8make a report in writing setting forth the findings of fact
9and its conclusions together with its recommendations as to
10what reparation, if any, the offending carrier shall make to a
11party who has suffered damage. The findings of fact are prima
12facie evidence in all further legal proceedings of every fact
13found. All reports of hearings and investigations made by the
14department of inspections, and appeals, and licensing shall be
15entered of record and a copy furnished to the carrier against
16which the complaint was filed, to the party complaining, and
17to any other person having a direct interest in the matter. A
18reasonable fee not to exceed the actual duplication costs may
19be charged for the copies.
20 Sec. 1997. Section 327C.28, Code 2023, is amended to read
21as follows:
22327C.28 Violation of order — petition — notice.
23If a person violates or fails to obey a lawful order
24or requirement of the department of transportation or the
25department of inspections, and appeals, and licensing, the
26department of transportation or the department of inspections,
27 and appeals, and licensing shall apply by petition in the
28name of the state against the person, to the district court,
29alleging the violation or failure to obey. The court shall
30hear and determine the matter set forth in the petition on
31reasonable notice to the person, to be fixed by the court and
32to be served in the same manner as an original notice for the
33commencement of action.
34 Sec. 1998. Section 327C.29, Code 2023, is amended to read
35as follows:
-1157- 1327C.29 Interested party may begin proceedings.
2A person interested in enforcing an order or requirement
3of the department of transportation or the department of
4inspections, and appeals, and licensing, may file a petition
5against the violator, alleging the failure to comply with
6the order or requirement and asking for summary relief to
7the same extent and in the same manner as the department of
8transportation or the department of inspections, and appeals,
9and licensing may under section 327C.28, and the proceedings
10after the filing of the petition shall be the same as in
11section 327C.28.
12 Sec. 1999. Section 327D.4, Code 2023, is amended to read as
13follows:
14327D.4 Connections.
15If a railroad corporation in this state refuses to connect by
16proper switches or tracks with the tracks of another railroad
17corporation or refuses to receive, transport, load, discharge,
18reload, or return cars furnished by another connecting railroad
19corporation, a petition requesting resolution of the dispute
20may be filed with the department. The department shall notify
21the department of inspections, and appeals, and licensing
22 which shall hold a hearing on the dispute. Upon conclusion of
23the hearing, the department of inspections, and appeals, and
24licensing shall issue an order to resolve the dispute. The
25order may include the allocation of costs between the parties.
26The order is subject to review by the department which review
27shall be the final agency action.
28 Sec. 2000. Section 327D.53, Code 2023, is amended to read
29as follows:
30327D.53 Division of joint rates.
31Before the adoption of the rates, the department shall
32notify the railroad corporations interested in the schedule of
33joint rates fixed, and give them a reasonable time to agree
34upon a division of the charges provided. If the corporations
35fail to agree upon a division, and to notify the department
-1158-1of their agreement, the department shall, after a hearing
2conducted by the department of inspections, and appeals, and
3licensing, decide the rates, taking into consideration the
4value of terminal facilities and all the circumstances of
5the haul, and the division so determined by it is, in all
6controversies or actions between the railroad corporations
7interested, prima facie evidence of a just and reasonable
8division.
9 Sec. 2001. Section 327D.83, Code 2023, is amended to read
10as follows:
11327D.83 Rate hearing.
12If a schedule is filed with the department stating a rate,
13the department may, either upon complaint or upon its own
14motion, request the department of inspections, and appeals, and
15licensing to conduct a hearing concerning the propriety of the
16rate.
17 Sec. 2002. Section 327D.85, Code 2023, is amended to read
18as follows:
19327D.85 Rate proposal — review.
20At the hearing the department of inspections, and appeals,
21and licensing shall propose the rates on the schedule, in whole
22or in part, or others in lieu thereof, which the department
23of inspections, and appeals, and licensing finds are just and
24reasonable rates. The action of the department of inspections,
25 and appeals, and licensing is subject to review by the state
26department of transportation. The decision of the state
27department of transportation is the final agency action.
28 Sec. 2003. Section 327D.89, Code 2023, is amended to read
29as follows:
30327D.89 Complaint of violation.
31When a person complains to the department that the rate
32charged or published by a railway corporation, or the maximum
33rate fixed by law, is unreasonably high or discriminating,
34the department may investigate the matter, and request the
35department of inspections, and appeals, and licensing to
-1159-1conduct a hearing. The department of inspections, and appeals,
2and licensing shall give the parties notice of the time and
3place of the hearing.
4 Sec. 2004. Section 327D.90, Code 2023, is amended to read
5as follows:
6327D.90 Hearing — evidence.
7At the time of the hearing the department of inspections, and
8 appeals, and licensing shall receive any evidence and listen
9to any arguments presented by either party relevant to the
10matter under investigation, and the burden of proof is not
11upon the person making the complaint. The complainant shall
12add to the showing made at the hearing whatever information
13the complainant then has, or can obtain from any source.
14The department of inspections, and appeals, and licensing
15 shall propose just and reasonable rates, which may be adopted
16in whole or in part or modified as the state department of
17transportation determines.
18 Sec. 2005. Section 327D.128, Code 2023, is amended to read
19as follows:
20327D.128 Weighing — disagreement.
21If a railroad corporation and the owner, consignor,
22or consignee of car lots of bulk commodities cannot reach
23agreement relative to the weighing of the commodities, appeal
24may be made to the state department of transportation. The
25state department of transportation, after a hearing by the
26department of inspections, and appeals, and licensing, shall
27issue an order equitable to all parties including but not
28limited to allocation of costs and specification of the place
29and manner of weighing.
30 Sec. 2006. Section 327G.12, Code 2023, is amended to read
31as follows:
32327G.12 Overhead, underground, or more than one crossing.
33The owner of land may serve upon the railroad corporation
34a request in writing for more than one private crossing, or
35for an overhead or underground crossing, accompanied by a plat
-1160-1of the owner’s land designating the location and character
2of crossing desired. If the railroad corporation refuses or
3neglects to comply within thirty days of a written request,
4the owner of the land may make written application to the
5department to determine the owner’s rights. The department
6of inspections, and appeals, and licensing, after notice to
7the railroad corporation, shall hear the application and all
8objections to the application, and make an order which is
9reasonable and just, and if it requires the railroad company to
10construct any crossing or roadway, fix the time for compliance
11with the order and apportion the costs as appropriate. The
12order of the department of inspections, and appeals, and
13licensing is subject to review by the state department of
14transportation. The decision of the state department of
15transportation is the final agency action.
16 Sec. 2007. Section 327G.16, Code 2023, is amended to read
17as follows:
18327G.16 Disagreement — application — notice.
19If the persons specified in section 327G.15 cannot reach
20an agreement, either party may make written application to
21the department requesting resolution of the disagreement.
22The department shall request the department of inspections,
23 and appeals, and licensing to set a date for hearing. The
24department of inspections, and appeals, and licensing shall
25give ten days’ written notice of the hearing date.
26 Sec. 2008. Section 327G.17, Code 2023, is amended to read
27as follows:
28327G.17 Hearing — order.
291. The department of inspections, and appeals, and
30licensing shall hear the evidence of each party to the
31controversy and shall make an order, which may include,
32pursuant to chapters 6A and 6B, authority to condemn, resolving
33the controversy. The order shall include the portion of the
34expense to be paid by each party to the controversy. In
35determining what portion of the expense shall be paid by
-1161-1each party, the department of inspections, and appeals, and
2licensing may consider the ratio of the benefits accruing to
3the railroad or the governmental unit or both, to the general
4public use and benefit.
52. The order of the department of inspections, and appeals,
6and licensing is subject to review by the state department
7of transportation. The decision of the state department of
8transportation is the final agency action.
9 Sec. 2009. Section 327G.31, Code 2023, is amended to read
10as follows:
11327G.31 Disagreement resolved.
12If a railroad corporation and the jurisdiction having
13authority cannot reach agreement on grade crossing surface
14repair and maintenance, either party may appeal to the
15department of inspections, and appeals, and licensing if prior
16to disagreement both parties have filed a statement with the
17state department of transportation to the effect that they have
18entered into negotiations on grade crossing surface repair
19and maintenance of a particular crossing. The department of
20inspections, and appeals, and licensing shall resolve the
21dispute in the manner provided in sections 327G.16 and 327G.17,
22except for the allocation of costs.
23 Sec. 2010. Section 327G.32, subsections 3 and 4, Code 2023,
24are amended to read as follows:
253. Other portions of this section notwithstanding, a
26political subdivision may pass an ordinance regulating the
27length of time a specific crossing may be blocked if the
28political subdivision demonstrates that an ordinance is
29necessary for public safety or convenience. If an ordinance
30is passed, the political subdivision shall, within thirty days
31of the effective date of the ordinance, notify the department
32and the railroad corporation using the crossing affected by the
33ordinance. The ordinance does not become effective unless the
34department and the railroad corporation are notified within
35thirty days. The ordinance becomes effective thirty days
-1162-1after notification unless a person files an objection to the
2ordinance with the department. If an objection is filed the
3department shall notify the department of inspections, and
4 appeals, and licensing which shall hold a hearing. After
5a hearing by the department of inspections, and appeals,
6and licensing, the state department of transportation may
7disapprove the ordinance if public safety or convenience
8does not require the ordinance. The decision of the state
9department of transportation is final agency action. The
10ordinance approved by the political subdivision is prima facie
11evidence that the ordinance is adopted to preserve public
12safety or convenience.
134. The department of inspections, and appeals, and
14licensing when considering rebuttal evidence shall weigh the
15benefits accruing to the political subdivision as they affect
16the general public use compared to the burden placed on the
17railroad operation. Public safety or convenience may include,
18but is not limited to, high traffic density at a specific
19crossing of a main artery or interference with the flow of
20authorized emergency vehicles.
21 Sec. 2011. Section 327G.62, Code 2023, is amended to read
22as follows:
23327G.62 Controversies — hearing — order — review.
24When a disagreement arises between a railroad corporation,
25its grantee, or its successor in interest, and the owner,
26lessee, or licensee of a building or other improvement,
27including trackage, used for receiving, storing, transporting,
28or manufacturing an article of commerce transported or to
29be transported, situated on a present or former railroad
30right-of-way or on land owned or controlled by the railroad
31corporation, its grantee, or its successor in interest, as
32to the terms and conditions on which the article is to be
33continued or removed, the railway corporation, its grantee, or
34its successor in interest, or the owner, lessee, or licensee
35may make written application to the department. The department
-1163-1shall notify the department of inspections, and appeals, and
2licensing which shall hear and determine the controversy and
3make an order which is just and equitable between the parties.
4That order is subject to review by the state department of
5transportation. The decision of the state department of
6transportation is final agency action.
7 Sec. 2012. Section 327G.65, Code 2023, is amended to read
8as follows:
9327G.65 Cost of construction.
10The railroad corporation may require the person primarily to
11be served to pay the legitimate cost and expense of acquiring,
12by condemnation or purchase, the necessary right-of-way for the
13spur track and of constructing it, as determined in separate
14items by the department. Except as provided in section
15327G.66, the total cost as ascertained by the department
16shall be deposited with the railroad corporation before it is
17required to incur expense. If an agreement cannot be reached,
18the question shall be referred to the department which may,
19after a hearing conducted by the department of inspections, and
20 appeals, and licensing, issue an order.
21 Sec. 2013. Section 327G.78, subsection 1, Code 2023, is
22amended to read as follows:
231. Subject to section 6A.16 and 327G.77, when a railroad
24corporation, its trustee, or its successor in interest has
25interests in real property adjacent to a railroad right-of-way
26that are abandoned by order of the surface transportation
27board, reorganization court, bankruptcy court, or the
28department, or when a railroad corporation, its trustee, or
29its successor in interest seeks to sell its interests in
30that property under any other circumstance, the railroad
31corporation, its trustee, or its successor in interest shall
32extend a written offer to sell at a fair market value price to
33the persons holding leases, licenses, or permits upon those
34properties, allowing sixty days from the time of receipt for a
35written response. If a disagreement arises between the parties
-1164-1concerning the price or other terms of the sale transaction,
2either or both parties may make written application to the
3department to resolve the disagreement. The application shall
4be made within sixty days from the time an initial written
5response is served upon the railroad corporation, trustee,
6or successor in interest by the person wishing to purchase
7the property. The department shall notify the department of
8inspections, and appeals, and licensing which shall hear the
9controversy and make a final determination of the fair market
10value of the property and the other terms of the transaction
11which were in dispute, within ninety days after the application
12is filed. The determination is subject to review by the
13department and the department’s decision is the final agency
14action. All correspondence shall be by certified mail.
15 Sec. 2014. Section 327G.79, subsections 1 and 2, Code 2023,
16are amended to read as follows:
171. The department of inspections and appeals’, appeals, and
18licensing’s determination and order shall be just and equitable
19and, in the case of the determination of the fair market value
20of the property, shall be based in part upon at least three
21independent appraisals prepared by certified appraisers. Each
22party shall select one appraiser and each appraisal shall be
23paid for by the party for whom the appraisal is prepared.
24The two appraisers shall select a third appraiser and the
25costs of this appraisal shall be divided equally between the
26parties. If the appraisers selected by the parties cannot
27agree on selection of a third appraiser, the state department
28of transportation shall appoint a third appraiser and the costs
29of this appraisal shall be divided equally between the parties.
302. The department of inspections and appeals’, appeals, and
31licensing’s determination and order is final for the purpose
32of administrative review to the district court as provided in
33chapter 17A. The district court’s scope of review shall be
34confined to whether there is substantial evidence to support
35the department of inspections and appeals’, appeals, and
-1165-1licensing’s determination and order.
2 Sec. 2015. Section 331.324, subsection 1, paragraph e, Code
32023, is amended to read as follows:
4e. Cooperate with the workers’ compensation commissioner and
5comply with requirements imposed upon counties under chapters
686 chapter 10A, subchapter III, and chapter 87.
7 Sec. 2016. Section 331.394, subsection 5, paragraph c, Code
82023, is amended to read as follows:
9c. The county or region that received the notification,
10as applicable, shall respond to the party that provided
11the notification within forty-five days of receiving the
12notification. If the parties cannot agree to a settlement as
13to the person’s residency status within ninety days of the
14date of notification, on motion of any of the parties, the
15matter shall be referred to the department of inspections,
16 and appeals, and licensing for a contested case hearing under
17chapter 17A before an administrative law judge assigned in
18accordance with section 10A.801 to determine the person’s
19residency status.
20 Sec. 2017. Section 331.394, subsection 5, paragraph d,
21subparagraph (1), Code 2023, is amended to read as follows:
22(1) The administrative law judge’s determination of the
23person’s residency status shall be considered final agency
24action, notwithstanding contrary provisions of section 17A.15.
25The party that does not prevail in the determination or
26subsequent judicial review is liable for costs associated with
27the proceeding, including reimbursement of the department of
28inspections and appeals’, appeals, and licensing’s actual costs
29associated with the administrative proceeding. Judicial review
30of the determination may be sought in accordance with section
3117A.19.
32 Sec. 2018. Section 331.394, subsection 6, paragraph c, Code
332023, is amended to read as follows:
34c. The department, county, or region that received the
35notification, as applicable, shall respond to the party
-1166-1that provided the notification within forty-five days of
2receiving the notification. If the parties cannot agree to a
3settlement as to the dispute within ninety days of the date of
4notification, on motion of any of the parties, the matter shall
5be referred to the department of inspections, and appeals, and
6licensing for a contested case hearing under chapter 17A before
7an administrative law judge assigned in accordance with section
810A.801 to determine facts and issue a decision to resolve the
9dispute.
10 Sec. 2019. Section 331.394, subsection 6, paragraph d,
11subparagraph (1), Code 2023, is amended to read as follows:
12(1) The administrative law judge’s decision is a final
13agency action, notwithstanding contrary provisions of section
1417A.15. The party that does not prevail in the decision or
15subsequent judicial review is liable for costs associated with
16the proceeding, including reimbursement of the department of
17inspections and appeals’, appeals, and licensing’s actual
18costs associated with the administrative proceeding. Judicial
19review of the decision may be sought in accordance with section
2017A.19.
21 Sec. 2020. Section 331.653, subsection 10, Code 2023, is
22amended to read as follows:
2310. Cooperate with the division of labor services of the
24 department of workforce development inspections, appeals, and
25licensing in the enforcement of child labor laws as provided
26in section 92.22.
27 Sec. 2021. Section 331.756, subsections 16 and 55, Code
282023, are amended to read as follows:
2916. Institute legal proceedings against persons who
30violate laws administered by the division of labor services
31of the department of workforce development under chapter 10A,
32subchapter II, as provided in section 91.11 10A.210.
3355. Make a written report to the department of inspections,
34 and appeals, and licensing within fifteen days of the end of
35each calendar quarter of the amount of funds which were owed to
-1167-1the state for indigent defense services and which were recouped
2pursuant to subsection 5.
3 Sec. 2022. Section 423.3, subsection 18, paragraph a, Code
42023, is amended to read as follows:
5a. Residential care facilities and intermediate care
6facilities for persons with an intellectual disability and
7residential care facilities for persons with mental illness
8licensed by the department of inspections, and appeals, and
9licensing under chapter 135C.
10 Sec. 2023. Section 425.28, subsection 4, Code 2023, is
11amended to read as follows:
124. In addition to the sharing of information under
13subsection 3, the department of human services may release
14information pertaining to a person’s eligibility or claim
15for or receipt of rent reimbursement to an employee of the
16department of inspections, and appeals, and licensing in the
17employee’s official conduct of an audit or investigation.
18 Sec. 2024. Section 453A.2, subsection 6, Code 2023, is
19amended to read as follows:
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
25department 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, and licensing in accordance with
31the provisions of section 10A.801, to adjudicate the matter
32pursuant to chapter 17A.
33 Sec. 2025. Section 455B.135, Code 2023, is amended to read
34as follows:
35455B.135 Limit on authority.
-1168- 1Nothing contained in this subchapter II or chapter 459,
2subchapter II, shall be deemed to grant to the department or
3the director any authority or jurisdiction with respect to
4air pollution existing solely within residences; or solely
5within commercial and industrial plants, works, or shops under
6the jurisdiction of chapters chapter 10A, subchapter II, and
7chapter 88 and 91; or to affect the relations between employers
8and employees with respect to, or arising out of, any condition
9of air pollution.
10 Sec. 2026. Section 455B.145, subsection 2, paragraphs b and
11c, Code 2023, are amended to read as follows:
12b. The director shall promptly investigate the application
13and approve or disapprove the application. The director may
14conduct a public hearing before action is taken to approve or
15disapprove. If the director disapproves issuing a certificate,
16the political subdivision may appeal the action to the
17department of inspections, and appeals, and licensing. At the
18hearing on appeal, the department of inspections, and appeals,
19and licensing shall decide whether the local program is
20substantially consistent with the provisions of this subchapter
21II, or rules adopted under this subchapter II, and whether the
22local program is being enforced. The burden of proof shall be
23upon the political subdivision.
24c. If the director determines at any time that a local air
25pollution program is being conducted in a manner inconsistent
26with the substantive provisions of this subchapter II or the
27rules adopted under this subchapter II, the director shall
28notify the political subdivision, citing the deviations
29from the acceptable standards and the corrective measures
30to be completed within a reasonable amount of time. If the
31corrective measures are not implemented as prescribed, the
32director shall suspend in whole or in part the certificate of
33acceptance of such political subdivision and shall administer
34the regulatory provisions of this subchapter II in whole or in
35part within the political subdivision until the appropriate
-1169-1standards are met. Upon receipt of evidence that necessary
2corrective action has been taken, the director shall reinstate
3the suspended certificate of acceptance, and the political
4subdivision shall resume the administration of the local air
5pollution control program within its jurisdiction. In cases
6where the certificate of acceptance is suspended, the political
7subdivision may appeal the suspension to the department of
8inspections, and appeals, and licensing.
9 Sec. 2027. Section 455B.271, subsection 2, unnumbered
10paragraph 1, Code 2023, is amended to read as follows:
11Subject to appeal to the department of inspections, and
12 appeals, and licensing, a permit may be modified or canceled by
13the director if any of the following occur:
14 Sec. 2028. Section 455B.390, subsection 1, Code 2023, is
15amended to read as follows:
161. Hazardous conditions existing solely within and which
17will probably continue to exist solely within commercial and
18industrial plants, works, or shops under the jurisdiction of
19chapters chapter 10A, subchapter II, and chapter 88 and 91.
20 Sec. 2029. Section 515B.5, subsection 2, paragraph h, Code
212023, is amended to read as follows:
22h. Request that all future payments of workers’ compensation
23weekly benefits, medical expenses, or other payments under
24chapter 10A, subchapter III, chapter 85, 85A, 85B, 86, or 87
25be commuted to a present lump sum and upon the payment of
26which, either to the claimant or to a licensed insurer for
27purchase of an annuity or other periodic payment plan for the
28benefit of the claimant, the employer and the association shall
29be discharged from all further liability for the workers’
30compensation claim. Notwithstanding the provisions of
31section 85.45, any future payment of medical expenses, weekly
32compensation benefits, or other payment by the association
33under this chapter pursuant to chapter 10A, subchapter III,
34 chapter 85, 85A, 85B, 86, or 87, is deemed an undue expense,
35hardship, or inconvenience upon the employer for purposes of
-1170-1a full commutation pursuant to section 85.45, subsection 1,
2paragraph “b”, and the workers’ compensation commissioner shall
3fix the lump sum of the probable future medical expenses and
4weekly compensation benefits capitalized at their present value
5upon the basis of interest at the rate provided in section
6535.3 for court judgments and decrees.
7 Sec. 2030. Section 524.208, Code 2023, is amended to read
8as follows:
9524.208 Examiners and other employees.
10The superintendent may appoint examiners and other
11employees, including for the banking division’s internal
12information technology group, as the superintendent deems
13necessary to the proper discharge of the duties imposed upon
14the superintendent by the laws of this state. Pay plans shall
15be established for employees, other than clerical employees or
16employees of the professional licensing and regulation bureau
17of the banking division, who examine the accounts and affairs
18of state banks and who examine the accounts and affairs of
19other persons, subject to supervision and regulation by the
20superintendent, which are substantially equivalent to those
21paid by the federal deposit insurance corporation and other
22federal supervisory agencies in this area of the United States.
23 Sec. 2031. Section 524.211, subsection 5, Code 2023, is
24amended to read as follows:
255. An employee of the banking division, other than the
26superintendent or a member of the state banking council or one
27of the boards in the professional licensing and regulation
28bureau of the division, shall not perform any services for, and
29shall not be a shareholder, member, partner, owner, director,
30officer, or employee of, any enterprise, person, or affiliate
31subject to the regulatory purview of the banking division.
32 Sec. 2032. Section 542B.22, Code 2023, is amended to read
33as follows:
34542B.22 Procedure.
35Proceedings for any action under section 542B.21 shall be
-1171-1begun by filing with the board written charges against the
2accused. Upon the filing of charges the board may request
3the department of inspections, and appeals, and licensing to
4conduct an investigation into the charges. The department
5of inspections, and appeals, and licensing shall report its
6findings to the board, and the board shall designate a time
7and place for a hearing, and shall notify the accused of this
8action and furnish the accused a copy of all charges at least
9thirty days prior to the date of the hearing. The accused has
10the right to appear personally or by counsel, to cross-examine
11witnesses, and to produce witnesses in defense.
12 Sec. 2033. Section 543C.4, subsections 1 and 2, Code 2023,
13are amended to read as follows:
141. The commission may request the department of
15inspections, and appeals, and licensing to conduct an
16investigation and inspection to be made of any subdivided land
17proposed to be offered for sale or lease in this state pursuant
18to this chapter. The department of inspections, and appeals,
19and licensing shall make a report of its findings.
202. If an inspection is to be made of subdivided land
21situated outside of this state and offered for sale in this
22state, the inspection as authorized by subsection 1 shall
23be made by the department of inspections, and appeals,
24and licensing at the expense of the subdivider. After the
25application required by section 543C.2 is filed and after
26the filing fee required by section 543C.8 is received, the
27commission may decide whether an inspection pursuant to this
28subsection is to be made. If the commission requires an
29inspection, the department of inspections, and appeals, and
30licensing shall so notify the subdivider and the subdivider
31shall remit to the department an amount equivalent to the
32round trip cost of travel from this state to the location
33of the project, as estimated by the department and a further
34amount estimated to be necessary to cover the additional
35expenses of inspection but not to exceed fifty dollars a day
-1172-1for each day incurred in the inspection. The costs of any
2subsequent inspections deemed necessary shall be paid for by
3the subdivider. At the completion of an inspection trip the
4department shall furnish the subdivider a statement as to the
5costs of the inspection trip, and if the costs are less than
6the amount advanced by the subdivider to the department, the
7remaining balance shall be refunded to the subdivider.
8 Sec. 2034. Section 544B.16, Code 2023, is amended to read
9as follows:
10544B.16 Complaints — procedure.
11A person may file a complaint with the board against a
12professional landscape architect or the board may initiate
13a complaint. Unless the complaint is dismissed by the
14board as unfounded or trivial, the board may request the
15department of inspections, and appeals, and licensing to
16conduct an investigation into the complaint. The department
17of inspections, and appeals, and licensing shall report its
18findings to the board, and the board shall hold a hearing
19within sixty days after the date on which the complaint is
20filed. The board shall fix the time and place for such hearing
21and shall cause a copy of the complaint, together with a notice
22of the time and place fixed for the hearing, to be served on
23the accused at least thirty days before the date fixed for the
24hearing. Where personal service cannot be effected, service
25may be effected by publication. At such hearing, the accused
26shall have the right to appear personally or by counsel, to
27cross-examine witnesses against the accused, and to produce
28evidence and witnesses in defense. After the hearing, the
29board may suspend or revoke the certificate of licensure. The
30board may restore the certificate of licensure to any person
31whose certificate of licensure has been revoked. Application
32for the restoration of a certificate of licensure shall be made
33in such manner, form, and content as the board may prescribe.
34 Sec. 2035. Section 546.2, subsection 6, unnumbered
35paragraph 1, Code 2023, is amended to read as follows:
-1173- 1Each division is responsible for policymaking and
2enforcement duties assigned to the division under the law.
3Except as provided in section 546.10, subsection 3:
4 Sec. 2036. Section 546.3, subsection 1, Code 2023, is
5amended to read as follows:
61. The banking division shall regulate and supervise banks
7under chapter 524, debt management licensees under chapter
8533A, money services under chapter 533C, delayed deposit
9services under chapter 533D, mortgage bankers and brokers
10under chapter 535B, regulated loan companies under chapter
11536, and industrial loan companies under chapter 536A, real
12estate appraisers under chapter 543D, and appraisal management
13companies under chapter 543E, and shall perform other duties
14assigned to the division by law. The division is headed by the
15superintendent of banking who is appointed pursuant to section
16524.201. The state banking council shall render advice within
17the division when requested by the superintendent.
18 Sec. 2037. Section 600.2, subsection 2, Code 2023, is
19amended to read as follows:
202. “Investigator” means a natural person who is certified or
21approved by the department of human services, after inspection
22by the department of inspections, and appeals, and licensing,
23as being capable of conducting an investigation under section
24600.8.
25 Sec. 2038. Section 600A.2, subsection 5, Code 2023, is
26amended to read as follows:
275. “Certified adoption investigator” means a person who is
28certified and approved by the department of human services,
29after inspection by the department of inspections, and appeals,
30and licensing, as being capable of conducting an investigation
31under section 600.8.
32 Sec. 2039. Section 626.29, Code 2023, is amended to read as
33follows:
34626.29 Distress warrant by director of revenue, director of
35inspections, and appeals, and licensing, or director of workforce
-1174-1development.
2In the service of a distress warrant issued by the director
3of revenue for the collection of taxes administered by or debts
4to be collected by the department of revenue, in the service of
5a distress warrant issued by the director of inspections, and
6 appeals, and licensing for the collection of overpayment debts
7owed to the department of human services, or in the service of
8a distress warrant issued by the director of the department of
9workforce development for the collection of employment security
10contributions, the property of the taxpayer or the employer in
11the possession of another, or debts due the taxpayer or the
12employer, may be reached by garnishment.
13 Sec. 2040. Section 626.30, Code 2023, is amended to read as
14follows:
15626.30 Expiration or return of distress warrant.
16Proceedings by garnishment under a distress warrant issued
17by the director of revenue or the director of inspections, and
18 appeals, and licensing shall not be affected by the expiration
19or return of the warrant.
20 Sec. 2041. Section 626.31, Code 2023, is amended to read as
21follows:
22626.31 Return of garnishment — action docketed — distress
23action.
24Where parties have been garnished under a distress
25warrant issued by the director of revenue or the director of
26inspections, and appeals, and licensing, the officer shall make
27return thereof to the court in the county where the garnishee
28lives, if the garnishee lives in Iowa, otherwise in the county
29where the taxpayer resides, if the taxpayer lives in Iowa;
30and if neither the garnishee nor the taxpayer lives in Iowa,
31then to the district court in Polk county, Iowa; the officer
32shall make return in the same manner as a return is made on
33a garnishment made under a writ of execution so far as they
34relate to garnishments, and the clerk of the district court
35shall docket an action thereon without fee the same as if a
-1175-1judgment had been recovered against the taxpayer in the county
2where the return is made, an execution issued thereon, and
3garnishment made thereunder, and thereafter the proceedings
4shall conform to proceedings in garnishment under attachments
5as nearly as may be. The warrant shall be considered in all
6respects as a final judgment.
7 Sec. 2042. Section 626.76, Code 2023, is amended to read as
8follows:
9626.76 Labor commissioner Department of inspections, appeals,
10and licensing director to represent.
11The labor commissioner, appointed pursuant to section
1291.2 director of the department of inspections, appeals,
13and licensing, may, at the labor commissioner’s director’s
14 discretion, represent laborers or employees seeking payment for
15labor or wage claims from the receiver, trustee, or assignee,
16or the court, or the person charged with the property, in
17accordance with and subject to the provisions of sections
18626.69 and 626.71.
19 Sec. 2043. Section 724.21A, subsections 1 and 6, Code 2023,
20are amended to read as follows:
211. In any case where the sheriff or the commissioner of
22public safety denies an application for or suspends or revokes
23a permit to carry weapons or a permit to acquire pistols
24or revolvers, the sheriff or commissioner shall provide a
25written statement of the reasons for the denial, suspension, or
26revocation and the applicant or permit holder shall have the
27right to appeal the denial, suspension, or revocation to an
28administrative law judge in the department of inspections, and
29 appeals, and licensing within thirty days of receiving written
30notice of the denial, suspension, or revocation.
316. The department of inspections, and appeals, and
32licensing shall adopt rules pursuant to chapter 17A as
33necessary to carry out the provisions of this section.
34 Sec. 2044. Section 729.6, subsection 9, paragraph a, Code
352023, is amended to read as follows:
-1176- 1a. Investigating a workers’ compensation claim under chapter
210A, subchapter III, and chapters 85, 85A, and 85B, and 86.
3 Sec. 2045. Section 815.11, subsection 1, Code 2023, is
4amended to read as follows:
51. Costs incurred for legal representation by a
6court-appointed attorney under chapter 229A, 665, 822, or 908,
7or section 232.141, subsection 3, paragraph “d”, or section
8598.23A, 600A.6B, 814.9, 814.10, 814.11, 815.4, 815.7, or
9815.10 on behalf of an indigent shall be paid from moneys
10appropriated by the general assembly to the office of the state
11public defender in the department of inspections, and appeals,
12and licensing and deposited in an account to be known as the
13indigent defense fund, except as provided in subsection 2.
14Costs incurred representing an indigent defendant in a contempt
15action, representing an indigent juvenile in a juvenile court
16proceeding, or representing a person pursuant to section 13B.13
17are also payable from the fund. However, costs incurred in any
18administrative proceeding or in any other proceeding under this
19chapter or chapter 598, 600, 600A, 633, 633A, 814, or 915 or
20other provisions of the Code or administrative rules are not
21payable from the fund.
22 Sec. 2046. Section 915.83, subsection 4, Code 2023, is
23amended to read as follows:
244. Request from the department of human services, the
25department of workforce development and its, the division
26of workers’ compensation of the department of inspections,
27appeals, and licensing, 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. 2047. 2020 Iowa Acts, chapter 1064, section 16,
33subsection 4, is amended to read as follows:
344. Priority. In the case of multiple claims to payments
35filed under this section, priority shall be given to claims
-1177-1filed by the child support recovery unit or the foster care
2recovery unit, next priority shall be given to claims filed
3by the clerk of the district court, next priority shall be
4given to claims filed by the investigations division of the
5 department of inspections, and appeals, and licensing relating
6to investigations by the department, next priority shall be
7given to claims that will be deposited into the state general
8fund, and last priority shall be given to claims filed by other
9public agencies. In the case of multiple claims in which the
10priority is not otherwise provided by this subsection, priority
11shall be determined in accordance with rules to be established
12by the department.
13 Sec. 2048. CODE EDITOR DIRECTIVE.
141. The Code editor is directed to make the following
15transfers:
16a. Section 92.1 to section 92.1A.
17b. Section 92.1B to section 92.1.
182. The Code editor shall correct internal references in the
19Code and in any enacted legislation as necessary due to the
20enactment of this section.
21 Sec. 2049. CONTINGENT EFFECTIVE DATE. The following takes
22effect on the effective date of the rules adopted by the
23department of revenue pursuant to chapter 17A implementing 2020
24Iowa Acts, chapter 1064, other than transitional rules:
25The section of this division of this Act amending 2020 Iowa
26Acts, chapter 1064.
27DIVISION IV
28DEPARTMENT OF JUSTICE
29 Sec. 2050. Section 6B.18, subsection 3, Code 2023, is
30amended to read as follows:
313. In case of condemnation proceedings instituted by the
32state department of transportation, when the owner appeals from
33the assessment made, such notice of appeal shall be served upon
34the attorney general, or the department general counsel to
35the state department of transportation, or the chief highway
-1178-1engineer for the department.
2 Sec. 2051. Section 8A.412, subsection 11, Code 2023, is
3amended to read as follows:
411. Professional employees under the supervision of the
5attorney general, the state public defender, the secretary
6of state, the auditor of state, the treasurer of state, and
7the public employment relations board. However, employees of
8the consumer advocate division of the department of justice,
9other than the consumer advocate, and administrative law judges
10appointed or employed by the public employment relations board
11are subject to the merit system.
12 Sec. 2052. Section 13.2, subsection 1, paragraphs b and o,
13Code 2023, are amended to read as follows:
14b. Prosecute and defend in any other court or tribunal,
15all actions and proceedings, civil or criminal, in which the
16state may be a party or interested, when, in the attorney
17general’s judgment, the interest of the state requires such
18action, or when requested to do so by the governor, executive
19council, or general assembly. The attorney general may
20prosecute a criminal proceeding on behalf of the state even if
21a county attorney does not request the attorney general to act
22as a county attorney in a proceeding under section 331.754,
23subsection 7.
24o. Submit a report by January 15 of each year to the
25co-chairpersons and ranking members of the joint appropriations
26subcommittee on the justice system, to the executive council,
27and to the legislative services agency detailing the amount of
28annual money receipts generated by each settlement or judgment
29in excess of two hundred fifty thousand dollars collected
30pursuant to legal proceedings under chapters 455B, 553, and 714
31all money settlement awards and court money awards that were
32awarded to the state of Iowa. The report shall include the
33name of the civil or criminal case involved, the specify the
34parties to each settlement or court proceeding, any court of
35jurisdiction, the settlement amount, the state’s share of the
-1179-1settlement amount, the name of the fund in which the receipts
2were deposited, and the planned use of the moneys.
3 Sec. 2053. Section 13.4, Code 2023, is amended to read as
4follows:
513.4 Assistant and deputy attorneys general.
6The attorney general may appoint a first assistant chief
7deputy attorney general and such other deputy and assistant
8attorneys general as may be authorized by law, who shall devote
9their entire time to the duties of their positions. The deputy
10and assistant attorneys general shall, subject to the direction
11of the attorney general, have the same power and authority as
12the attorney general.
13 Sec. 2054. Section 13.6, Code 2023, is amended by striking
14the section and inserting in lieu thereof the following:
1513.6 Agency reimbursement for legal services.
16The attorney general may charge departments, agencies, and
17other state governmental entities for the cost of performing
18legal services for the department, agency, or governmental
19entity. Upon request of the attorney general, a department
20or agency shall provide and equip a suitable office for an
21assistant attorney general or other staff providing legal
22services exclusively for that department or agency.
23 Sec. 2055. Section 13.7, subsection 1, Code 2023, is amended
24to read as follows:
251. Compensation shall not be allowed to any person for
26services as an attorney or counselor to an executive department
27of the state government, or the head of an executive department
28of state government, or to a state board or commission A
29department, agency, or other state governmental entity shall
30not contract for legal services to be provided by a private
31attorney unless authorized by the executive council under
32this section or section 13.3. However, the The executive
33council may authorize employment of legal assistance, at a
34reasonable compensation, in a pending action or proceeding to
35protect the interests of the state, but only upon a sufficient
-1180-1showing, in writing, made by the attorney general, that the
2department of justice cannot for reasons stated by the attorney
3general perform the service. The reasons and action of the
4executive council shall be entered upon its records. If the
5attorney general determines that the department of justice
6cannot perform legal service in an action or proceeding,
7the executive council shall request the department involved
8in the action or proceeding to recommend legal counsel to
9represent the department. If the attorney general concurs with
10the department that the person recommended is qualified and
11suitable to represent the department, the person recommended
12shall be employed. If the attorney general does not concur
13in the recommendation, the department shall submit a new
14recommendation. This subsection does not affect the general
15counsel for the utilities board of the department of commerce,
16the legal counsel of the department of workforce development,
17or the general counsel for the property assessment appeal
18board.
19 Sec. 2056. Section 13.9, Code 2023, is amended to read as
20follows:
2113.9 Salary.
22The salary of the attorney general shall be as fixed by
23the general assembly, and the salaries of the first assistant
24 chief deputy attorney general and other deputy and assistant
25attorneys general shall be such as may be fixed by law.
26 Sec. 2057. Section 13.11, Code 2023, is amended by striking
27the section and inserting in lieu thereof the following:
2813.11 Exclusive criminal jurisdiction over election crimes.
29Notwithstanding any provision of law to the contrary, the
30attorney general shall have exclusive jurisdiction to prosecute
31all criminal proceedings under chapter 39A.
32 Sec. 2058. Section 20.4, subsection 9, Code 2023, is amended
33to read as follows:
349. Persons employed by the state department of justice,
35except nonsupervisory employees of the consumer advocate
-1181-1division who are employed primarily for the purpose of
2performing technical analysis of nonlegal issues.
3 Sec. 2059. Section 25.1, subsection 2, unnumbered paragraph
41, Code 2023, is amended to read as follows:
5The state appeal board shall make a record of the receipt
6of claims received from the director of the department of
7management, notify the special assistant attorney general for
8claims, and deliver a copy to the state official or agency
9against whom the claim is made, if any.
10 Sec. 2060. Section 25.1, subsection 2, paragraph a, Code
112023, is amended to read as follows:
12a. The official or agency shall report its recommendations
13concerning the claim to the special assistant attorney general
14for claims who, with a view to determining the merits and
15legality of the claim, shall investigate the claim and report
16the findings and conclusions of the investigation to the state
17appeal board.
18 Sec. 2061. Section 25.2, subsection 1, unnumbered paragraph
191, Code 2023, is amended to read as follows:
20The state appeal board with the recommendation of the
21special assistant attorney general for claims may approve
22or reject claims against the state of less than five years
23involving the following:
24 Sec. 2062. Section 25.3, Code 2023, is amended to read as
25follows:
2625.3 Filing with general assembly — testimony.
27On the second day after the convening of each regular
28session of the general assembly, the state appeal board shall
29file with the clerk of the house of representatives and the
30secretary of the senate a list of all claims rejected by the
31state appeal board together with a copy of the report made
32to it by the special assistant attorney general for claims
33 and its recommendation thereon for each claim, which report
34and recommendation shall be delivered to the claims committee
35of the house and senate. Any testimony taken by the special
-1182-1assistant attorney general for claims shall be preserved by the
2state appeal board and made available to the claims committee
3of the general assembly.
4 Sec. 2063. Section 25.4, Code 2023, is amended to read as
5follows:
625.4 Assistant attorney Attorney general — salary.
7The attorney general shall appoint a special assistant
8attorney general for claims who shall, under the direction of
9the attorney general, investigate and report on all claims
10between the state and other parties, which may be referred to
11the state appeal board, and on any other claims or matters
12which the state appeal board or the attorney general may
13direct.
14 Sec. 2064. Section 25.5, Code 2023, is amended to read as
15follows:
1625.5 Testimony — filing with board.
17The special assistant attorney general for claims shall
18fully investigate each claim and the facts upon which same
19is based and may take testimony in the form of affidavits or
20otherwise, and in connection therewith shall ex officio be
21empowered to administer oaths, to compel the attendance of
22witnesses and certify to any district court for contempt. All
23testimony, affidavits, and other papers in connection with
24a claim, obtained by the special assistant attorney general
25for claims in making an investigation shall be filed with the
26report to the state appeal board.
27 Sec. 2065. Section 25.6, Code 2023, is amended to read as
28follows:
2925.6 Claims by state against municipalities.
30The state appeal board may investigate and collect claims
31which the state has against municipal or political corporations
32in the state including counties, cities, townships, and school
33corporations. The board shall refer any such claim to the
34special assistant attorney general for claims, when the claim
35has not been promptly paid, and if the special assistant
-1183-1 attorney general for claims is not able to collect the full
2amount of the claim, the special assistant attorney general
3shall fully investigate and report to the state appeal board
4findings of fact and conclusions of law, together with any
5recommendation as to the claim. Thereafter the state appeal
6board may effect a compromise settlement with the debtor in an
7amount and under terms as the board deems just and equitable
8in view of the findings and conclusions reported to it. If
9the state appeal board is unable to collect a claim in full
10or effect what it has determined to be a fair compromise, it
11shall deliver the claim to the attorney general for action
12as the attorney general shall determine and the special
13assistant attorney general for claims is specifically charged
14with carrying out the directions of the attorney general with
15reference to the claim. When a claim is compromised by the
16state appeal board, the board shall file with the department
17of management and the department of administrative services a
18statement as to the settlement, together with a true copy of
19the agreement of settlement, and if in settlement an amount
20less than the face amount is accepted in full, the proper
21entries shall be made in the books of the department of
22management, the department of administrative services, and the
23auditor of state showing the amount of the claim, the amount of
24the settlement, and the amount charged off.
25 Sec. 2066. Section 39A.6, subsection 4, Code 2023, is
26amended to read as follows:
274. Upon issuing a technical infraction, the state
28commissioner shall immediately inform the attorney general and
29relevant county attorney if the apparent violation constitutes
30or may constitute election misconduct under this chapter.
31 Sec. 2067. Section 39A.7, Code 2023, is amended to read as
32follows:
3339A.7 Election misconduct — investigation.
341. The attorney general or county attorney shall
35investigate allegations of election misconduct reported to the
-1184-1attorney general or county attorney. Election misconduct by an
2election official shall also be investigated for prosecution
3under chapter 721.
42. Upon the completion of an investigation required by this
5section, the attorney general or county attorney shall submit
6the results of the investigation to the state commissioner and
7explain whether the attorney general or county attorney will
8pursue charges.
9 Sec. 2068. Section 48A.41, subsection 2, Code 2023, is
10amended to read as follows:
112. If in the course of an audit under this section the state
12registrar of voters finds that a commissioner of registration
13has failed to perform required voter list maintenance,
14the state registrar of voters shall submit the audit to
15the relevant county attorney and attorney general within
16twenty-four hours for investigation of a violation of section
1739A.3, subsection 1, paragraph “b”, subparagraph (9), or other
18provision of law.
19 Sec. 2069. Section 80.1, Code 2023, is amended to read as
20follows:
2180.1 Department created.
22There is hereby created a department of the state government
23which shall be known and designated as the department of public
24safety, which shall consist of a commissioner of public safety
25and of such officers and employees as may be required, one of
26whom shall be an attorney admitted to practice law in this
27state. Such attorney shall be an assistant attorney general
28appointed by the attorney general who shall fix the assistant’s
29salary. The department shall reimburse the attorney general
30for the salary and expense of such assistant attorney general
31and furnish the assistant a suitable office if requested by the
32attorney general.
33 Sec. 2070. Section 307.23, Code 2023, is amended to read as
34follows:
35307.23 General Legal counsel.
-1185- 11. The general counsel shall be a special assistant attorney
2general appointed by the attorney general who shall act as the
3attorney for the department. The general counsel shall have
4the following duties and responsibilities It shall be the duty
5of the attorney general to do all of the following:
6a. Act as legal advisor to the department, commission, and
7the director.
8b. Provide all legal services for the department.
92. The attorney general shall appoint additional assistant
10attorneys general as the director deems necessary to carry
11out the these duties assigned to the office of the general
12counsel. The salary of the general counsel shall be fixed by
13the director, subject to the approval of the attorney general.
14The director shall provide and furnish a suitable office for
15the general counsel upon request of the attorney general.
16 Sec. 2071. Section 327C.30, Code 2023, is amended to read
17as follows:
18327C.30 Duty of department, general counsel attorney general,
19 and county attorney.
20When any proceeding has been instituted under sections
21327C.28 and 327C.29, the department attorney general counsel
22 shall prosecute the same, and the county attorney of the
23county in which such proceeding is pending shall render such
24assistance as the department attorney general counsel may
25require.
26 Sec. 2072. Section 331.756, subsection 49, Code 2023, is
27amended to read as follows:
2849. Assist, upon request, the department of
29transportation’s attorney general counsel in the prosecution of
30violations of common carrier laws and regulations as provided
31in section 327C.30.
32 Sec. 2073. Section 475A.1, subsections 1 and 2, Code 2023,
33are amended to read as follows:
341. Appointment. The attorney general shall appoint a
35competent attorney to the office of consumer advocate, who
-1186-1shall serve at the pleasure of the attorney general, subject to
2confirmation by the senate, no less frequently than once every
3four years, in accordance with section 2.32. The consumer
4advocate is the chief administrator of the consumer advocate
5division of the department of justice. The advocate’s term of
6office is for four years. The term begins and ends in the same
7manner as set forth in section 69.19.
82. Vacancy. If a vacancy occurs in the office of consumer
9advocate, the vacancy shall be filled for the unexpired term in
10the same manner as an original appointment under the procedures
11of section 2.32.
12 Sec. 2074. Section 475A.1, subsection 5, Code 2023, is
13amended by striking the subsection.
14 Sec. 2075. Section 475A.2, subsections 2 and 5, Code 2023,
15are amended to read as follows:
162. Act as attorney for and represent Represent the interests
17of all consumers generally and the public generally in all
18proceedings before the utilities board.
195. Act as attorney for and represent Represent the
20interests of all consumers generally and the public generally
21in proceedings before federal and state agencies and related
22judicial review proceedings and appeals, at the discretion of
23the consumer advocate.
24 Sec. 2076. Section 475A.3, subsection 2, Code 2023, is
25amended to read as follows:
262. Employees. The consumer advocate attorney general
27 may employ attorneys, legal assistants, secretaries, clerks,
28and other employees the consumer advocate finds necessary
29for the full and efficient discharge of the duties and
30responsibilities of the office consumer advocate division. The
31consumer advocate may employ consultants as expert witnesses
32or technical advisors pursuant to contract as the consumer
33advocate finds necessary for the full and efficient discharge
34of the duties of the office. Employees of the consumer
35advocate division, other than the consumer advocate, are
-1187-1subject to merit employment, except as provided in section
28A.412.
3 Sec. 2077. REPEAL. Section 13.5, Code 2023, is repealed.
4 Sec. 2078. EFFECTIVE DATE. This division of this Act, being
5deemed of immediate importance, takes effect upon enactment.
6DIVISION V
7ECONOMIC DEVELOPMENT AUTHORITY
8cultural affairs
9 Sec. 2079. Section 7E.5, subsection 1, paragraph g, Code
102023, is amended to read as follows:
11g. The economic development authority, created in section
1215.105, which has responsibility for ensuring that the
13economic development policies of the state are effectively and
14efficiently carried out, and for managing the state’s interest
15in the areas of the arts, history, and other cultural matters.
16 Sec. 2080. Section 7E.5, subsection 1, paragraph l, Code
172023, is amended by striking the paragraph.
18 Sec. 2081. Section 8A.412, subsection 14, Code 2023, is
19amended by striking the subsection.
20 Sec. 2082. Section 15.108, subsection 5, paragraph c, Code
212023, is amended to read as follows:
22c. Coordinate and develop with the department of
23transportation, the department of natural resources, the
24department of cultural affairs, the enhance Iowa board,
25other state agencies, and local and regional entities public
26interpretation, marketing, and education programs that
27encourage Iowans and out-of-state visitors to participate in
28the recreational and leisure opportunities available in Iowa.
29The authority shall establish and administer a program that
30helps connect both Iowa residents and residents of other states
31to new and existing Iowa experiences as a means to enhance the
32economic, social, and cultural well-being of the state. The
33program shall include a broad range of new opportunities, both
34rural and urban, including main street destinations, green
35space initiatives, and artistic and cultural attractions.
-1188-1 Sec. 2083. Section 15.108, subsection 5, paragraph l, Code
22023, is amended by striking the paragraph.
3 Sec. 2084. Section 15.108, subsection 9, Code 2023, is
4amended by striking the subsection and inserting in lieu
5thereof the following:
69. Cultural affairs. To develop the state’s interest in
7the areas of the arts, history, and other cultural matters. To
8carry out this responsibility, the authority shall:
9a. Accept, receive, and administer grants or other funds or
10gifts from public or private agencies, including the federal
11government, for the authority.
12b. Administer the Iowa cultural trust, as advised and
13assisted by the Iowa arts council, as provided in chapter 303A,
14and do all of the following:
15(1) Develop and adopt by rule criteria for the issuance
16of trust fund credits by measuring the efforts of qualified
17organizations to increase their endowment or other resources
18for the promotion of the arts, history, or the sciences and
19humanities in Iowa. For purposes of this paragraph, “qualified
20organization” means a tax-exempt, nonprofit organization
21whose primary mission is to promote the arts, history, or the
22sciences and humanities in Iowa. If the authority determines
23that a qualified organization has increased the amount of the
24qualified organization’s endowment and other resources, the
25authority shall certify the amount of increase in the form of
26trust fund credits to the treasurer, who shall deposit in the
27Iowa cultural trust fund, from moneys received for purposes
28of the trust fund as provided in section 303A.4, subsection
292, an amount equal to the trust fund credits. If the amount
30of the trust fund credits issued by the authority exceeds the
31amount of moneys available to be deposited in the trust fund as
32provided in section 303A.4, subsection 2, the outstanding trust
33fund credits shall not expire but shall be available to draw
34down additional moneys which become available to be deposited
35in the trust fund as provided in section 303A.4, subsection 2.
-1189- 1(2) Develop and implement, in accordance with subchapter
2II, part 30, a grant application process for grants issued to
3qualified organizations.
4(3) Develop and adopt by rule criteria for the approval of
5Iowa cultural trust grants. The criteria shall include but
6shall not be limited to the future stability and sustainability
7of a qualified organization.
8(4) Compile, in consultation with the Iowa arts council,
9a list of grant applications recommended for funding in
10accordance with the amount available for distribution as
11provided in section 303A.6, subsection 3. The list of
12recommended grant applications shall be submitted to the Iowa
13cultural trust board of trustees for approval.
14(5) Monitor the allocation and use of grant moneys by all
15qualified organizations to determine whether moneys are used
16in accordance with the provisions of this paragraph “b” and
17subchapter II, part 30.The authority shall annually submit
18a report with the authority’s findings and recommendations to
19the Iowa cultural trust board of trustees prior to final board
20action in approving grants for the next succeeding fiscal year.
21c. Design a comprehensive, statewide, long-range plan with
22the assistance of the Iowa arts council to develop the arts
23in Iowa. The authority is designated as the state agency for
24carrying out the plan.
25d. By rule, establish advisory groups as necessary for the
26receipt of federal funds or grants or the administration of any
27of the authority’s programs.
28e. Develop and implement fee-based educational programming
29opportunities, including preschool programs, related to arts,
30history, and other cultural matters for Iowans of all ages.
31f. Conduct surveys of existing art and cultural programs
32and activities within the state, including but not limited to
33music, theater, dance, painting, sculpture, architecture, and
34allied arts and crafts. The authority shall submit a report
35on the survey to the governor and to the general assembly no
-1190-1later than ten calendar days after the commencement of each
2first session of the general assembly recommending appropriate
3legislation or other action as the authority deem appropriate.
4g. Establish and administer a film office. The purpose
5of the film office is to assist legitimate film, television,
6and video producers in the production of film, television, and
7video projects in the state, and to increase the fiscal impact
8on the state’s economy of film, television, and video projects
9produced in the state.
10 Sec. 2085. Section 15.108, Code 2023, is amended by adding
11the following new subsection:
12 NEW SUBSECTION. 12. Miscellaneous. To provide other
13necessary services, the authority shall do all of the
14following:
15a. Collect and assemble, or cause to have collected and
16assembled, all pertinent information available regarding the
17industrial, agricultural, and public and private recreation
18and tourism opportunities and possibilities of the state
19of Iowa, including raw materials and products that may be
20produced from the raw materials; power and water resources;
21transportation facilities; available markets; the banking and
22financing facilities; the availability of industrial sites; the
23advantages of the state as a whole, and particular sections
24of the state, as industrial locations; the development of a
25grain alcohol motor fuel industry and its related products;
26and other fields of research and study as the board deems
27necessary. This information shall consider the encouragement
28of new industrial enterprises in the state and the expansion
29of industries now existing within the state, and allied fields
30to those industries. The information shall also consider the
31changing composition of the Iowa family, the level of poverty
32among different age groups, and different family structures in
33Iowa society and their impact on Iowa families.
34b. Apply for, receive, contract for, and expend federal
35funds and grants, and funds and grants from other sources.
-1191- 1c. Except as otherwise provided in sections 8A.110, 260C.14,
2and 262.9, provide that an inventor whose research is funded
3in whole or in part by the state shall assign to the state a
4proportionate part of the inventor’s rights to a letter patent
5resulting from that research. The state's portion of the
6royalties or earnings derived from a letter patent shall be
7paid to the treasurer of state and credited by the treasurer to
8the general fund of the state. The authority, in conjunction
9with other state agencies including the board of regents,
10shall provide incentives to inventors whose research is funded
11in whole or in part by the state to encourage the inventors
12to have the invented products produced in the state. The
13incentives may include the state receiving a smaller portion of
14the inventor’s royalties or earnings than would otherwise occur
15under this paragraph or other provisions of law.
16d. Administer or oversee federal rural economic development
17programs in the state.
18e. At the director’s discretion, accept payment by
19credit card of any fees, interest, penalties, subscriptions,
20registrations, purchases, or other payments, or any portion of
21such payments, which are due or collected by the authority.
22The authority may adjust the amount of the payment to reflect
23the costs of processing the payment as determined by the
24treasurer of state. Payment by credit card shall include, in
25addition to all other charges, any discount charged by the
26credit card issuer.
27f. Provide technical assistance to individuals who
28are pursuing the purchase and operation of employee-owned
29businesses.
30g. Administer the Iowa energy center established in section
3115.120. This paragraph “g” is repealed July 1, 2027.
32h. Administer the partner state program created in section
3315.421.
34 Sec. 2086. Section 15.274, Code 2023, is amended to read as
35follows:
-1192- 115.274 Promotional program for national historic landmarks
2and cultural and entertainment districts.
3The economic development authority, in cooperation with
4the state department of transportation and the department of
5cultural affairs, shall establish and administer a program
6designed to promote knowledge of and access to buildings,
7sites, districts, structures, and objects located in this state
8that have been designated by the secretary of the interior
9of the United States as a national historic landmark, unless
10the national historic landmark is protected under section
1122.7, subsection 20, and certified cultural and entertainment
12districts, as established pursuant to section 303.3B. The
13program shall be designed to maximize the visibility and
14visitation of national historic landmarks in this state and
15buildings, sites, structures, and objects located in certified
16cultural and entertainment districts, as established pursuant
17to section 303.3B. Methods used to maximize the visibility and
18visitation of such locations may include the use of tourism
19literature, signage on highways, maps of the state and cities,
20and internet sites. For purposes of this section, “highway”
21means the same as defined in section 325A.1.
22 Sec. 2087. Section 99F.11, subsection 4, paragraph d,
23subparagraph (1), Code 2023, is amended to read as follows:
24(1) Five hundred twenty thousand dollars is appropriated
25each fiscal year to the department of cultural affairs economic
26development authority with one-half of the moneys allocated for
27operational support grants and the remaining one-half allocated
28for the community cultural grants program established under
29section 303.3.
30 Sec. 2088. Section 103A.45, subsection 4, Code 2023, is
31amended to read as follows:
324. Consult with state agencies, including the state
33fire marshal department of inspections, appeals, and
34licensing and the department of cultural affairs economic
35development authority, governmental subdivisions, architects,
-1193-1engineers, and others who have knowledge of or interest in the
2rehabilitation, preservation, restoration, and relocation of
3historic buildings, with respect to matters relating to the
4state historic building code.
5 Sec. 2089. Section 303.3, subsections 1 and 2, Code 2023,
6are amended to read as follows:
71. The department authority shall establish a grant program
8for cities and nonprofit, tax-exempt community organizations
9for the development of community programs that provide local
10jobs for Iowa residents and also promote Iowa’s historic,
11ethnic, and cultural heritages through the development
12of festivals, music, drama, cultural programs, or tourist
13attractions. A city or nonprofit, tax-exempt community
14organization may submit an application to the department
15 authority for review. The department authority shall establish
16criteria for the review and approval of grant applications.
17The amount of a grant shall not exceed fifty percent of
18the cost of the community program. Each application shall
19include information demonstrating that the city or nonprofit,
20tax-exempt community organization will provide matching funds
21of fifty percent of the cost of the program. The matching
22funds requirement may be met by substituting in-kind services,
23based on the value of the services, for actual dollars.
242. The department authority shall establish a grant program
25which provides general operating budget support to major,
26multidisciplined multidisciplinary cultural organizations
27which that demonstrate cultural and managerial excellence
28on a continuing basis to the citizens of Iowa. Applicant
29organizations must be incorporated under chapter 504, be exempt
30from federal taxation, and not be attached or affiliated with
31an educational institution. Eligible organizations shall
32be operated on a year-round basis and employ at least one
33full-time, paid professional staff member. The department
34 authority shall establish criteria for review and approval
35of grant applications. Criteria established shall include,
-1194-1but are not limited to, a matching funds requirement. The
2matching funds requirement shall permit an applicant to meet
3the matching requirement by demonstrating that the applicant’s
4budget contains funds, other than state and federal funds, in
5excess of the grant award.
6 Sec. 2090. Section 303.3A, subsection 1, paragraph c, Code
72023, is amended by striking the paragraph.
8 Sec. 2091. Section 303.3A, subsections 2 and 3, Code 2023,
9are amended to read as follows:
102. The department authority shall administer regional
11conferences and a statewide caucus on arts and cultural
12enhancement. The purpose of the conferences and caucus is to
13encourage the development of the arts and culture in the state
14by in all of the following ways:
15a. Byidentifying opportunities for programs involving
16education, outreach, and enhancement; by.
17b. Byreviewing possible changes in enhancement program
18policies, programs, and funding; and by.
19c. Bymaking recommendations to the department authority
20 regarding funding allocations and priorities for arts and
21cultural enhancement.
223. a. Every four years beginning in June 2001 2025, the
23department authority shall convene a statewide caucus on arts
24and cultural enhancement.
25a. b. Prior to the statewide caucus, the department
26 authority shall make arrangements to hold a conference in each
27of several regions of the state as determined by the Iowa arts
28council. The department authority shall promote attendance
29of interested persons at each conference. A designee of
30the department shall serve as temporary chairperson until
31persons attending the conference elect a chairperson. The
32department authority shall provide persons attending the
33conference with current information regarding cultural programs
34and expenditures. Persons attending the conference shall
35identify opportunities for programs in the areas of education,
-1195-1outreach, and enhancement, and make recommendations in the
2form of a resolution. The persons attending the conference
3shall elect six persons from among the attendees to serve
4as regional, voting delegates to the statewide caucus. The
5conference attendees shall elect a chairperson from among the
6six representatives. Other interested persons are encouraged
7to attend the statewide caucus as nonvoting attendees.
8b. c. The department authority shall charge a reasonable
9fee for attendance at the statewide caucus on arts and cultural
10enhancement.
11c. d. A designee of the department authority shall call the
12statewide caucus to order and serve as temporary chairperson
13until persons attending the caucus elect a chairperson.
14Persons attending the caucus shall discuss the recommendations
15of the regional conferences and decide upon recommendations to
16be made to the department authority and the general assembly.
17Elected chairpersons of the regional conferences shall meet
18with representatives of the department authority and present
19the recommendations of the caucus.
20 Sec. 2092. Section 303.3B, Code 2023, is amended to read as
21follows:
22303.3B Cultural and entertainment districts.
231. The department of cultural affairs authority shall
24establish and administer a cultural and entertainment district
25certification program. The program shall encourage the growth
26of communities through the development of areas within a city
27or county for public and private uses related to cultural and
28entertainment purposes.
292. A city or county may create and designate a cultural
30and entertainment district subject to certification
31by the department of cultural affairs, in consultation
32with the economic development authority. A cultural and
33entertainment district is encouraged to include a unique form
34of transportation within the district and for transportation
35between the district and recreational trails. A cultural and
-1196-1entertainment district certification shall remain in effect for
2ten years following the date of certification. Two or more
3cities or counties may apply jointly for certification of a
4district that extends across a common boundary. Through the
5adoption of administrative rules, the department of cultural
6affairs authority shall develop a certification application
7for use in the certification process. The provisions of this
8subsection relating to the adoption of administrative rules
9shall be construed narrowly.
103. The department of cultural affairs authority shall
11encourage development projects and activities located in
12certified cultural and entertainment districts through
13incentives under cultural grant programs pursuant to section
14303.3, chapter 303A part 30, and any other applicable grant
15programs.
16 Sec. 2093. Section 303.3C, subsection 1, paragraphs a, d,
17and f, Code 2023, are amended to read as follows:
18a. The department of cultural affairs authority shall
19establish and administer an Iowa great places program for
20purposes of combining resources of state government in an
21effort to showcase the unique and authentic qualities of
22communities, regions, neighborhoods, and districts that
23make such places exceptional places to work and live. The
24department of cultural affairs authority shall provide
25administrative assistance to the Iowa great places board. The
26department of cultural affairs authority shall coordinate
27the efforts of the Iowa great places board with the efforts
28of state agencies participating in the program which shall
29include, but not be limited to, the economic development
30authority, the Iowa finance authority, the department of
31human rights, the department of natural resources, the state
32department of transportation, and the department of workforce
33development.
34d. The department of cultural affairs authority shall work
35in cooperation with the vision Iowa and community attraction
-1197-1and tourism programs enhance Iowa board for purposes of
2maximizing and leveraging moneys appropriated to identified
3Iowa great places.
4f. The department of cultural affairs authority shall
5account for any funds appropriated from the endowment for
6Iowa’s health restricted capitals fund for an identified Iowa
7great place.
8 Sec. 2094. Section 303.3C, subsection 2, paragraph a, Code
92023, is amended to read as follows:
10a. The Iowa great places board is established consisting of
11twelve members. The board shall be located for administrative
12purposes within the department of cultural affairs authority
13 and the director shall provide office space, staff assistance,
14and necessary supplies and equipment for the board. The
15director shall budget moneys to pay the compensation and
16expenses of the board. In performing its functions, the board
17is performing a public function on behalf of the state and is a
18public instrumentality of the state.
19 Sec. 2095. Section 303.3D, subsections 1 and 3, Code 2023,
20are amended to read as follows:
211. An Iowa great places program fund is created under the
22authority of the department of cultural affairs. The fund
23shall consist of appropriations made to the fund and transfers
24of interest, earnings, and moneys from other funds as provided
25by law. Notwithstanding section 12C.7, subsection 2, interest
26or earnings on investments or time deposits of the moneys in
27the Iowa great places program fund shall be credited to the
28Iowa great places program fund.
293. In awarding moneys the department of cultural affairs
30 authority shall give consideration to the particular needs of
31each identified Iowa great place.
32 Sec. 2096. Section 303.3E, Code 2023, is amended to read as
33follows:
34303.3E Culture, history, and arts teams program.
351. The department of cultural affairs authority shall
-1198-1establish and administer a statewide program facilitating the
2promotion of culture, history, and arts in Iowa. The program’s
3purpose shall be to encourage cooperation and collaboration
4among the various state and local organizations working in
5these areas to improve Iowa’s quality of life.
62. The department authority shall implement the program
7by working with the local organizations to establish local
8committees. Each committee shall:
9a. Include representatives from local organizations
10dedicated to promoting culture, history, and arts.
11b. Gather and disseminate information on the cultural,
12historical, and arts opportunities in the regions.
13c. Enhance communication among the local organizations.
14d. Assist the staff members of local organizations in
15obtaining technical and professional training.
163. The department authority shall assist local
17organizations in the delivery of technical services,
18professional training, and programming opportunities by working
19with these committees.
20 Sec. 2097. Section 303.20, unnumbered paragraph 1, Code
212023, is amended to read as follows:
22As used in this subchapter of this chapter part, unless the
23context otherwise requires:
24 Sec. 2098. Section 303.20, subsections 2 and 3, Code 2023,
25are amended to read as follows:
262. “Commission” is the five-person body, elected by the
27registered voters in the historical preservation district from
28persons living in the district for the purpose of administering
29this subchapter of this chapter part.
303. “District” means a historical preservation district
31established under this subchapter of this chapter part.
32 Sec. 2099. Section 303.20, subsection 4, Code 2023, is
33amended by striking the subsection.
34 Sec. 2100. Section 303.21, Code 2023, is amended to read as
35follows:
-1199- 1303.21 Petition.
21. The eligible voters in an area of asserted historical
3significance may petition the department authority for a
4referendum for the establishment of a district.
52. The petition must be signed by not less than ten percent
6of the eligible voters of in the area of asserted historical
7significance and shall contain both a description of the
8property suggested for inclusion in the district and the
9reasons justifying the creation of the district.
10 Sec. 2101. Section 303.22, Code 2023, is amended to read as
11follows:
12303.22 Action by department the authority.
131. The department authority shall hold a hearing not less
14than thirty days or and not more than sixty days after the
15petition is received. The department authority shall publish
16notice of the hearing, at a reasonable time before the hearing
17is to take place, and shall post notice of the hearing in a
18reasonable number of places within the suggested district. The
19cost of notification shall be paid by the persons who petition
20for the establishment of a district.
212. At the hearing the department authority shall hear
22interested persons, accept written presentations, and shall
23determine whether the suggested district is an area of
24historical significance which may properly be established as a
25historical preservation district pursuant to the provisions of
26this subchapter of this chapter part. The department authority
27 may determine the boundaries which shall be established for the
28district. The department authority shall not include property
29which is not included in the suggested district unless the
30owner of the property is given an opportunity to be heard.
313. The department, if it If the authority determines that
32the suggested district meets the criteria for establishment
33as a historical preservation district, the authority shall
34indicate the owners of the property and residents included and
35shall forward a list of owners and residents to the county
-1200-1commissioner of elections.
24. If the department authority determines that the
3suggested district does not meet the criteria for establishment
4as a historical preservation district, it the authority shall
5so notify the petitioners.
6 Sec. 2102. Section 303.23, Code 2023, is amended to read as
7follows:
8303.23 Referendum.
9Within thirty days after the receipt of the list of owners
10of property and residents within the suggested historical
11preservation district, the department authority shall fix a
12date not more than forty-five days from the receipt of the
13petition seeking a referendum on the question of establishment
14of a historical preservation district. The department
15 authority, after consultation with the county commissioner of
16elections, shall specify the polling place within the suggested
17district that will best serve the convenience of the voters
18and shall appoint from residents of the proposed district
19 three judges and two clerks of election from residents of the
20proposed district.
21 Sec. 2103. Section 303.24, Code 2023, is amended to read as
22follows:
23303.24 Notice.
24The department authority, after consultation with the county
25commissioner of elections, shall post notice of the referendum
26in a reasonable number of places within the suggested district
27a reasonable time before it the referendum is to take place.
28The notice shall state the purpose of the referendum, a
29description of the district, the date of the referendum, the
30location of the polling place, and the hours when the polls
31will be open and close.
32 Sec. 2104. Section 303.26, subsection 3, Code 2023, is
33amended to read as follows:
343. Of the initial commission, the person receiving the
35highest number of votes shall receive serve a five-year term of
-1201-1office, the next highest shall serve a four-year term, the next
2highest shall serve a three-year term, the next highest shall
3serve a two-year term, and the fifth highest shall serve a
4one-year term. Thereafter, an election shall be held annually
5in the district to elect a member to a five-year term as each
6term expires.
7 Sec. 2105. Section 303.29, Code 2023, is amended to read as
8follows:
9303.29 Use of structures.
10No A change in the use of any structure or property within
11a designated historical district shall not be permitted until
12after an application for a certificate of appropriateness
13has been submitted to, and been approved by the commission.
14For purposes of this section “use” means the legal enjoyment
15of property that consists in its employment, exercise, or
16practice.
17 Sec. 2106. Section 303.32, Code 2023, is amended to read as
18follows:
19303.32 Ordinary maintenance and repair.
20Nothing in this subchapter of this chapter This part shall
21not be construed to prevent the ordinary maintenance or repair
22of any exterior feature in a district which does not involve a
23change in design, material or outer appearance, nor to prevent
24the construction, reconstruction, alteration, restoration
25or demolition of any such feature which is required by for
26 public safety because of reasons due to an unsafe or dangerous
27condition.
28 Sec. 2107. Section 303.34, subsections 1 and 4, Code 2023,
29are amended to read as follows:
301. An area of historical significance shall be proposed by
31the governing body of the city on its the governing body’s own
32motion or upon the receipt by the governing body of a petition
33signed by residents of the city. The city shall submit a
34description of the proposed area of historical significance or
35the petition describing the proposed area, if the proposed area
-1202-1is a result of the receipt of a petition, to the historical
2division which state historic preservation officer who shall
3determine if the proposed area meets the criteria in subsection
42 and may make recommendations concerning the proposed area.
5Any recommendations made by the division state historic
6preservation officer shall be made available by the city to
7the public for viewing during normal working hours at a city
8government place of public access.
94. An area shall be designated an area of historical
10significance upon enactment of an ordinance of by the city.
11Before Prior to enactment of the ordinance or enactment of
12 an amendment to the ordinance is enacted, the governing body
13of the city shall submit the ordinance or amendment to the
14historical division state historic preservation officer for its
15 review and recommendations.
16 Sec. 2108. Section 303.87, Code 2023, is amended to read as
17follows:
18303.87 Duties of Iowa arts council.
19The Iowa arts council shall:
201. Advise the director with respect to policies, programs,
21and procedures for carrying out the administrator’s functions,
22duties, or responsibilities.
232. Review review programs to be supported and make
24recommendations on the programs to the director.
25 Sec. 2109. Section 303.88, Code 2023, is amended to read as
26follows:
27303.88 Administrator’s Authority’s powers and authority.
28The arts division administrator may authority shall:
291. Make and sign any agreements and perform any acts which
30are necessary, desirable, or proper to carry out the purpose of
31the division.
322. Request and obtain assistance and data from any
33department, division, board, bureau, commission, or agency of
34the state.
353. Accept any federal funds granted, by Act of Congress or
-1203-1by executive order, for all or any purposes of this subchapter
2 part, and receive and disburse as the official agent of the
3state any funds made available by the national endowment for
4the arts.
54. 2. Accept gifts, contributions, endowments, bequests,
6or other moneys available for all or any of the purposes
7of the division this part. Interest earned on the gifts,
8contributions, endowments, bequests, or other moneys accepted
9under this subsection part shall be credited to the fund or
10funds to which the gifts, contributions, endowments, bequests,
11or other moneys have been deposited, and is available for all
12or any of the purposes of the division authority under this
13part.
14 Sec. 2110. Section 303A.1, Code 2023, is amended to read as
15follows:
16303A.1 Short title.
17This chapter part shall be known and may be cited as the
18“Iowa Cultural Trust Act”.
19 Sec. 2111. Section 303A.3, unnumbered paragraph 1, Code
202023, is amended to read as follows:
21For purposes of this chapter part, unless the context
22otherwise requires:
23 Sec. 2112. Section 303A.3, subsections 2 and 3, Code 2023,
24are amended by striking the subsections.
25 Sec. 2113. Section 303A.4, subsections 1, 2, and 4, Code
262023, are amended to read as follows:
271. The Iowa cultural trust is created as a public body
28corporate organized for the purposes, with the powers, and
29subject to the restrictions, set forth in this chapter part.
302. An Iowa cultural trust fund is created in the office
31of the treasurer of state for the purpose of receiving moneys
32appropriated by the general assembly and any other moneys
33available to the trust fund due to the issuance of trust fund
34credits by the director as provided in section 303.1A 15.108,
35subsection 1 9, paragraph “f” “b”, subparagraph (1).
-1204- 14. a. The treasurer of state shall act as custodian of
2the fund, shall invest moneys in the trust fund, and shall
3transfer the interest attributable to the investment of trust
4fund moneys to the grant account created in section 303A.7.
5The trust fund’s principal shall not be used or accessed by the
6department or the board for any purpose.
7b. Notwithstanding paragraph “a”, for each of the following
8fiscal years, the treasurer of state shall transfer the
9following amounts from the principal of the trust fund to the
10grant account created in section 303A.7:
11(1) For the fiscal year beginning July 1, 2013, and ending
12June 30, 2014, fifty thousand dollars.
13(2) For the fiscal year beginning July 1, 2014, and ending
14June 30, 2015, fifty thousand dollars.
15 Sec. 2114. Section 303A.5, subsections 1 and 6, Code 2023,
16are amended to read as follows:
171. A board of trustees of the Iowa cultural trust is
18created. The general responsibility for the proper operation
19of the trust is vested in the board of trustees, which shall
20consist of thirteen members as follows:
21a. Nine public members, five of whom shall be appointed
22by the governor, subject to confirmation by the senate. The
23majority leader of the senate, the minority leader of the
24senate, the speaker of the house, and the minority leader of
25the house of representatives shall each appoint one public
26member. A public member of the board appointed in accordance
27with this section shall not also serve concurrently as a member
28of the state historical society board of trustees or the Iowa
29state arts council.
30b. Four ex officio, nonvoting members, consisting of the
31treasurer of state or the treasurer’s designee, the director of
32the department of cultural affairs authority or the director’s
33designee, the chairperson of the state historical society
34board of trustees elected pursuant to section 303.6, and the
35chairperson of the Iowa arts council designated pursuant to
-1205-1section 303.86.
26. The board shall be located for administrative purposes
3within the department authority. The department authority,
4subject to approval by the board, shall adopt administrative
5rules pursuant to chapter 17A necessary to administer the
6income derived from the Iowa cultural trust fund and to perform
7specific powers and duties as provided in section 303A.6. The
8director shall budget funds to pay the expenses of the board
9and administer this chapter part.
10 Sec. 2115. Section 303A.6, subsections 1 and 2, Code 2023,
11are amended to read as follows:
121. Enter into agreements with any qualified organization,
13the state, or any federal or other state agency, or other
14entity as required to administer this chapter part.
152. Approve or disapprove the grants recommended for
16approval by the director, in consultation with the Iowa arts
17council and the state historical society of Iowa, in accordance
18with section 303.1A 15.108, subsection 1 9, paragraph “f”,
19subparagraph (3) “b”. The board may delete remove any
20recommendation from the list, but shall not add to or otherwise
21amend the list of recommended grants.
22 Sec. 2116. Section 306D.2, subsection 1, unnumbered
23paragraph 1, Code 2023, is amended to read as follows:
24The state department of transportation shall prepare a
25statewide, long-range plan for the protection, enhancement,
26and identification of highways and secondary roads which pass
27through unusually scenic areas of the state as identified
28in section 306D.1. The department of natural resources,
29department of the economic development authority, and
30department of cultural affairs, private organizations, county
31conservation boards, city park and recreation departments,
32and the federal agencies having jurisdiction over land in the
33state shall be encouraged to assist in preparing the plan. The
34plan shall be coordinated with the state’s open space plan
35if a state open space plan has been approved by the general
-1206-1assembly. The plan shall include, but is not limited to, the
2following elements:
3 Sec. 2117. Section 321.252, subsection 3, paragraph a,
4subparagraph (1), Code 2023, is amended to read as follows:
5(1) The tourist signing committee shall be made up of the
6directors or their the directors’ designees of the departments
7of agriculture and land stewardship, natural resources,
8cultural affairs, and transportation, the director or the
9director’s designee of the economic development authority, the
10chairperson or the chairperson’s designee of the Iowa travel
11council, and a member of the outdoor advertising association
12of Iowa. The director or the director’s designee of the
13economic development authority shall be the chairperson of the
14committee.
15 Sec. 2118. Section 404A.1, subsection 3, Code 2023, is
16amended by striking the subsection.
17 Sec. 2119. Section 404A.1, subsection 8, paragraph b, Code
182023, is amended to read as follows:
19b. The property meets the physical criteria and standards
20for rehabilitation established by the department authority by
21rule. To the extent applicable, the physical standards and
22criteria shall be consistent with the United States secretary
23of the interior’s standards for rehabilitation.
24 Sec. 2120. Section 404A.3, subsection 1, paragraphs c and e,
25Code 2023, are amended to read as follows:
26c. The application shall include any information deemed
27necessary by the authority, in consultation with the
28department, to evaluate the eligibility under the program
29of the applicant and the rehabilitation project, the amount
30of projected qualified rehabilitation expenditures of a
31rehabilitation project, and the amount and source of all
32funding for a rehabilitation project. An applicant shall
33have the burden of proof to demonstrate to the authority that
34the applicant is an eligible taxpayer and the project is a
35qualified rehabilitation project under the program.
-1207- 1e. (1) The authority may charge application and other fees
2to eligible taxpayers who apply to participate in the program.
3The amount of such fees shall be determined based on the costs
4of to the authority and the department associated with of
5 administering the program.
6(2) Fees collected by the authority pursuant to this
7paragraph shall be deposited with the authority notwithstanding
8section 303.9, subsection 1.
9(3) A portion of the fees collected shall be directed by the
10authority to the department.
11 Sec. 2121. Section 404A.3, subsection 3, paragraph b,
12subparagraph (2), Code 2023, is amended to read as follows:
13(2) The rehabilitation work to be performed. An eligible
14taxpayer shall perform the rehabilitation work consistent with
15the United States secretary of the interior’s standards for
16rehabilitation, as determined by the department authority.
17 Sec. 2122. Section 404A.3, subsection 4, paragraph c,
18subparagraph (3), subparagraph division (b), Code 2023, is
19amended to read as follows:
20(b) “Prohibited activity” means a breach or default under
21the agreement with the department authority, the violation
22of any warranty provided by the eligible taxpayer to the
23department authority or the department of revenue, the claiming
24of a tax credit issued under this chapter for expenditures that
25are not qualified rehabilitation expenditures, the violation of
26any requirements of this chapter or rules adopted pursuant to
27this chapter, misrepresentation, fraud, or any other unlawful
28act or omission.
29 Sec. 2123. Section 404A.4, subsection 2, paragraph c, Code
302023, is amended to read as follows:
31c. The amount of a tax credit that was available for
32approval by the state historical preservation office of the
33department of cultural affairs under section 404A.4, Code 2014,
34in a fiscal year beginning on or after July 1, 2010, but before
35July 1, 2014, that was required to be allocated to new projects
-1208-1with final qualified rehabilitation costs of five hundred
2thousand dollars or less, or seven hundred fifty thousand
3dollars or less, as the case may be, and that was not finally
4approved by the state historical preservation office, may be
5awarded under section 404A.3 during the fiscal years beginning
6on or after July 1, 2014, but before July 1, 2016.
7 Sec. 2124. Section 404A.6, Code 2023, is amended to read as
8follows:
9404A.6 Rules.
10The authority, department, and the department of revenue
11shall each adopt rules as necessary for the administration of
12this chapter.
13 Sec. 2125. Section 427.16, subsection 15, Code 2023, is
14amended to read as follows:
1515. The department of cultural affairs economic development
16authority shall adopt rules pursuant to chapter 17A to
17administer this section.
18 Sec. 2126. Section 465A.2, subsection 1, paragraph b,
19unnumbered paragraph 1, Code 2023, is amended to read as
20follows:
21Prepare a statewide, long-range plan for the acquisition
22and protection of significant open space lands throughout
23the state as identified in section 465A.1. The department
24of transportation, department of the economic development
25authority, and department of cultural affairs, private
26organizations, county conservation boards, city park and
27recreation departments, and the federal agencies with lands in
28the state shall be directly involved in preparing the plan.
29The plan shall include, but is not limited to, the following
30elements:
31 Sec. 2127. Section 465B.2, subsection 2, paragraph a, Code
322023, is amended to read as follows:
33a. The state department of transportation may enter
34into contracts for the preparation of the trails plan. The
35department shall involve the department of natural resources,
-1209-1 and the Iowa department of economic development, and the
2department of cultural affairs authority in the preparation of
3the plan. The recommendations and comments of organizations
4representing different types of trail users and others with
5interests in this program shall also be incorporated in the
6preparation of the trails plan and shall be submitted with the
7plan to the general assembly. The plan shall be submitted to
8the general assembly no later than January 15, 1988. Existing
9trail projects involving acquisition or development may receive
10funding prior to the completion of the trails plan.
11 Sec. 2128. Section 465B.3, Code 2023, is amended to read as
12follows:
13465B.3 Involvement of other agencies.
14The department of natural resources, and the economic
15development authority, and the department of cultural
16affairs shall assist the state department of transportation
17in developing the statewide plan for recreation trails, in
18acquiring property, and in the development, promotion, and
19management of recreation trails.
20 Sec. 2129. REPEAL. Sections 303.1, 303.1A, 303.2, and
21303.95, Code 2023, are repealed.
22 Sec. 2130. CODE EDITOR DIRECTIVE.
231. The Code editor is directed to make the following
24transfers:
25a. Section 303.3 to section 15.436.
26b. Section 303.3A to section 15.437.
27c. Section 303.3B to section 15.438.
28d. Section 303.3C to section 15.439.
29e. Section 303.3D to section 15.440.
30f. Section 303.3E to section 15.441.
31g. Section 303.20 to section 15.445.
32h. Section 303.21 to section 15.446.
33i. Section 303.22 to section 15.447.
34j. Section 303.23 to section 15.448.
35k. Section 303.24 to section 15.449.
-1210- 1l. Section 303.25 to section 15.450.
2m. Section 303.26 to section 15.451.
3n. Section 303.27 to section 15.452.
4o. Section 303.28 to section 15.453.
5p. Section 303.29 to section 15.454.
6q. Section 303.30 to section 15.455.
7r. Section 303.31 to section 15.456.
8s. Section 303.32 to section 15.457.
9t. Section 303.33 to section 15.458.
10u. Section 303.34 to section 15.459.
11v. Section 303.86 to section 15.465.
12w. Section 303.87 to section 15.466.
13x. Section 303.88 to section 15.467.
14y. Section 303.89 to section 15.470.
15z. Section 303A.1 to section 15.476.
16aa. Section 303A.2 to section 15.477.
17ab. Section 303A.3 to section 15.478.
18ac. Section 303A.4 to section 15.479.
19ad. Section 303A.5 to section 15.480.
20ae. Section 303A.6 to section 15.481.
21af. Section 303A.7 to section 15.482.
222. The Code editor shall correct internal references in the
23Code and in any enacted legislation as necessary due to the
24enactment of this section.
253. The Code editor shall designate the following new parts
26in subchapter II of chapter 15:
27a. Sections 15.436 through 15.441 as part 26.
28b. Sections 15.445 through 15.459 as part 27.
29c. Sections 15.465 through 15.467 as part 28.
30d. Section 15.470 as part 29.
31e. Sections 15.476 through 15.482 as part 30.
32STATE HISTORIC PRESERVATION OFFICER
33 Sec. 2131. NEW SECTION. 15.121 State historic preservation
34officer.
351. The director shall appoint and the governor shall certify
-1211-1the state historic preservation officer pursuant to federal
2requirements. The recommendations and decisions of the state
3historic preservation officer shall be subject to the review
4and approval of the director of the economic development
5authority.
62. The state historic preservation officer shall conduct
7historic preservation activities pursuant to federal and
8state requirements, including but not limited to all of the
9following:
10a. Identifying and documenting historic properties.
11b. Preparing and maintaining a state register of historic
12places, including those listed on the national register of
13historic places.
14c. Conducting historic preservation activities pursuant to
15federal and state requirements.
16d. Publishing matters of historical value to the public,
17and pursuing historical, architectural, and archaeological
18research and development which may include but are not
19limited to continuing surveys, excavation, scientific
20recording, interpretation, and publication of the historical,
21architectural, archaeological, and cultural sites, buildings,
22and structures in the state.
233. Pursuant to section 103A.42, the state historic
24preservation officer, in response to an adequately documented
25request, shall issue an opinion stating whether a property is
26either included in or appears to meet criteria for inclusion in
27the national register of historic places.
284. Pursuant to section 303.16, subsection 6, paragraph “h”,
29the state historic preservation officer must approve a city or
30county government as a certified local government prior to a
31grant or loan fund award to the city or county government for a
32project in the historic preservation category.
335. Pursuant to section 303.18, the state historic
34preservation officer shall require that a rural electric
35cooperative or a municipal utility that is constructing an
-1212-1electric distribution and transmission facility for which it is
2receiving federal funding conduct an archeological site survey.
36. Pursuant to section 427.16, subsections 4 and 12, the
4state historic preservation officer shall be responsible
5for approving applications for certified substantial
6rehabilitation.
7 Sec. 2132. Section 457A.1, Code 2023, is amended to read as
8follows:
9457A.1 Acquisition by other than condemnation.
10The department of natural resources, soil and water
11conservation districts as provided in chapter 161A, the
12historical division of the department of cultural affairs
13 state historic preservation officer, the state archaeologist
14appointed by the state board of regents pursuant to section
15263B.1, any county conservation board, and any city or agency
16of a city may acquire by purchase, gift, contract, or other
17voluntary means, but not by eminent domain, conservation
18easements in land to preserve scenic beauty, wildlife
19habitat, riparian lands, wetlands, or forests; promote outdoor
20recreation, agriculture, soil or water conservation, or open
21space; or otherwise conserve for the benefit of the public the
22natural beauty, natural and cultural resources, and public
23recreation facilities of the state.
24 Sec. 2133. Section 470.5, Code 2023, is amended to read as
25follows:
26470.5 Exceptions.
27This chapter does not apply to buildings used on January 1,
281980, by the division of adult corrections of the department
29of human services as maximum security detention facilities or
30to the renovation of property nominated to, or entered in the
31national register of historic places, designated by statute, or
32included in an established list of historic places compiled by
33the historical division of the department of cultural affairs
34 state historic preservation officer.
35 Sec. 2134. CODE EDITOR DIRECTIVE.
-1213- 11. The Code editor is directed to make the following
2transfer:
3Section 303.18 to section 15.122.
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.
7IOWA FINANCE AUTHORITY
8 Sec. 2135. Section 7C.4A, subsection 1, paragraph b, Code
92023, is amended to read as follows:
10b. However, at any time during the calendar year the
11executive director of the Iowa finance authority may determine
12that a lesser amount need be allocated to the Iowa finance
13authority and on that date this lesser amount shall be the
14amount allocated to the authority and the excess shall be
15allocated under subsection 7.
16 Sec. 2136. Section 15.106C, subsection 1, Code 2023, is
17amended to read as follows:
181. a. The operations of the authority shall be administered
19by a director who shall be appointed by the governor, subject
20to confirmation by the senate, and who shall serve for a
21four-year term beginning and ending as provided in section
2269.19 at the pleasure of the governor. An appointment by the
23governor to fill a vacancy in the office of the director shall
24be for the balance of the unexpired four-year term.
25b. The director of the economic development authority
26under paragraph “a” shall also serve as the director of, and
27administer the operations of, the Iowa finance authority
28pursuant to section 16.6.
29 Sec. 2137. Section 16.1, Code 2023, is amended by adding the
30following new subsection:
31 NEW SUBSECTION. 6A. “Director” means the director of the
32economic development authority who also serves as the director
33of, and administers the operations of, the Iowa finance
34authority pursuant to section 15.106C, subsection 1, paragraph
35“b”.
-1214-1 Sec. 2138. Section 16.1, subsection 9, Code 2023, is amended
2by striking the subsection.
3 Sec. 2139. Section 16.1A, subsection 5, Code 2023, is
4amended to read as follows:
55. The board may, by resolution, delegate to the
6agricultural development board, title guaranty division
7board, executive director, or other authority employee such
8of its powers, under such terms and conditions, as it deems
9appropriate.
10 Sec. 2140. Section 16.2, subsections 6 and 8, Code 2023, are
11amended to read as follows:
126. Members of the authority and the executive director shall
13give bond as required for public officers in chapter 64.
148. Members shall elect a chairperson and vice chairperson
15annually, and other officers as they the members determine,
16but and the executive director shall serve as secretary to the
17authority.
18 Sec. 2141. Section 16.2A, subsections 1, 5, and 7, Code
192023, are amended to read as follows:
201. A title guaranty division is created within the
21authority. The division may also be referred to as Iowa title
22guaranty. The powers of the division relating to the issuance
23of title guaranties are vested in and shall be exercised by a
24title guaranty division board of five members appointed by the
25governor subject to confirmation by the senate. The membership
26of the title guaranty division board shall include an attorney,
27an abstractor, a real estate broker, a representative of a
28lending institution that engages in mortgage lending, and
29a representative of the housing development industry. The
30executive director of the authority shall appoint an attorney
31as director of the title guaranty division, who shall serve
32as an ex officio member of the title guaranty division board.
33The appointment of and compensation for the division director
34are exempt from the merit system provisions of chapter 8A,
35subchapter IV.
-1215- 15. Members of the title guaranty division board and the
2director of the title guaranty division shall give bond as
3required for public officers in chapter 64.
47. Members shall elect a chair and vice chair annually and
5other officers as they the members determine. The executive
6 director or the executive director’s designee shall serve as
7secretary to the title guaranty division board.
8 Sec. 2142. Section 16.2B, subsection 2, Code 2023, is
9amended to read as follows:
102. The agricultural development division shall be
11administered in accordance with the policies of the
12agricultural development board created in section 16.2C.
13The executive director of the authority may organize the
14agricultural development division and employ necessary
15qualified personnel to administer subchapter VIII.
16 Sec. 2143. Section 16.2C, subsection 3, Code 2023, is
17amended to read as follows:
183. The agricultural development board consists of five
19members appointed by the governor subject to confirmation by
20the senate. The executive director of the authority or the
21executive director’s designee shall serve as an ex officio,
22nonvoting member.
23 Sec. 2144. Section 16.2C, subsection 5, paragraph c, Code
242023, is amended to read as follows:
25c. The appointed members shall elect a chairperson and vice
26chairperson annually, and other officers as they the members
27 determine. The executive director of the authority or the
28executive director’s designee shall serve as secretary to the
29board.
30 Sec. 2145. Section 16.2D, subsection 2, paragraph b,
31subparagraph (8), Code 2023, is amended to read as follows:
32(8) The executive director of the Iowa finance authority or
33the executive director’s designee.
34 Sec. 2146. Section 16.5, subsection 4, Code 2023, is amended
35to read as follows:
-1216- 14. Notwithstanding any other provision of law, the
2authority may elect whether to utilize any or all of the goods
3or services available from other state agencies in the conduct
4of its affairs. Departments, boards, commissions, or other
5agencies of the state shall provide reasonable assistance and
6services to the authority upon the request of the executive
7 director.
8 Sec. 2147. Section 16.6, Code 2023, is amended to read as
9follows:
1016.6 Executive director Director — responsibilities.
111. The governor, subject to confirmation by the senate,
12shall appoint an executive director of the authority, who
13shall serve at the pleasure of the governor. The executive
14director shall be selected primarily for administrative
15ability and knowledge in the field, without regard to political
16affiliation. The director of the economic development
17authority shall also serve as the director of, and administer
18the operations of, the authority pursuant to section 15.106C,
19subsection 1, paragraph “b”. The executive director shall not,
20directly or indirectly, exert influence to induce any other
21officers or employees of the state to adopt a political view,
22or to favor a political candidate for office.
232. The executive director shall advise the authority on
24matters relating to housing and housing finance, carry out
25all directives from the authority, and hire and supervise the
26authority’s staff pursuant to its the authority’s directions.
27All employees of the authority are exempt from the merit system
28provisions of chapter 8A, subchapter IV.
293. The executive director, as secretary of the authority,
30shall keep a record of the proceedings of the authority and
31shall be custodian of all books, documents, and papers filed
32with the authority and of its minute book and seal. The
33executive director shall have authority to cause to be made
34copies of all minutes and other records and documents of the
35authority and to give certificates under the seal of the
-1217-1authority to the effect that such copies are true copies and
2all persons dealing with the authority may rely upon such
3certificates.
44. The executive director may establish administrative
5divisions within the authority in order to most efficiently
6and effectively carry out the authority’s responsibilities,
7provided that any creation or modification of authority
8divisions be established only after consultation with the board
9of the authority.
10 Sec. 2148. Section 16.13, subsection 2, paragraph a, Code
112023, is amended to read as follows:
12a. If a member or employee of the authority other than the
13executive director of the authority has an interest, either
14direct or indirect, in a contract to which the authority is,
15or is to be, a party, or in a mortgage lender requesting a loan
16from, or offering to sell mortgage loans to, the authority,
17the interest shall be disclosed to the authority in writing
18and shall be set forth in the minutes of the authority. The
19member or employee having the interest shall not participate
20in any action of the authority with respect to that contract
21or mortgage lender.
22 Sec. 2149. Section 16.13, subsections 3 and 4, Code 2023,
23are amended to read as follows:
243. Nothing in this section shall be deemed to limit the
25right of a member, officer, or employee of the authority to
26acquire an interest in bonds or notes of the authority or to
27limit the right of a member, officer, or employee other than
28the executive director to have an interest in a financial
29institution, including a lending institution, in which the
30funds of the authority are, or are to be, deposited or which
31is, or is to be, acting as trustee or paying agent under a trust
32indenture to which the authority is a party.
334. The executive director shall not have an interest in
34a financial institution, including a lending institution, in
35which the funds of the authority are, or are to be, deposited
-1218-1or which is, or is to be, acting as trustee or paying agent
2under a trust indenture to which the authority is a party. The
3executive director shall not receive, in addition to fixed
4salary or compensation, any money or valuable thing, either
5directly or indirectly, or through any substantial interest
6in any other corporation or business unit, for negotiating,
7procuring, recommending, or aiding in any purchase or sale
8of property, or loan, made by the authority, nor shall the
9executive director be pecuniarily interested, either as
10principal, coprincipal, agent, or beneficiary, either directly
11or indirectly, or through any substantial interest in any other
12corporation or business unit, in any such purchase, sale, or
13loan.
14 Sec. 2150. Section 16.57A, subsection 2, Code 2023, is
15amended to read as follows:
162. Notwithstanding section 8.39, and any other law to
17the contrary, with the prior written consent and approval of
18the governor, the executive director of the authority may
19transfer any unobligated and unencumbered moneys in any fund
20created pursuant to section 16.5, subsection 1, paragraph “s”,
21for deposit in the disaster recovery housing assistance fund
22created in section 16.57B. The prior written consent and
23approval of the director of the department of management shall
24not be required to transfer the unobligated and unencumbered
25moneys.
26 Sec. 2151. Section 16.134, subsection 9, paragraph b,
27subparagraph (3), Code 2023, is amended to read as follows:
28(3) The executive director of the authority or the executive
29 director’s designee.
30 Sec. 2152. Section 16.134, subsection 10, paragraph a, Code
312023, is amended to read as follows:
32a. A water quality financing review committee is created
33consisting of the secretary of agriculture or the secretary’s
34designee, the executive director of the authority or the
35executive director’s designee, and the director of the
-1219-1department of natural resources or the director’s designee.
2 Sec. 2153. Section 257C.7, Code 2023, is amended to read as
3follows:
4257C.7 Staff.
5The executive director and staff of the Iowa finance
6authority, pursuant to chapter 16, shall also serve as
7executive director and staff of the advance funding authority,
8respectively. The executive director shall not, directly or
9indirectly, exert influence to induce any other officers or
10employees of the state to adopt a political view, or to favor a
11political candidate for office.
12 Sec. 2154. Section 257C.12, subsections 1 and 3, Code 2023,
13are amended to read as follows:
141. If a member or employee other than the executive
15 director of the authority has an interest, either direct or
16indirect, in a contract to which the authority is or is to be
17a party, the interest shall be disclosed to the authority in
18writing and shall be set forth in the minutes of a meeting
19of the authority. The member having the interest shall
20not participate in action by the board with respect to that
21contract.
223. The executive director shall not have an interest in
23a bank or other financial institution in which the funds of
24the authority are deposited or which is acting as trustee or
25paying agent under a trust indenture to which the authority is
26a party. The executive director shall not receive, in addition
27to fixed salary or compensation, any money or valuable thing,
28either directly or indirectly, or through any substantial
29interest in any other corporation or business unit, for
30negotiating, procuring, recommending, or aiding in any loan
31made by the authority, nor shall the executive director be
32pecuniarily interested, either as principal, co-principal,
33agent, or beneficiary, either directly or indirectly or through
34any substantial interest in any other corporation or business
35unit, in any loan.
-1220-1 Sec. 2155. Section 418.5, subsection 2, paragraph f, Code
22023, is amended to read as follows:
3f. The executive director of the Iowa finance authority or
4the executive director’s designee.
5 Sec. 2156. Section 466B.3, subsection 4, paragraph j, Code
62023, is amended to read as follows:
7j. The executive director of the Iowa finance authority or
8the executive director’s designee.
9DIVISION VI
10ECONOMIC DEVELOPMENT AUTHORITY — PARTNER STATE PROGRAM
11 Sec. 2157. NEW SECTION. 15.421 Partner state program.
121. a. A partner state program is created which shall be
13administered by the authority. The purpose of the partner
14state program is to establish and maintain relationships
15between the state and foreign countries, provinces, states,
16regions, oblasts, municipalities, districts, divisions,
17counties, prefectures, towns, cities, villages, boroughs,
18and any other similar political subdivisions to facilitate
19mutually beneficial exchanges, collaboration, and cooperation
20with regard to agriculture, culture, education, manufacturing,
21science and technology, sports and recreation, tourism, and the
22arts.
23b. A partner state relationship must be formalized in a
24partner state agreement approved by the governor.
25c. A partner state agreement may be modified or terminated
26only with the approval of the governor.
272. a. A partner state program fund is created in the state
28treasury under the control of the authority and consisting of
29any moneys appropriated to the fund by the general assembly
30and any other moneys available and obtained or accepted by the
31authority for placement in the fund. The fund shall be used
32to administer the partner state program. The authority shall
33use any moneys specifically appropriated for purposes of this
34section only for the purposes of this section.
35b. Notwithstanding section 12C.7, subsection 2, interest
-1221-1or earnings on moneys in the fund shall accrue to the
2authority and shall be used for purposes of this section.
3Notwithstanding section 8.33, moneys in the fund at the end of
4each fiscal year shall not revert to any other fund but shall
5remain in the fund for expenditure for subsequent fiscal years.
6 Sec. 2158. EFFECTIVE DATE. This division of this Act, being
7deemed of immediate importance, takes effect upon enactment.
8 Sec. 2159. APPLICABILITY. This division of this Act applies
9to all of the following:
101. Sister state agreements entered into by the state before
11the effective date of this division of this Act including
12agreements with the following:
13a. China, Hebei Province.
14b. Italy, Veneto Region.
15c. Japan, Yamanashi Prefecture.
16d. Republic of Kosovo.
17e. Mexico, Yucatan.
18f. Taiwan.
19g. Ukraine, Cherkasy Oblast.
202. Partner state agreement entered into by the state on or
21after the effective date of this division of this Act.
22DIVISION VII
23PUBLIC EMPLOYMENT RELATIONS BOARD
24 Sec. 2160. Section 7E.6, subsection 5, Code 2023, is amended
25to read as follows:
265. Any position of membership on the board of parole, the
27public employment relations board, the utilities board, the
28employment appeal board, and the property assessment appeal
29board shall be compensated as otherwise provided in law.
30 Sec. 2161. Section 20.1, subsection 2, paragraph g, Code
312023, is amended by striking the paragraph.
32 Sec. 2162. Section 20.5, Code 2023, is amended to read as
33follows:
3420.5 Public employment relations board.
351. There is established a board to be known as the “Public
-1222-1Employment Relations Board”.
2a. The board shall consist of three members appointed by the
3governor, subject to confirmation by the senate. In selecting
4the members of the board, consideration shall be given to
5their knowledge, ability, and experience in the field of
6labor-management relations. No more than two members shall be
7of the same political affiliation, and no member shall engage
8in any political activity while holding office and the members
9shall devote full time to their duties.
10b. The members shall be appointed for staggered terms of
11four years beginning and ending as provided in section 69.19.
12c. The member first appointed for a term of four years shall
13serve as chairperson and each of the member’s successors shall
14also serve as chairperson.
15d. Any vacancy occurring shall be filled in the same manner
16as regular appointments are made.
172. The governor shall appoint an executive director of the
18board, subject to confirmation by the senate, who shall serve
19at the pleasure of the governor. The executive director shall
20serve as the executive officer of the board. In selecting
21the executive director, consideration shall be given to the
22person’s knowledge, ability, and experience in the field of
23labor-management relations. The governor shall set the salary
24of the executive director within the applicable salary range
25established by the general assembly.
262. 3. The board may employ such persons as are necessary
27for the performance of its functions. Personnel of the board
28shall be employed pursuant to the provisions of chapter 8A,
29subchapter IV.
303. 4. The chairperson and the remaining two members
31shall be compensated as provided in section 7E.6, subsection
325. Members of the board and employees of the board shall
33be allowed their actual and necessary expenses incurred in
34the performance of their duties and may be entitled to per
35diem compensation as authorized under section 7E.6. All
-1223-1expenses and salaries shall be paid from appropriations for
2such purposes and the board shall be subject to the budget
3requirements of chapter 8.
45. The board shall meet at least quarterly and at the call
5of the chairperson.
6 Sec. 2163. Section 20.6, subsection 1, Code 2023, is amended
7to read as follows:
81. Administer the provisions of this chapter and delegate
9the powers and duties of the board to the executive director or
10persons employed by the board, as appropriate.
11 Sec. 2164. Section 20.11, subsection 5, Code 2023, is
12amended to read as follows:
135. The board’s review of proposed decisions and the
14rehearing or judicial review of final decisions is governed by
15the provisions of chapter 17A.
16 Sec. 2165. Section 20.13, subsection 3, Code 2023, is
17amended by striking the subsection.
18 Sec. 2166. NEW SECTION. 20.34 Judicial review.
19Notwithstanding chapter 17A, in a petition for judicial
20review of a decision of the board in a contested case under
21this chapter, the opposing party shall be named the respondent,
22and the board shall not be named as a respondent. Judicial
23review of agency action by the board under this chapter is not
24subject to chapter 17A.
25DIVISION VIII
26DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT
27 Sec. 2167. Section 16.57B, subsection 4, Code 2023, is
28amended to read as follows:
294. Registration required. To be considered for a forgivable
30loan or grant under the program, a homeowner or renter must
31register for the disaster case management advocacy program
32established pursuant to section 29C.20B. The disaster case
33manager may refer the homeowner or renter to the appropriate
34local program administrator.
35 Sec. 2168. Section 29C.8, subsection 1, Code 2023, is
-1224-1amended to read as follows:
21. The department of homeland security and emergency
3management shall be under the management of a director who
4shall be appointed by the governor, subject to confirmation
5by the senate, and who shall serve at the pleasure of the
6governor.
7 Sec. 2169. Section 29C.20A, subsections 2, 4, and 5, Code
82023, are amended to read as follows:
92. The grant funds shall be administered by the department
10of human services. The department shall adopt rules to create
11the Iowa disaster aid individual assistance grant program. The
12rules shall specify the eligibility of applicants and eligible
13items for grant funding. The executive council shall use
14grant funds to reimburse the department of human services for
15its actual expenses associated with the administration of the
16grants. The department of human services may implement an
17ongoing contract with a provider or providers of a statewide
18program with local offices throughout the state to serve as the
19local administrative entity for the grant program so that the
20program can be implemented with minimal delay when a disaster
21occurs in a local area. The rules adopted by the department
22of human services for the program shall include but are not
23limited to all of the following:
24a. If a local administrative entity is under contract with
25the state to provide other services or is implementing a state
26or federal program and the contract contains a sufficient
27surety bond or other adequate financial responsibility
28provision, the department shall accept the existing surety
29bond or financial responsibility provision in lieu of applying
30a new or additional surety bond or financial responsibility
31requirement.
32b. If the president of the United States has declared a
33major disaster to exist in this state and federal aid is made
34available to provide assistance grants to individuals similar
35to that provided by the Iowa disaster aid individual assistance
-1225-1grant program, the Iowa program shall be discontinued.
2c. Authorization for the local administrative entity to draw
3grant funding to pay valid claims on at least a weekly basis.
44. A recipient of grant funding shall receive reimbursement
5for expenses upon presenting a receipt for an eligible expense
6or shall receive a voucher through a voucher system developed
7by the department of human services and administered locally
8within the designated disaster area. A voucher system shall
9ensure sufficient data collection to discourage and prevent
10fraud. The department shall consult with long-term disaster
11recovery committees and disaster recovery case management
12committees in developing a voucher system.
135. The department of human services shall submit an annual
14report, by January 1 of each year, to the legislative fiscal
15committee and the general assembly’s standing committees on
16government oversight concerning the activities of the grant
17program in the previous fiscal year.
18 Sec. 2170. Section 29C.20B, Code 2023, is amended to read
19as follows:
2029C.20B Disaster case management advocacy grant fund and
21program.
221. a. A disaster case management advocacy grant fund is
23created in the state treasury for the use of the executive
24council. Moneys in the fund shall be expended if grants are
25awarded pursuant to section 29C.20A available following the
26governor’s proclamation of a state of disaster emergency or the
27declaration of a major disaster by the president of the United
28States.
29b. The executive council may make financial grants to
30meet disaster-related case management advocacy needs of
31disaster-affected individuals. The aggregate total of grants
32awarded shall not be more than one million dollars during a
33fiscal year. However, within the same fiscal year, additional
34funds may be specifically authorized by the executive council
35to meet additional needs. Upon request of the department of
-1226-1human services, the executive council may make available up to
2one hundred thousand dollars, or so much as is necessary, for
3contract entity staff support and case management training.
4c. The department of human services shall work with the
5department of homeland security and emergency management
6and, as selected by the department of human services, a
7representative representatives of selected nonprofit,
8voluntary, and faith-based organizations active in disaster
9recovery and response to establish a statewide system of
10disaster case management advocacy to be activated following
11the governor’s proclamation of a disaster emergency or the
12declaration of a major disaster by the president of the United
13States for individual assistance purposes.
142. The department of human services shall administer
15disaster case management advocacy grants. The department
16of human services, in conjunction with the department of
17homeland security and emergency management, shall establish
18a disaster case management advocacy program and adopt rules
19pursuant to chapter 17A necessary to administer the program.
20The executive council shall use grant moneys to reimburse the
21department of human services for actual expenses associated
22with the administration of the grants. Under the program, the
23department of human services shall coordinate case management
24 advocacy services locally through one or more contracted
25entities. The department of human services shall may implement
26an ongoing contract with a provider of a statewide program
27with local offices throughout the state to serve as the
28local administrative entity for the grant program to allow
29implementation of the program with minimal delay if grants are
30awarded pursuant to section 29C.20A following a governor’s
31proclamation of a state of disaster emergency or a declaration
32of a major disaster by the president of the United States.
333. The department of human services, in conjunction with the
34department of homeland security and emergency management and
35a representative in consultation with representatives of the
-1227-1Iowa voluntary organizations active in disaster, shall adopt
2rules pursuant to chapter 17A to create coordination mechanisms
3and standards for the establishment and implementation of
4a statewide system of disaster case management advocacy.
5The rules adopted by the department of human services for
6the program shall include but are not limited to all of the
7following:
8a. If a local administrative entity is under contract with
9the state to provide other services or is implementing a state
10or federal program and the contract contains a sufficient
11surety bond or other adequate financial responsibility
12provisions, the department shall accept the existing surety
13bond or financial responsibility provisions in lieu of applying
14a new or additional surety bond or financial responsibility
15requirement.
16b. Authorization for the local administrative entity to draw
17down grant funding to pay valid claims on at least a weekly
18basis.
19c. Disaster case management advocacy standards.
20d. Disaster case management advocacy policies.
21e. Reporting requirements.
22f. Eligibility criteria.
23g. Coordination mechanisms necessary to carry out the
24services provided.
25h. Development of formal working relationships with agencies
26and creation of interagency agreements for those considered to
27provide disaster case management advocacy services.
28i. Establishment of nonduplication of benefits policies and
29mechanisms for the exchange of information between agencies to
30ensure compliance with the federal Health Insurance Portability
31and Accountability Act of 1996, Pub.L. No.104-191, 110 Stat.
321936 (1996).
33j. Referral to all known available services for individuals
34from multiple agencies in coordinated service locations.
354. By January 1 of each year, the department of human
-1228-1services shall submit an annual written report to the
2legislative fiscal committee and the general assembly’s
3standing committees on government oversight concerning the
4activities of the grant program during the previous fiscal
5year.
6DIVISION IX
7DEPARTMENT OF VETERANS AFFAIRS
8 Sec. 2171. Section 7E.5, subsection 1, paragraph v, Code
92023, is amended to read as follows:
10v. The department of veterans affairs. However, the
11commission of veterans affairs created in section 35A.2 shall
12have created in section 35A.4, which has primary responsibility
13for state veterans affairs.
14 Sec. 2172. Section 11.5B, subsection 7, Code 2023, is
15amended to read as follows:
167. Iowa veterans home Department of veterans affairs.
17 Sec. 2173. Section 16.2D, subsection 2, paragraph b,
18subparagraph (9), Code 2023, is amended to read as follows:
19(9) The director commandant of the department of veterans
20affairs or the director’s commandant’s designee.
21 Sec. 2174. Section 35A.1, subsection 1, Code 2023, is
22amended to read as follows:
231. “Commandant” means the commandant of the Iowa veterans
24home appointed in section 35D.13 appointed pursuant to section
2535A.8.
26 Sec. 2175. Section 35A.1, subsection 5, Code 2023, is
27amended by striking the subsection.
28 Sec. 2176. Section 35A.2, subsections 1 and 3, Code 2023,
29are amended to read as follows:
301. A commission of veterans affairs is created consisting of
31eleven persons who shall be appointed by the governor, subject
32to confirmation by the senate. Members shall be appointed to
33staggered terms of four years beginning and ending as provided
34in section 69.19. The governor shall fill a vacancy for the
35unexpired portion of the term. In addition to the members
-1229-1appointed by the governor, the director of the department and
2 the commandant of the Iowa veterans home shall serve as a
3 nonvoting, ex officio members member of the commission.
43. a. The commissioners are entitled to receive
5reimbursement for actual expenses incurred while engaged in the
6performance of official duties. Each member of the commission
7may also be eligible to receive compensation as provided in
8section 7E.6.
9b. The executive director, commandant, and employees of the
10department and the Iowa veterans home are entitled to receive,
11in addition to salary, reimbursement for actual expenses
12incurred while engaged in the performance of official duties.
13c. All out-of-state travel by commissioners shall be
14approved by the chairperson of the commission.
15 Sec. 2177. Section 35A.3, subsection 4, Code 2023, is
16amended by striking the subsection and inserting in lieu
17thereof the following:
184. Review and approve applications for distributions
19of moneys from the veterans license fee fund pursuant to
20section 35A.11 and the veterans trust fund pursuant to section
2135A.13 for the benefit of veterans, spouses of veterans, and
22dependents of veterans.
23 Sec. 2178. Section 35A.4, Code 2023, is amended to read as
24follows:
2535A.4 Department established.
26There is established an Iowa department of veterans affairs
27which shall consist of a commandant, a commission, an executive
28director, and any additional personnel as employed by the
29executive director commandant.
30 Sec. 2179. Section 35A.5, subsection 10, paragraph d, Code
312023, is amended to read as follows:
32d. The department through the director commandant shall have
33the authority to accept suitable cemetery land, in accordance
34with federal veterans cemetery grant guidelines, from the
35federal government, state government, state subdivisions,
-1230-1private sources, and any other source wishing to transfer land
2for use as a veterans cemetery.
3 Sec. 2180. Section 35A.5, subsection 12, Code 2023, is
4amended to read as follows:
512. Adopt rules pursuant to chapter 17A and establish policy
6for the management and operation of the department, for the
7facilitation of programs under the department’s authority, and
8for the performance of duties established under this section.
9Prior to adopting rules, the department shall submit proposed
10rules to the commission for review and approval pursuant to the
11requirements of section 35A.3.
12 Sec. 2181. Section 35A.8, Code 2023, is amended to read as
13follows:
1435A.8 Executive director Commandant — term — duties.
151. The governor shall appoint an executive director a
16commandant, subject to confirmation by the senate, who shall
17serve at the pleasure of the governor. The executive director
18 commandant is responsible for administering the duties of the
19department and the commission other than those related to the
20Iowa veterans home.
212. The executive director commandant shall be a resident
22of the state of Iowa and an honorably discharged veteran who
23served in the armed forces of the United States during a
24conflict or war. As used in this section, the dates of service
25in a conflict or war shall coincide with the dates of service
26established by the Congress of the United States.
273. Except for the employment duties and responsibilities
28assigned to the commandant for the Iowa veterans home, the
29executive director The commandant shall employ such personnel
30as are necessary for the performance of the duties and
31responsibilities assigned to the department and the commission.
32All employees shall be selected on a basis of fitness for
33the work to be performed with due regard to training and
34experience and shall be subject to the provisions of chapter
358A, subchapter IV.
-1231-1 Sec. 2182. Section 35D.1, subsection 2, Code 2023, is
2amended to read as follows:
32. As used in this chapter:
4a. “Commandant” means the commandant of the Iowa veterans
5home appointed pursuant to section 35D.13 35A.8.
6b. “Commission” means the commission of veterans affairs
7established in section 35A.2.
8c. “Department” means the department of veterans affairs
9established in section 35A.4.
10c. d. “Member” means a patient or resident of the home.
11 Sec. 2183. Section 35D.5, Code 2023, is amended to read as
12follows:
1335D.5 Surviving spouses of veterans.
14If a deceased veteran, who would be entitled to admission
15to the home if the deceased veteran were living, has left a
16surviving spouse, the spouse is entitled to admission to the
17home with the same rights, privileges, and benefits as if the
18veteran were living and a member of the home, if the spouse
19was married to the veteran for at least one year immediately
20prior to the veteran’s death, is found by the commandant
21 department to be disabled, meets the qualifications for nursing
22or residential level of care, and is a resident of the state of
23Iowa on the date of the application and immediately preceding
24the date the application is accepted.
25 Sec. 2184. Section 35D.7, Code 2023, is amended to read as
26follows:
2735D.7 Contributing to own support.
281. Except as otherwise provided in chapter 249A and other
29provisions of this chapter, a member of the home who receives
30a pension, compensation, or gratuity from the United States
31government, or income from any source of more than one hundred
32forty dollars per month, shall contribute to the member’s own
33maintenance or support while a member of the home. The amount
34of the contribution and the method of collection shall be
35determined by the commandant department, but the amount shall
-1232-1in no case exceed the actual cost of keeping and maintaining
2the person in the home.
32. Sums paid to and received by the commandant department
4 for the support of members of the home shall be considered
5repayment receipts as defined in section 8.2 and credited to
6the Iowa veterans home account referred to in section 35D.18,
7subsection 3.
83. The commandant department may allow any member of the
9home to render assistance in the care of the home and its
10grounds as the member’s psychosocial and physical condition
11permit, as a phase of that member’s rehabilitation program.
12The commandant department shall compensate each member who
13furnishes assistance at rates approved by the commission.
14 Sec. 2185. Section 35D.10, Code 2023, is amended to read as
15follows:
1635D.10 Payment to spouse.
17Except as otherwise provided in chapter 249A and other
18provisions of this chapter, a member of the home who receives a
19pension or compensation and who has a spouse shall deposit with
20the commandant department on receipt of the member’s pension or
21compensation check one-half of its amount, which shall be sent
22by the eighth day of the month or at once if any such pension
23or compensation is received after the eighth day of the month
24to the spouse.
25 Sec. 2186. Section 35D.11, Code 2023, is amended to read as
26follows:
2735D.11 Handling of pension money and other funds.
281. Pension money deposited with the commandant department
29 is not assignable for any purpose except as provided in section
3035D.10, or in accordance with subsection 2 of this section.
312. The commandant department, if authorized by a member of
32the home, and pursuant to policies adopted by the commission,
33may act on behalf of that member in receiving, disbursing, and
34accounting for personal funds of the member received from any
35source. The authorization may be given by the member at any
-1233-1time and shall not be a condition of admission to the home.
2 Sec. 2187. Section 35D.12, Code 2023, is amended to read as
3follows:
435D.12 Bank account for members’ deposits.
51. a. The Iowa veterans home, for the convenience of its
6members, may maintain a commercial account with a federally
7insured bank for the individual personal deposits of its
8members. The account shall be known as the Iowa veterans
9home membership account. The commandant department shall
10record each member’s personal deposits individually and shall
11deposit the funds in the membership account, where the members’
12deposits shall be held in the aggregate.
13b. The Iowa veterans home may withdraw moneys from the
14account maintained pursuant to this subsection to establish
15certificates of deposit for the benefit of all members. The
16commission department shall adopt rules pursuant to chapter 17A
17for the administration of this paragraph.
182. The commandant department, if authorized by a member of
19the home, and pursuant to policies adopted by the commission,
20may make withdrawals against that member’s personal account to
21pay regular bills and other expenses incurred by the member.
22The authorization may be given by the member at any time and
23shall not be a condition of admission to the home.
24 Sec. 2188. Section 35D.15, subsection 1, Code 2023, is
25amended to read as follows:
261. The commandant shall administer and enforce all rules
27adopted by the commission, including rules of discipline and,
28subject to these rules, may immediately suspend the membership
29of and discharge any person from the home for infraction of
30the rules when the commandant department determines that the
31health, safety, or welfare of the residents of the home is in
32immediate danger and other reasonable alternatives have been
33exhausted. The suspension and discharge are temporary pending
34action by the commission. Judicial review of the action of the
35commission may be sought in accordance with chapter 17A.
-1234-1 Sec. 2189. Section 35D.15, subsection 2, paragraphs a, b, d,
2and f, Code 2023, are amended to read as follows:
3a. The commandant department shall, with the input
4and recommendation of the interdisciplinary resident care
5committee, involuntarily discharge a member for any of the
6following reasons:
7(1) (a) The member has been diagnosed with a substance use
8disorder but continues to abuse alcohol or an illegal drug in
9violation of the member’s conditional or provisional agreement
10entered into at the time of admission, and all of the following
11conditions are met:
12(i) The member has been provided sufficient notice of any
13changes in the member’s collaborative care plan.
14(ii) The member has been notified of the member’s commission
15of three offenses and has been given the opportunity to correct
16the behavior through either of the following options:
17(A) Being given the opportunity to receive the appropriate
18level of treatment in accordance with best practices for
19standards of care.
20(B) By having been placed on probation by the Iowa veterans
21home for a second offense.
22(b) Notwithstanding the member’s meeting the criteria
23for discharge under this subparagraph (1), if the member
24has demonstrated progress toward the goals established in
25the member’s collaborative care plan, the interdisciplinary
26resident care committee and the commandant department may
27exercise discretion regarding the discharge. Notwithstanding
28any provision to the contrary, the member may be immediately
29discharged under this subparagraph (1) if the member’s actions
30or behavior jeopardizes the life or safety of other members or
31staff.
32(2) (a) The member refuses to utilize the resources
33available to address issues identified in the member’s
34collaborative care plan, and all of the following conditions
35are met:
-1235- 1(i) The member has been provided sufficient notice of any
2changes in the member’s collaborative care plan.
3(ii) The member has been notified of the member’s commission
4of three offenses and the member has been placed on probation
5by the Iowa veterans home for a second offense.
6(b) Notwithstanding the member’s meeting the criteria
7for discharge under this subparagraph (2), if the member
8has demonstrated progress toward the goals established in
9the member’s collaborative care plan, the interdisciplinary
10resident care committee and the commandant department may
11exercise discretion regarding the discharge. Notwithstanding
12any provision to the contrary, the member may be immediately
13discharged if the member’s actions or behavior jeopardizes the
14life or safety of other members or staff.
15(3) The member no longer requires a residential or nursing
16level of care, as determined by the interdisciplinary resident
17care committee.
18(4) The member requires a level of licensed care not
19provided at the Iowa veterans home.
20b. (1) If a member is discharged under this subsection,
21the discharge plan shall include placement in a suitable
22living situation which may include but is not limited to
23a transitional living program approved by the commission
24or a living program provided by the United States veterans
25administration.
26(2) If a member is involuntarily discharged under this
27subsection, the commission department shall, to the greatest
28extent possible, ensure against the veteran being homeless and
29ensure that the domicile to which the veteran is discharged is
30fit and habitable and offers a safe and clean environment which
31is free from health hazards and provides appropriate heating,
32ventilation, and protection from the elements.
33d. Annually, by the fourth Monday of each session of the
34general assembly, the commandant department shall submit a
35report to the veterans affairs committees of the senate and
-1236-1house of representatives specifying the number, circumstances,
2and placement of each member involuntarily discharged from the
3Iowa veterans home under this subsection during the previous
4calendar year.
5f. Any involuntary discharge by the commandant department
6 under this subsection shall comply with the rules adopted by
7the commission under this subsection and by the department of
8inspections and appeals pursuant to section 135C.14, subsection
98, paragraph “f”.
10 Sec. 2190. Section 35D.17, Code 2023, is amended to read as
11follows:
1235D.17 Report by commandant department.
13The commandant department shall, biennially, make a full
14and detailed report to the governor, the commission, and the
15general assembly, showing the condition of the home, the
16number of members in the Iowa veterans home, the order and
17discipline enforced, and the needs of the home financially and
18otherwise, together with an itemized statement of all receipts
19and disbursements and any other matters of importance in the
20management and control of the Iowa veterans home.
21 Sec. 2191. REPEAL. Sections 35D.13 and 35D.14, Code 2023,
22are repealed.
23DIVISION X
24OFFICE OF DRUG CONTROL POLICY
25 Sec. 2192. Section 80.4, subsection 1, Code 2023, is amended
26by adding the following new paragraph:
27 NEW PARAGRAPH. g. Office of drug control policy.
28 Sec. 2193. Section 80.5, Code 2023, is amended by adding the
29following new subsection:
30 NEW SUBSECTION. 10. The department shall receive and review
31the budget submitted by the drug policy director and assist the
32drug policy director in directing the office of drug control
33policy pursuant to section 80E.1.
34 Sec. 2194. Section 80E.1, Code 2023, is amended to read as
35follows:
-1237- 180E.1 Drug policy coordinator director.
21. The office of drug control policy is established in
3the department of public safety.A drug policy coordinator
4 director shall be appointed by the governor, subject to
5confirmation by the senate, and shall serve at the pleasure of
6the governor commissioner of the department of public safety.
7The governor shall fill a vacancy in the office in the same
8manner as the original appointment was made. The coordinator
9 director shall be selected primarily for administrative
10ability. The coordinator director shall not be selected on
11the basis of political affiliation and shall not engage in
12political activity while holding the office. The salary of the
13coordinator shall be fixed by the governor.
142. The coordinator director shall:
15a. Direct the governor’s office of drug control policy,
16and coordinate and monitor all statewide drug enforcement
17efforts, coordinate and monitor all state and federal substance
18use disorder treatment grants and programs, coordinate and
19monitor all statewide substance abuse use disorder prevention
20and education programs in communities and schools, and engage
21in such other related activities as required by law. The
22coordinator director shall work in coordinating the efforts of
23the department of corrections, the department of education,
24the Iowa department of public health, the department of public
25safety, and the department of health and human services. The
26coordinator director shall assist in the development and
27implementation of local and community strategies to fight
28substance abuse use disorder, including local law enforcement,
29education, and treatment activities.
30b. Submit an annual report to the governor and general
31assembly by November 1 of each year concerning the activities
32and programs of the coordinator director and other departments
33related to drug enforcement, substance use disorder treatment
34programs, and substance abuse use disorder prevention and
35education programs. The report shall include an assessment
-1238-1of needs with respect to programs related to substance use
2disorder treatment and drug enforcement.
3c. Submit an advisory budget recommendation to the governor
4and general assembly concerning enforcement programs, treatment
5programs, and education programs related to drugs within the
6various departments. The coordinator director shall work
7with these departments in developing the departmental budget
8requests to be submitted to the legislative services agency and
9the general assembly.
103. The governor’s office of drug control policy shall be
11an independent office, located at the same location as the
12department of public safety. Administrative support services
13may shall be provided to the governor’s office of drug control
14policy by the department of public safety.
15 Sec. 2195. Section 80E.4, Code 2023, is amended to read as
16follows:
1780E.4 Drug abuse resistance education fund.
18A drug abuse resistance education fund is created as a
19separate fund in the state treasury under the control of the
20governor’s office department of public safety for the office
21 of drug control policy for use by the drug abuse resistance
22education program and other programs with a similar purpose.
23The fund shall consist of appropriations made to the fund
24and transfers of interest, moneys collected from the crime
25services surcharge established in section 911.1, and earnings.
26All moneys in the fund are appropriated to the governor’s
27office of drug control policy department of public safety.
28Notwithstanding section 8.33, any balance in the fund on June
2930 of any fiscal year shall not revert to any other fund of the
30state but shall remain available for the purposes described in
31this section.
32 Sec. 2196. Section 124.101, subsection 22, Code 2023, is
33amended to read as follows:
3422. “Office” means the governor’s office of drug control
35policy, as referred to in section 80E.1.
-1239-1DIVISION XI
2DEPARTMENT OF WORKFORCE DEVELOPMENT
3PRIMARY DEPARTMENT RESPONSIBILITIES
4 Sec. 2197. Section 84A.5, subsection 3, Code 2023, is
5amended to read as follows:
63. The department of workforce development is responsible
7for administration of unemployment compensation benefits
8and collection of employer contributions under chapter 96,
9providing for the delivery of free public employment services
10established pursuant to chapter 96, other job placement and
11training programs established pursuant to section 84A.6,
12employment agencies under chapter 84H, and the delivery of
13services located throughout the state.
14 Sec. 2198. Section 84A.5, subsection 7, Code 2023, is
15amended by adding the following new paragraphs:
16 NEW PARAGRAPH. f. The statewide work-based learning
17intermediary network program under section 84A.16.
18 NEW PARAGRAPH. g. The new jobs training program under
19chapter 260E, in consultation with the community colleges.
20 NEW PARAGRAPH. h. The Iowa jobs training act under chapter
21260F.
22 NEW PARAGRAPH. i. The workforce development fund program
23under chapter 84F.
24 NEW PARAGRAPH. j. The accelerated career education
25program under chapter 260G, in coordination with the community
26colleges.
27 NEW PARAGRAPH. k. The older American community service
28employment program under section 84A.17.
29 NEW PARAGRAPH. l. The apprenticeship training program under
30chapter 84D.
31 NEW PARAGRAPH. m. The future ready Iowa registered
32apprenticeship development program under section 84E.1.
33 NEW PARAGRAPH. n. The future ready Iowa expanded registered
34apprenticeship opportunities program under section 84E.2.
35 NEW PARAGRAPH. o. Adult education and literacy programs
-1240-1under section 84A.19.
2REGIONAL INDUSTRY SECTOR PARTNERSHIPS
3 Sec. 2199. Section 260H.2, subsection 2, paragraph a, Code
42023, is amended to read as follows:
5a. A pathways for academic career and employment fund is
6created for the community colleges in the state treasury to be
7administered by the department of education and the department
8of workforce development. The moneys in the pathways for
9academic career and employment fund are appropriated to the
10department of education for the pathways for academic career
11and employment program.
12 Sec. 2200. Section 260H.7B, Code 2023, is amended to read
13as follows:
14260H.7B Regional industry sector partnerships.
151. A community college and the department of workforce
16development may use moneys for the pathways for academic career
17and employment program to provide staff and support for the
18development and implementation of a regional industry sector
19partnerships partnership within the each region served by
20the each community college. For purposes of this section,
21“community college” means the same as defined in section 260C.2.
222. Regional, A regional industry sector partnerships
23 partnership may include but are engage in but is not limited to
24the following activities:
25a. Bringing together Collaborating with representatives
26from industry sectors, government, education, local workforce
27boards, community-based organizations, labor, economic
28development organizations, and other stakeholders within the
29regional labor market to determine how pathways for academic
30career and employment projects should address workforce skills
31gaps, occupational shortages, and wage gaps.
32b. Integrating pathways for academic career and employment
33projects and other existing supply-side strategies with
34workforce needs within the region served by the community
35college in that region.
-1241- 1c. Developing pathways for academic career and employment
2projects that focus on the workforce skills, from entry level
3to advanced, required by industry sectors within the region
4served by the community college.
5d. Structuring pathways so that instruction and learning of
6 workforce skills are aligned with industry-recognized standards
7where such standards exist.
8 Sec. 2201. Section 260H.8, Code 2023, is amended to read as
9follows:
10260H.8 Rules.
11The department of education, in consultation with the
12community colleges, the economic development authority, and the
13department of workforce development, shall adopt rules pursuant
14to chapter 17A and this chapter to implement the provisions of
15 this chapter. Local workforce development boards established
16pursuant to section 84A.4 shall be consulted in the development
17and implementation of rules to be adopted pursuant to this
18chapter section.
19 Sec. 2202. CODE EDITOR DIRECTIVE.
201. The Code editor is directed to make the following
21transfer:
22Section 260H.7B to section 84A.15.
232. The Code editor shall correct internal references in the
24Code and in any enacted legislation as necessary due to the
25enactment of this section.
26 Sec. 2203. TRANSITION PROVISIONS. A regional industry
27sector partnership entered into by a community college prior
28to the effective date of this division of this Act shall be
29valid and continue per the terms of the agreement between the
30community college and the partnership.
31STATEWIDE WORK-BASED LEARNING INTERMEDIARY NETWORK
32 Sec. 2204. Section 256.40, Code 2023, is amended to read as
33follows:
34256.40 Statewide work-based learning intermediary network —
35fund — steering committee — regional networks.
-1242- 11. A statewide work-based learning intermediary network
2program is established in the department of workforce
3development and shall be administered by the department. A
4separate, statewide work-based learning intermediary network
5fund is created in the state treasury under the control of the
6department of workforce development. The fund shall consist
7of all moneys deposited in the fund, including any moneys
8appropriated by the general assembly and any other moneys
9available to and obtained or accepted by the department of
10workforce development from federal or private sources for
11purposes of the program. Notwithstanding section 8.33, moneys
12in the fund at the end of a fiscal year shall not revert to
13the general fund of the state. Notwithstanding section 12C.7,
14subsection 2, interest or earnings on moneys in the fund shall
15be credited to the fund.
162. The purpose of the program shall be to prepare students
17for the workforce by connecting business and the education
18system facilitating cooperation and collaboration between
19businesses and entities within the state system of education,
20as that state system of education is described in section
21256.1, subsection 1, and offering to offer relevant, work-based
22learning activities to students and teachers. The program
23shall do all of the following:
24a. Better prepare Prepare students to make informed
25postsecondary education and career decisions.
26b. Provide communication and coordination in order to build
27and sustain relationships between employers and local youth,
28the state system of education system, and the community at
29large.
30c. Connect students to local career opportunities within the
31state, creating economic capital for the region state using a
32skilled and available workforce.
33d. Provide a one-stop contact point for information
34useful to both educators and employers, including information
35on related to internships, job shadowing experiences,
-1243-1apprenticeable occupations as defined in section 15B.2,
2and other workplace learning opportunities for students,
3particularly including those related to occupations in
4 science, technology, engineering, or mathematics occupations,
5occupations related to critical infrastructure, and commercial
6and residential construction, or and targeted industries as
7defined in section 15.102.
8e. Integrate services provided through the program with
9other career exploration-related activities, which may include
10but are not limited to the a student’s career and academic
11plans and career information and decision-making systems
12utilized in accordance with under section 279.61.
13f. Facilitate the attainment of portable credentials of
14value to employers such as the national career readiness
15certificate, where appropriate.
16g. Develop work-based capacity with employers.
17h. Provide core services, which may include student job
18shadowing, student internships, and teacher or student tours.
193. a. The department of workforce development shall
20establish and facilitate a steering committee comprised of
21representatives from the department of workforce development
22 education, the economic development authority, the community
23colleges, the institutions under the control of the state board
24of regents, accredited private institutions, area education
25agencies, school districts, the workplace learning connection,
26and an apprenticeship sponsor as defined in section 15B.2. The
27steering committee shall be responsible for the development
28and implementation of the statewide work-based learning
29intermediary network.
304. b. The steering committee shall develop a design for
31a statewide network comprised of fifteen regional work-based
32learning intermediary networks. The design shall include
33network specifications, strategic functions, and desired
34outcomes. The steering committee shall recommend program
35parameters and reporting requirements to the department of
-1244-1workforce development.
25. 4. Each regional network shall establish an advisory
3council to provide advice and assistance to the regional
4network. The advisory council shall include representatives of
5business and industry, including construction trade industry
6professionals, and shall meet at least annually.
76. 5. Each regional network or consortium of networks shall
8annually submit a work-based learning plan to the department of
9workforce development. Each plan shall include provisions to
10provide core services referred to in subsection 2, paragraph
11“h”, to all school districts within the region and for the
12integration of job shadowing and other work-based learning
13activities into secondary career and technical education
14programs.
157. 6. a. Moneys Upon approval by the department of
16workforce development of a region’s work-based learning plan
17submitted pursuant to subsection 5, moneys deposited in the
18statewide work-based learning intermediary network fund created
19in subsection 1 shall be distributed annually by the department
20of workforce development to each region for the implementation
21of the statewide work-based learning intermediary network upon
22approval by the department of the region’s work-based learning
23plan submitted pursuant to subsection 6.
24b. If the balance in the statewide work-based learning
25intermediary network fund on July 1 of a fiscal year is one
26million five hundred thousand dollars or less, the department
27of workforce development shall distribute moneys in the fund to
28regions or consortiums of regions on a competitive basis. If
29the balance in the statewide work-based learning intermediary
30network fund on July 1 of a fiscal year is greater than one
31million five hundred thousand dollars, the department of
32workforce development shall distribute one hundred thousand
33dollars to each region and distribute the remaining moneys
34pursuant to the same formula established for distribution of
35funds by the department of education in section 260C.18C.
-1245- 18. 7. The department of workforce development shall provide
2oversight of the statewide work-based learning intermediary
3network. The department of workforce development shall require
4each region to submit an annual report on its the region’s
5 ongoing implementation of the statewide work-based learning
6intermediary network program to the department.
79. 8. Each regional network shall match the moneys received
8pursuant to subsection 7 6 with financial resources equal to at
9least twenty-five percent of the amount of the moneys received
10pursuant to subsection 7 6. The financial resources used
11to provide the match may include private donations, in-kind
12contributions, or public moneys other than the moneys received
13pursuant to subsection 7 6.
1410. 9. The state board of education department of workforce
15development shall adopt rules under chapter 17A for the
16administration of this section.
17 Sec. 2205. CODE EDITOR DIRECTIVE.
181. The Code editor is directed to make the following
19transfer:
20Section 256.40, as amended in this division of this Act, to
21section 84A.16.
222. The Code editor shall correct internal references in the
23Code and in any enacted legislation as necessary due to the
24enactment of this section.
25INDUSTRIAL NEW JOBS TRAINING
26 Sec. 2206. Section 15A.7, subsection 3, Code 2023, is
27amended to read as follows:
283. That the employer shall agree to pay wages for the jobs
29for which the credit is taken of at least the laborshed wage,
30as calculated by the authority pursuant to section 15.327,
31subsection 15. For purposes of this subsection, “laborshed
32wage” means the wage level represented by those wages within
33two standard deviations from the mean wage within the laborshed
34area in which the eligible business is located, as calculated
35by the department of workforce development by rule, using the
-1246-1most current covered wage and employment data available to
2the department for the laborshed area.Eligibility for the
3supplemental credit shall be based on a one-time determination
4of starting wages by the community college.
5 Sec. 2207. Section 260E.7, Code 2023, is amended to read as
6follows:
7260E.7 Program review by economic development authority
8 department of workforce development.
91. The economic development authority department of
10workforce development, in consultation with the department of
11education, and the department of revenue, and the department
12of workforce development, shall coordinate and review the new
13jobs training program. The economic development authority
14 department of workforce development shall adopt, amend, and
15repeal rules under chapter 17A that the community college will
16use in developing projects with new and expanding industrial
17new jobs training proposals and that the economic development
18authority department of workforce development shall use to
19review and report on the new jobs training program as required
20in this section.
212. a. The authority department of workforce development,
22in consultation with the community colleges participating
23in the new jobs training program pursuant to this chapter,
24shall identify the information necessary to effectively
25coordinate and review the program, and the community colleges
26shall provide such information to the authority department.
27Using the information provided, the authority department, in
28consultation with the community colleges, shall issue a report
29on the effectiveness of the program.
30b. In coordinating and reviewing the program, the department
31of workforce development shall give due regard shall be given
32 to the confidentiality of certain information provided by the
33community colleges, and the authority shall comply with the
34provisions of section 15.118 to the extent that such provisions
35are applicable to the new jobs training program.
-1247- 13. The authority department of workforce development
2 is authorized to make any rule that is adopted, amended,
3or repealed effective immediately upon filing with the
4administrative rules coordinator or at a subsequent stated date
5prior to indexing and publication, or at a stated date less
6than thirty-five days after filing, indexing, and publication.
7 Sec. 2208. Section 403.21, subsections 2 and 3, Code 2023,
8are amended to read as follows:
92. The community college shall send a copy of the final
10agreement prepared pursuant to section 260E.3 to the economic
11development authority department of workforce development.
12For each year in which incremental property taxes are used to
13pay job training certificates issued for a project creating
14new jobs, the community college shall provide to the economic
15development authority department of workforce development
16 a report of the incremental property taxes and new jobs
17credits from withholding generated for that year, a specific
18description of the training conducted, the number of employees
19provided program services under the project, the median
20wage of employees in the new jobs in the project, and the
21administrative costs directly attributable to the project.
223. For each year in which incremental property taxes are
23used to retire debt service on a jobs training advance issued
24for a project creating new jobs, the community college shall
25provide to the economic development authority department of
26workforce development a report of the incremental property
27taxes and new jobs credits from withholding generated for that
28year, a specific description of the training conducted, the
29number of employees provided services under the project, the
30median wage of employees in the new jobs in the project, and
31the administrative costs directly attributable to the project.
32 Sec. 2209. Section 422.16A, Code 2023, is amended to read
33as follows:
34422.16A Job training withholding — certification and
35transfer.
-1248- 1Upon the completion by a business of its repayment
2obligation for a training project funded under chapter 260E,
3including a job training project funded under section 15A.8
4or repaid in whole or in part by the supplemental new jobs
5credit from withholding under section 15A.7 or section 15E.197,
6Code 2014, the sponsoring community college shall report to
7the economic development authority department of workforce
8development the amount of withholding paid by the business
9to the community college during the final twelve months of
10withholding payments. The economic development authority
11 department of workforce development shall notify the department
12of revenue of that amount. The department of revenue shall
13credit to the workforce development fund account established in
14section 15.342A twenty-five percent of that amount each quarter
15for a period of ten years. If the amount of withholding from
16the business or employer is insufficient, the department of
17revenue shall prorate the quarterly amount credited to the
18workforce development fund account. The maximum amount from
19all employers which shall be transferred to the workforce
20development fund account in any year is seven million seven
21hundred fifty thousand dollars.
22 Sec. 2210. CODE EDITOR DIRECTIVE.
231. The Code editor is directed to make the following
24transfers:
25a. Section 15A.7 to section 260J.1.
26b. Section 15A.8 to section 260J.2.
272. The Code editor shall correct internal references in the
28Code and in any enacted legislation as necessary due to the
29enactment of this section.
30JOB TRAINING
31 Sec. 2211. Section 260F.2, subsection 2, Code 2023, is
32amended by striking the subsection.
33 Sec. 2212. Section 260F.2, subsections 4, 5, and 11, Code
342023, are amended to read as follows:
354. “Date of commencement of the project” means the date
-1249-1of the preliminary agreement or the date an application for
2assistance is received by the authority department.
35. “Eligible business” or “business” means a business
4training employees which is engaged in interstate or intrastate
5commerce for the purpose of manufacturing, processing, or
6assembling products, conducting research and development, or
7providing services in interstate commerce, but excludes retail,
8health, or professional services and which meets the other
9criteria established by the authority department. “Eligible
10business” does not include a business whose training costs can
11be economically funded under chapter 260E, a business which
12closes or substantially reduces its employment base in order
13to relocate substantially the same operation to another area
14of the state, or a business which is involved in a strike,
15lockout, or other labor dispute in Iowa.
1611. “Project” means a training arrangement which is the
17subject of an agreement entered into between the community
18college and a business to provide program services. “Project”
19also means a training arrangement which is sponsored by the
20authority department and administered under sections 260F.6A
21and 260F.6B.
22 Sec. 2213. Section 260F.2, Code 2023, is amended by adding
23the following new subsection:
24 NEW SUBSECTION. 4A. “Department” means the department of
25workforce development.
26 Sec. 2214. Section 260F.3, subsection 5, Code 2023, is
27amended to read as follows:
285. Other criteria established by the department of
29education.
30 Sec. 2215. Section 260F.6, subsections 1 and 2, Code 2023,
31are amended to read as follows:
321. There is established for the community colleges a job
33training fund in the economic development authority department
34of workforce development in the workforce development fund
35established in section 15.342A. The job training fund consists
-1250-1of moneys appropriated for the purposes of this chapter plus
2the interest and principal from repayment of advances made to
3businesses for program costs, plus the repayments, including
4interest, of loans made from that retraining fund, and interest
5earned from moneys in the job training fund.
62. To provide funds for the present payment of the costs
7of a training program by the business, the community college
8may provide to the business an advance of the moneys to be used
9to pay for the program costs as provided in the agreement.
10To receive the funds for this advance from the job training
11fund established in subsection 1, the community college shall
12submit an application to the authority department. The amount
13of the advance shall not exceed fifty thousand dollars for
14any business site, or one hundred thousand dollars within
15a three-fiscal-year period for any business site. If the
16project involves a consortium of businesses, the maximum award
17per project shall not exceed one hundred thousand dollars.
18Participation in a consortium does not affect a business
19site’s eligibility for individual project assistance. Prior
20to approval a business shall agree to match program amounts
21in accordance with criteria established by the authority
22 department.
23 Sec. 2216. Section 260F.6A, Code 2023, is amended to read
24as follows:
25260F.6A Business network training projects.
26The community colleges and the authority department are
27authorized to fund business network training projects which
28include five or more businesses and are located in two or more
29community college districts. A business network training
30project must have a designated organization or lead business
31to serve as the administrative entity that will coordinate the
32training program. The businesses must have common training
33needs and develop a plan to meet those needs. The authority
34 department shall adopt rules governing this section’s operation
35and participant eligibility.
-1251-1 Sec. 2217. Section 260F.6B, Code 2023, is amended to read
2as follows:
3260F.6B High technology apprenticeship program.
4The community colleges and the authority department
5 are authorized to fund high technology apprenticeship
6programs which comply with the requirements specified in
7section 260C.44 and which may include both new and statewide
8apprenticeship programs. Notwithstanding the provisions
9of section 260F.6, subsection 2, relating to maximum award
10amounts, moneys allocated to the community colleges with high
11technology apprenticeship programs shall be distributed to the
12community colleges based upon contact hours under the programs
13administered during the prior fiscal year as determined by
14the department of education. The authority department shall
15adopt rules governing this section’s operation and participant
16eligibility.
17 Sec. 2218. Section 260F.7, Code 2023, is amended to read as
18follows:
19260F.7 Authority to coordinate Coordination — department of
20workforce development.
21The authority department, in consultation with the
22department of education and the department of workforce
23development, shall coordinate the jobs training program. A
24project shall not be funded under this chapter unless the
25authority department approves the project. The authority
26 department shall adopt rules pursuant to chapter 17A governing
27the program’s operation and eligibility for participation in
28the program. The authority department shall establish by rule
29criteria for determining what constitutes an eligible business.
30 Sec. 2219. Section 260F.8, subsection 1, Code 2023, is
31amended to read as follows:
321. For each fiscal year, the authority department shall
33make funds available to the community colleges. The authority
34 department shall allocate by formula from the moneys in
35the fund an amount for each community college to be used to
-1252-1provide the financial assistance for proposals of businesses
2whose applications have been approved by the authority
3 department. The financial assistance shall be provided by
4the authority department from the amount set aside for that
5community college. If any portion of the moneys set aside for
6a community college have not been used or committed by May
71 of the fiscal year, that portion is available for use by
8the authority department to provide financial assistance to
9businesses applying to other community colleges. The authority
10 department shall adopt by rule a formula for this set-aside.
11 Sec. 2220. TRANSITION PROVISIONS.
121. A project that is entered into by a community college
13and a business under section 260F.3 prior to the effective
14date of this division of this Act shall be valid and continue
15as provided in the terms of the agreement and shall be
16administered by the department of workforce development.
172. A project sponsored by and administered under section
18260F.6A or 260F.6B by the economic development authority prior
19to the effective date of this division of this Act shall be
20valid and continue as provided by the terms of the training
21arrangement and shall be administered by the department of
22workforce development.
23WORKFORCE DEVELOPMENT FUND PROGRAM
24 Sec. 2221. Section 15.108, subsection 6, Code 2023, is
25amended by striking the subsection.
26 Sec. 2222. Section 15.341, Code 2023, is amended to read as
27follows:
2815.341 Workforce development fund program.
29This part chapter shall be known as the “Workforce
30Development Fund” program.
31 Sec. 2223. Section 15.342, Code 2023, is amended to read as
32follows:
3315.342 Purpose.
34The purpose of this part chapter shall be to provide a
35mechanism for funding workforce development programs listed in
-1253-1section 15.343, subsection 2, in order to more efficiently meet
2the needs identified within those individual programs.
3 Sec. 2224. Section 15.342A, Code 2023, is amended to read
4as follows:
515.342A Workforce development fund account.
61. A workforce development fund account is established in
7the office of the treasurer of state under the control of the
8authority department of workforce development. The account
9shall receive funds pursuant to section 422.16A.
102. For the fiscal year beginning July 1, 2014 2023,
11and for each fiscal year thereafter, there is annually
12appropriated from the workforce development fund account to the
13apprenticeship training program fund created in section 15B.3
14three million dollars for the purposes of chapter 15B.
153. For the fiscal year beginning July 1, 2014 2023, and for
16each fiscal year thereafter, there is annually appropriated
17from the workforce development fund account to the job training
18fund created in section 260F.6 four million seven hundred fifty
19thousand dollars for the purposes of chapter 260F.
20 Sec. 2225. Section 15.343, subsections 1 and 2, Code 2023,
21are amended to read as follows:
221. a. A workforce development fund is created as a
23revolving fund in the state treasury under the control of the
24authority department of workforce development consisting of any
25moneys appropriated by the general assembly for that purpose
26and any other moneys available to and obtained or accepted by
27the authority department of workforce development from the
28federal government or private sources for placement in the
29fund. The fund shall also include moneys appropriated to the
30fund from the workforce development fund account established
31in section 15.342A.
32b. Notwithstanding section 8.33, moneys in the workforce
33development fund at the end of each fiscal year shall not
34revert to any other fund but shall remain in the workforce
35development fund for expenditure for subsequent fiscal years.
-1254- 12. The assets of the fund shall be used by the authority
2 department of workforce development for the following programs
3and purposes:
4a. Projects under chapter 260F. The authority department of
5workforce development shall require a match from all businesses
6participating in a training project under chapter 260F.
7b. Apprenticeship programs under section 260C.44, including
8new or statewide building trades apprenticeship programs.
9c. To cover the costs of the administration of workforce
10development programs and services available through the
11authority. A portion of these funds may be used to To support
12efforts by the community colleges to provide workforce services
13to Iowa employers.
14 Sec. 2226. Section 15.344, Code 2023, is amended to read as
15follows:
1615.344 Common system — assessment and tracking.
17The authority department of workforce development shall use
18information from the customer tracking system administered by
19the department of workforce development under section 84A.5 to
20determine the economic impact of the programs. To the extent
21possible, the authority department shall track individuals and
22businesses who have received assistance or services through
23the fund to determine whether the assistance or services have
24resulted in increased wages paid to the individuals or paid by
25the businesses.
26 Sec. 2227. CODE EDITOR DIRECTIVE.
271. The Code editor is directed to make the following
28transfers:
29a. Section 15.341 to section 84F.1.
30b. Section 15.342 to section 84F.2.
31c. Section 15.342A to section 84F.3.
32d. Section 15.343 to section 84F.4.
33e. Section 15.344 to section 84F.5.
342. The Code editor shall correct internal references in the
35Code and in any enacted legislation as necessary due to the
-1255-1enactment of this section.
2ACCELERATED CAREER EDUCATION PROGRAM
3 Sec. 2228. Section 260G.3, subsection 2, unnumbered
4paragraph 1, Code 2023, is amended to read as follows:
5An agreement may include reasonable and necessary provisions
6to implement the accelerated career education program. If
7an agreement is entered into, the community college and the
8employer shall notify the department of revenue as soon as
9possible. The community college shall also file a copy of the
10agreement with the economic development authority department
11of workforce development as required in section 260G.4B. The
12agreement shall provide for program costs, including deferred
13costs, which may be paid from any of the following sources:
14 Sec. 2229. Section 260G.4B, Code 2023, is amended to read
15as follows:
16260G.4B Maximum statewide program job credit.
171. The total amount of program job credits from all
18employers which shall be allocated for all accelerated career
19education programs in the state in any one fiscal year shall
20not exceed five million four hundred thousand dollars. A
21community college shall file a copy of each agreement with
22the economic development authority department of workforce
23development. The authority department of workforce development
24 shall maintain an annual record of the proposed program job
25credits under each agreement for each fiscal year. Upon
26receiving a copy of an agreement, the authority department of
27workforce development shall allocate any available amount of
28program job credits to the community college according to the
29agreement sufficient for the fiscal year and for the term of
30the agreement. When the total available program job credits
31are allocated for a fiscal year, the authority department of
32workforce development shall notify all community colleges that
33the maximum amount has been allocated and that further program
34job credits will not be available for the remainder of the
35fiscal year. Once program job credits have been allocated to
-1256-1a community college, the full allocation shall be received by
2the community college throughout the fiscal year and for the
3term of the agreement even if the statewide program job credit
4maximum amount is subsequently allocated and used.
52. For the fiscal years beginning July 1, 2000, and
6July 1, 2001, the department of economic development shall
7allocate eighty thousand dollars of the first one million two
8hundred thousand dollars of program job credits authorized and
9available for that fiscal year to each community college. This
10allocation shall be used by each community college to provide
11funding for approved programs. For the fiscal year beginning
12July 1, 2002 2023, and for every fiscal year thereafter,
13the economic development authority department of workforce
14development shall divide equally among the community colleges
15thirty percent of the program job credits available for that
16fiscal year for allocation to each community college to be used
17to provide funding for approved programs. If any portion of
18the allocation to a community college under this subsection
19has not been committed by April 1 of the fiscal year for which
20the allocation is made, the uncommitted portion is available
21for use by other community colleges. Once a community college
22has committed its allocation for any fiscal year under this
23subsection, the community college may receive additional
24program job credit allocations from those program job credits
25authorized and still available for that fiscal year.
26 Sec. 2230. Section 260G.4C, Code 2023, is amended to read
27as follows:
28260G.4C Facilitator Administration and reporting.
29The economic development authority department of workforce
30development shall administer the statewide allocations of
31program job credits to accelerated career education programs.
32The authority department of workforce development shall provide
33information about the accelerated career education programs in
34accordance with its annual reporting requirements in section
3515.107B to the general assembly annually on or before March 15.
-1257-1 Sec. 2231. Section 260G.6, subsection 1, Code 2023, is
2amended to read as follows:
31. An accelerated career education fund is established
4in the state treasury under the control of the department of
5workforce development consisting of moneys appropriated to the
6fund for purposes of funding the cost of accelerated career
7education program capital projects.
8 Sec. 2232. TRANSITION PROVISIONS.
91. On the effective date of this division of this Act,
10all unencumbered and unobligated moneys remaining in the
11accelerated career education fund established in section 260G.6
12shall be under the control of the department of workforce
13development.
142. a. All agreements entered into by a community college
15under section 260G.3 prior to the effective date of this
16division of this Act shall be valid and continue as provided
17in the terms of the agreement.
18b. Job credits shall be honored per an agreement entered
19into under paragraph “a” that includes a provision for program
20job credits.
21OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM
22 Sec. 2233. Section 231.23A, subsection 2, Code 2023, is
23amended by striking the subsection.
24 Sec. 2234. Section 231.51, Code 2023, is amended to read as
25follows:
26231.51 Older American community service employment program.
271. The department of workforce development shall direct
28and administer the older American community service employment
29program as authorized by the federal Act in coordination with
30the department of workforce development Older Americans Act of
311965, 42 U.S.C. §3001 et seq., as amended.
322. The purpose of the program is to foster individual
33economic self-sufficiency and to increase the number of
34participants placed in unsubsidized employment in the public
35and private sectors while maintaining the community service
-1258-1focus of the program.
23. Funds appropriated to the department of workforce
3development from the United States department of labor shall
4be distributed to subgrantees in accordance with federal
5requirements.
64. The department of workforce development shall require
7such uniform reporting and financial accounting by subgrantees
8as may be necessary to fulfill the purposes of this section.
95. The older American community service employment program
10shall be coordinated with the federal Workforce Innovation and
11Opportunity Act administered by the department of workforce
12development.
13 Sec. 2235. REPEAL. Section 231.53, Code 2023, is repealed.
14 Sec. 2236. CODE EDITOR DIRECTIVE.
151. The Code editor is directed to make the following
16transfer:
17Section 231.51 to section 84A.17.
182. The Code editor shall correct internal references in the
19Code and in any enacted legislation as necessary due to the
20enactment of this section.
21 Sec. 2237. TRANSITION PROVISIONS. On the effective date
22of this division of this Act, all unencumbered and unobligated
23moneys remaining in any account or fund under the control of
24the department on aging and relating to this division of this
25Act shall be transferred to a comparable fund or account under
26the control of the department of workforce development for
27purposes of this division of this Act. Notwithstanding section
288.33, the moneys transferred in accordance with this subsection
29shall not revert to the account or fund from which the moneys
30are appropriated or transferred.
31VOCATIONAL REHABILITATION
32 Sec. 2238. Section 19B.2, subsection 2, Code 2023, is
33amended to read as follows:
342. It is the policy of this state to permit special
35appointments by bypassing the usual testing procedures for any
-1259-1applicant for whom the division of vocational rehabilitation
2services of the department of education workforce development
3 or the department for the blind has certified the applicant’s
4disability and competence to perform the job. The department
5of administrative services, in cooperation with the department
6for the blind and the division of vocational rehabilitation
7services, shall develop appropriate certification procedures.
8This subsection should not be interpreted to bar promotional
9opportunities for persons who are blind or persons with
10physical or mental disabilities. If this subsection conflicts
11with any other provisions of this chapter, the provisions of
12this subsection govern.
13 Sec. 2239. Section 84A.1, subsection 4, Code 2023, is
14amended to read as follows:
154. The department of workforce development shall include
16the division of labor services, the division of workers’
17compensation, vocational rehabilitation services, and other
18divisions as appropriate.
19 Sec. 2240. Section 84A.1A, subsection 1, paragraph a,
20subparagraph (7), Code 2023, is amended to read as follows:
21(7) The administrator of the division of Iowa vocational
22rehabilitation services of the department of education
23 workforce development or the administrator’s designee.
24 Sec. 2241. Section 84A.4, subsection 2, paragraph b,
25subparagraph (4), subparagraph division (a), subparagraph
26subdivision (iii), Code 2023, is amended to read as follows:
27(iii) The members shall include at least one appropriate
28representative of the programs carried out under Tit.I of
29the federal Rehabilitation Act of 1973, as codified at 29
30U.S.C.§720 et seq., relating to vocational rehabilitation
31services, excluding 29 U.S.C.§732 and 741, serving the local
32workforce development area and nominated by the administrator
33of the division of vocational rehabilitation services of the
34department of education workforce development or director of
35the department for the blind, as appropriate.
-1260-1 Sec. 2242. Section 85.70, subsection 1, Code 2023, is
2amended to read as follows:
31. An employee who has sustained an injury resulting
4in permanent partial or permanent total disability, for
5which compensation is payable under this chapter other than
6an injury to the shoulder compensable pursuant to section
785.34, subsection 2, paragraph “n”, and who cannot return
8to gainful employment because of such disability, shall upon
9application to and approval by the workers’ compensation
10commissioner be entitled to a one hundred dollar weekly
11payment from the employer in addition to any other benefit
12payments, during each full week in which the employee is
13actively participating in a vocational rehabilitation program
14recognized by the vocational rehabilitation services division
15of the department of education workforce development. The
16workers’ compensation commissioner’s approval of such
17application for payment may be given only after a careful
18evaluation of available facts, and after consultation with the
19employer or the employer’s representative. Judicial review
20of the decision of the workers’ compensation commissioner
21may be obtained in accordance with the terms of the Iowa
22administrative procedure Act, chapter 17A, and in section
2386.26. Such additional benefit payment shall be paid for a
24period not to exceed thirteen consecutive weeks except that
25the workers’ compensation commissioner may extend the period
26of payment not to exceed an additional thirteen weeks if the
27circumstances indicate that a continuation of training will in
28fact accomplish rehabilitation.
29 Sec. 2243. Section 256.1, subsection 1, paragraph d, Code
302023, is amended by striking the paragraph.
31 Sec. 2244. Section 256.35A, subsection 2, paragraph b, Code
322023, is amended to read as follows:
33b. In addition, representatives of the department of
34education workforce development, the division of vocational
35rehabilitation of the department of education workforce
-1261-1development, the department of public health, the department of
2human services, the Iowa developmental disabilities council,
3the division of insurance of the department of commerce, and
4the state board of regents shall serve as ex officio members
5of the advisory council. Ex officio members shall work
6together in a collaborative manner to serve as a resource to
7the advisory council. The council may also form workgroups
8as necessary to address specific issues within the technical
9purview of individual members.
10 Sec. 2245. Section 259.2, Code 2023, is amended to read as
11follows:
12259.2 Custodian of funds.
131. The treasurer of state is custodian of moneys received
14by the state from appropriations made by the Congress of the
15United States for the vocational rehabilitation of individuals
16with disabilities, and may receive and provide for the proper
17custody of the moneys and make disbursement of them the moneys
18 upon the requisition of the director of the department of
19education workforce development.
202. The treasurer of state is appointed custodian of moneys
21paid by the federal government to the state for the purpose of
22carrying out the agreement relative to making determinations
23of disability under Tit.II and Tit.XVI of the federal Social
24Security Act as amended, 42 U.S.C. ch.7, and may receive the
25moneys and make disbursements of them the moneys upon the
26requisition of the director of the department of education
27 workforce development.
28 Sec. 2246. Section 259.3, Code 2023, is amended to read as
29follows:
30259.3 Board and division Division of vocational
31rehabilitation services.
32The division of vocational rehabilitation services
33is established in the department of education workforce
34development. The director of the department of education
35 workforce development shall cooperate with the United States
-1262-1secretary of education in carrying out the federal law cited
2in sections 259.1 and 259.2 providing for the vocational
3rehabilitation of individuals with disabilities. The state
4board of education shall adopt rules under chapter 17A for the
5administration of this chapter.
6 Sec. 2247. Section 259.5, Code 2023, is amended to read as
7follows:
8259.5 Report to governor.
9The division of vocational rehabilitation services shall
10report biennially to the governor the condition of vocational
11rehabilitation within the state, designating the educational
12institutions, establishments, plants, factories, and other
13agencies in which training is being given, and include a
14detailed statement of expenditures of the state and federal
15funds in the rehabilitation of individuals with disabilities.
16 Sec. 2248. Section 259.6, Code 2023, is amended to read as
17follows:
18259.6 Gifts and donations.
19The division of vocational rehabilitation services may
20receive gifts and donations from either public or private
21sources offered unconditionally or under conditions related to
22the vocational rehabilitation of individuals with disabilities
23that are consistent with this chapter.
24 Sec. 2249. Section 259.7, Code 2023, is amended to read as
25follows:
26259.7 Fund.
27All the moneys received as gifts or donations shall be
28deposited in the state treasury and shall constitute a
29permanent fund to be called the special fund for the vocational
30rehabilitation of individuals with disabilities, to be used
31by the director of the department of education workforce
32development in carrying out the provisions of this chapter or
33for related purposes.
34 Sec. 2250. Section 259.8, Code 2023, is amended to read as
35follows:
-1263- 1259.8 Report of gifts.
2A full report of all gifts and donations offered and
3accepted, together with the names of the donors name of each
4donor and the respective amounts amount contributed by each
5donor, and all disbursements from the special fund for the
6vocational rehabilitation of individuals with disabilities
7 shall be submitted at call or biennially to the governor of the
8state by the division department of workforce development.
9 Sec. 2251. NEW SECTION. 259.10 Rules.
10The department of workforce development shall adopt rules
11under chapter 17A for the administration of this chapter.
12 Sec. 2252. CODE EDITOR DIRECTIVE.
131. The Code editor is directed to make the following
14transfers:
15a. Section 259.1 to section 84G.1.
16b. Section 259.2 to section 84G.2.
17c. Section 259.3 to section 84G.3.
18d. Section 259.4 to section 84G.4.
19e. Section 259.5 to section 84G.5.
20f. Section 259.6 to section 84G.6.
21g. Section 259.7 to section 84G.7.
22h. Section 259.8 to section 84G.8.
23i. Section 259.9 to section 84G.9.
24j. Section 259.10 to section 84G.10.
252. The Code editor shall correct internal references in the
26Code and in any enacted legislation as necessary due to the
27enactment of this section.
28 Sec. 2253. TRANSITION PROVISION. The agreement between the
29director of the department of education and the commissioner of
30the United States social security administration under section
31259.9 shall remain in full force and effect until amended,
32repealed, or supplemented by the United States social security
33administration or by the department of workforce development.
34APPRENTICESHIP TRAINING PROGRAM
35 Sec. 2254. Section 15.106A, subsection 2, paragraph a, Code
-1264-12023, is amended to read as follows:
2a. That through this section and section 15.106B, the
3authority has been granted broad general powers and specific
4program powers over all of the authority’s statutory programs,
5including but not limited to the programs created pursuant to
6chapters 15, 15A, 15B, 15C, 15E, and 15J.
7 Sec. 2255. Section 15B.2, subsection 5, Code 2023, is
8amended by striking the subsection.
9 Sec. 2256. Section 15B.2, Code 2023, is amended by adding
10the following new subsections:
11 NEW SUBSECTION. 6A. “Department” means the department of
12workforce development.
13 NEW SUBSECTION. 9A. “Targeted industries” means the
14industries of advanced manufacturing, biosciences, and
15information technology.
16 Sec. 2257. Section 15B.2, subsection 7, Code 2023, is
17amended to read as follows:
187. “Financial assistance” means assistance provided only
19from the funds, rights, and assets legally available to
20the authority department and includes but is not limited to
21assistance in the forms of grants, loans, forgivable loans, and
22royalty payments.
23 Sec. 2258. Section 15B.3, subsections 1, 2, 3, and 4, Code
242023, are amended to read as follows:
251. An apprenticeship training program fund is created as a
26revolving fund in the state treasury under the control of the
27authority department.
282. The fund shall consist of moneys appropriated for
29purposes of the apprenticeship training program, and any other
30moneys lawfully available to the authority department for
31purposes of this chapter.
323. Moneys in the fund are appropriated to the authority
33 department for the purposes of this chapter.
344. No more than two percent of the total moneys deposited
35in the fund on July 1 of a fiscal year is appropriated to the
-1265-1authority department for the purposes of administering this
2chapter.
3 Sec. 2259. Section 15B.3, subsection 6, Code 2023, is
4amended by striking the subsection.
5 Sec. 2260. Section 15B.4, subsection 1, paragraph a, Code
62023, is amended to read as follows:
7a. An apprenticeship sponsor or lead apprenticeship
8sponsor that conducts an apprenticeship program that is
9registered with the United States department of labor, office
10of apprenticeship, through Iowa, for apprentices who will
11be employed at worksites located in this state may apply to
12the authority department for financial assistance under this
13section if the apprenticeship program includes a minimum of one
14hundred contact hours per apprentice for each training year of
15the apprenticeship program.
16 Sec. 2261. Section 15B.4, subsection 2, unnumbered
17paragraph 1, Code 2023, is amended to read as follows:
18The authority department shall provide financial assistance
19in the form of training grants to eligible apprenticeship
20sponsors or lead apprenticeship sponsors in the following
21manner:
22 Sec. 2262. Section 15B.4, subsection 3, unnumbered
23paragraph 1, Code 2023, is amended to read as follows:
24An apprenticeship sponsor or lead apprenticeship sponsor
25seeking financial assistance under this section shall provide
26the following information to the authority department:
27 Sec. 2263. Section 15B.4, subsection 3, paragraph e, Code
282023, is amended to read as follows:
29e. Any other information the authority department reasonably
30determines is necessary.
31 Sec. 2264. Section 15B.4, subsection 4, Code 2023, is
32amended to read as follows:
334. The apprenticeship sponsor or lead apprenticeship
34sponsor and the authority department shall enter into an
35agreement regarding the provision of any financial assistance
-1266-1to the apprenticeship sponsor or lead apprenticeship sponsor.
2 Sec. 2265. NEW SECTION. 15B.5 Rules.
3The department shall adopt rules to administer this chapter.
4 Sec. 2266. 2021 Iowa Acts, chapter 45, section 5, is amended
5to read as follows:
6SEC. 5. APPLICABILITY. This Act applies to financial
7assistance provided by the economic development authority to
8apprenticeship sponsors and lead apprenticeship sponsors that
9apply for financial assistance on or after July 1, 2021, and on
10or before June 30, 2023.
11 Sec. 2267. CODE EDITOR DIRECTIVE.
121. The Code editor is directed to make the following
13transfers:
14a. Section 15B.1 to section 84D.1.
15b. Section 15B.2 to section 84D.2.
16c. Section 15B.3 to section 84D.3.
17d. Section 15B.4 to section 84D.4.
18e. Section 15B.5 to section 84D.5.
192. The Code editor shall correct internal references in the
20Code and in any enacted legislation as necessary due to the
21enactment of this section.
22 Sec. 2268. TRANSITION PROVISION. All agreements entered
23into by an apprenticeship sponsor or lead apprenticeship
24sponsor and the economic development authority regarding the
25provision of any financial assistance to the apprenticeship
26sponsor or lead apprenticeship sponsor prior to the effective
27date of this division of this Act shall be valid and continue
28as provided in the terms of the agreement.
29FUTURE READY IOWA REGISTERED APPRENTICESHIP DEVELOPMENT PROGRAM
30 Sec. 2269. Section 15C.1, subsection 1, paragraph f, Code
312023, is amended by striking the paragraph and inserting in
32lieu thereof the following:
33f. “Department” means the department of workforce
34development.
35 Sec. 2270. Section 15C.1, subsection 1, paragraphs g and h,
-1267-1Code 2023, are amended to read as follows:
2g. “Eligible apprenticeable occupation” means an
3apprenticeable occupation identified by the workforce
4development board or a community college pursuant to section
584A.1B, subsection 14, as a high-demand job, after consultation
6with the authority.
7h. “Financial assistance” means assistance provided only
8from the funds, rights, and assets legally available to
9the authority department and includes but is not limited
10to assistance in the form of a reimbursement grant to
11support the costs associated with establishing a new
12eligible apprenticeable occupation or an additional eligible
13apprenticeable occupation in an applicant’s apprenticeship
14program.
15 Sec. 2271. Section 15C.1, subsection 2, Code 2023, is
16amended to read as follows:
172. Program created. Subject to an appropriation of funds
18by the general assembly for this purpose, a future ready Iowa
19registered apprenticeship development program is created
20which shall be administered by the authority department. The
21purpose of the program is to provide financial assistance to
22incentivize small and medium-sized apprenticeship sponsors to
23establish new or additional eligible apprenticeable occupations
24in the apprenticeship sponsor’s apprenticeship program in order
25to support the growth of apprenticeship programs and expand
26high-quality work-based learning experiences in high-demand
27fields and careers for persons who are employed in eligible
28apprenticeable occupations in Iowa.
29 Sec. 2272. Section 15C.1, subsection 3, unnumbered
30paragraph 1, Code 2023, is amended to read as follows:
31An apprenticeship sponsor may apply to the authority
32 department, on forms provided by the authority department and
33in accordance with the authority’s department’s instructions,
34to receive financial assistance under the program. The
35authority department shall provide upon request and on the
-1268-1authority’s department’s internet site information about the
2program, the application, application instructions, and the
3application period established each year for funding available
4under the program. The application shall include a description
5of how the financial assistance awarded under this section
6would be used to establish an apprenticeship program or add new
7or additional apprenticeable occupations to the apprenticeship
8sponsor’s apprenticeship program and the anticipated program
9expenses identified by the applicant.
10 Sec. 2273. Section 15C.1, subsection 3, paragraph a,
11subparagraphs (1) and (2), Code 2023, are amended to read as
12follows:
13(1) Twenty or fewer apprentices are registered in the
14existing apprenticeship program as of December 31 of the
15calendar year prior to the date the authority department
16 receives the apprenticeship sponsor’s application.
17(2) More than seventy percent of the applicant’s
18apprentices shall be are residents of Iowa, and the remainder
19of the applicant’s apprentices shall be are residents of states
20contiguous to Iowa. In determining the number of apprentices
21in an applicant’s apprenticeship program, the authority
22 department may calculate the average number of apprentices in
23the program within the most recent two-year period.
24 Sec. 2274. Section 15C.1, subsections 4 and 5, Code 2023,
25are amended to read as follows:
264. Rules. The authority department shall adopt rules
27pursuant to chapter 17A establishing a staff review and
28application approval process, application scoring criteria, the
29minimum score necessary for approval of financial assistance,
30procedures for notification of an award of financial
31assistance, the terms of agreement between the apprenticeship
32sponsor and the authority department, and any other rules
33deemed necessary for the implementation and administration of
34this section.
355. Agreement. Prior to distributing financial assistance
-1269-1under this section, the authority department shall enter
2into an agreement with the apprenticeship sponsor awarded
3financial assistance in accordance with this section, and the
4financial assistance recipient shall confirm the expenses for
5establishing the program or adding the additional occupations
6as identified in the approved application, and shall meet all
7terms established by the authority department for receipt of
8financial assistance under this section.
9 Sec. 2275. Section 15C.1, subsection 6, paragraph b, Code
102023, is amended to read as follows:
11b. Notwithstanding section 8.33, moneys appropriated to the
12authority department by the general assembly for purposes of
13this section that remain unencumbered or unobligated at the
14end of the fiscal year shall not revert to the general fund
15but shall remain available for expenditure for the purposes
16designated in subsequent fiscal years.
17 Sec. 2276. CODE EDITOR DIRECTIVE.
181. The Code editor is directed to make the following
19transfer:
20Section 15C.1 to section 84E.1.
212. The Code editor shall correct internal references in the
22Code and in any enacted legislation as necessary due to the
23enactment of this section, including references to chapter 15C.
24 Sec. 2277. TRANSITION PROVISION. All agreements entered
25into by an apprenticeship sponsor and the economic development
26authority under section 15C.1, subsection 5, prior to the
27effective date of this division of this Act shall be valid and
28continue as provided in the terms of the agreement.
29FUTURE READY IOWA EXPANDED REGISTERED APPRENTICESHIP
30OPPORTUNITIES PROGRAM
31 Sec. 2278. Section 15C.2, subsection 1, paragraph e, Code
322023, is amended by striking the paragraph and inserting in
33lieu thereof the following:
34e. “Department” means the department of workforce
35development.
-1270-1 Sec. 2279. Section 15C.2, subsection 1, paragraph h, Code
22023, is amended to read as follows:
3h. “Financial assistance” means assistance provided only
4from the funds, rights, and assets legally available to
5the authority department and includes but is not limited
6to assistance in the form of a reimbursement grant of one
7thousand dollars per apprentice in an eligible apprenticeable
8occupation.
9 Sec. 2280. Section 15C.2, subsection 2, Code 2023, is
10amended to read as follows:
112. Program created. Subject to an appropriation of funds
12by the general assembly for this purpose, a future ready Iowa
13expanded registered apprenticeship opportunities program
14is created which shall be administered by the authority
15 department. The purpose of the program is to provide
16financial assistance to encourage apprenticeship sponsors of
17apprenticeship programs with twenty or fewer apprentices to
18maintain apprenticeship programs in high-demand occupations.
19 Sec. 2281. Section 15C.2, subsection 3, unnumbered
20paragraph 1, Code 2023, is amended to read as follows:
21An eligible apprenticeship sponsor may apply to the
22authority department, on forms provided by the authority
23 department and in accordance with the authority’s department’s
24 instructions, to receive financial assistance under the
25program. The authority department shall provide upon request
26and on the authority’s department’s internet site information
27about the program, the application, application instructions,
28and the application period established each year for funding
29available under the program.
30 Sec. 2282. Section 15C.2, subsection 3, paragraph a,
31subparagraphs (1) and (2), Code 2023, are amended to read as
32follows:
33(1) Twenty or fewer apprentices are registered in the
34apprenticeship program as of December 31 of the calendar
35year prior to the date the authority department receives the
-1271-1eligible apprenticeship sponsor’s application.
2(2) More than seventy percent of the applicant’s
3apprentices are residents of Iowa, and the remainder of the
4applicant’s apprentices are residents of states contiguous
5to Iowa. In determining the number of apprentices in an
6applicant’s apprenticeship program, the authority department
7 may calculate the average number of apprentices in the program
8within the most recent two-year period.
9 Sec. 2283. Section 15C.2, subsections 4 and 5, Code 2023,
10are amended to read as follows:
114. Rules. The authority department shall adopt rules
12pursuant to chapter 17A establishing a staff review and
13application approval process, application scoring criteria, the
14minimum score necessary for approval of financial assistance,
15procedures for notification of an award of financial
16assistance, the terms of agreement between the apprenticeship
17sponsor and the authority department, and any other rules
18deemed necessary for the implementation and administration of
19this section.
205. Agreement. Prior to distributing financial assistance
21under this section, the authority department shall enter into
22an agreement with the eligible apprenticeship sponsor awarded
23financial assistance in accordance with this section, and
24the financial assistance recipient shall confirm the number
25of apprentices in eligible apprenticeable occupations as
26identified in the approved application, and shall meet all
27terms established by the authority department for receipt of
28financial assistance under this section.
29 Sec. 2284. Section 15C.2, subsection 7, paragraph b, Code
302023, is amended to read as follows:
31b. Notwithstanding section 8.33, moneys appropriated to the
32authority department by the general assembly for purposes of
33this section that remain unencumbered or unobligated at the
34end of the fiscal year shall not revert to the general fund
35but shall remain available for expenditure for the purposes
-1272-1designated in subsequent fiscal years.
2 Sec. 2285. CODE EDITOR DIRECTIVE.
31. The Code editor is directed to make the following
4transfer:
5Section 15C.2 to section 84E.2.
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, including references to chapter 15C.
9 Sec. 2286. TRANSITION PROVISION. All agreements entered
10into by an apprenticeship sponsor and the economic development
11authority under section 15C.2, subsection 5, regarding the
12provision of any financial assistance to the apprenticeship
13sponsor prior to the effective date of this division of this
14Act shall be valid and continue as provided in the terms of the
15agreement.
16EMPLOYMENT AGENCIES
17 Sec. 2287. Section 94A.1, subsection 2, Code 2023, is
18amended to read as follows:
192. “Commissioner” “Director” means the labor commissioner,
20appointed pursuant to section 91.2, director of the department
21of workforce development or the labor commissioner’s director’s
22 designee.
23 Sec. 2288. Section 94A.2, Code 2023, is amended to read as
24follows:
2594A.2 Licensing.
261. An employment agency shall obtain a license from the
27commissioner director prior to transacting any business.
28Licenses expire on June 30 of each year.
292. A license application shall be in the form prescribed by
30the commissioner director and shall be accompanied by all of
31the following:
32a. A surety company bond in the sum of thirty thousand
33dollars, to be approved by the commissioner director and
34conditioned to pay any damages that may accrue to any person
35due to a wrongful act or violation of law on the part of the
-1273-1applicant in the conduct of business.
2b. The schedule of fees to be charged by the employment
3agency.
4c. All contract forms to be signed by an employee.
5d. An application fee of seventy-five dollars.
63. The commissioner director shall grant or deny a license
7within thirty days from the filing date of a completed
8application.
94. The commissioner director may revoke, suspend, or annul a
10license in accordance with chapter 17A upon good cause pursuant
11to rules adopted by the director.
12 Sec. 2289. Section 94A.4, subsection 4, paragraph d, Code
132023, is amended to read as follows:
14d. Charge an employee any fee greater than the fee schedule
15on file with the commissioner director without prior consent
16of the commissioner director.
17 Sec. 2290. Section 94A.5, Code 2023, is amended to read as
18follows:
1994A.5 Powers and duties of the commissioner director.
201. At any time, the commissioner The director may examine
21the records, books, and any papers relating to the conduct and
22operation of an employment agency at any time.
232. The commissioner shall adopt rules pursuant to chapter
2417A to administer this chapter.
25 Sec. 2291. Section 94A.6, Code 2023, is amended to read as
26follows:
2794A.6 Violations.
281. A person who violates a provision of this chapter or who
29refuses the commissioner director access to records, books, and
30papers pursuant to an examination under section 94A.5 shall be
31guilty of a simple misdemeanor.
322. If a person violates a provision of this chapter or
33refuses the commissioner director access to records, books,
34and papers pursuant to an examination under section 94A.5, the
35commissioner director shall assess a civil penalty against the
-1274-1person in an amount not greater than two thousand dollars.
2 Sec. 2292. NEW SECTION. 94A.7 Rules.
31. The director shall adopt rules pursuant to chapter 17A to
4administer this chapter.
52. The director may establish rules pursuant to chapter
617A to assess and collect interest on fees and penalties owed
7to the department of workforce development. The director may
8delay or, following written notice, deny the issuance of a
9license, if the applicant for the license owes a debt to the
10department of workforce development.
11 Sec. 2293. CODE EDITOR DIRECTIVE.
121. The Code editor is directed to make the following
13transfers:
14a. Section 94A.1 to section 84H.1.
15b. Section 94A.2 to section 84H.2.
16c. Section 94A.3 to section 84H.3.
17d. Section 94A.4 to section 84H.4.
18e. Section 94A.5 to section 84H.5.
19f. Section 94A.6 to section 84H.6.
20g. Section 94A.7 to section 84H.7.
212. The Code editor shall correct internal references in the
22Code and in any enacted legislation as necessary due to the
23enactment of this section.
24REPORTS AND RECORDS
25 Sec. 2294. Section 91.12, Code 2023, is amended to read as
26follows:
2791.12 Reports and records to division of labor services.
281. An owner, operator, or manager of every factory,
29mill, workshop, mine, store, railway, business house, public
30or private work, or any other establishment where labor is
31employed, shall submit to the division of labor services
32 department of workforce development reports in the form
33and manner prescribed by the commissioner director of the
34department of workforce development by rule, for the purpose of
35compiling labor statistics. The owner, operator, or business
-1275-1manager shall submit the reports within sixty days from receipt
2of notice, and shall certify under oath the accuracy of the
3reports. For purposes of this section, “factory”, “mill”,
4“workshop”, “mine”, “store”, “railway”, “business house”, and
5“public or private work” shall mean any factory, mill, workshop,
6mine, store, railway, business house, or public or private work
7where wage earners are employed for compensation.
82. Notwithstanding chapter 22, records containing submitted
9under subsection 1 that contain identifiable financial
10institution or credit card account numbers obtained by the
11commissioner shall be kept confidential.
123. a. Any officer or employee of the department of
13workforce development who makes unlawful use of a report
14submitted under subsection 1 shall be guilty of a serious
15misdemeanor.
16b. Any person who has access to a report submitted under
17subsection 1 who makes unlawful use of the report shall be
18guilty of a serious misdemeanor.
19c. Any owner, operator, or manager of a factory, mill,
20workshop, mine, store, railway, business house, or public or
21private work who fails to submit the report required under
22subsection 1 shall be guilty of a simple misdemeanor.
234. The director of the department of workforce development
24shall adopt rules pursuant to chapter 17A to administer this
25section.
26 Sec. 2295. CODE EDITOR DIRECTIVE.
271. The Code editor is directed to make the following
28transfer:
29Section 91.12 to section 84A.18.
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.
33ADULT EDUCATION
34 Sec. 2296. NEW SECTION. 84A.19 Adult education and literacy
35programs.
-1276- 11. For purposes of this section, unless the context
2otherwise requires:
3a. “Adult education and literacy programs” means adult basic
4education, adult education leading to a high school equivalency
5diploma under chapter 259A, English as a second language
6instruction, and workplace and family literacy instruction.
7b. “Community colleges” means the same as defined in section
8260C.2.
92. The department of workforce development and community
10colleges shall jointly implement adult education and literacy
11programs to assist adults and youths sixteen years of age and
12older who are not in school in obtaining the knowledge and
13skills necessary for further education, work, and community
14involvement.
153. The department of workforce development, in consultation
16with community colleges, shall prescribe standards for adult
17education and literacy programs including but not limited
18to contextualized and integrated instruction, assessments,
19instructor qualification and professional development, data
20collection and reporting, and performance benchmarks.
214. The department of workforce development, in consultation
22with community colleges, shall adopt rules pursuant to chapter
2317A to administer this section.
24 Sec. 2297. Section 260C.50, Code 2023, is amended to read
25as follows:
26260C.50 Adult education and literacy programs.
271. For purposes of this section, “adult education and
28literacy programs” means adult basic education, adult education
29leading to a high school equivalency diploma under chapter
30259A, English as a second language instruction, workplace and
31family literacy instruction, or integrated basic education and
32technical skills instruction.
332. The department and the community colleges shall jointly
34implement adult education and literacy programs to assist
35adults and youths sixteen years of age and older who are not
-1277-1in school in obtaining the knowledge and skills necessary for
2further education, work, and community involvement.
33. The state board, in consultation with the community
4colleges, shall prescribe standards for adult education and
5literacy programs including but not limited to contextualized
6and integrated instruction, assessments, instructor
7qualification and professional development, data collection and
8reporting, and performance benchmarks.
94. The state board, in consultation with the community
10colleges, shall adopt rules pursuant to chapter 17A to
11administer this section.
12DIVISION XII
13DEPARTMENT OF REVENUE
14IOWA LOTTERY
15 Sec. 2298. Section 7E.6, subsection 3, Code 2023, is amended
16to read as follows:
173. Any position of membership on the board of the Iowa
18lottery authority board created in section 99G.8 shall receive
19compensation of fifty dollars per day and expenses.
20 Sec. 2299. Section 68B.35, subsection 2, paragraph e, Code
212023, is amended to read as follows:
22e. Members of the state banking council, the Iowa ethics
23and campaign disclosure board, the credit union review board,
24the economic development authority, the employment appeal
25board, the environmental protection commission, the health
26facilities council, the Iowa finance authority, the Iowa public
27employees’ retirement system investment board, the board of
28the Iowa lottery authority board created in section 99G.8, the
29natural resource commission, the board of parole, the petroleum
30underground storage tank fund board, the public employment
31relations board, the state racing and gaming commission, the
32state board of regents, the transportation commission, the
33office of consumer advocate, the utilities board, the Iowa
34telecommunications and technology commission, and any full-time
35members of other boards and commissions as defined under
-1278-1section 7E.4 who receive an annual salary for their service
2on the board or commission. The Iowa ethics and campaign
3disclosure board shall conduct an annual review to determine
4if members of any other board, commission, or authority should
5file a statement and shall require the filing of a statement
6pursuant to rules adopted pursuant to chapter 17A.
7 Sec. 2300. Section 99B.1, subsection 22, Code 2023, is
8amended to read as follows:
922. “Merchandise” means goods or services that are bought
10and sold in the regular course of business. “Merchandise”
11includes lottery tickets or shares sold or authorized under
12chapter 99G. The value of the lottery ticket or share is the
13price of the lottery ticket or share as established by the Iowa
14lottery authority department of revenue pursuant to chapter
1599G. “Merchandise” includes a gift card if the gift card is not
16redeemable for cash.
17 Sec. 2301. Section 99G.1, Code 2023, is amended to read as
18follows:
1999G.1 Title.
20This chapter may be cited as the “Iowa Lottery Authority
21 Act”.
22 Sec. 2302. Section 99G.2, subsection 2, Code 2023, is
23amended by striking the subsection.
24 Sec. 2303. Section 99G.3, subsections 2 and 4, Code 2023,
25are amended by striking the subsections.
26 Sec. 2304. Section 99G.3, Code 2023, is amended by adding
27the following new subsections:
28 NEW SUBSECTION. 1A. “Administrator” means the administrator
29of the Iowa lottery appointed pursuant to section 99G.5.
30 NEW SUBSECTION. 4A. “Department” means the department of
31revenue.
32 NEW SUBSECTION. 4B. “Director” means the director of the
33department of revenue or the director’s designee.
34 NEW SUBSECTION. 4C. “Division” means the Iowa lottery
35division of the department of revenue.
-1279-1 Sec. 2305. Section 99G.3, subsections 3, 7, 14, and 18, Code
22023, are amended to read as follows:
33. “Board” means the board of directors of the authority
4 Iowa lottery created in section 99G.8.
57. “Lottery”, “lotteries”, “lottery game”, “lottery games”,
6or “lottery products” means any game of chance approved by the
7board and operated pursuant to this chapter and games using
8mechanical or electronic devices, provided that the authority
9 division shall not authorize a monitor vending machine or a
10player-activated gaming machine that utilizes an internal
11randomizer to determine winning and nonwinning plays and that
12upon random internal selection of a winning play dispenses
13coins, currency, or a ticket, credit, or token to the player
14that is redeemable for cash or a prize, and excluding gambling
15or gaming conducted pursuant to chapter 99B, 99D, or 99F.
1614. “Retailer” means a person who sells lottery tickets
17or shares on behalf of the authority division pursuant to a
18license issued by the authority department.
1918. “Vendor” means a person who provides or proposes to
20provide goods or services to the authority department pursuant
21to a major procurement contract, but does not include an
22employee of the authority department under this chapter, a
23retailer, or a state agency or instrumentality thereof.
24 Sec. 2306. Section 99G.3, subsection 8, Code 2023, is
25amended by striking the subsection.
26 Sec. 2307. Section 99G.4, Code 2023, is amended to read as
27follows:
2899G.4 Iowa lottery authority created.
291. An Iowa lottery authority is created, effective
30September 1, 2003, which shall administer the state lotterybe
31administered by the division. The authority shall be deemed to
32be a public authority and an instrumentality of the state, and
33not a state agency. However, the authority shall be considered
34a state agency for purposes of chapters 17A, 21, 22, 28E, 68B,
3591B, 97B, 509A, and 669.
-1280- 12. The income and property of the authority department under
2this chapter shall be exempt from all state and local taxes,
3and the sale of lottery tickets and shares issued and sold by
4the authority division and its retail licensees shall be exempt
5from all state and local sales taxes.
6 Sec. 2308. Section 99G.5, Code 2023, is amended by striking
7the section and inserting in lieu thereof the following:
899G.5 Lottery administrator.
91. An administrator of the lottery under this chapter shall
10be appointed by the governor subject to confirmation by the
11senate and shall serve at the pleasure of the governor. The
12administrator shall be qualified by training and experience to
13manage a lottery.
142. The salary of the lottery administrator shall be set by
15the governor within the applicable salary range established by
16the general assembly.
173. The lottery administrator shall be an employee of the
18department and shall direct the day-to-day operations and
19management of the lottery under this chapter as specified by
20the director.
21 Sec. 2309. Section 99G.6, Code 2023, is amended to read as
22follows:
2399G.6 Power to administer oaths and take testimony —
24subpoena.
25The chief executive officer administrator or the chief
26executive officer’s administrator’s designee if authorized
27to conduct an inquiry, investigation, or hearing under
28this chapter may administer oaths and take testimony under
29oath relative to the matter of inquiry, investigation, or
30hearing. At a hearing ordered by the chief executive officer
31 administrator, the chief executive officer administrator or the
32designee may subpoena witnesses and require the production of
33records, paper, or documents pertinent to the hearing.
34 Sec. 2310. Section 99G.7, subsection 1, unnumbered
35paragraph 1, Code 2023, is amended to read as follows:
-1281- 1The chief executive officer of the authority administrator
2 shall direct and supervise all administrative and technical
3activities in accordance with the provisions of this
4chapter and with the administrative rules, policies, and
5procedures adopted by the board. The chief executive officer
6 administrator shall do all of the following:
7 Sec. 2311. Section 99G.7, subsection 1, paragraphs b and c,
8Code 2023, are amended by striking the paragraphs.
9 Sec. 2312. Section 99G.7, subsection 1, paragraphs d, e, f,
10g, and i, Code 2023, are amended to read as follows:
11d. Promote or provide for promotion of the lottery and any
12functions related to the authority division under this chapter.
13e. Prepare a budget for the approval of the board director
14for activities of the division under this chapter.
15f. Require bond from such retailers and vendors in such
16amounts as required by the board division.
17g. Report semiannually to the general assembly’s standing
18committees on government oversight regarding the operations of
19the authority division.
20i. Perform other duties generally associated with a chief
21executive officer of an authority of an entrepreneurial nature
22 as necessary to administer this chapter.
23 Sec. 2313. Section 99G.7, subsections 2, 3, and 4, Code
242023, are amended to read as follows:
252. The chief executive officer administrator shall conduct
26an ongoing study of the operation and administration of lottery
27laws similar to this chapter in other states or countries,
28of available literature on the subject, of federal laws and
29regulations which may affect the operation of the lottery
30and of the reaction of citizens of this state to existing
31or proposed features of lottery games with a view toward
32implementing improvements that will tend to serve the purposes
33of this chapter.
343. The chief executive officer director may for good cause
35suspend, revoke, or refuse to renew any contract entered into
-1282-1in accordance with the provisions of this chapter or the
2administrative rules, policies, and procedures of the board.
34. The chief executive officer or the chief executive
4officer’s designee administrator or the administrator’s
5designee may conduct hearings and administer oaths to persons
6for the purpose of assuring the security or integrity of
7lottery operations or to determine the qualifications of or
8compliance by vendors and retailers.
9 Sec. 2314. Section 99G.8, subsections 1, 4, 6, and 13, Code
102023, are amended to read as follows:
111. The authority shall be administered by a A board of
12directors comprised of five members appointed by the governor
13subject to confirmation by the senate is created within the
14department. Board members appointed when the senate is not
15in session shall serve only until the end of the next regular
16session of the general assembly, unless confirmed by the
17senate.
184. No officer or employee of the authority department shall
19be a member of the board.
206. A majority of members in office shall constitute a quorum
21for the transaction of any business and for the exercise of any
22power or function of the authority board.
2313. Board members shall not have any direct or indirect
24interest in an undertaking that puts their personal interest
25in conflict with that of the authority department under this
26chapter including but not limited to an interest in a major
27 procurement contract or a participating retailer.
28 Sec. 2315. Section 99G.8, subsection 15, Code 2023, is
29amended by striking the subsection.
30 Sec. 2316. Section 99G.9, unnumbered paragraph 1, Code
312023, is amended to read as follows:
32The board shall provide the chief executive officer director
33and the administrator with private-sector perspectives of a
34large marketing enterprise. The board shall do all of the
35following:
-1283-1 Sec. 2317. Section 99G.9, subsections 1 and 5, Code 2023,
2are amended by striking the subsections.
3 Sec. 2318. Section 99G.9, subsection 2, Code 2023, is
4amended to read as follows:
52. Approve, disapprove, amend, or modify the terms of major
6 lottery procurements recommended by the chief executive officer
7 administrator.
8 Sec. 2319. Section 99G.9, subsection 3, unnumbered
9paragraph 1, Code 2023, is amended to read as follows:
10Adopt policies and procedures and promulgate administrative
11rules pursuant to chapter 17A relating to the management and
12operation of the authority Iowa lottery. The administrative
13rules promulgated pursuant to this subsection may include but
14shall not be limited to the following:
15 Sec. 2320. Section 99G.9, subsection 3, paragraph c, Code
162023, is amended to read as follows:
17c. The number and amount of prizes, including but not
18limited to prizes of free tickets or shares in lottery games
19conducted by the authority division and merchandise prizes.
20The authority division shall maintain and make available for
21public inspection at its offices during regular business hours
22a detailed listing of the estimated number of prizes of each
23particular denomination that are expected to be awarded in
24any game that is on sale or the estimated odds of winning the
25prizes and, after the end of the claim period, shall maintain
26and make available a listing of the total number of tickets
27or shares sold in a game and the number of prizes of each
28denomination that were awarded.
29 Sec. 2321. Section 99G.9, subsection 3, paragraph j, Code
302023, is amended by striking the paragraph.
31 Sec. 2322. Section 99G.9, subsection 4, Code 2023, is
32amended to read as follows:
334. Adopt game specific rules. The promulgation of game
34specific rules shall not be subject to the requirements of
35chapter 17A. However, game specific rules shall be made
-1284-1available to the public prior to the time the games go on
2sale and shall be kept on file at the office of the authority
3 division.
4 Sec. 2323. Section 99G.10, Code 2023, is amended by striking
5the section and inserting in lieu thereof the following:
699G.10 Lottery personnel.
71. An employee of the division shall not have a financial
8interest in any vendor doing business or proposing to do
9business with the department under this chapter. However, an
10employee may own shares of a mutual fund which may hold shares
11of a vendor corporation provided the employee does not have the
12ability to influence the investment functions of the mutual
13fund.
142. An employee of the division with decision-making
15authority under this chapter shall not participate in any
16decision involving a retailer with whom the employee has a
17financial interest.
183. A background investigation shall be conducted by
19the department of public safety, division of criminal
20investigation, on each applicant who has reached the final
21selection process prior to employment by the department under
22this chapter. For positions not designated as sensitive by the
23department, the investigation may consist of a state criminal
24history background check, work history, and financial review.
25The department shall identify those sensitive positions of
26the division which require full background investigations,
27which positions shall include, at a minimum, any officer of
28the division, and any employee with operational management
29responsibilities, security duties, or system maintenance or
30programming responsibilities related to the division’s data
31processing or network hardware, software, communication, or
32related systems under this chapter. In addition to a work
33history and financial review, a full background investigation
34may include a national criminal history check through the
35federal bureau of investigation. The screening of employees
-1285-1through the federal bureau of investigation shall be conducted
2by submission of fingerprints through the state criminal
3history repository to the federal bureau of investigation. The
4results of background investigations conducted pursuant to this
5section shall not be considered public records under chapter
622.
74. A person who has been convicted of a felony or bookmaking
8or other form of illegal gambling or of a crime involving moral
9turpitude shall not be employed by the department under this
10chapter.
115. The department shall bond employees with access to Iowa
12lottery funds or lottery revenue under this chapter in such
13an amount as provided by the department and may bond other
14employees under this chapter as deemed necessary.
15 Sec. 2324. Section 99G.11, subsections 1, 2, and 3, Code
162023, are amended to read as follows:
171. A member of the board, any officer, or other employee
18of the authority division shall not directly or indirectly,
19individually, as a member of a partnership or other
20association, or as a shareholder, director, or officer of a
21corporation have an interest in a business that contracts for
22the operation or marketing of the lottery as authorized by this
23chapter, unless the business is controlled or operated by a
24consortium of lotteries in which the authority division has an
25interest.
262. Notwithstanding the provisions of chapter 68B, a
27person contracting or seeking to contract with the state to
28supply gaming equipment or materials for use in the operation
29of the lottery, an applicant for a license to sell tickets
30or shares in the lottery, or a retailer shall not offer a
31member of the board, any officer, or other employee of the
32authority division, or a member of their immediate family a
33gift, gratuity, or other thing having a value of more than the
34limits established in chapter 68B, other than food and beverage
35consumed at a meal. For purposes of this subsection, “member
-1286-1of their immediate family” means a spouse, child, stepchild,
2brother, brother-in-law, stepbrother, sister, sister-in-law,
3stepsister, parent, parent-in-law, or step-parent of the board
4member, the officer, or other employee who resides in the same
5household in the same principal residence of the board member,
6officer, or other employee.
73. If a board member, officer, or other employee of the
8authority division violates a provision of this section, the
9board member, officer, or employee shall be immediately removed
10from the office or position.
11 Sec. 2325. Section 99G.12, subsection 2, paragraphs a and b,
12Code 2023, are amended to read as follows:
13a. The self-service kiosk shall be owned or leased by the
14authority department.
15b. The self-service kiosk shall only be located in a retail
16location licensed by the authority division pursuant to this
17chapter. The authority division shall determine, in its sole
18discretion, the placement of the self-service kiosk.
19 Sec. 2326. Section 99G.21, subsections 1, 3, 4, and 5, Code
202023, are amended to read as follows:
211. Funds of the state shall not be used or obligated to pay
22the expenses or prizes of the authority department under this
23chapter.
243. Notwithstanding any other provision of law, any
25purchase of real property and any borrowing of more than one
26million dollars by the authority department for purposes of
27this chapter shall require written notice from the authority
28 department to the general assembly’s standing committees on
29government oversight and the prior approval of the executive
30council.
314. The powers enumerated in this section are cumulative of
32and in addition to those powers enumerated elsewhere in this
33chapter and no such powers limit or restrict any other powers
34of the authority department under this chapter.
355. Departments, boards, commissions, or other agencies of
-1287-1this state shall provide reasonable assistance and services to
2the authority department for purposes of this chapter upon the
3request of the chief executive officer director.
4 Sec. 2327. Section 99G.21, subsection 2, unnumbered
5paragraph 1, Code 2023, is amended to read as follows:
6The authority shall have any and all powers necessary
7or convenient to carry out and effectuate department, in
8carrying out the purposes and provisions of this chapter which
9are not in conflict with the Constitution of the State of
10Iowa, including, but without limiting the generality of the
11foregoing, shall have the following powers:
12 Sec. 2328. Section 99G.21, subsection 2, paragraphs h, i, l,
13p, and q, Code 2023, are amended by striking the paragraphs.
14 Sec. 2329. Section 99G.22, subsections 1, 3, 4, and 6, Code
152023, are amended to read as follows:
161. The authority department shall investigate the financial
17responsibility, security, and integrity of any lottery system
18vendor who is a finalist in submitting a bid, proposal, or
19offer as part of a major procurement contract. Before a major
20 procurement contract is awarded, the division of criminal
21investigation of the department of public safety shall conduct
22a background investigation of the vendor to whom the contract
23is to be awarded. The chief executive officer and board
24 administrator shall consult with the division of criminal
25investigation and shall provide for the scope of the background
26investigation and due diligence to be conducted in connection
27with major procurement contracts. At the time of submitting
28a bid, proposal, or offer to the authority department on a
29major procurement contract, the authority shall require that
30 each vendor shall be required to submit to the division of
31criminal investigation appropriate investigation authorization
32to facilitate this investigation, together with an advance
33of funds to meet the anticipated investigation costs. If
34the division of criminal investigation determines that
35additional funds are required to complete an investigation,
-1288-1the vendor will be so advised. The background investigation
2by the division of criminal investigation may include a
3national criminal history check through the federal bureau of
4investigation. The screening of vendors or their employees
5through the federal bureau of investigation shall be conducted
6by submission of fingerprints through the state criminal
7history repository to the federal bureau of investigation.
83. A major procurement contract shall not be entered into
9with any lottery system vendor who has not complied with
10the disclosure requirements described in this section, and
11any contract with such a vendor is voidable at the option
12of the authority. Any contract with a vendor that does not
13comply with the requirements for periodically updating such
14disclosures during the tenure of the contract as may be
15specified in such contract may be terminated by the authority.
16The provisions of this section shall be construed broadly
17and liberally to achieve the ends of full disclosure of
18all information necessary to allow for a full and complete
19evaluation by the authority department of the competence,
20integrity, background, and character of vendors for major
21 procurements.
224. A major procurement contract shall not be entered into
23with any vendor who has been found guilty of a felony related
24to the security or integrity of the lottery in this or any
25other jurisdiction.
266. If, based on the results of a background investigation,
27the board department determines that the best interests of
28the authority department, including but not limited to the
29authority’s department’s reputation for integrity, would be
30served thereby, the board department may disqualify a potential
31vendor from contracting with the authority department for a
32major procurement contract or from acting as a subcontractor in
33connection with a contract for a major procurement contract.
34 Sec. 2330. Section 99G.22, subsection 5, Code 2023, is
35amended by striking the subsection.
-1289-1 Sec. 2331. Section 99G.23, Code 2023, is amended to read as
2follows:
399G.23 Vendor bonding, and tax filing, and competitive
4bidding.
51. The authority may purchase, lease, or lease-purchase
6such goods or services as are necessary for effectuating the
7purposes of this chapter. The authority division may make
8procurements that integrate functions such as lottery game
9design, lottery ticket distribution to retailers, supply of
10goods and services, and advertising. In all procurement
11decisions under this chapter, the authority division shall
12take into account the particularly sensitive nature of the
13lottery and shall act to promote and ensure security, honesty,
14fairness, and integrity in the operation and administration
15of the lottery and the objectives of raising net proceeds for
16state programs.
172. Each vendor shall, at the execution of the contract
18with the authority division, post a performance bond or letter
19of credit from a bank or credit provider acceptable to the
20authority division in an amount as deemed necessary by the
21authority division for that particular bid or contract.
223. Each vendor shall be qualified to do business in this
23state and shall file appropriate tax returns as provided by the
24laws of this state.
254. All major procurement contracts must be competitively
26bid pursuant to policies and procedures approved by the board
27unless there is only one qualified vendor and that vendor has
28an exclusive right to offer the service or product.
29 Sec. 2332. Section 99G.24, Code 2023, is amended to read as
30follows:
3199G.24 Retailer compensation — licensing.
321. The general assembly recognizes that to conduct a
33successful lottery, the authority department must develop and
34maintain a statewide network of lottery retailers that will
35serve the public convenience and promote the sale of tickets
-1290-1or shares and the playing of lottery games while ensuring the
2integrity of the lottery operations, games, and activities.
32. The board shall determine the compensation to be paid
4to licensed retailers. Compensation may include provision
5for variable payments based on sales volume or incentive
6considerations.
73. The authority department shall issue a license
8certificate to each person with whom it contracts as a retailer
9for purposes of display as provided in this section. Every
10lottery retailer shall post its license certificate, or a
11facsimile thereof, and keep it conspicuously displayed in a
12location on the premises accessible to the public. No license
13shall be assignable or transferable. Once issued, a license
14shall remain in effect until canceled, suspended, or terminated
15by the authority department.
164. A licensee under this section shall cooperate with the
17authority department by using point-of-purchase materials,
18posters, and other marketing material when requested to do so
19by the authority department. Lack of cooperation is sufficient
20cause for revocation of a retailer’s license.
215. The board shall develop a list of objective criteria upon
22which the qualification of lottery retailers shall be based.
23Separate criteria shall be developed to govern the selection
24of retailers of instant tickets and on-line retailers. In
25developing these criteria, the board shall consider such
26factors as the applicant’s financial responsibility, security
27of the applicant’s place of business or activity, accessibility
28to the public, integrity, and reputation. The criteria shall
29include but not be limited to the volume of expected sales
30and the sufficiency of existing licensees to serve the public
31convenience.
326. The applicant shall be current in filing all applicable
33tax returns to the state of Iowa and in payment of all taxes,
34interest, and penalties owed to the state of Iowa, excluding
35items under formal appeal pursuant to applicable statutes. The
-1291-1department of revenue is authorized and directed to provide
2this information to the authority those employees of the
3division designated to receive this information.
47. A person, partnership, unincorporated association,
5authority, or other business entity shall not be selected as
6a lottery retailer if the person or entity meets any of the
7following conditions:
8a. Has been convicted of a criminal offense related to
9the security or integrity of the lottery in this or any other
10jurisdiction.
11b. Has been convicted of any illegal gambling activity,
12false statements, perjury, fraud, or a felony in this or any
13other jurisdiction.
14c. Has been found to have violated the provisions of
15this chapter or any regulation, policy, or procedure of
16the authority or of the lottery division unless either ten
17years have passed since the violation or the board finds the
18violation both minor and unintentional in nature.
19d. Is a vendor or any employee or agent of any vendor doing
20business with the authority department under this chapter or
21the division.
22e. Resides in the same household as an officer of the
23authority division.
24f. Is less than eighteen years of age.
25g. Does not demonstrate financial responsibility sufficient
26to adequately meet the requirements of the proposed enterprise.
27h. Has not demonstrated that the applicant is the true
28owner of the business proposed to be licensed and that all
29persons holding at least a ten percent ownership interest in
30the applicant’s business have been disclosed.
31i. Has knowingly made a false statement of material fact to
32the authority department.
338. Persons applying to become lottery retailers may be
34charged a uniform application fee for each lottery outlet.
359. Any lottery retailer contract executed pursuant to
-1292-1this section may, for good cause, be suspended, revoked, or
2terminated by the chief executive officer director or the
3chief executive officer’s director’s designee if the retailer
4is found to have violated any provision of this chapter
5or objective criteria established by the board. Cause for
6suspension, revocation, or termination may include, but is not
7limited to, sale of tickets or shares to a person under the
8age of twenty-one and failure to pay for lottery products in a
9timely manner.
10 Sec. 2333. Section 99G.25, Code 2023, is amended to read as
11follows:
1299G.25 License not assignable.
13Any lottery retailer license certificate or contract shall
14not be transferable or assignable. The authority department
15 may issue a temporary license when deemed in the best interests
16of the state. A lottery retailer shall not contract with any
17person for lottery goods or services, except with the approval
18of the board.
19 Sec. 2334. Section 99G.26, Code 2023, is amended to read as
20follows:
2199G.26 Retailer bonding.
22The authority department may require any retailer to post an
23appropriate bond, as determined by the authority department,
24using a cash bond or an insurance company acceptable to the
25authority department.
26 Sec. 2335. Section 99G.27, Code 2023, is amended to read as
27follows:
2899G.27 Lottery retail licenses — cancellation, suspension,
29revocation, or termination.
301. A lottery retail license issued by the authority
31 department pursuant to this chapter may be canceled, suspended,
32revoked, or terminated by the authority department for reasons
33including, but not limited to, any of the following:
34a. A violation of this chapter, a regulation, or a policy or
35procedure of the authority division.
-1293- 1b. Failure to accurately or timely account or pay for
2lottery products, lottery games, revenues, or prizes as
3required by the authority division.
4c. Commission of any fraud, deceit, or misrepresentation.
5d. Insufficient sales.
6e. Conduct prejudicial to public confidence in the lottery.
7f. The retailer filing for or being placed in bankruptcy or
8receivership.
9g. Any material change as determined in the sole discretion
10of the authority department in any matter considered by
11the authority department in executing the contract with the
12retailer.
13h. Failure to meet any of the objective criteria established
14by the authority division pursuant to this chapter.
15i. Other conduct likely to result in injury to the property,
16revenue, or reputation of the authority department under this
17chapter.
182. A lottery retailer license may be temporarily suspended
19by the authority department without prior notice if the
20chief executive officer director or designee determines that
21further sales by the licensed retailer are likely to result in
22immediate injury to the property, revenue, or reputation of the
23authority department.
243. The board shall adopt administrative rules governing
25appeals of lottery retailer licensing disputes.
26 Sec. 2336. Section 99G.28, Code 2023, is amended to read as
27follows:
2899G.28 Proceeds held in trust.
29All proceeds from the sale of the lottery tickets or shares
30shall constitute a trust fund until paid to the authority
31 division directly, through electronic funds transfer to the
32authority division, or through the authority’s division’s
33 authorized collection representative. A lottery retailer
34and officers of a lottery retailer’s business shall have a
35fiduciary duty to preserve and account for lottery proceeds and
-1294-1lottery retailers shall be personally liable for all proceeds.
2Proceeds shall include unsold products received but not paid
3for by a lottery retailer and cash proceeds of the sale of any
4lottery products net of allowable sales commissions and credit
5for lottery prizes paid to winners by lottery retailers. Sales
6proceeds of pull-tab tickets shall include the sales price
7of the lottery product net of allowable sales commission and
8prizes contained in the product. Sales proceeds and unused
9instant tickets shall be delivered to the authority division or
10its authorized collection representative upon demand.
11 Sec. 2337. Section 99G.29, Code 2023, is amended to read as
12follows:
1399G.29 Retailer rental calculations — lottery ticket sales
14treatment.
15If a lottery retailer’s rental payments for the business
16premises are contractually computed, in whole or in part, on
17the basis of a percentage of retail sales and such computation
18of retail sales is not explicitly defined to include sales
19of tickets or shares in a state-operated or state-managed
20lottery, only the compensation received by the lottery retailer
21from the authority department may be considered the amount of
22the lottery retail sale for purposes of computing the rental
23payment.
24 Sec. 2338. Section 99G.30, Code 2023, is amended to read as
25follows:
2699G.30 Ticket sales requirements — penalties.
271. Lottery tickets or shares may be distributed by the
28authority division for promotional purposes.
292. A ticket or share shall not be sold at a price other
30than that fixed by the authority division and a sale shall not
31be made other than by a retailer or an employee of the retailer
32who is authorized by the retailer to sell tickets or shares. A
33person who violates a provision of this subsection is guilty
34of a simple misdemeanor.
353. A ticket or share shall not be sold to a person who has
-1295-1not reached the age of twenty-one. Any person who knowingly
2sells a lottery ticket or share to a person under the age
3of twenty-one shall be guilty of a simple misdemeanor. It
4shall be an affirmative defense to a charge of a violation
5under this section that the retailer reasonably and in good
6faith relied upon presentation of proof of age in making the
7sale. A prize won by a person who has not reached the age
8of twenty-one but who purchases a winning ticket or share in
9violation of this subsection shall be forfeited. This section
10does not prohibit the lawful purchase of a ticket or share for
11the purpose of making a gift to a person who has not reached the
12age of twenty-one. The board shall adopt administrative rules
13governing the payment of prizes to persons who have not reached
14the age of twenty-one.
154. Except for the authority department, a retailer shall
16only sell lottery products on the licensed premises and not
17through the mail or by technological means except as the
18authority department may provide or authorize.
195. The retailer may accept payment by cash, check, money
20order, debit card, or electronic funds transfer. The retailer
21shall not extend or arrange credit for the purchase of a ticket
22or share. As used in this subsection, “cash” means United
23States currency.
246. Nothing in this chapter shall be construed to prohibit
25the authority department from designating certain of its
26agents and employees to sell or give lottery tickets or shares
27directly to the public.
287. No elected official’s name shall be printed on tickets.
29 Sec. 2339. Section 99G.31, subsections 1 and 2, Code 2023,
30are amended to read as follows:
311. The chief executive officer administrator shall award
32the designated prize to the holder of the ticket or share upon
33presentation of the winning ticket or confirmation of a winning
34share. The prize shall be given to only one person as provided
35in this section; however, a prize shall be divided between
-1296-1holders of winning tickets if there is more than one winning
2ticket.
32. The authority division shall only pay prizes for lottery
4tickets or shares that the authority department determines were
5legally purchased, legally possessed, and legally presented.
6 Sec. 2340. Section 99G.31, subsection 3, unnumbered
7paragraph 1, Code 2023, is amended to read as follows:
8The authority board shall adopt administrative rules,
9policies, and procedures to establish a system of verifying
10the validity of tickets or shares claimed to win prizes and
11to effect payment of such prizes, subject to the following
12requirements:
13 Sec. 2341. Section 99G.31, subsection 3, paragraphs b, d, f,
14g, h, and i, Code 2023, are amended to read as follows:
15b. A prize shall not be paid arising from claimed tickets
16that are stolen, counterfeit, altered, fraudulent, unissued,
17produced or issued in error, unreadable, not received, or
18not recorded by the authority division within applicable
19deadlines; lacking in captions that conform and agree with the
20play symbols as appropriate to the particular lottery game
21involved; or not in compliance with such additional specific
22administrative rules, policies, and public or confidential
23validation and security tests of the authority division
24 appropriate to the particular lottery game involved.
25d. Unclaimed prize money for the prize on a winning ticket
26or share shall be retained for a period deemed appropriate
27by the chief executive officer administrator, subject to
28approval by the board. If a valid claim is not made for the
29money within the applicable period, the unclaimed prize money
30shall be added to the pool from which future prizes are to be
31awarded or used for special prize promotions. Notwithstanding
32this subsection, the disposition of unclaimed prize money from
33multijurisdictional games shall be made in accordance with the
34rules of the multijurisdictional game.
35f. The authority division is discharged of all liability
-1297-1upon payment of a prize pursuant to this section.
2g. No ticket or share issued by the authority division
3 shall be purchased by and no prize shall be paid to any member
4of the board of directors; any officer or employee of the
5authority department under this chapter; or to any spouse,
6child, brother, sister, or parent residing as a member of the
7same household in the principal place of residence of any such
8person.
9h. No ticket or share issued by the authority division shall
10be purchased by and no prize shall be paid to any officer,
11employee, agent, or subcontractor of any vendor or to any
12spouse, child, brother, sister, or parent residing as a member
13of the same household in the principal place of residence
14of any such person if such officer, employee, agent, or
15subcontractor has access to confidential information which may
16compromise the integrity of the lottery.
17i. The proceeds of any lottery prize shall be subject to
18state and federal income tax laws. An amount deducted from the
19prize for payment of a state tax, pursuant to section 422.16,
20subsection 1, shall be transferred by the authority to the
21department of revenue on behalf of the prize winner.
22 Sec. 2342. Section 99G.32, Code 2023, is amended to read as
23follows:
2499G.32 Authority Department legal representation — lottery.
25The authority department shall retain the services of legal
26counsel to advise the authority department and the board
27under this chapter and to provide representation in legal
28proceedings. The authority department may retain the attorney
29general or a full-time assistant attorney general in that
30capacity and provide reimbursement for the cost of advising and
31representing the board and the authority department.
32 Sec. 2343. Section 99G.33, Code 2023, is amended to read as
33follows:
3499G.33 Law enforcement investigations.
35The department of public safety, division of criminal
-1298-1investigation, shall be the primary state agency responsible
2for investigating criminal violations under this chapter.
3The chief executive officer director shall contract with
4the department of public safety for investigative services,
5including the employment of special agents and support
6personnel, and procurement of necessary equipment to carry out
7the responsibilities of the division of criminal investigation
8under the terms of the contract and this chapter.
9 Sec. 2344. Section 99G.34, unnumbered paragraph 1, Code
102023, is amended to read as follows:
11The records of the authority department under this chapter
12 shall be governed by the provisions of chapter 22, provided
13that, in addition to records that may be kept confidential
14pursuant to section 22.7, the following records shall be kept
15confidential, unless otherwise ordered by a court, by the
16lawful custodian of the records, or by another person duly
17authorized to release such information:
18 Sec. 2345. Section 99G.34, subsections 1, 4, and 7, Code
192023, are amended to read as follows:
201. Marketing plans, research data, and proprietary
21intellectual property owned or held by the authority department
22for purposes of this chapter under contractual agreements.
234. Security records pertaining to investigations and
24intelligence-sharing information between lottery security
25officers and those of other lotteries and law enforcement
26agencies, the security portions or segments of lottery
27requests for proposals, proposals by vendors to conduct
28lottery operations, and records of the security division of
29the authority department under this chapter pertaining to game
30security data, ticket validation tests, and processes.
317. Security reports and other information concerning bids
32or other contractual data, the disclosure of which would impair
33the efforts of the authority department to contract for goods
34or services on favorable terms under this chapter.
35 Sec. 2346. Section 99G.35, Code 2023, is amended to read as
-1299-1follows:
299G.35 Security.
31. The authority’s department’s chief security officer
4and investigators under this chapter shall be qualified by
5training and experience in law enforcement to perform their
6respective duties in support of the activities of the security
7office. The chief security officer and investigators shall not
8have sworn peace officer status. The lottery security office
9shall perform all of the following activities in support of the
10authority mission of the department under this chapter:
11a. Supervise ticket or share validation and lottery
12drawings, provided that the authority department may enter
13into cooperative agreements with multijurisdictional lottery
14administrators for shared security services at drawings and
15game show events involving more than one participating lottery.
16b. Inspect at times determined solely by the authority
17 department the facilities of any vendor or lottery retailer in
18order to determine the integrity of the vendor’s product or the
19operations of the retailer in order to determine whether the
20vendor or the retailer is in compliance with its contract.
21c. Report any suspected violations of this chapter to
22the appropriate county attorney or the attorney general and
23to any law enforcement agencies having jurisdiction over the
24violation.
25d. Upon request, provide assistance to any county attorney,
26the attorney general, the department of public safety, or any
27other law enforcement agency.
28e. Upon request, provide assistance to retailers in meeting
29their licensing contract requirements and in detecting retailer
30employee theft.
31f. Monitor authority division operations for compliance with
32internal security requirements.
33g. Provide physical security at the authority’s central
34operations facilities used by the department for purposes of
35this chapter.
-1300- 1h. Conduct on-press product production surveillance,
2testing, and quality approval for printed scratch and pull-tab
3tickets.
4i. Coordinate employee and retailer background
5investigations conducted by the department of public safety,
6division of criminal investigation.
72. The authority department may enter into
8intelligence-sharing, reciprocal use, or restricted use
9agreements for purposes of this chapter with the federal
10government, law enforcement agencies, lottery regulation
11agencies, and gaming enforcement agencies of other
12jurisdictions which provide for and regulate the use of
13information provided and received pursuant to the agreement.
143. Records, documents, and information in the possession of
15the authority department received under this chapter pursuant
16to an intelligence-sharing, reciprocal use, or restricted
17use agreement entered into by the authority department with
18a federal department or agency, any law enforcement agency,
19or the lottery regulation or gaming enforcement agency of any
20jurisdiction shall be considered investigative records of a law
21enforcement agency and are not subject to chapter 22 and shall
22not be released under any condition without the permission of
23the person or agency providing the record or information.
24 Sec. 2347. Section 99G.36, subsection 5, Code 2023, is
25amended to read as follows:
265. No person shall knowingly or intentionally make
27a material false statement in any lottery prize claim,
28make a material false statement in any application for a
29license or proposal to conduct lottery activities, or make a
30material false entry in any book or record which is compiled
31or maintained or submitted to the authority or the board
32 department pursuant to the provisions of this chapter. Any
33person who violates the provisions of this subsection shall be
34guilty of a class “D” felony.
35 Sec. 2348. Section 99G.37, Code 2023, is amended by striking
-1301-1the section and inserting in lieu thereof the following:
299G.37 Competitive bidding.
3All procurement contracts under this chapter must be
4competitively bid in accordance with chapter 8A, subchapter
5III, part 2. Procurement contracts shall take into
6consideration the greatest integrity for the Iowa lottery.
7In any bidding process, the services of the department of
8administrative services shall be utilized.
9 Sec. 2349. Section 99G.38, Code 2023, is amended to read as
10follows:
1199G.38 Authority Lottery finance — self-sustaining.
121. The authority department may borrow, or accept and
13expend, in accordance with the provisions of this chapter, such
14moneys as may be received from any source, including income
15from the authority’s department’s operations, for effectuating
16its business purposes under this chapter, including the payment
17of the initial expenses of initiation, administration, and
18operation of the authority department under this chapter and
19the lottery.
202. The authority department as it relates to the lottery
21 shall be self-sustaining and self-funded. Moneys in the
22general fund of the state shall not be used or obligated to pay
23the expenses of the authority department under this chapter
24 or prizes of the lottery, and no claim for the payment of an
25expense of the lottery or prizes of the lottery may be made
26against any moneys other than moneys credited to the authority
27 department operating account pursuant to this chapter.
283. The state of Iowa offset program, as provided in section
298A.504, shall be available to the authority department to
30facilitate receipt of funds owed to the authority department
31under this chapter.
32 Sec. 2350. Section 99G.39, subsections 1 and 3, Code 2023,
33are amended to read as follows:
341. Upon receipt of any revenue, the chief executive officer
35 director shall deposit the moneys in the lottery fund created
-1302-1pursuant to section 99G.40. At least fifty percent of the
2projected annual revenue accruing from the sale of tickets
3or shares shall be allocated for payment of prizes to the
4holders of winning tickets. After the payment of prizes, the
5expenses of conducting the lottery shall be deducted from the
6authority’s department’s revenue under this chapter prior to
7disbursement. Expenses for advertising production and media
8purchases shall not exceed four percent of the authority’s
9 department’s gross revenue under this chapter for the year.
103. Two million five hundred thousand dollars in lottery
11revenues shall be transferred each fiscal year to the veterans
12trust fund established pursuant to section 35A.13 prior to
13deposit of the lottery revenues in the general fund pursuant
14to section 99G.40. However, if the balance of the veterans
15trust fund is fifty million dollars or more, the moneys shall
16be appropriated to the department of revenue for distribution
17to county directors of veteran affairs, with fifty percent
18of the moneys to be distributed equally to each county and
19fifty percent of the moneys to be distributed to each county
20based upon the population of veterans in the county, so long
21as the moneys distributed to a county do not supplant moneys
22appropriated by that county for the county director of veteran
23affairs.
24 Sec. 2351. Section 99G.39, subsection 6, paragraph b, Code
252023, is amended to read as follows:
26b. The treasurer of state shall, each quarter, prepare
27an estimate of the gaming revenues and lottery revenues that
28will become available during the remainder of the appropriate
29fiscal year for the purposes described in paragraph “a”. The
30department of management and the department of revenue shall
31take appropriate actions to provide that the amount of gaming
32revenues and lottery revenues that will be available during the
33remainder of the appropriate fiscal year is sufficient to cover
34any anticipated deficiencies.
35 Sec. 2352. Section 99G.40, Code 2023, is amended to read as
-1303-1follows:
299G.40 Audits and reports — lottery fund.
31. To ensure the financial integrity of the lottery, the
4authority department shall do all of the following:
5a. Submit quarterly and annual reports to the governor,
6state auditor, and the general assembly disclosing the total
7lottery revenues, prize disbursements, and other expenses
8of the authority department under this chapter during the
9reporting period. The fourth quarter report shall be included
10in the annual report made pursuant to this section. The annual
11report shall include a complete statement of lottery revenues,
12prize disbursements, and other expenses, and recommendations
13for changes in the law that the chief executive officer
14 director deems necessary or desirable for purposes of this
15chapter. The annual report shall be submitted within one
16hundred twenty days after the close of the fiscal year. The
17chief executive officer director shall report immediately to
18the governor, the treasurer of state, and the general assembly
19any matters that require immediate changes in the law in order
20to prevent abuses or evasions of this chapter or rules adopted
21or to rectify undesirable conditions in connection with the
22administration or operation of the lottery.
23b. Maintain weekly or more frequent records of lottery
24transactions, including the distribution of tickets or shares
25to retailers, revenues received, claims for prizes, prizes
26paid, prizes forfeited, and other financial transactions of the
27authority department under this chapter.
28c. The authority department shall deposit in the lottery
29fund created in subsection 2 any moneys received by retailers
30from the sale of tickets or shares less the amount of any
31compensation due the retailers. The chief executive officer
32 director may require licensees to file with the authority
33 department reports of receipts and transactions in the sale
34of tickets or shares. The reports shall be in the form and
35contain the information the chief executive officer director
-1304-1 requires.
22. A lottery fund is created in the office of the treasurer
3of state and shall exist as the recipient fund for authority
4 department receipts under this chapter. The fund consists
5of all revenues received from the sale of lottery tickets or
6shares and all other moneys lawfully credited or transferred
7to the fund. The chief executive officer director shall
8certify quarterly that portion of the fund that has been
9transferred to the general fund of the state under this chapter
10and shall cause that portion to be transferred to the general
11fund of the state. However, upon the request of the chief
12executive officer director and subject to the approval by
13the treasurer of state, an amount sufficient to cover the
14foreseeable administrative expenses of the lottery for a period
15of twenty-one days may be retained from the lottery fund.
16Prior to the quarterly transfer to the general fund of the
17state, the chief executive officer director may direct that
18lottery revenue shall be deposited in the lottery fund and in
19interest-bearing accounts designated by the treasurer of state.
20Interest or earnings paid on the deposits or investments is
21considered lottery revenue and shall be transferred to the
22general fund of the state in the same manner as other lottery
23revenue.
243. The chief executive officer director shall certify
25before the last day of the month following each quarter
26that portion of the lottery fund resulting from the previous
27quarter’s sales to be transferred to the general fund of the
28state.
294. For informational purposes only, the chief executive
30officer shall submit to the department of management by October
311 of each year a proposed operating budget for the authority
32for the succeeding fiscal year. This budget proposal shall
33also be accompanied by an estimate of the net proceeds to
34be deposited into the general fund during the succeeding
35fiscal year. This budget shall be on forms prescribed by the
-1305-1department of management. A copy of the information required
2to be submitted to the department of management pursuant to
3this subsection shall be submitted to the general assembly’s
4standing committees on government oversight and the legislative
5services agency by October 1 of each year.
65. 4. The authority shall adopt the same fiscal year
7as that used by state government and activities of the
8division shall be audited annually as part of the audit of
9the department by the auditor of state or a certified public
10accounting firm appointed by the auditor. The auditor of state
11or a designee conducting an audit of the activities of the
12division under this chapter shall have access and authority to
13examine any and all records of licensees necessary to determine
14compliance with this chapter and the rules adopted pursuant to
15this chapter. The cost of audits and examinations conducted
16by the auditor of state or a designee shall be paid for by the
17authority as provided in chapter 11.
18 Sec. 2353. Section 99G.41, Code 2023, is amended to read as
19follows:
2099G.41 Prize offsets — garnishments.
211. Any claimant agency may submit to the authority
22 department a list of the names of all persons indebted to such
23claimant agency or to persons on whose behalf the claimant
24agency is acting. The full amount of the debt shall be
25collectible from any lottery winnings due the debtor without
26regard to limitations on the amounts that may be collectible
27in increments through garnishment or other proceedings. Such
28list shall constitute a valid lien upon and claim of lien
29against the lottery winnings of any debtor named in such list.
30The list shall contain the names of the debtors, their social
31security numbers if available, and any other information that
32assists the authority department in identifying the debtors
33named in the list.
342. The authority department is authorized and directed
35to withhold any winnings paid out directly by the authority
-1306-1 department subject to the lien created by this section and
2send notice to the winner. However, if the winner appears
3and claims winnings in person, the authority department shall
4notify the winner at that time by hand delivery of such action.
5The authority department shall pay the funds over to the agency
6administering the offset program.
73. Notwithstanding the provisions of section 99G.34
8which prohibit disclosure by the authority department of
9certain portions of the contents of prize winner records or
10information, and notwithstanding any other confidentiality
11statute, the authority department may provide to a claimant
12agency all information necessary to accomplish and effectuate
13the intent of this section.
144. The information obtained by a claimant agency from
15the authority department in accordance with this section
16shall retain its confidentiality and shall only be used by a
17claimant agency in the pursuit of its debt collection duties
18and practices. Any employee or prior employee of any claimant
19agency who unlawfully discloses any such information for any
20other purpose, except as otherwise specifically authorized by
21law, shall be subject to the same penalties specified by law
22for unauthorized disclosure of confidential information by
23an agent or employee of the authority department under this
24chapter.
255. Except as otherwise provided in this chapter,
26attachments, garnishments, or executions authorized and issued
27pursuant to law shall be withheld if timely served upon the
28authority department.
296. The provisions of this section shall only apply to prizes
30paid directly by the authority department and shall not apply
31to any retailers authorized by the board department to pay
32prizes of up to six hundred dollars after deducting the price
33of the ticket or share.
34 Sec. 2354. Section 99G.42, Code 2023, is amended to read as
35follows:
-1307- 199G.42 Compulsive gamblers — treatment program information.
2The authority department shall cooperate with the gambling
3treatment program administered by the Iowa department of public
4 health and human services to incorporate information regarding
5the gambling treatment program and its toll-free telephone
6number in printed materials distributed by the authority
7 department pursuant to this chapter.
8 Sec. 2355. IOWA LOTTERY — TRANSITION PROVISIONS.
91. For purposes of this section, unless the context
10otherwise requires:
11a. “Department” means the department of revenue.
12b. “Iowa lottery authority” means the Iowa lottery
13authority established pursuant to 2003 Iowa Acts, chapter 178,
14section 66.
152. The department shall be the legal successor to the
16Iowa lottery authority and, as such, shall assume all rights,
17privileges, obligations, and responsibilities of the Iowa
18lottery authority. The promulgated rules of the Iowa lottery
19authority shall remain in full force and effect as the rules of
20the department until amended or repealed by the department. In
21addition, the department may continue the security practices
22and procedures utilized by the Iowa lottery authority until
23amended or repealed by the department.
243. At 12:01 a.m.on July 1, 2023, the department shall
25become the legal successor to the Iowa lottery authority.
264. Personnel of the Iowa lottery authority employed on
27July 1, 2023, shall transition to the department as department
28employees under chapter 99G. The chief executive officer
29of the Iowa lottery authority on July 1, 2023, shall be the
30lottery administrator, as provided in this Act, on that date
31without the requirement to be reappointed by the governor.
325. The department shall function as the legal successor to
33the Iowa lottery authority and shall assume all of the assets
34and obligations of the Iowa lottery authority, and funds of the
35state shall not be used or obligated to pay the expenses or
-1308-1prizes of the department or its predecessor, the Iowa lottery
2authority.
36. In order to effect an immediate and efficient transition
4of the lottery from the Iowa lottery authority to the
5department, as soon as practicable, the department shall do all
6of the following:
7a. Take such steps and enter into such agreements as
8the director of the department may determine are necessary
9and proper in order to effect the transfer, assignment, and
10delivery to the department from the Iowa lottery authority
11of all the tangible and intangible assets constituting the
12lottery, including the exclusive right to operate the lottery
13and the assignment to and assumption by the department of all
14agreements, covenants, and obligations of the Iowa lottery
15authority and other agencies of the state, relating to the
16operation and management of the lottery.
17b. Receive as transferee from the Iowa lottery authority all
18of the tangible and intangible assets constituting the lottery
19including, without limitation, the exclusive authorization
20to operate a lottery in the state of Iowa and ownership of
21annuities and bonds purchased prior to the date of transfer and
22held in the name of the Iowa lottery for payment of lottery
23prizes, and shall assume and discharge all of the agreements,
24covenants, and obligations of the Iowa lottery authority
25entered into and constituting part of the operation and
26management of the lottery. In consideration for such transfer
27and assumption, the department shall transfer to the state all
28net profits of the department under chapter 99G, at such times
29and subject to such financial transfer requirements as are
30provided in this division of this Act.
31alcoholic beverage control
32 Sec. 2356. Section 123.3, subsections 1 and 19, Code 2023,
33are amended by striking the subsections.
34 Sec. 2357. Section 123.3, Code 2023, is amended by adding
35the following new subsections:
-1309-1 NEW SUBSECTION. 16A. “Department” means the department of
2revenue.
3 NEW SUBSECTION. 17A. “Director” means the director of the
4department of revenue or the director’s designee.
5 Sec. 2358. Section 123.3, subsections 6, 14, 16, 26, 29, 30,
6and 38, Code 2023, are amended to read as follows:
76. “Application” means a written request for the issuance
8of a permit, license, or certificate that is supported by a
9verified statement of facts and submitted electronically, or in
10a manner prescribed by the administrator director.
1114. “Commercial establishment” means a place of business
12which is at all times equipped with sufficient tables and
13seats to accommodate twenty-five persons at one time, and
14the licensed premises of which conform to the standards and
15specifications of the division department.
1616. “Completed application” means an application where all
17necessary fees have been paid in full, any required bonds have
18been submitted, the applicant has provided all information
19requested by the division department, and the application
20meets the requirements of section 123.92, subsection 2, if
21applicable.
2226. The terms “in accordance with the provisions of this
23chapter”, “pursuant to the provisions of this title”, or similar
24terms shall include all rules and regulations of the division
25 department adopted to aid in the administration or enforcement
26of those provisions.
2729. “Licensed premises” or “premises” means all rooms,
28enclosures, contiguous areas, or places susceptible of precise
29description satisfactory to the administrator director where
30alcoholic beverages, wine, or beer is sold or consumed under
31authority of a retail alcohol license, wine permit, or beer
32permit. A single licensed premises may consist of multiple
33rooms, enclosures, areas, or places if they are wholly within
34the confines of a single building or contiguous grounds.
3530. “Local authority” means the city council of any
-1310-1incorporated city in this state, or the county board of
2supervisors of any county in this state, which is empowered by
3this chapter to approve or deny applications for retail alcohol
4licenses; empowered to recommend that such licenses be granted
5and issued by the division department; and empowered to take
6other actions reserved to them by this chapter.
738. “Permit” or “license” means an express written
8authorization issued by the division department for the
9manufacture or sale, or both, of alcoholic liquor, wine, or
10beer.
11 Sec. 2359. Section 123.3, subsection 40, paragraphs a and d,
12Code 2023, are amended to read as follows:
13a. The person has such financial standing and good
14reputation as will satisfy the administrator director that the
15person will comply with this chapter and all laws, ordinances,
16and regulations applicable to the person’s operations under
17this chapter. However, the administrator director shall not
18require the person to post a bond to meet the requirements of
19this paragraph.
20d. The person has not been convicted of a felony. However,
21if the person’s conviction of a felony occurred more than
22five years before the date of the application for a license
23or permit, and if the person’s rights of citizenship have
24been restored by the governor, the administrator director
25 may determine that the person is of good moral character
26notwithstanding such conviction.
27 Sec. 2360. Section 123.4, Code 2023, is amended by striking
28the section and inserting in lieu thereof the following:
29123.4 Alcoholic beverage control.
30The department of revenue shall administer and enforce the
31laws of this state concerning alcoholic beverage control.
32 Sec. 2361. Section 123.5, subsection 1, Code 2023, is
33amended to read as follows:
341. An alcoholic beverages commission is created within
35the division department. The commission is composed of five
-1311-1members, not more than three of whom shall belong to the same
2political party.
3 Sec. 2362. Section 123.6, Code 2023, is amended to read as
4follows:
5123.6 Commission meetings.
6The commission shall meet on or before July 1 of each year
7for the purpose of selecting one of its members as chairperson
8for the succeeding year. The commission shall otherwise meet
9quarterly or at the call of the chairperson or administrator
10 director or when three members file a written request for a
11meeting. Written notice of the time and place of each meeting
12shall be given to each member of the commission. A majority of
13the commission members shall constitute a quorum.
14 Sec. 2363. Section 123.7, Code 2023, is amended by striking
15the section and inserting in lieu thereof the following:
16123.7 Duties of director.
17The director shall supervise the daily operations of the
18department under this chapter and shall execute the alcoholic
19beverage control policies of the department.
20 Sec. 2364. Section 123.8, Code 2023, is amended to read as
21follows:
22123.8 Duties of commission and administrator.
231. The commission, in addition to the duties specifically
24enumerated in this chapter, shall act as a division
25 policy-making body under this chapter and serve in an advisory
26capacity to the administrator director and department. The
27administrator shall supervise the daily operations of the
28division and shall execute the policies of the division as
29determined by the commission.
302. The commission may review and affirm, reverse, or amend
31all actions of the administrator director under this chapter,
32including but not limited to the following instances:
33a. Purchases of alcoholic liquor for resale by the division
34 department.
35b. The establishment of wholesale prices of alcoholic
-1312-1liquor.
2 Sec. 2365. Section 123.9, unnumbered paragraph 1, Code
32023, is amended to read as follows:
4The administrator director, in executing divisional the
5alcoholic beverage control functions of the department, shall
6have the following duties and powers:
7 Sec. 2366. Section 123.9, subsections 1, 4, and 7, Code
82023, are amended to read as follows:
91. To receive alcoholic liquors on a bailment system for
10resale by the division department in the manner set forth in
11this chapter.
124. To appoint clerks, agents, or other employees required
13for carrying out the provisions of this chapter; to dismiss
14employees for cause; to assign employees to divisions and
15 bureaus as created by the administrator director within the
16division department; and to designate their title, duties, and
17powers. All employees of the division department for purposes
18of this chapter are subject to chapter 8A, subchapter IV,
19unless exempt under section 8A.412.
207. To accept alcoholic liquors ordered delivered to the
21alcoholic beverages division department pursuant to chapter
22809A, and offer for sale and deliver the alcoholic liquors to
23class “E” retail alcohol licensees, unless the administrator
24 director determines that the alcoholic liquors may be
25adulterated or contaminated. If the administrator director
26 determines that the alcoholic liquors may be adulterated or
27contaminated, the administrator director shall order their
28destruction.
29 Sec. 2367. Section 123.10, unnumbered paragraph 1, Code
302023, is amended to read as follows:
31The administrator director, with the approval of the
32commission and subject to chapter 17A, may adopt rules as
33necessary to carry out this chapter. The administrator’s
34 director’s authority under this chapter extends to, but is not
35limited to, the following:
-1313-1 Sec. 2368. Section 123.10, subsections 1, 6, 14, and 15,
2Code 2023, are amended to read as follows:
31. Prescribing the duties of officers, clerks, agents, or
4other employees of the division department under this chapter
5 and regulating their conduct while in the discharge of their
6duties.
76. Providing for the issuance and electronic distribution
8of price lists which show the price to be paid by class
9“E” retail alcohol licensees for each brand, class, or
10variety of liquor kept for sale by the division department,
11providing for the filing or posting of prices charged in sales
12between class “A” beer and class “A” wine permit holders and
13retailers, as provided in this chapter, and establishing or
14controlling the prices based on minimum standards of fill,
15quantity, or alcoholic content for each individual sale of
16alcoholic beverages as deemed necessary for retail or consumer
17protection. However, the division department shall not
18regulate markups, prices, discounts, allowances, or other terms
19of sale at which alcoholic liquor may be purchased by the
20retail public or retail alcohol licensees from class “E” retail
21alcohol licensees or at which wine may be purchased and sold
22by class “A” and retail wine permittees, or change, nullify,
23or vary the terms of an agreement between a holder of a vintner
24certificate of compliance and a class “A” wine permittee.
2514. Prescribing the uniform fee to be assessed against
26a retail alcohol licensee, except a class “B”, special class
27“B”, or class “E” retail alcohol licensee, to cover the
28administrative costs incurred by the division department
29 resulting from the failure of the licensee to maintain dramshop
30liability insurance coverage pursuant to section 123.92,
31subsection 2, paragraph “a”.
3215. Prescribing the uniform fee, not to exceed one hundred
33dollars, to be assessed against a licensee or permittee under
34this chapter for a contested case hearing conducted by the
35division department or by an administrative law judge from
-1314-1the department of inspections and appeals which results in
2administrative action taken against the licensee or permittee
3by the division department.
4 Sec. 2369. Section 123.11, Code 2023, is amended to read as
5follows:
6123.11 Compensation and expenses.
7Members of the commission, the administrator director, and
8other employees of the division department shall be allowed
9their actual and necessary expenses while traveling on business
10of the division department under this chapter outside of their
11place of residence, however, an itemized account of such
12expenses shall be verified by the claimant and approved by the
13administrator director. If such account is paid, the same
14shall be filed with the division department and be and remain
15a part of its permanent records. Each member appointed to
16the commission is entitled to receive reimbursement of actual
17expenses incurred while attending meetings. Each member of
18the commission may also be eligible to receive compensation
19as provided in section 7E.6. All expenses and salaries of
20commission members, the administrator director, and other
21employees shall be paid from appropriations for such purposes
22and the division department shall be subject to the budget
23requirements of chapter 8.
24 Sec. 2370. Section 123.12, Code 2023, is amended to read as
25follows:
26123.12 Exemption from suit.
27No A commission member or officer or employee of the division
28 department shall not be personally liable for damages sustained
29by any person due to the act of such member, officer, or
30employee performed in the reasonable discharge of the member’s,
31officer’s, or employee’s duties as enumerated in this chapter.
32 Sec. 2371. Section 123.13, Code 2023, is amended to read as
33follows:
34123.13 Prohibitions on commission members and employees.
351. Commission members, officers, and employees of the
-1315-1division department under this chapter shall not, while holding
2such office or position, do any of the following:
3a. Hold any other office or position under the laws of this
4state, or any other state or territory or of the United States.
5b. Engage in any occupation, business, endeavor, or activity
6which would or does conflict with their duties under this
7chapter.
8c. Directly or indirectly, use their office or employment
9to influence, persuade, or induce any other officer, employee,
10or person to adopt their political views or to favor any
11particular candidate for an elective or appointive public
12office.
13d. Directly or indirectly, solicit or accept, in any manner
14or way, any money or other thing of value for any person
15seeking an elective or appointive public office, or to any
16political party or any group of persons seeking to become a
17political party.
182. Except as provided in section 123.5, subsection 3, a
19commission member or division department employee under this
20chapter shall not, directly or indirectly, individually, or as
21a member of a partnership or shareholder in a corporation, have
22any interest in dealing in or in the manufacture of alcoholic
23liquor, wine, or beer, and shall not receive any kind of profit
24nor have any interest in the purchase or sale of alcoholic
25liquor, wine, or beer by persons so authorized under this
26chapter. However, this subsection does not prohibit any member
27or employee from lawfully purchasing and keeping alcoholic
28liquor, wine, or beer in the member’s or employee’s possession
29for personal use.
303. Any officer or employee violating this section or any
31other provisions of this chapter shall, in addition to any
32other penalties provided by law, be subject to suspension or
33discharge from employment. Any commission member shall, in
34addition to any other penalties provided by law, be subject to
35removal from office as provided by chapter 66.
-1316-1 Sec. 2372. Section 123.14, Code 2023, is amended to read as
2follows:
3123.14 Alcoholic beverage control law enforcement.
41. The department of public safety is the primary alcoholic
5beverage control law enforcement authority for this state.
62. The county attorney, the county sheriff and the sheriff’s
7deputies, and the police department of every city, and the
8alcoholic beverages division of the department of commerce,
9shall be supplementary aids to the department of public safety
10for purposes of alcoholic beverage control law enforcement.
11Any neglect, misfeasance, or malfeasance shown by any peace
12officer included in this section shall be sufficient cause
13for the peace officer’s removal as provided by law. This
14section shall not be construed to affect the duties and
15responsibilities of any county attorney or peace officer with
16respect to law enforcement.
173. The department of public safety shall have full access
18to all records, reports, audits, tax reports and all other
19documents and papers in the alcoholic beverages division
20 department pertaining to liquor licensees and wine and beer
21permittees and their business.
22 Sec. 2373. Section 123.16, unnumbered paragraph 1, Code
232023, is amended to read as follows:
24The commission department shall cause to be prepared an
25annual report to the governor of the state, ending with June 30
26of each fiscal year, on the operation and financial position of
27the division department under this chapter for the preceding
28fiscal year. The report shall include but is not limited to
29the following information:
30 Sec. 2374. Section 123.16, subsections 1 and 7, Code 2023,
31are amended to read as follows:
321. Amount of profit or loss from division department
33 operations under this chapter.
347. Amount of fees paid to the division department from
35retail alcohol licenses, wine permits, and beer permits, in
-1317-1gross, and the amount of retail alcohol license fees returned
2to local subdivisions of government as provided under this
3chapter.
4 Sec. 2375. Section 123.17, Code 2023, is amended to read as
5follows:
6123.17 Beer and liquor control fund — allocations to
7substance abuse programs — use of civil penalties.
81. There shall be established within the office of
9the treasurer of state a fund to be known as the beer and
10liquor control fund. The fund shall consist of any moneys
11appropriated by the general assembly for deposit in the fund
12and moneys received from the sale of alcoholic liquors by the
13division department, from the issuance of permits and licenses,
14and of moneys and receipts received by the division department
15 from any other source under this chapter.
162. a. The director of the department of administrative
17services shall periodically transfer from the beer and liquor
18control fund to the general fund of the state those revenues
19of the division department which are not necessary for the
20purchase of liquor for resale by the division department,
21or for remittances to local authorities or other sources as
22required by this chapter, or for other obligations and expenses
23of the division department which are paid from such fund.
24b. All moneys received by the division department from
25the issuance of vintner’s certificates of compliance and wine
26permits shall be transferred by the director of the department
27of administrative services to the general fund of the state.
283. Notwithstanding subsection 2, if gaming revenues under
29sections 99D.17 and 99F.11 are insufficient in a fiscal year to
30meet the total amount of such revenues directed to be deposited
31in the revenue bonds debt service fund and the revenue bonds
32federal subsidy holdback fund during the fiscal year pursuant
33to section 8.57, subsection 5, paragraph “e”, the difference
34shall be paid from moneys deposited in the beer and liquor
35control fund prior to transfer of such moneys to the general
-1318-1fund pursuant to subsection 2 and prior to the transfer of such
2moneys pursuant to subsections 5 and 6. If moneys deposited in
3the beer and liquor control fund are insufficient during the
4fiscal year to pay the difference, the remaining difference
5shall be paid from moneys deposited in the beer and liquor
6control fund in subsequent fiscal years as such moneys become
7available.
84. The treasurer of state shall, each quarter, prepare
9an estimate of the gaming revenues and of the moneys to be
10deposited in the beer and liquor control fund that will become
11available during the remainder of the appropriate fiscal year
12for the purposes described in subsection 3. The department
13of management, the department of inspections and appeals, and
14the department of commerce shall take appropriate actions to
15provide that the sum of the amount of gaming revenues available
16to be deposited into the revenue bonds debt service fund and
17the revenue bonds federal subsidy holdback fund during a fiscal
18year and the amount of moneys to be deposited in the beer and
19liquor control fund available to be deposited into the revenue
20bonds debt service fund and the revenue bonds federal subsidy
21holdback fund during such fiscal year will be sufficient to
22cover any anticipated deficiencies.
235. After any transfer provided for in subsection 3 is
24made, the department of commerce shall transfer into a special
25revenue account in the general fund of the state, a sum of
26money at least equal to seven percent of the gross amount
27of sales made by the division department from the beer and
28liquor control fund on a monthly basis but not less than nine
29million dollars annually. Of the amounts transferred, two
30million dollars, plus an additional amount determined by the
31general assembly, shall be appropriated to the Iowa department
32of public health for use by the staff who administer the
33comprehensive substance abuse program under chapter 125 for
34substance abuse treatment and prevention programs. Any amounts
35received in excess of the amounts appropriated to the Iowa
-1319-1department of public health for use by the staff who administer
2the comprehensive substance abuse program under chapter 125
3shall be considered part of the general fund balance.
46. After any transfers provided for in subsections 3 and
55, the department of commerce shall receive a transfer to the
6division from the beer and liquor control fund and before any
7other transfer to the general fund, an amount sufficient to pay
8the costs incurred by the division department for collecting
9and properly disposing of the liquor containers.
107. After any transfers provided for in subsections 3, 5,
11and 6, and before any other transfer to the general fund,
12the department of commerce shall transfer to the economic
13development authority from the beer and liquor control fund
14two million dollars annually for statewide tourism marketing
15services and efforts pursuant to section 15.275.
168. After any transfers provided for in subsections 3, 5, 6,
17and 7, and before any other transfer to the general fund, the
18department of commerce shall transfer from the beer and liquor
19control fund one million dollars to the Iowa department of
20public health for distribution pursuant to section 125.59.
219. Civil penalties imposed and collected by the division
22 department under this chapter shall be credited to the general
23fund of the state. The moneys from the civil penalties shall
24be used by the division department, subject to appropriation by
25the general assembly, for the purposes of providing educational
26programs, information and publications for alcoholic
27beverage licensees and permittees, local authorities, and law
28enforcement agencies regarding the laws and rules which govern
29the alcoholic beverages industry, and for promoting compliance
30with alcoholic beverage laws and rules.
31 Sec. 2376. Section 123.18, Code 2023, is amended to read as
32follows:
33123.18 Appropriations.
34Division Department appropriations for purposes of this
35chapter shall be paid by the treasurer of state upon the orders
-1320-1of the administrator director, in such amounts and at such
2times as the administrator director deems necessary to carry on
3operations in accordance with the terms of this chapter.
4 Sec. 2377. Section 123.22, subsection 1, Code 2023, is
5amended to read as follows:
61. The division department has the exclusive right of
7importation into the state of all forms of alcoholic liquor,
8except as otherwise provided in this chapter, and a person
9shall not import alcoholic liquor, except that an individual of
10legal age may import and have in the individual’s possession
11an amount of alcoholic liquor not exceeding nine liters per
12calendar month that the individual personally obtained outside
13the state. Alcoholic liquor imported by an individual pursuant
14to this subsection shall be for personal consumption only in
15a private home or other private accommodation. A distillery
16shall not sell alcoholic liquor within the state to any person
17but only to the division department, except as otherwise
18provided in this chapter. This section vests in the division
19 department exclusive control within the state as purchaser of
20all alcoholic liquor sold by distilleries within the state
21or imported, except beer and wine, and except as otherwise
22provided in this chapter. The division department shall
23receive alcoholic liquor on a bailment system for resale by the
24division department in the manner set forth in this chapter.
25The division department shall act as the sole wholesaler of
26alcoholic liquor to class “E” retail alcohol licensees.
27 Sec. 2378. Section 123.23, subsections 1, 2, 3, and 5, Code
282023, are amended to read as follows:
291. Any manufacturer, distiller, or importer of alcoholic
30liquors shipping, selling, or having alcoholic liquors brought
31into this state for resale by the state shall, as a condition
32precedent to the privilege of so trafficking in alcoholic
33liquors in this state, annually make application for and hold
34a distiller’s certificate of compliance which shall be issued
35by the administrator director for that purpose. No brand of
-1321-1alcoholic liquor shall be sold by the division department
2 in this state unless the manufacturer, distiller, importer,
3and all other persons participating in the distribution of
4that brand in this state have obtained a certificate. The
5certificate of compliance shall expire at the end of one year
6from the date of issuance and shall be renewed for a like
7period upon application to the administrator director unless
8otherwise suspended or revoked for cause. Each completed
9application for a certificate of compliance or renewal shall
10be submitted electronically, or in a manner prescribed by the
11administrator director, and shall be accompanied by a fee
12of two hundred dollars payable to the division department.
13However, this subsection need not apply to a manufacturer,
14distiller, or importer who ships or sells in this state no more
15than eleven gallons or its case equivalent during any fiscal
16year as a result of “special orders” which might be placed, as
17defined and allowed by divisional departmental rules adopted
18under this chapter.
192. At the time of applying for a certificate of compliance,
20each applicant shall submit to the division department
21 electronically, or in a manner prescribed by the administrator
22 director, the name and address of its authorized agent
23for service of process which shall remain effective until
24changed for another, and a list of names and addresses of all
25representatives, employees, or attorneys whom the applicant has
26appointed in the state of Iowa to represent it for any purpose.
27The listing shall be amended by the certificate holder as
28necessary to keep the listing current with the division
29 department.
303. The administrator director and the attorney general
31are authorized to require any certificate holder or person
32listed as the certificate holder’s representative, employee,
33or attorney to disclose such financial and other records and
34transactions as may be considered relevant in discovering
35violations of this chapter or of rules and regulations of
-1322-1the division department under this chapter or of any other
2provision of law by any person.
35. This section shall not require the listing of those
4persons who are employed on premises where alcoholic liquors
5are manufactured, processed, bottled, or packaged in Iowa or
6persons who are thereafter engaged in the transporting of such
7alcoholic liquors to the division department.
8 Sec. 2379. Section 123.24, Code 2023, is amended to read as
9follows:
10123.24 Alcoholic liquor sales by the division department —
11dishonored payments — liquor prices.
121. The division department shall sell alcoholic liquor at
13wholesale only. The division department shall sell alcoholic
14liquor to class “E” retail alcohol licensees only. The
15division department shall offer the same price on alcoholic
16liquor to all class “E” retail alcohol licensees without regard
17for the quantity of purchase or the distance for delivery.
182. The price of alcoholic liquor sold by the division
19 department shall consist of the following:
20a. The manufacturer’s price.
21b. A markup of up to fifty percent of the wholesale price
22paid by the division department for the alcoholic liquor.
23The division department may increase the markup on selected
24kinds of alcoholic liquor sold by the division department if
25the average return to the division department on all sales of
26alcoholic liquor does not exceed the wholesale price paid by
27the division department and the fifty percent markup.
28c. A split case charge in an amount determined by the
29division department when alcoholic liquor is sold in quantities
30which require a case to be split.
31d. A bottle surcharge in an amount sufficient, when added to
32the amount not refunded to class “E” retail alcohol licensees
33pursuant to section 455C.2, to pay the costs incurred by the
34division department for collecting and properly disposing of
35the liquor containers. The amount collected pursuant to this
-1323-1paragraph, in addition to any amounts not refunded to class “E”
2retail alcohol licensees pursuant to section 455C.2, shall be
3deposited in the beer and liquor control fund established under
4section 123.17.
53. a. The division department may accept from a class
6“E” retail alcohol licensee electronic funds transferred by
7automated clearing house, wire transfer, or another method
8deemed acceptable by the administrator director, in payment of
9alcoholic liquor. If a payment is subsequently dishonored,
10the division department shall cause a notice of nonpayment
11and penalty to be served upon the class “E” retail alcohol
12licensee or upon any person in charge of the licensed premises.
13The notice shall state that if payment or satisfaction for
14the dishonored payment is not made within ten days of the
15service of notice, the licensee’s retail alcohol license may
16be suspended under section 123.39. The notice of nonpayment
17and penalty shall be in a form prescribed by the administrator
18 director, and shall be sent by certified mail.
19b. If upon notice and hearing under section 123.39 and
20pursuant to the provisions of chapter 17A concerning a
21contested case hearing, the administrator director determines
22that the class “E” retail alcohol licensee failed to satisfy
23the obligation for which the payment was issued within ten days
24after the notice of nonpayment and penalty was served on the
25licensee as provided in paragraph “a” of this subsection, the
26administrator director may suspend the licensee’s class “E”
27retail alcohol license for a period not to exceed ten days.
284. The administrator director may refuse to sell alcoholic
29liquor to a class “E” retail alcohol licensee who tenders a
30payment which is subsequently dishonored until the outstanding
31obligation is satisfied.
32 Sec. 2380. Section 123.25, Code 2023, is amended to read as
33follows:
34123.25 Consumption on premises.
35An officer, clerk, agent, or employee of the division
-1324-1 department employed in a state-owned warehouse under this
2chapter shall not allow any alcoholic beverage to be consumed
3on the premises, nor shall a person consume any alcoholic
4liquor on the premises except for testing or sampling purposes
5only.
6 Sec. 2381. Section 123.26, Code 2023, is amended to read as
7follows:
8123.26 Restrictions on sales — seals — labeling.
9Alcoholic liquor shall not be sold by a class “E” retail
10alcohol licensee except in a sealed container with identifying
11markers as prescribed by the administrator director and affixed
12in the manner prescribed by the administrator director, and no
13such container shall be opened upon the premises of a state
14warehouse. The division department shall cooperate with the
15department of natural resources so that only one identifying
16marker or mark is needed to satisfy the requirements of this
17section and section 455C.5, subsection 1. Possession of
18alcoholic liquors which do not carry the prescribed identifying
19markers is a violation of this chapter except as provided in
20section 123.22.
21 Sec. 2382. Section 123.27, Code 2023, is amended to read as
22follows:
23123.27 Sales and deliveries prohibited.
24It is unlawful to transact the sale or delivery of alcoholic
25liquor in, on, or from the premises of a state warehouse:
261. After the closing hour as established by the
27administrator director.
282. On any legal holiday except those designated by the
29administrator director.
303. During other periods or days as designated by the
31administrator director.
32 Sec. 2383. Section 123.28, subsections 1 and 2, Code 2023,
33are amended to read as follows:
341. It is lawful to transport, carry, or convey alcoholic
35liquors from the place of purchase by the division department
-1325-1 to a state warehouse or depot established by the division
2 department or from one such place to another and, when so
3permitted by this chapter, it is lawful for the division
4 department, a common carrier, or other person to transport,
5carry, or convey alcoholic liquor sold from a state warehouse,
6depot, or point of purchase by the state to any place to which
7the liquor may be lawfully delivered under this chapter.
82. The division department shall deliver alcoholic liquor
9purchased by class “E” retail alcohol licensees. Class “E”
10retail alcohol licensees may deliver alcoholic liquor purchased
11by class “C”, class “D”, or class “F” retail alcohol licensees,
12and class “C”, class “D”, or class “F” retail alcohol licensees
13may transport alcoholic liquor purchased from class “E” retail
14alcohol licensees.
15 Sec. 2384. Section 123.29, subsection 1, Code 2023, is
16amended to read as follows:
171. This chapter does not prohibit the sale of patent and
18proprietary medicines, tinctures, food products, extracts,
19toiletries, perfumes, and similar products, which are not
20susceptible of use as a beverage, but which contain alcoholic
21liquor, wine, or beer as one of their ingredients. These
22products may be sold through ordinary wholesale and retail
23businesses without a license or permit issued by the division
24 department.
25 Sec. 2385. Section 123.30, subsections 1 and 2, Code 2023,
26are amended to read as follows:
271. a. A retail alcohol license may be issued to any person
28who is of good moral character as defined by this chapter.
29b. As a condition for issuance of a retail alcohol license
30or wine or beer permit, the applicant must give consent
31to members of the fire, police, and health departments
32and the building inspector of cities; the county sheriff
33or deputy sheriff; members of the department of public
34safety; representatives of the division department and of
35the department of inspections and appeals; certified police
-1326-1officers; and any official county health officer to enter upon
2areas of the premises where alcoholic beverages are stored,
3served, or sold, without a warrant during business hours of
4the licensee or permittee to inspect for violations of this
5chapter or ordinances and regulations that cities and boards
6of supervisors may adopt. However, a subpoena issued under
7section 421.17 or a warrant is required for inspection of
8private records, a private business office, or attached living
9quarters. Persons who are not certified peace officers shall
10limit the scope of their inspections of licensed premises
11to the regulatory authority under which the inspection is
12conducted. All persons who enter upon a licensed premises to
13conduct an inspection shall present appropriate identification
14to the owner of the establishment or the person who appears
15to be in charge of the establishment prior to commencing
16an inspection; however, this provision does not apply to
17undercover criminal investigations conducted by peace officers.
18c. As a further condition for the issuance of a class “E”
19retail alcohol license, the applicant shall post a bond in
20a sum of not less than five thousand nor more than fifteen
21thousand dollars as determined on a sliding scale established
22by the division department; however, a bond shall not be
23required if all purchases of alcoholic liquor from the division
24 department by the licensee are made by means that ensure that
25the division department will receive full payment in advance of
26delivery of the alcoholic liquor.
27d. A class “E” retail alcohol license may be issued to a
28city council for premises located within the limits of the city
29if there are no class “E” retail alcohol licensees operating
30within the limits of the city and no other applications for a
31class “E” license for premises located within the limits of
32the city at the time the city council’s application is filed.
33If a class “E” retail alcohol license is subsequently issued
34to a private person for premises located within the limits of
35the city, the city council shall surrender its license to the
-1327-1division department within one year of the date that the class
2“E” retail alcohol licensee begins operating, liquidate any
3remaining assets connected with the liquor store, and cease
4operating the liquor store.
52. A retail alcohol license shall not be issued for premises
6which do not constitute a safe and proper place or building
7and which do not conform to all applicable laws, ordinances,
8resolutions, and health and fire regulations. A licensee
9shall not have or maintain any interior access to residential
10or sleeping quarters unless permission is granted by the
11administrator director in the form of a living quarters permit.
12 Sec. 2386. Section 123.30, subsection 3, paragraph d,
13subparagraphs (1) and (5), Code 2023, are amended to read as
14follows:
15(1) A class “E” retail alcohol license may be issued and
16shall authorize the holder to purchase alcoholic liquor in
17original unopened containers from the division department
18 only, wine from a class “A” wine permittee only, and beer from
19a class “A” beer permittee only; to sell alcoholic liquor,
20wine, and beer in original unopened containers at retail to
21patrons for consumption off the licensed premises; and to sell
22alcoholic liquor and high alcoholic content beer at wholesale
23to other retail alcohol licensees, provided the holder has
24filed with the division department a basic permit issued by the
25alcohol and tobacco tax and trade bureau of the United States
26department of the treasury.
27(5) The division department may issue a class “E” retail
28alcohol license for premises covered by a retail alcohol
29license for on-premises consumption under any of the following
30circumstances:
31(a) If the premises are in a county having a population
32under nine thousand five hundred in which no other class
33“E” retail alcohol license has been issued by the division
34 department, and no other application for a class “E” retail
35alcohol license has been made within the previous twelve
-1328-1consecutive months.
2(b) If, notwithstanding any provision of this chapter to the
3contrary, the premises covered by a retail alcohol license is a
4grocery store that is at least five thousand square feet.
5 Sec. 2387. Section 123.31, subsection 1, unnumbered
6paragraph 1, Code 2023, is amended to read as follows:
7A person applying for a retail alcohol license shall submit a
8completed application electronically, or in a manner prescribed
9by the administrator director, which shall set forth under oath
10the following:
11 Sec. 2388. Section 123.31, 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. 2389. Section 123.31, subsection 2, paragraph d, Code
232023, is amended to read as follows:
24d. That the premises where the applicant intends to use the
25license conforms to all applicable laws, health regulations,
26and fire regulations, and constitutes a safe and proper place
27or building and that the applicant shall not have or maintain
28any interior access to residential or sleeping quarters unless
29permission is granted by the administrator director in the form
30of a living quarters permit.
31 Sec. 2390. Section 123.31A, subsection 3, unnumbered
32paragraph 1, Code 2023, is amended to read as follows:
33Subject to the rules of the division department, sales made
34pursuant to this section may be made in a container other
35than the original container only if all of the following
-1329-1requirements are met:
2 Sec. 2391. Section 123.31A, subsection 3, paragraph d, Code
32023, is amended to read as follows:
4d. The container to be sold shall be securely sealed
5by a method authorized by the division department that is
6designed so that if the sealed container is reopened or the
7seal tampered with, it is visibly apparent that the seal on the
8container of beer or wine has been tampered with or the sealed
9container has otherwise been reopened.
10 Sec. 2392. Section 123.31A, subsection 4, Code 2023, is
11amended to read as follows:
124. A container of beer or wine other than the original
13container that is sold and sealed in compliance with the
14requirements of subsection 3 and the division’s department’s
15 rules shall not be deemed an open container subject to the
16requirements of sections 321.284 and 321.284A if the sealed
17container is unopened and the seal has not been tampered with,
18and the contents of the container have not been partially
19removed.
20 Sec. 2393. Section 123.32, subsection 1, paragraph b,
21unnumbered paragraph 1, Code 2023, is amended to read as
22follows:
23A completed application for a class “D” retail alcohol
24license and for any of the following certificates, licenses,
25or permits shall be submitted to the division department
26 electronically, or in a manner prescribed by the administrator
27 director, which shall proceed in the same manner as in the case
28of an application approved by local authorities:
29 Sec. 2394. Section 123.32, subsections 2, 6, 7, 8, and 9,
30Code 2023, are amended to read as follows:
312. Action by local authorities. The local authority
32shall either approve or disapprove the issuance of a retail
33alcohol license, shall endorse its approval or disapproval
34on the application, and shall forward the application with
35the necessary fee and bond, if required, to the division
-1330-1 department. There is no limit upon the number of retail
2alcohol licenses which may be approved for issuance by local
3authorities.
46. Action by administrator director.
5a. Upon receipt of an application having been disapproved by
6the local authority, the administrator director shall notify
7the applicant that the applicant may appeal the disapproval of
8the application to the administrator director. The applicant
9shall be notified by certified mail or personal service, and
10the application, the fee, and any bond shall be returned to the
11applicant.
12b. Upon receipt of an application having been approved by
13the local authority, the division department shall make an
14investigation as the administrator director deems necessary to
15determine that the applicant complies with all requirements
16for holding a license, and may require the applicant to appear
17to be examined under oath to demonstrate that the applicant
18complies with all of the requirements to hold a license. If
19the administrator director requires the applicant to appear
20and to testify under oath, a record shall be made of all
21testimony or evidence and the record shall become a part of the
22application. The administrator director may appoint a member
23of the division department or may request an administrative
24law judge of the department of inspections and appeals to
25receive the testimony under oath and evidence, and to issue a
26proposed decision to approve or disapprove the application for
27a license. The administrator director may affirm, reverse,
28or modify the proposed decision to approve or disapprove the
29application for the license. If the application is approved by
30the administrator director, the license shall be issued. If
31the application is disapproved by the administrator director,
32the applicant shall be so notified by certified mail or
33personal service and the appropriate local authority shall
34be notified electronically, or in a manner prescribed by the
35administrator director.
-1331- 17. Appeal to administrator director. An applicant for a
2retail alcohol license may appeal from the local authority’s
3disapproval of an application for a license or permit to the
4administrator director. In the appeal the applicant shall
5be allowed the opportunity to demonstrate in an evidentiary
6hearing conducted pursuant to chapter 17A that the applicant
7complies with all of the requirements for holding the license
8or permit. The administrator director may appoint a member of
9the division department or may request an administrative law
10judge from the department of inspections and appeals to conduct
11the evidentiary hearing and to render a proposed decision to
12approve or disapprove the issuance of the license or permit.
13The administrator director may affirm, reverse, or modify the
14proposed decision. If the administrator director determines
15that the applicant complies with all of the requirements
16for holding a license or permit, the administrator director
17 shall order the issuance of the license or permit. If the
18administrator director determines that the applicant does not
19comply with the requirements for holding a license or permit,
20the administrator director shall disapprove the issuance of the
21license or permit.
228. Judicial review. The applicant or the local
23authority may seek judicial review of the action of the
24administrator director in accordance with the terms of the Iowa
25administrative procedure Act, chapter 17A. Notwithstanding
26the terms of the Iowa administrative procedure Act, chapter
2717A, petitions for judicial review may be filed in the
28district court of the county where the premises covered by the
29application are situated.
309. Suspension by local authority. A retail alcohol licensee
31whose license has been suspended or revoked or a civil penalty
32imposed by a local authority for a violation of this chapter
33or suspended by a local authority for violation of a local
34ordinance may appeal the suspension, revocation, or civil
35penalty to the administrator director. The administrator
-1332-1 director may appoint a member of the division department or
2may request an administrative law judge from the department
3of inspections and appeals to hear the appeal which shall
4be conducted in accordance with chapter 17A and to issue a
5proposed decision. The administrator director may review the
6proposed decision upon the motion of a party to the appeal or
7upon the administrator’s director’s own motion in accordance
8with chapter 17A. Upon review of the proposed decision, the
9administrator director may affirm, reverse, or modify the
10proposed decision. A retail alcohol licensee or a local
11authority aggrieved by a decision of the administrator director
12 may seek judicial review of the decision pursuant to chapter
1317A.
14 Sec. 2395. Section 123.33, Code 2023, is amended to read as
15follows:
16123.33 Records.
17Every holder of a license or permit under this chapter
18shall maintain records, in printed or electronic format,
19which include income statements, balance sheets, purchase and
20sales invoices, purchase and sales ledgers, and any other
21records as the administrator director may require. The records
22required and the premises of the licensee or permittee shall be
23accessible and open to inspection pursuant to section 123.30,
24subsection 1, during normal business hours of the licensee or
25permittee.
26 Sec. 2396. Section 123.34, subsection 1, paragraph a, Code
272023, is amended to read as follows:
28a. The administrator director may issue eight-month seasonal
29class “C”, special class “C”, class “D”, and class “F” retail
30alcohol licenses.
31 Sec. 2397. Section 123.34, subsection 2, paragraph a, Code
322023, is amended to read as follows:
33a. The administrator director may issue fourteen-day class
34“C”, special class “C”, class “D”, and class “F” retail alcohol
35licenses.
-1333-1 Sec. 2398. Section 123.34, subsection 3, paragraph a, Code
22023, is amended to read as follows:
3a. The administrator director may issue five-day class “C”,
4special class “C”, class “D”, and class “F” retail alcohol
5licenses.
6 Sec. 2399. Section 123.35, subsection 2, unnumbered
7paragraph 1, Code 2023, is amended to read as follows:
8Notwithstanding section 123.31 and any other provision
9of this chapter to the contrary, a class “E” retail alcohol
10license shall automatically renew without the endorsement of
11a local authority or approval by the administrator director
12 upon collection of the annual fee by the division department,
13provided all of the following conditions are met since the
14preceding license was issued:
15 Sec. 2400. Section 123.35, subsection 2, paragraphs a, e,
16and h, Code 2023, are amended to read as follows:
17a. The licensee has given written consent to the division
18 department to have the license automatically renewed as
19provided in this section.
20e. The licensee has not submitted payment for alcoholic
21liquor to the division department that was subsequently
22dishonored.
23h. A local authority has not notified the division
24 department, in a manner established by the division department
25 and made available to local authorities, that automatic renewal
26should not occur and that further review of the licensee by
27the division department and the applicable local authority is
28warranted.
29 Sec. 2401. Section 123.35, subsection 3, unnumbered
30paragraph 1, Code 2023, is amended to read as follows:
31Notwithstanding sections 123.23, 123.135, 123.180, and any
32other provision of this chapter to the contrary, a distiller’s,
33brewer’s, or vintner’s certificate of compliance shall
34automatically renew without approval by the administrator
35 director upon collection of the annual fee by the division
-1334-1 department, provided all of the following conditions are met
2since the preceding certificate was issued:
3 Sec. 2402. Section 123.35, subsection 3, paragraph a, Code
42023, is amended to read as follows:
5a. The certificate holder has given written consent to
6the division department to have the certificate automatically
7renewed as provided in this section.
8 Sec. 2403. Section 123.35, subsection 4, unnumbered
9paragraph 1, Code 2023, is amended to read as follows:
10Notwithstanding section 123.187 and any other provision of
11this chapter to the contrary, a wine direct shipper’s permit
12shall automatically renew without approval by the administrator
13 director upon collection of the annual fee by the division
14 department, provided all of the following conditions are met
15since the preceding permit was issued:
16 Sec. 2404. Section 123.35, subsection 4, paragraph a, Code
172023, is amended to read as follows:
18a. The permittee has given written consent to the division
19 department to have the permit automatically renewed as provided
20in this section.
21 Sec. 2405. Section 123.36, subsection 1, unnumbered
22paragraph 1, Code 2023, is amended to read as follows:
23The following fees shall be paid to the division department
24 annually for retail alcohol licenses issued under section
25123.30:
26 Sec. 2406. Section 123.36, subsection 2, Code 2023, is
27amended to read as follows:
282. The division department shall credit all fees to the beer
29and liquor control fund. The division department shall remit
30to the appropriate local authority a sum equal to sixty-five
31percent of the fees collected for each class “B”, class “C”,
32or class “F” license except special class “C” licenses or
33class “E” licenses, covering premises located within the local
34authority’s jurisdiction. The division department shall remit
35to the appropriate local authority a sum equal to seventy-five
-1335-1percent of the fees collected for each special class “C”
2license covering premises located within the local authority’s
3jurisdiction. Those fees collected for each class “E” retail
4alcohol license shall be credited to the beer and liquor
5control fund.
6 Sec. 2407. Section 123.37, subsections 2, 3, and 4, Code
72023, are amended to read as follows:
82. The administrator director may compromise and settle
9doubtful and disputed claims for taxes imposed under
10this chapter or for taxes of doubtful collectibility,
11notwithstanding section 7D.9. The administrator director may
12enter into informal settlements pursuant to section 17A.10 to
13compromise and settle doubtful and disputed claims for taxes
14imposed under this chapter. The administrator director may
15make a claim under a licensee’s or permittee’s penal bond for
16taxes of doubtful collectibility. Whenever a compromise or
17settlement is made, the administrator director shall make a
18complete record of the case showing the tax assessed, reports
19and audits, if any, the licensee’s or permittee’s grounds for
20dispute or contest, together with all evidence of the dispute
21or contest, and the amounts, conditions, and settlement or
22compromise of the dispute or contest.
233. A licensee or permittee who disputes the amount of tax
24imposed must pay all tax and penalty pertaining to the disputed
25tax liability prior to appealing the disputed tax liability to
26the administrator director.
274. The administrator director shall adopt rules
28establishing procedures for payment of disputed taxes imposed
29under this chapter. If it is determined that the tax is not
30due in whole or in part, the division department shall promptly
31refund the part of the tax payment which is determined not to
32be due.
33 Sec. 2408. Section 123.38, subsection 1, Code 2023, is
34amended to read as follows:
351. A retail alcohol license, wine permit, or beer permit
-1336-1is a personal privilege and is revocable for cause. It is not
2property nor is it subject to attachment and execution nor
3alienable nor assignable, and it shall cease upon the death
4of the permittee or licensee. However, the administrator of
5the division director may in the administrator’s director’s
6 discretion allow the executor or administrator of the estate of
7a permittee or licensee to operate the business of the decedent
8for a reasonable time not to exceed the expiration date of the
9permit or license. Every permit or license shall be issued in
10the name of the applicant and no person holding a permit or
11license shall allow any other person to use it.
12 Sec. 2409. Section 123.38, subsection 2, paragraph a,
13unnumbered paragraph 1, Code 2023, is amended to read as
14follows:
15Any licensee or permittee, or the executor or administrator
16of the estate of a licensee or permittee, or any person duly
17appointed by the court to take charge of and administer the
18property or assets of the licensee or permittee for the benefit
19of the licensee’s or permittee’s creditors, may voluntarily
20surrender a license or permit to the division department. When
21a license or permit is surrendered, the division department
22 shall notify the local authority, and the division department
23 or the local authority shall refund to the person surrendering
24the license or permit, a proportionate amount of the fee
25received by the division department or the local authority for
26the license or permit as follows:
27 Sec. 2410. Section 123.38, subsection 2, paragraphs b and c,
28Code 2023, are amended to read as follows:
29b. For purposes of this subsection, any portion of license
30or permit fees used for the purposes authorized in section
31331.424, subsection 1, paragraph “a”, subparagraphs (1) and
32(2), shall not be deemed received either by the division
33 department or by a local authority.
34c. No refund shall be made to any licensee or permittee upon
35the surrender of the license or permit if there is at the time
-1337-1of surrender a complaint filed with the division department
2 or local authority charging the licensee or permittee with a
3violation of this chapter.
4 Sec. 2411. Section 123.38, subsection 3, Code 2023, is
5amended to read as follows:
63. The local authority may in its discretion authorize a
7licensee or permittee to transfer the license or permit from
8one location to another within the same incorporated city,
9or within a county outside the corporate limits of a city,
10provided that the premises to which the transfer is to be made
11would have been eligible for a license or permit in the first
12instance and such transfer will not result in the violation
13of any law. All transfers authorized, and the particulars
14of same, shall be reported to the administrator director
15 by the local authority. The administrator director may by
16rule establish a uniform transfer fee to be assessed by all
17local authorities upon licensees or permittees to cover the
18administrative costs of such transfers, such fee to be retained
19by the local authority involved.
20 Sec. 2412. Section 123.38A, Code 2023, is amended to read
21as follows:
22123.38A Confidential investigative records.
23In order to assure a free flow of information for
24accomplishing the purposes of section 123.4 and section
25123.9, subsection 6, all complaint information, investigation
26files, audit files, and inspection files, other investigation
27reports, and other investigative information in the possession
28of the division department or employees acting under the
29authority of the administrator director under this chapter
30 are privileged and confidential, and are not subject to
31discovery, subpoena, or other means of legal compulsion for
32their release before administrative or criminal charges are
33filed. However, investigative information in the possession
34of division department employees under this chapter may be
35disclosed to the licensing authorities of a city or county
-1338-1within this state, in another state, the District of Columbia,
2or territory or county in which the licensee or permittee is
3licensed or permitted or has applied for a license or permit.
4In addition, the investigative information can be shared with
5any law enforcement agency or other state agency that also
6has investigative, regulatory, or enforcement jurisdiction
7authorized by law. Records received by the division department
8for purposes of this chapter from other agencies which would
9be confidential if created by the division department are
10considered confidential.
11 Sec. 2413. Section 123.39, subsections 1 and 4, Code 2023,
12are amended to read as follows:
131. a. (1) The administrator director or the local
14authority may suspend a class “B”, special class “B” native
15wine, class “C”, special class “C”, class “E”, or class “F”
16retail alcohol license, or charity beer, spirits, and wine
17special event license for a period not to exceed one year,
18revoke the license, or impose a civil penalty not to exceed one
19thousand dollars per violation.
20(2) The administrator director may suspend a certificate
21of compliance, a class “D” retail alcohol license, a
22manufacturer’s license, a broker’s permit, a class “A” native
23distilled spirits license, a class “A” or special class “A”
24beer permit, a class “A” wine permit, a wine direct shipper’s
25permit, or a wine carrier permit for a period not to exceed one
26year, revoke the license, permit, or certificate, or impose a
27civil penalty not to exceed one thousand dollars per violation.
28b. A license, permit, or certificate of compliance issued
29under this chapter may be suspended or revoked, or a civil
30penalty may be imposed for any of the following causes:
31(1) Misrepresentation of any material fact in the
32application for the license, permit, or certificate.
33(2) Violation of any of the provisions of this chapter.
34(3) Any change in the ownership or interest in the business
35operated under a retail alcohol license which change was not
-1339-1previously reported in a manner prescribed by the administrator
2 director within thirty days of the change and subsequently
3approved by the local authority, when applicable, and the
4division department.
5(4) An event which would have resulted in disqualification
6from receiving the license, permit, or certificate when
7originally issued.
8(5) Any sale, hypothecation, or transfer of the license,
9permit, or certificate.
10(6) The failure or refusal on the part of any license,
11permit, or certificate holder to render any report or remit any
12taxes to the division department under this chapter when due.
13c. A criminal conviction is not a prerequisite to
14suspension, revocation, or imposition of a civil penalty
15pursuant to this section.
16d. A local authority which acts pursuant to this section,
17section 123.32, or section 123.50 shall notify the division
18 department in writing of the action taken, and shall notify the
19license or permit holder of the right to appeal a suspension,
20revocation, or imposition of a civil penalty to the division
21 department.
22e. Before suspension, revocation, or imposition of a civil
23penalty by the administrator director, the license, permit,
24or certificate holder shall be given written notice and an
25opportunity for a hearing. The administrator director may
26appoint a member of the division department or may request an
27administrative law judge from the department of inspections
28and appeals to conduct the hearing and issue a proposed
29decision. Upon the motion of a party to the hearing or upon
30the administrator’s director’s own motion, the administrator
31 director may review the proposed decision in accordance
32with chapter 17A. Upon review of the proposed decision, the
33administrator director may affirm, reverse, or modify the
34proposed decision. A license, permit, or certificate holder
35aggrieved by a decision of the administrator director may seek
-1340-1judicial review of the administrator’s director’s decision in
2accordance with chapter 17A.
3f. Civil penalties imposed and collected by the local
4authority under this section shall be retained by the local
5authority. Civil penalties imposed and collected by the
6division department under this section shall be credited to
7the general fund of the state pursuant to section 123.17,
8subsection 9.
94. If the cause for suspension is a first offense
10violation of section 123.49, subsection 2, paragraph “h”,
11the administrator director or local authority shall impose a
12civil penalty in the amount of five hundred dollars in lieu of
13suspension of the license or permit.
14 Sec. 2414. Section 123.41, subsections 1, 2, 3, and 4, Code
152023, are amended to read as follows:
161. Each completed application to obtain or renew a
17manufacturer’s license shall be submitted to the division
18 department electronically, or in a manner prescribed by the
19administrator director, and shall be accompanied by a fee of
20three hundred dollars payable to the division department. The
21administrator director may in accordance with this chapter
22grant and issue to a manufacturer a manufacturer’s license,
23valid for a one-year period after date of issuance, which shall
24allow the manufacture, storage, and wholesale disposition and
25sale of alcoholic liquors to the division department and to
26customers outside of the state.
272. As a condition precedent to the approval and granting
28of a manufacturer’s license, an applicant shall file with the
29division department a basic permit issued by the alcohol and
30tobacco tax and trade bureau of the United States department
31of the treasury, and a statement under oath that the applicant
32will faithfully observe and comply with all laws, rules, and
33regulations governing the manufacture and sale of alcoholic
34liquor.
353. A person who holds an experimental distilled spirits
-1341-1plant permit or its equivalent issued by the alcohol and
2tobacco tax and trade bureau of the United States department
3of the treasury may produce alcohol for use as fuel without
4obtaining a manufacturer’s license from the division
5 department.
64. A person who holds a manufacturer’s license shall file
7with the division department, on or before the fifteenth day of
8each calendar month, all documents filed by the manufacturer
9with the alcohol and tobacco tax and trade bureau of the United
10States department of the treasury, including all production,
11storage, and processing reports.
12 Sec. 2415. Section 123.42, subsections 1 and 2, Code 2023,
13are amended to read as follows:
141. Prior to representing or promoting alcoholic liquor
15products in the state, the broker shall submit a completed
16application to the division department electronically, or in a
17manner prescribed by the administrator director, for a broker’s
18permit. The administrator director may in accordance with this
19chapter issue a broker’s permit which shall be valid for one
20year from the date of issuance unless it is sooner suspended or
21revoked for a violation of this chapter.
222. At the time of applying for a broker’s permit, each
23applicant shall submit to the division department a list of
24names and addresses of all manufacturers, distillers, and
25importers whom the applicant has been appointed to represent
26in the state of Iowa for any purpose. The listing shall be
27amended by the broker as necessary to keep the listing current
28with the division department.
29 Sec. 2416. Section 123.43, subsection 1, unnumbered
30paragraph 1, Code 2023, is amended to read as follows:
31A person applying for a class “A” native distilled spirits
32license shall submit an application electronically, or in a
33manner prescribed by the administrator director, which shall
34set forth under oath the following:
35 Sec. 2417. Section 123.43, subsection 1, paragraphs e and g,
-1342-1Code 2023, are amended to read as follows:
2e. When required by the administrator director, and in
3such form and containing such information as the administrator
4 director may require, a description of the premises where the
5applicant intends to use the license, to include a sketch or
6drawing of the premises and, if applicable, the number of
7square feet of interior floor space which comprises the retail
8sales area of the premises.
9g. Any other information as required by the administrator
10 director.
11 Sec. 2418. Section 123.43, subsection 2, unnumbered
12paragraph 1, Code 2023, is amended to read as follows:
13Except as otherwise provided in this chapter, the
14administrator director shall issue a class “A” native distilled
15spirits license to any applicant who establishes all of the
16following:
17 Sec. 2419. Section 123.43, subsection 2, paragraph d, Code
182023, is amended to read as follows:
19d. That the applicant has filed with the division department
20 a basic permit issued by the alcohol and tobacco tax and trade
21bureau of the United States department of the treasury, and
22that the applicant will faithfully observe and comply with all
23laws, rules, and regulations governing the manufacture and sale
24of alcoholic liquor.
25 Sec. 2420. Section 123.43A, subsections 1, 3, 4, and 5, Code
262023, are amended to read as follows:
271. Subject to rules of the division department, a native
28distillery holding a class “A” native distilled spirits license
29issued pursuant to section 123.43 may sell or offer for sale
30native distilled spirits. As provided in this section, sales
31of native distilled spirits manufactured on the premises may
32be made at retail for off-premises consumption when sold on
33the premises of the native distillery that manufactures native
34distilled spirits. All sales intended for resale in this
35state shall be made through the state’s wholesale distribution
-1343-1system.
23. A native distillery shall not sell native distilled
3spirits other than as permitted in this chapter and shall
4not allow native distilled spirits sold for consumption off
5the premises to be consumed upon the premises of the native
6distillery. However, native distilled spirits may be tasted
7pursuant to the rules of the division department on the
8premises where fermented, distilled, or matured, when no charge
9is made for the tasting.
104. The sale of native distilled spirits to the division
11 department for wholesale disposition and sale by the division
12 department shall be subject to the requirements of this chapter
13regarding such disposition and sale.
145. A native distillery issued a class “A” native distilled
15spirits license shall file with the division department, on or
16before the fifteenth day of each calendar month, all documents
17filed by the native distillery with the alcohol and tobacco
18tax and trade bureau of the United States department of the
19treasury, including all production, storage, and processing
20reports.
21 Sec. 2421. Section 123.44, Code 2023, is amended to read as
22follows:
23123.44 Gifts prohibited.
24A manufacturer or broker shall not give away alcoholic
25liquor at any time in connection with the manufacturer’s or
26broker’s business except for testing or sampling purposes only.
27A manufacturer, distiller, vintner, brewer, broker, wholesaler,
28or importer, organized as a corporation pursuant to the laws of
29this state or any other state, who deals in alcoholic beverages
30subject to regulation under this chapter shall not offer or
31give anything of value to a commission member, official or
32employee of the division department under this chapter, or
33directly or indirectly contribute in any manner any money or
34thing of value to a person seeking a public or appointive
35office or a recognized political party or a group of persons
-1344-1seeking to become a recognized political party.
2 Sec. 2422. Section 123.46A, subsection 2, Code 2023, is
3amended to read as follows:
42. Licensees authorized to sell wine, beer, or mixed drinks
5or cocktails for consumption off the licensed premises in a
6container other than the original container may deliver the
7wine, beer, or mixed drinks or cocktails to a home or other
8designated location in this state only if the container other
9than the original container has been sold and securely sealed
10in compliance with this chapter or the rules of the division
11 department. Deliveries shall be limited to alcoholic beverages
12authorized by the licensee’s license or permit.
13 Sec. 2423. Section 123.46A, subsection 3, paragraph g, Code
142023, is amended to read as follows:
15g. Delivery of alcoholic liquor, wine, beer, or mixed drinks
16or cocktails shall be made by the licensee, the licensee’s
17employee, or a third party, provided the licensee has entered
18into a written agreement with the third party that authorizes
19the third party to act as an agent of the licensee for the
20purpose of delivering alcoholic liquor, wine, beer, or mixed
21drinks or cocktails. Each licensee shall submit to the
22division department electronically, or in a manner prescribed
23by the administrator director, a list of names and addresses of
24all third parties it has authorized to act as its agent for the
25purpose of delivering alcoholic liquor, wine, beer, or mixed
26drinks or cocktails. The licensee shall provide the division
27 department with amendments to the list as necessary to ensure
28the division department possesses an accurate, current list.
29 Sec. 2424. Section 123.49, subsection 2, paragraph d,
30subparagraphs (1), (2), and (3), Code 2023, are amended to read
31as follows:
32(1) Keep on premises covered by a retail alcohol license any
33alcoholic liquor in any container except the original package
34purchased from the division department, and except mixed drinks
35or cocktails mixed on the premises for immediate consumption
-1345-1on the licensed premises or as otherwise provided by this
2paragraph “d”. This prohibition does not apply to holders
3of a class “D” retail alcohol license or to alcoholic liquor
4delivered in accordance with section 123.46A.
5(2) Mixed drinks or cocktails mixed on the premises that are
6not for immediate consumption may be consumed on the licensed
7premises subject to the requirements of this subparagraph
8pursuant to rules adopted by the division department. The
9rules shall provide that the mixed drinks or cocktails be
10stored, for no longer than seventy-two hours, in a labeled
11container in a quantity that does not exceed three gallons.
12The rules shall also provide that added flavors and other
13nonbeverage ingredients included in the mixed drinks or
14cocktails shall not include hallucinogenic substances or added
15caffeine or other added stimulants including but not limited to
16guarana, ginseng, and taurine. The rules shall also require
17that the licensee keep records as to when the contents in
18a particular container were mixed and the recipe used for
19that mixture. In addition, mixed drinks or cocktails mixed
20on the premises pursuant to this subparagraph may be sold
21for consumption off the licensed premises as provided in and
22subject to the requirements of subparagraph (3).
23(3) Mixed drinks or cocktails mixed on premises covered
24by a class “C” retail alcohol license for consumption off the
25licensed premises may be sold if the mixed drink or cocktail is
26immediately filled in a sealed container and is promptly taken
27from the licensed premises prior to consumption of the mixed
28drink or cocktail. A mixed drink or cocktail that is sold in a
29sealed container in compliance with the requirements of this
30subparagraph and rules adopted by the division department shall
31not be deemed an open container subject to the requirements
32of sections 321.284 and 321.284A if the sealed container is
33unopened and the seal has not been tampered with, and the
34contents of the container have not been partially removed.
35 Sec. 2425. Section 123.50, subsection 2, Code 2023, is
-1346-1amended to read as follows:
22. The conviction of any retail alcohol licensee for a
3violation of any of the provisions of section 123.49, subject
4to subsection 3 of this section, is grounds for the suspension
5or revocation of the license or permit by the division
6 department or the local authority. However, if any retail
7alcohol licensee is convicted of any violation of section
8123.49, subsection 2, paragraph “a” or “e”, or any retail
9alcohol licensee, excluding a special class “B” or class “D”
10retail alcohol licensee, is convicted of a violation of section
11123.49, subsection 2, paragraph “d”, the retail alcohol license
12shall be revoked and shall immediately be surrendered by the
13holder, and the bond, if any, of the license holder shall be
14forfeited to the division department. However, the division
15 department shall retain only that portion of the bond equal
16to the amount the division department determines the license
17holder owes the division department.
18 Sec. 2426. Section 123.50, subsection 3, unnumbered
19paragraph 1, Code 2023, is amended to read as follows:
20If any retail alcohol licensee or employee of a licensee is
21convicted or found in violation of section 123.49, subsection
222, paragraph “h”, the administrator director or local authority
23shall, in addition to criminal penalties fixed for violations
24by this section, assess a civil penalty as follows:
25 Sec. 2427. Section 123.50, subsection 4, Code 2023, is
26amended to read as follows:
274. In addition to any other penalties imposed under this
28chapter, the division department shall assess a civil penalty
29up to the amount of five thousand dollars upon a class “E”
30retail alcohol licensee when the class “E” retail alcohol
31license is revoked for a violation of section 123.59. Failure
32to pay the civil penalty as required under this subsection
33shall result in forfeiture of the bond to the division
34 department. However, the division department shall retain
35only that portion of the bond equal to the amount the division
-1347-1 department determines the license or permit holder owes the
2division department.
3 Sec. 2428. Section 123.50A, subsections 1, 2, and 4, Code
42023, are amended to read as follows:
51. If sufficient funding is appropriated, the division
6 department shall develop an alcohol compliance employee
7training program, not to exceed two hours in length for
8employees and prospective employees of licensees and
9permittees, to inform the employees about state laws and
10regulations regarding the sale of alcoholic beverages to
11persons under legal age, and compliance with and the importance
12of laws regarding the sale of alcoholic beverages to persons
13under legal age. In developing the alcohol compliance employee
14training program, the division department may consult with
15stakeholders who have expertise in the laws and regulations
16regarding the sale of alcoholic beverages to persons under
17legal age.
182. The alcohol compliance employee training program shall
19be made available to employees and prospective employees
20of licensees and permittees at no cost to the employee,
21the prospective employee, or the licensee or permittee, and
22in a manner which is as convenient and accessible to the
23extent practicable throughout the state so as to encourage
24attendance. Contingent upon the availability of specified
25funds for provision of the program, the division department
26 shall schedule the program on at least a monthly basis and the
27program shall be available at a location in at least a majority
28of counties.
294. The division department shall also offer periodic
30continuing employee training and recertification for employees
31who have completed initial training and received an initial
32certificate of completion as part of the alcohol compliance
33employee training program.
34 Sec. 2429. Section 123.56, subsections 3 and 4, Code 2023,
35are amended to read as follows:
-1348- 13. Upon filing a suit in equity in district court pursuant
2to subsection 2, the county attorney or city attorney shall
3notify the administrator director of the action. Upon
4receiving notice, the administrator director shall issue an
5order reducing the hours during which alcoholic beverages may
6be sold or consumed at retail on the licensed premises to
7between 6:00 a.m.and 10:00 p.m.each day of the week during
8the pendency of the action in equity. The county attorney or
9city attorney shall notify the administrator director of any
10final action or judgment entered resulting from the action.
114. In an action seeking abatement of a public safety
12nuisance as provided in this section, evidence of other
13current violations of this chapter may be received by the
14court and considered in determining the remedial provisions
15of any abatement order. In addition, evidence of prior
16sanctions, violations of law, nuisance behavior, or general
17reputation relating to the licensed premises may be admissible
18in determining the reasonableness of remedial provisions of an
19abatement order. However, evidence of a prior conviction of
20the licensee, managers, employees, or contemporaneous patrons
21and guests is not necessary for purposes of considering or
22issuing an abatement order under this section. In an action
23under this section, the administrator director may submit
24to the court a report as evidence on behalf of the division
25 department regarding the compliance history of the licensee or
26permittee for consideration by the court.
27 Sec. 2430. Section 123.57, Code 2023, is amended to read as
28follows:
29123.57 Examination of accounts.
30The financial condition and transactions of all offices,
31departments, warehouses, and depots of concerning the division
32 alcohol beverage control activities of the department shall be
33examined at least once each year by the state auditor and at
34shorter periods if requested by the administrator director,
35governor, commission, or the general assembly’s standing
-1349-1committees on government oversight.
2 Sec. 2431. Section 123.58, Code 2023, is amended to read as
3follows:
4123.58 Auditing.
5All provisions of sections 11.6, 11.11, 11.14, 11.21,
611.31, and 11.41, relating to auditing of financial records
7of governmental subdivisions which are not inconsistent with
8this chapter are applicable to the division department and its
9offices, warehouses, and depots under this chapter.
10 Sec. 2432. Section 123.92, subsection 1, paragraph a, Code
112023, is amended to read as follows:
12a. Subject to the limitation amount specified in paragraph
13“c”, if applicable, any third party who is not the intoxicated
14person who caused the injury at issue and who is injured in
15person or property or means of support by an intoxicated person
16or resulting from the intoxication of a person, has a right of
17action for damages actually sustained, severally or jointly
18against any licensee or permittee, whether or not the license
19or permit was issued by the division department or by the
20licensing authority of any other state, who sold and served any
21alcoholic beverage directly to the intoxicated person, provided
22that the person was visibly intoxicated at the time of the sale
23or service.
24 Sec. 2433. Section 123.92, subsection 2, paragraphs a and c,
25Code 2023, are amended to read as follows:
26a. Every retail alcohol licensee, except a class “B”,
27special class “B”, or class “E” retail alcohol licensee, shall
28furnish proof of financial responsibility by the existence of
29a liability insurance policy in an amount determined by the
30division department. If an insurer provides dramshop liability
31insurance at a new location to a licensee or permittee who has
32a positive loss experience at other locations for which such
33insurance is provided by the insurer, and the insurer bases
34premium rates at the new location on the negative loss history
35of the previous licensee at that location, the insurer shall
-1350-1examine and consider adjusting the premium for the new location
2not less than thirty months after the insurance is issued,
3based on the loss experience of the licensee at that location
4during that thirty-month period of time.
5c. The purpose of dramshop liability insurance is to provide
6protection for members of the public who experience damages as
7a result of licensees serving patrons any alcoholic beverage
8to a point that reaches or exceeds the standard set forth in
9law for liability. Minimum coverage requirements for such
10insurance are not for the purpose of making the insurance
11affordable for all licensees regardless of claims experience.
12A dramshop liability insurance policy obtained by a licensee
13shall meet the minimum insurance coverage requirements as
14determined by the division department and is a mandatory
15condition for holding a license.
16 Sec. 2434. Section 123.95, subsection 2, paragraph a, Code
172023, is amended to read as follows:
18a. The holder of an annual class “C” retail alcohol license
19may act as the agent of a private social host for the purpose
20of providing and serving alcoholic beverages as part of a food
21catering service for a private social gathering in a private
22place, provided the licensee has applied for and been granted a
23catering privilege by the division department. The holder of
24an annual special class “C” retail alcohol license shall not
25act as the agent of a private social host for the purpose of
26providing and serving wine and beer as part of a food catering
27service for a private social gathering in a private place. An
28applicant for a class “C” retail alcohol license shall state
29on the application for the license that the licensee intends
30to engage in catering food and alcoholic beverages for private
31social gatherings and the catering privilege shall be noted on
32the license.
33 Sec. 2435. Section 123.125, Code 2023, is amended to read
34as follows:
35123.125 Issuance of beer permits.
-1351- 1The administrator director shall issue class “A” and special
2class “A” beer permits and may suspend or revoke permits for
3cause as provided in this chapter.
4 Sec. 2436. Section 123.126A, subsection 2, Code 2023, is
5amended to read as follows:
62. Notwithstanding any provision of this chapter to the
7contrary, a manufacturer of beer may obtain and possess
8alcoholic liquor from the division department for the purpose
9of manufacturing canned cocktails.
10 Sec. 2437. Section 123.127, subsection 1, unnumbered
11paragraph 1, Code 2023, is amended to read as follows:
12A person applying for a class “A” or special class “A” beer
13permit shall submit a completed application electronically, or
14in a manner prescribed by the administrator director, which
15shall set forth under oath the following:
16 Sec. 2438. Section 123.127, subsection 1, paragraphs e and
17g, Code 2023, are amended to read as follows:
18e. When required by the administrator director, and in
19such form and containing such information as the administrator
20 director may require, a description of the premises where
21the applicant intends to use the permit, to include a sketch
22or drawing of the premises and, if applicable, the number of
23square feet of interior floor space which comprises the retail
24sales area of the premises.
25g. Any other information as required by the administrator
26 director.
27 Sec. 2439. Section 123.127, subsection 2, unnumbered
28paragraph 1, Code 2023, is amended to read as follows:
29The administrator director shall issue a class “A” or
30special class “A” beer permit to any applicant who establishes
31all of the following:
32 Sec. 2440. Section 123.127, subsection 2, paragraphs d and
33g, Code 2023, are amended to read as follows:
34d. That the applicant has filed with the division department
35 a basic permit issued by the alcohol and tobacco tax and trade
-1352-1bureau of the United States department of the treasury, and
2that the applicant will faithfully observe and comply with all
3laws, rules, and regulations governing the manufacture and sale
4of beer.
5g. That the applicant has submitted a bond in the amount
6of ten thousand dollars in a manner prescribed by the
7administrator director with good and sufficient sureties to be
8approved by the division department conditioned upon compliance
9with this chapter.
10 Sec. 2441. Section 123.130, subsection 1, paragraph a, Code
112023, is amended to read as follows:
12a. Any person holding a class “A” beer permit issued by
13the division department shall be authorized to manufacture
14and sell, or sell at wholesale, beer for consumption off the
15premises, such sales within the state to be made only to
16persons holding a subsisting class “A” beer permit, or retail
17alcohol licenses, excluding a special class “B” retail native
18wine license, issued in accordance with the provisions of this
19chapter. However, a person holding a class “A” beer permit
20issued by the division department who also holds a brewer’s
21notice issued by the alcohol and tobacco tax and trade bureau
22of the United States department of the treasury shall be
23authorized to sell, at wholesale, no more than thirty thousand
24barrels of beer on an annual basis for consumption off the
25premises to a licensee authorized under this chapter to sell
26beer at retail.
27 Sec. 2442. Section 123.130, subsection 5, Code 2023, is
28amended to read as follows:
295. A manufacturer of beer issued a class “A” or special
30class “A” beer permit shall file with the division department,
31on or before the fifteenth day of each calendar month, all
32documents filed with the alcohol and tobacco tax and trade
33bureau of the United States department of the treasury,
34including all brewer’s operation and excise tax return reports.
35 Sec. 2443. Section 123.135, subsections 1, 2, and 3, Code
-1353-12023, are amended to read as follows:
21. A manufacturer, brewer, bottler, importer, or vendor of
3beer, or any agent thereof, desiring to ship or sell beer, or
4have beer brought into this state for resale by a class “A”
5beer permittee, shall first make application for and be issued
6a brewer’s certificate of compliance by the administrator
7 director for that purpose. The certificate of compliance
8expires at the end of one year from the date of issuance and
9shall be renewed for a like period upon application to the
10administrator director unless otherwise revoked for cause.
11Each completed application for a certificate of compliance or
12renewal of a certificate shall be submitted electronically,
13or in a manner prescribed by the administrator director, and
14shall be accompanied by a fee of two hundred dollars payable
15to the division department. Each holder of a certificate
16of compliance shall furnish the information in a manner the
17administrator director requires.
182. At the time of applying for a certificate of compliance,
19each applicant shall file with the division department a list
20of all class “A” beer permittees with whom it intends to do
21business and shall designate the geographic area in which its
22products are to be distributed by such permittee. The listing
23of class “A” beer permittees and geographic area as filed with
24the division department shall be amended by the holder of a
25certificate of compliance as necessary to keep the listing
26current with the division department.
273. All class “A” beer permit holders shall sell only
28those brands of beer which are manufactured, brewed,
29bottled, shipped, or imported by a person holding a current
30certificate of compliance. Any employee or agent working for
31or representing the holder of a certificate of compliance
32within this state shall submit electronically, or in a manner
33prescribed by the administrator director, the employee’s or
34agent’s name and address with the division department.
35 Sec. 2444. Section 123.137, subsection 1, Code 2023, is
-1354-1amended to read as follows:
21. A person holding a class “A” or special class “A” beer
3permit shall, on or before the tenth day of each calendar month
4commencing on the tenth day of the calendar month following
5the month in which the person is issued a beer permit, make a
6report under oath to the division department electronically, or
7in a manner prescribed by the administrator director, showing
8the exact number of barrels of beer, or fractional parts of
9barrels, sold by the beer permit holder during the preceding
10calendar month. The report shall also state information the
11administrator director requires, and beer permit holders shall
12at the time of filing a report pay to the division department
13 the amount of tax due at the rate fixed in section 123.136.
14 Sec. 2445. Section 123.138, Code 2023, is amended to read
15as follows:
16123.138 Records required — keg identification label.
171. Each class “A” or special class “A” beer permittee shall
18keep proper records showing the amount of beer sold by the
19permittee, and these records shall be at all times open to
20inspection by the administrator director and to other persons
21pursuant to section 123.30, subsection 1. Each retail alcohol
22licensee as described in section 123.30 shall keep proper
23records showing each purchase of beer made by the licensee, and
24the date and the amount of each purchase and the name of the
25person from whom each purchase was made, which records shall be
26open to inspection pursuant to section 123.30, subsection 1,
27during normal business hours of the licensee.
282. a. Each retail alcohol licensee who sells beer for
29off-premises consumption shall affix to each keg of beer an
30identification label provided by the administrator director.
31The label provided shall allow for its full removal when
32common external keg cleaning procedures are performed. For
33the purposes of this subsection, “keg” means all durable and
34disposable containers with a liquid capacity of five gallons or
35more. Each retail alcohol licensee shall also keep a record
-1355-1of the identification label number of each keg of beer sold by
2the licensee with the name and address of the purchaser and
3the number of the purchaser’s driver’s license, nonoperator’s
4identification card, or military identification card, if
5the military identification card contains a picture and
6signature. This information shall be retained by the licensee
7for a minimum of ninety days. The records kept pursuant to
8this subsection shall be available for inspection by any law
9enforcement officer during normal business hours.
10b. (1) The division department shall provide the keg
11identification labels described in paragraph “a” and shall,
12prior to utilizing a label, notify licensed brewers and
13licensed beer importers of the type of label to be utilized.
14Each label shall contain a number and the following statement:
15It is unlawful to sell, give, or otherwise supply any
16alcoholic beverage, wine, or beer to any person under legal
17age. Any person who defaces this label shall be guilty of
18criminal mischief punishable pursuant to section 716.6.
19(2) The identification label shall be placed on the keg at
20the time of retail sale. The licensee shall obtain the labels
21referred to in this subsection from the division department.
22The cost of the labels to licensees shall not exceed the
23division’s department’s cost of producing and distributing
24the labels. The moneys collected by the division department
25 relating to the sale of labels shall be credited to the beer
26and liquor control fund.
27c. The provisions of this subsection shall be implemented
28uniformly throughout the state. The provisions of this
29subsection shall preempt any local county or municipal
30ordinance regarding keg registration or the sale of beer in
31kegs. In addition, a county or municipality shall not adopt or
32continue in effect an ordinance regarding keg registration or
33the sale of beer in kegs.
34 Sec. 2446. Section 123.143, subsection 1, Code 2023, is
35amended to read as follows:
-1356- 11. All permit fees collected by the division department
2 under this subchapter shall accrue to the beer and liquor
3control fund, except as otherwise provided. All taxes
4collected by the division department under this subchapter
5shall accrue to the state general fund, except as otherwise
6provided.
7 Sec. 2447. Section 123.173, subsection 3, Code 2023, is
8amended to read as follows:
93. A class “A” wine permittee shall be required to deliver
10wine to a retail alcohol licensee, and a retail alcohol
11licensee shall be required to accept delivery of wine from a
12class “A” wine permittee, only at the licensed premises of the
13retail alcohol licensee. Except as specifically permitted by
14the division department upon good cause shown, delivery or
15transfer of wine from an unlicensed premises to a licensed
16retail alcohol licensee’s premises, or from one licensed retail
17alcohol licensee’s premises to another licensed retail alcohol
18licensee’s premises, even if there is common ownership of all
19of the premises by one retail permittee, is prohibited.
20 Sec. 2448. Section 123.173A, subsection 2, Code 2023, is
21amended to read as follows:
222. Upon application to the division department and receipt
23of a charity beer, spirits, and wine special event license, an
24authorized nonprofit entity may conduct a charity special event
25subject to the requirements of this section.
26 Sec. 2449. Section 123.173A, subsection 4, paragraph a,
27Code 2023, is amended to read as follows:
28a. The charity event shall be conducted on a premises
29covered by a valid retail alcohol license issued by the
30division department.
31 Sec. 2450. Section 123.173A, subsection 5, paragraph b,
32Code 2023, is amended to read as follows:
33b. The retail alcohol license number issued by the division
34 department for the premises where a charity event is to be
35conducted, if applicable.
-1357-1 Sec. 2451. Section 123.174, Code 2023, is amended to read
2as follows:
3123.174 Issuance of wine permits.
4The administrator director shall issue wine permits as
5provided in this chapter, and may suspend or revoke a wine
6permit for cause as provided in this chapter.
7 Sec. 2452. Section 123.175, subsection 1, unnumbered
8paragraph 1, Code 2023, is amended to read as follows:
9A person applying for a class “A” wine permit shall submit a
10completed application electronically, or in a manner prescribed
11by the administrator director, which shall set forth under oath
12the following:
13 Sec. 2453. Section 123.175, subsection 1, paragraphs e and
14g, Code 2023, are amended to read as follows:
15e. When required by the administrator director, and in
16such form and containing such information as the administrator
17 director may require, a description of the premises where the
18applicant intends to use the permit, to include a sketch or
19drawing of the premises.
20g. Any other information as required by the administrator
21 director.
22 Sec. 2454. Section 123.175, subsection 2, unnumbered
23paragraph 1, Code 2023, is amended to read as follows:
24The administrator director shall issue a class “A” wine
25permit to any applicant who establishes all of the following:
26 Sec. 2455. Section 123.175, subsection 2, paragraphs d and
27g, Code 2023, are amended to read as follows:
28d. That the applicant has filed with the division department
29 a basic permit issued by the alcohol and tobacco tax and trade
30bureau of the United States department of the treasury, and
31that the applicant will faithfully observe and comply with all
32the laws, rules, and regulations governing the manufacture and
33sale of wine.
34g. That the applicant has submitted a bond in the amount
35of five thousand dollars in a manner prescribed by the
-1358-1administrator director with good and sufficient sureties to be
2approved by the division department conditioned upon compliance
3with this chapter.
4 Sec. 2456. Section 123.176, subsections 1, 2, 7, and 8, Code
52023, are amended to read as follows:
61. Subject to rules of the division department,
7manufacturers of native wines from grapes, cherries, other
8fruits or other fruit juices, vegetables, vegetable juices,
9dandelions, clover, honey, or any combination of these
10ingredients, holding a class “A” wine permit as required by
11this chapter, may sell, keep, or offer for sale and deliver the
12wine. Notwithstanding section 123.24, subsection 2, paragraph
13“b”, or any other provision of this chapter, manufacturers
14of native wine may obtain and possess grape brandy from the
15division department for the sole purpose of manufacturing wine.
162. Native wine may be sold at retail for off-premises
17consumption when sold on the premises of the manufacturer, or
18in a retail establishment operated by the manufacturer. Sales
19may also be made to class “A” or retail alcohol licensees as
20authorized by sections 123.30 and 123.177. A manufacturer of
21native wines shall not sell the wines other than as permitted
22in this chapter and shall not allow wine sold to be consumed
23upon the premises of the manufacturer. However, prior to
24sale, native wines may be tasted pursuant to the rules of the
25division department on the premises where made, when no charge
26is made for the tasting.
277. A manufacturer may use the space and equipment of another
28manufacturer for the purpose of manufacturing native wine,
29provided that such an alternating proprietorship arrangement
30is approved by the alcohol and tobacco tax and trade bureau
31of the United States department of the treasury. A separate
32class “A” wine permit shall be issued to each manufacturer,
33and each manufacturer shall be subject to the provisions
34of this chapter and the rules of the division department.
35Notwithstanding subsection 5, not more than one class “C”
-1359-1retail alcohol license shall be issued to a premises with
2alternating proprietorships.
38. A manufacturer of native wines shall file with the
4division department, on or before the fifteenth day of each
5calendar month, all documents filed with the alcohol and
6tobacco tax and trade bureau of the United States department of
7the treasury, including all wine premises operations and excise
8tax return reports.
9 Sec. 2457. Section 123.180, subsections 1, 2, and 3, Code
102023, are amended to read as follows:
111. A manufacturer, vintner, bottler, importer, or vendor of
12wine, or an agent thereof, desiring to ship, sell, or have wine
13brought into this state for sale at wholesale by a class “A”
14permittee shall first make application for and shall be issued
15a vintner’s certificate of compliance by the administrator
16 director for that purpose. The vintner’s certificate of
17compliance shall expire at the end of one year from the
18date of issuance and shall be renewed for a like period upon
19application to the administrator director unless otherwise
20revoked for cause. Each completed application for a vintner’s
21certificate of compliance or renewal of a certificate shall
22be submitted electronically, or in a manner prescribed by the
23administrator director, and shall be accompanied by a fee of
24two hundred dollars payable to the division department. Each
25holder of a vintner’s certificate of compliance shall furnish
26the information required by the administrator director in the
27form the administrator director requires. A vintner or wine
28bottler whose plant is located in Iowa and who otherwise holds
29a class “A” wine permit to sell wine at wholesale is exempt
30from the fee, but not the other terms and conditions. The
31holder of a vintner’s certificate of compliance may also hold a
32class “A” wine permit.
332. At the time of applying for a vintner’s certificate
34of compliance, each applicant shall file with the division
35 department a list of all class “A” wine permittees with
-1360-1whom it intends to do business. The listing of class “A”
2wine permittees as filed with the division department shall
3be amended by the holder of the certificate of compliance
4as necessary to keep the listing current with the division
5 department.
63. All class “A” wine permit holders shall sell only those
7brands of wine which are manufactured, bottled, fermented,
8shipped, or imported by a person holding a current vintner’s
9certificate of compliance. An employee or agent working for
10or representing the holder of a vintner’s certificate of
11compliance within this state shall register the employee’s
12or agent’s name and address with the division department.
13These names and addresses shall be filed with the division’s
14 department’s copy of the certificate of compliance issued
15except that this provision does not require the listing of
16those persons who are employed on the premises of a bottling
17plant, or winery where wine is manufactured, fermented,
18or bottled in Iowa or the listing of those persons who are
19thereafter engaged in the transporting of the wine.
20 Sec. 2458. Section 123.184, Code 2023, is amended to read
21as follows:
22123.184 Report of gallonage sales — penalty.
231. Each class “A” wine permit holder on or before the
24tenth day of each calendar month commencing on the tenth day
25of the calendar month following the month in which the person
26is issued a permit, shall make a report under oath to the
27division department electronically, or in a manner prescribed
28by the administrator director, showing the exact number of
29gallons of wine and fractional parts of gallons sold by that
30permit holder during the preceding calendar month. The report
31also shall state whatever reasonable additional information
32the administrator director requires. The permit holder at
33the time of filing this report shall pay to the division
34 department the amount of tax due at the rate fixed in section
35123.183. A penalty of ten percent of the amount of the tax
-1361-1shall be assessed and collected if the report required to be
2filed pursuant to this subsection is not filed and the tax paid
3within the time required by this subsection.
42. Each wine direct shipper license holder shall make a
5report under oath to the division department electronically,
6or in a manner prescribed by the administrator director, on
7or before the tenth day of the calendar months of June and
8December, showing the exact number of gallons of wine and
9fractional parts of gallons sold and shipped pursuant to
10section 123.187 during the preceding six-month calendar period.
11The report shall also state whatever reasonable additional
12information the administrator director requires. The license
13holder at the time of filing this report shall pay to the
14division department the amount of tax due at the rate fixed
15in section 123.183. A penalty of ten percent of this amount
16shall be assessed and collected if the report required to be
17filed pursuant to this subsection is not filed and the tax paid
18within the time required by this subsection.
19 Sec. 2459. Section 123.186, subsections 1 and 2, Code 2023,
20are amended to read as follows:
211. The division department shall adopt as rules the
22substance of the federal regulations 27 C.F.R. pt.6, 27 C.F.R.
23pt.8, 27 C.F.R. pt.10, and 27 C.F.R. pt.11.
242. The division department shall adopt as rules the
25substance of 27 C.F.R. §6.88, to permit a manufacturer of
26alcoholic beverages, wine, or beer, or an agent of such
27manufacturer, to provide to a retailer without charge wine and
28beer coil cleaning services, including carbon dioxide filters
29and other necessary accessories to properly clean the coil and
30affix carbon dioxide filters. The rules shall provide that the
31manufacturer shall be responsible for paying the costs of any
32filters provided.
33 Sec. 2460. Section 123.187, subsection 2, paragraphs b and
34d, Code 2023, are amended to read as follows:
35b. A wine manufacturer applying for a wine direct
-1362-1shipper permit shall submit an application for the permit
2electronically, or in a manner prescribed by the administrator
3 director, accompanied by a true copy of the manufacturer’s
4current alcoholic beverage license or permit issued by the
5state where the manufacturer is primarily located and a copy
6of the manufacturer’s basic permit issued by the alcohol and
7tobacco tax and trade bureau of the United States department of
8the treasury.
9d. A permit issued pursuant to this section may be
10renewed annually by submitting a renewal application with
11the administrator director in a manner prescribed by the
12administrator director, accompanied by the twenty-five dollar
13permit fee.
14 Sec. 2461. Section 123.187, subsection 3, paragraph c, Code
152023, is amended to read as follows:
16c. All containers of wine shipped directly to a resident
17of this state shall be conspicuously labeled with the words
18“CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER
19REQUIRED FOR DELIVERY” or shall be conspicuously labeled with
20alternative wording preapproved by the administrator director.
21 Sec. 2462. Section 123.187, subsections 4 and 5, Code 2023,
22are amended to read as follows:
234. A wine direct shipper permittee shall remit to the
24division department an amount equivalent to the wine gallonage
25tax on wine subject to direct shipment at the rate specified
26in section 123.183 for deposit as provided in section 123.183,
27subsections 2 and 3. The amount shall be remitted at the time
28and in the manner provided in section 123.184, subsection
292, and the ten percent penalty specified therein shall be
30applicable.
315. A wine direct shipper permittee shall be deemed to have
32consented to the jurisdiction of the division department or any
33other agency or court in this state concerning enforcement of
34this section and any related laws, rules, or regulations. A
35permit holder shall allow the division department to perform an
-1363-1audit of shipping records upon request.
2 Sec. 2463. Section 123.188, subsections 1, 2, and 3, Code
32023, are amended to read as follows:
41. A person desiring to deliver wine subject to direct
5shipment within this state pursuant to section 123.187 shall
6submit an application for a wine carrier permit electronically,
7or in a manner prescribed by the administrator director, which
8shall be accompanied by a fee in the amount of one hundred
9dollars.
102. The administrator director may in accordance with this
11chapter issue a wine carrier permit which shall be valid
12for one year from the date of issuance unless it is sooner
13suspended or revoked for a violation of this chapter.
143. A permit issued pursuant to this section may be
15renewed annually by submitting a renewal application with
16the administrator director in a manner prescribed by the
17administrator director, accompanied by the one hundred dollar
18permit fee.
19 Sec. 2464. Section 123.188, subsection 4, paragraph c, Code
202023, is amended to read as follows:
21c. A wine carrier permittee shall maintain records of wine
22shipped which include the permit number and name of the wine
23manufacturer, quantity of wine shipped, recipient’s name and
24address, and an electronic or paper form of signature from
25the recipient of the wine. Records shall be submitted to the
26division department on a monthly basis in a form and manner to
27be determined by the division department.
28 Sec. 2465. Section 321.19, subsection 1, paragraph c,
29subparagraph (3), Code 2023, is amended to read as follows:
30(3) Persons in the department of justice, the alcoholic
31beverages division of the department of commerce, disease
32investigators of the Iowa department of public health, the
33department of inspections and appeals, and the department of
34revenue, who are regularly assigned to conduct investigations
35which cannot reasonably be conducted with a vehicle displaying
-1364-1“official” state registration plates.
2 Sec. 2466. Section 453A.2, subsections 4, 6, and 7, Code
32023, are amended to read as follows:
44. The alcoholic beverages division of the department of
5commerce, a county, or a city may directly enforce this section
6in district court and initiate proceedings pursuant to section
7453A.22 before a permit-issuing authority which issued the
8permit against a permit holder violating this section.
96. If a county or a city has not assessed a penalty pursuant
10to section 453A.22, subsection 2, for a violation of subsection
111, within sixty days of the adjudication of the violation,
12the matter shall be transferred to and be the exclusive
13responsibility of the alcoholic beverages division of the
14 department of commerce. Following transfer of the matter, if
15the violation is contested, the alcoholic beverages division
16of the department of commerce shall request an administrative
17hearing before an administrative law judge, assigned by the
18division of administrative hearings of the department of
19inspections and appeals in accordance with the provisions of
20section 10A.801, to adjudicate the matter pursuant to chapter
2117A.
227. A tobacco compliance employee training fund is
23created in the office of the treasurer of state. The fund
24shall consist of civil penalties assessed by the alcoholic
25beverages division of the department of commerce under
26section 453A.22 for violations of this section. Moneys in
27the fund are appropriated to the alcoholic beverages division
28of the department of commerce and shall be used to develop
29and administer the tobacco compliance employee training
30program under section 453A.5. Moneys deposited in the fund
31shall not be transferred, used, obligated, appropriated, or
32otherwise encumbered except as provided in this subsection.
33Notwithstanding section 8.33, any unexpended balance in the
34fund at the end of the fiscal year shall be retained in the
35fund.
-1365-1 Sec. 2467. Section 453A.5, subsection 1, Code 2023, is
2amended to read as follows:
31. The alcoholic beverages division of the department of
4commerce shall develop a tobacco compliance employee training
5program not to exceed two hours in length for employees and
6prospective employees of retailers, as defined in sections
7453A.1 and 453A.42, to inform the employees about state and
8federal laws and regulations regarding the sale of tobacco,
9tobacco products, alternative nicotine products, vapor
10products, and cigarettes to persons under twenty-one years of
11age and compliance with and the importance of laws regarding
12the sale of tobacco, tobacco products, alternative nicotine
13products, vapor products, and cigarettes to persons under
14twenty-one years of age.
15 Sec. 2468. Section 453A.13, subsection 2, paragraph c, Code
162023, is amended to read as follows:
17c. The department, or a A city or county, shall submit
18a duplicate of any application for a retail permit to the
19alcoholic beverages division of the department of commerce
20 within thirty days of the issuance. The alcoholic beverages
21division of the department of commerce shall submit the current
22list of all retail permits issued to the Iowa department of
23public health by the last day of each quarter of a state fiscal
24year.
25 Sec. 2469. Section 453A.22, subsection 2, unnumbered
26paragraph 1, Code 2023, is amended to read as follows:
27If a retailer or employee of a retailer has violated section
28453A.2 or section 453A.36, subsection 6, the department or
29local authority, or the alcoholic beverages division of the
30 department of commerce following transfer of the matter to the
31alcoholic beverages division of the department of commerce
32 pursuant to section 453A.2, subsection 6, in addition to the
33other penalties fixed for such violations in this section,
34shall assess a penalty upon the same hearing and notice as
35prescribed in subsection 1 as follows:
-1366-1 Sec. 2470. Section 453A.22, subsection 6, Code 2023, is
2amended to read as follows:
36. The department or local authority shall report the
4suspension or revocation of a retail permit under this section
5to the alcoholic beverages division of the department of
6commerce within thirty days of the suspension or revocation of
7the retail permit.
8 Sec. 2471. Section 453A.47A, subsection 6, Code 2023, is
9amended to read as follows:
106. Issuance. Cities may issue retail permits to retailers
11located within their respective limits. County boards of
12supervisors may issue retail permits to retailers located in
13their respective counties, outside of the corporate limits of
14cities. The city or county shall submit a duplicate of any
15application for a retail permit to the alcoholic beverages
16division of the department of commerce within thirty days of
17issuance of a permit. The alcoholic beverages division of the
18 department of commerce shall submit the current list of all
19retail permits issued to the Iowa department of public health
20by the last day of each quarter of a state fiscal year.
21 Sec. 2472. Section 455C.3, subsections 2 and 5, Code 2023,
22are amended to read as follows:
232. A distributor shall accept and pick up from a
24participating dealer served by the distributor or a redemption
25center for a dealer served by the distributor at least weekly,
26or when the distributor delivers the beverage product if
27deliveries are less frequent than weekly, any empty beverage
28container of the kind, size, and brand sold by the distributor,
29and shall pay to the participating dealer or redemption center
30the refund value of a beverage container and the reimbursement
31as provided under section 455C.2 within one week following
32pickup of the containers or when the participating dealer
33normally pays the distributor for the deposit on beverage
34products purchased from the distributor if less frequent than
35weekly. A distributor or employee or agent of a distributor is
-1367-1not in violation of this subsection if a redemption center is
2closed when the distributor attempts to make a regular pickup
3of empty beverage containers. This subsection does not apply
4to a distributor selling alcoholic liquor to the alcoholic
5beverages division of the department of commerce revenue.
65. The alcoholic beverages division of the department
7of commerce revenue shall provide for the disposal of
8empty beverage containers as required under subsection
92. The division department of revenue shall give priority
10consideration to the recycling of the empty beverage containers
11to the extent possible, before any other appropriate disposal
12method is considered or implemented.
13CONFORMING CHANGES
14 Sec. 2473. Section 7E.5, subsection 1, paragraph c, Code
152023, is amended to read as follows:
16c. The department of revenue, created in section 421.2,
17which has primary responsibility for revenue collection
18and revenue law compliance, the Iowa lottery, and alcoholic
19beverage control.
20 Sec. 2474. Section 421.17, Code 2023, is amended by adding
21the following new subsection:
22 NEW SUBSECTION. 39. Administer chapters 99G and 123.
23 Sec. 2475. REPEAL. Section 546.9, Code 2023, is repealed.
24DIVISION XIII
25DEPARTMENT FOR THE BLIND
26 Sec. 2476. Section 216B.2, subsection 1, Code 2023, is
27amended to read as follows:
281. The commission for the blind is established consisting
29of three members appointed by the governor, subject to
30confirmation by the senate. Members of the commission shall
31serve three-year terms beginning and ending as provided in
32section 69.19. The members of the commission shall appoint
33officers for the commission. A majority of the members of the
34commission shall constitute a quorum.
35 Sec. 2477. NEW SECTION. 216B.3A Director — duties.
-1368- 11. The director of the department shall be appointed by
2the governor, subject to confirmation by the senate, and shall
3serve at the pleasure of the governor. The governor shall set
4the salary of the director within the applicable salary range
5established by the general assembly.
62. The director shall be the executive officer of the
7commission and shall be responsible for implementing policy set
8by the commission. The director shall carry out programs and
9policies as determined by the commission.
10 Sec. 2478. Section 216B.5, Code 2023, is amended to read as
11follows:
12216B.5 Commission employees.
13The commission may employ staff who shall be qualified by
14experience to assume the responsibilities of the offices. The
15director shall be the administrative officer of the commission
16and shall be responsible for implementing policy set by the
17commission. The director shall carry out programs and policies
18as determined by the commission.
19 Sec. 2479. APPOINTMENT OF DIRECTOR. On or before July 1,
202023, the governor shall appoint a director of the department
21for the blind, effective July 1, 2023, as provided in this
22division of this Act.
23 Sec. 2480. EFFECTIVE DATE. This division of this Act, being
24deemed of immediate importance, takes effect upon enactment.
25DIVISION XIV
26DEPARTMENT OF EDUCATION
27IOWA EDUCATIONAL SERVICES FOR THE BLIND AND VISUALLY IMPAIRED
28AND IOWA SCHOOL FOR THE DEAF
29 Sec. 2481. Section 70A.14, subsection 3, paragraph c, Code
302023, is amended by striking the paragraph.
31 Sec. 2482. Section 70A.17A, subsection 1, paragraph
32d, subparagraph (3), Code 2023, is amended by striking the
33subparagraph.
34 Sec. 2483. Section 235A.15, subsection 2, paragraph
35c, subparagraph (4), Code 2023, is amended by striking the
-1369-1subparagraph.
2 Sec. 2484. NEW SECTION. 256.95 Iowa educational services
3for the blind and visually impaired and Iowa school for the deaf.
4The department shall do all of the following:
51. Administer the Iowa educational services for the blind
6and visually impaired program.
72. Govern the Iowa school for the deaf.
83. Establish a hall of fame for distinguished graduates
9of the Iowa school for the deaf, distinguished graduates of
10the Iowa braille and sight saving school, and distinguished
11participants in the Iowa educational services for the blind and
12visually impaired program.
13 Sec. 2485. NEW SECTION. 256.103 Employees — contracts —
14termination and discharge procedures.
15Sections 279.12 through 279.19 and section 279.27 apply to
16employees of the Iowa school for the deaf, who are licensed
17pursuant to subchapter VII, part 3. In following those
18sections in chapter 279, the references to boards of directors
19of school districts shall be interpreted to apply to the
20department.
21 Sec. 2486. NEW SECTION. 256.104 Students residing on
22state-owned land.
23The department shall pay to the local school boards the
24tuition payments and transportation costs, as otherwise
25authorized by statutes for the elementary or high school
26education of students residing on land owned by the state and
27under the control of the department. Such payments shall be
28made from moneys appropriated to the department.
29 Sec. 2487. NEW SECTION. 256.105 Transfer of a student to
30the university of Iowa hospitals and clinics.
31The department may send any student of the Iowa school for
32the deaf to the university of Iowa hospitals and clinics for
33treatment and care. The department shall pay the traveling
34expenses of such student, and when necessary the traveling
35expenses of an attendant for the student, out of funds
-1370-1appropriated for the use of the department.
2 Sec. 2488. NEW SECTION. 256.107 Administrative rules.
3The state board shall adopt rules pursuant to chapter 17A to
4administer this subchapter.
5 Sec. 2489. Section 256B.2, subsection 2, paragraph c, Code
62023, is amended to read as follows:
7c. For those children who cannot adapt to the regular
8educational or home living conditions, and who are attending
9facilities under chapters chapter 263, 269, and 270 or chapter
10256, subchapter V, upon the request of the board of directors
11of an area education agency, the department of human services
12shall provide residential or detention facilities and the area
13education agency shall provide special education programs and
14services. The area education agencies shall cooperate with
15the board of regents department of education to provide the
16services required by this chapter.
17 Sec. 2490. Section 256B.3, subsection 9, Code 2023, is
18amended to read as follows:
199. To cooperate with existing agencies such as the
20department of human services, the Iowa department of public
21health, the Iowa school for the deaf, the Iowa braille and
22sight saving school, the children’s hospitals, or other
23agencies concerned with the welfare and health of children
24requiring special education in the coordination of their
25educational activities for such children.
26 Sec. 2491. Section 256B.10, subsection 1, paragraph a, Code
272023, is amended to read as follows:
28a. The department of education shall work with the state
29 Iowa school for the deaf, the area education agencies, school
30districts, and the early hearing detection and intervention
31program in the Iowa department of public health for purposes
32of coordinating, developing, and disseminating resources for
33use by parents or guardians, early hearing detection and
34intervention programs, the state Iowa school for the deaf,
35area education agencies, school districts, and accredited
-1371-1nonpublic schools to inform deaf and hard-of-hearing children’s
2expressive and receptive language acquisition or development.
3 Sec. 2492. Section 256B.10, subsection 1, paragraph b,
4unnumbered paragraph 1, Code 2023, is amended to read as
5follows:
6The duties of the department of education shall, at a
7minimum, include all of the following:
8 Sec. 2493. Section 256B.10, subsection 3, unnumbered
9paragraph 1, Code 2023, is amended to read as follows:
10The department of education, in consultation with the state
11 Iowa school for the deaf, the area education agencies, school
12districts, and the early hearing detection and intervention
13program in the Iowa department of public health, shall select
14existing tools or assessments that may be used by qualified
15educators to assess American sign language and English language
16and literacy development of deaf and hard-of-hearing children
17from birth through age eight.
18 Sec. 2494. Section 256B.10, subsections 4 and 7, Code 2023,
19are amended to read as follows:
204. The department of education shall disseminate the parent
21resource developed pursuant to this section to parents and
22guardians of deaf and hard-of-hearing children and, consistent
23with federal law, shall disseminate the educator tools and
24assessments selected pursuant to subsection 3 to early hearing
25detection and intervention programs, area education agencies,
26school districts, accredited nonpublic schools, and the
27state Iowa school for the deaf for use in the development and
28modification of individualized family service or individualized
29education program plans, and shall provide materials and
30training on the use of such materials to assist deaf and
31hard-of-hearing children in kindergarten readiness using
32American sign language or English, or both, from birth through
33age eight.
347. The department of education shall annually compile,
35and publish on the department’s internet site, a report using
-1372-1existing data reported in compliance with the state performance
2plan on pupils with disabilities, required under federal law,
3that is specific to language and literacy development in deaf
4and hard-of-hearing children from birth through age eight,
5including those children who are deaf or hard of hearing and
6have other disabilities, relative to the children’s peers who
7are not deaf or hard of hearing.
8 Sec. 2495. Section 256B.10, subsection 5, paragraphs a, b,
9and e, Code 2023, are amended to read as follows:
10a. If moneys are appropriated by the general assembly for
11a fiscal year for the purpose provided in this subsection,
12the department of education shall develop guidelines for a
13comprehensive family support mentoring program that meets the
14language and communication needs of families.
15b. The department of education shall work with the early
16hearing detection and intervention program in the Iowa
17department of public health, the state Iowa school for the
18deaf, and the area education agencies when developing the
19guidelines. The department of education, in consultation with
20the Iowa school for the deaf, shall administer the family
21support mentoring program for deaf or hard-of-hearing children.
22e. The department of education shall coordinate family
23support mentoring activities with the early hearing detection
24and intervention program in the Iowa department of public
25health, the state Iowa school for the deaf, the area education
26agencies, and nonprofit organizations that provide family
27support mentoring to parents with deaf or hard-of-hearing
28children.
29 Sec. 2496. Section 256B.10, subsection 5, paragraph d,
30unnumbered paragraph 1, Code 2023, is amended to read as
31follows:
32In establishing the family support mentoring program, the
33department of education may do all of the following:
34 Sec. 2497. Section 261E.2, subsection 8, Code 2023, is
35amended to read as follows:
-1373- 18. “Student” means any individual enrolled in grades nine
2through twelve in a school district who meets the criteria in
3section 261E.3, subsection 1. “Student” includes an individual
4attending an accredited nonpublic school or the Iowa school
5for the deaf or the Iowa braille and sight saving school for
6purposes of sections 261E.4 and 261E.6.
7 Sec. 2498. Section 261E.6, subsections 3, 4, and 6, Code
82023, are amended to read as follows:
93. Authorization. To participate in this program, an
10eligible student shall make application to an eligible
11postsecondary institution to allow the eligible student to
12enroll for college credit in a nonsectarian course offered at
13the institution. A comparable course, as defined in rules
14adopted by the board of directors of the school district
15consistent with department administrative rule, must not be
16offered by the school district or accredited nonpublic school
17the student attends. A course is ineligible for purposes
18of this section if the school district has a contractual
19agreement with the eligible postsecondary institution under
20section 261E.8 that meets the requirements of section 257.11,
21subsection 3, and the course may be delivered through such an
22agreement in accordance with section 257.11, subsection 3.
23If the postsecondary institution accepts an eligible student
24for enrollment under this section, the institution shall send
25written notice to the student, the student’s parent or legal
26guardian in the case of a minor child, and the student’s school
27district or accredited nonpublic school and the school district
28in the case of a nonpublic school student, or the Iowa school
29for the deaf or the Iowa braille and sight saving school. The
30notice shall list the course, the clock hours the student will
31be attending the course, and the number of hours of college
32credit that the eligible student will receive from the eligible
33postsecondary institution upon successful completion of the
34course.
354. Credits.
-1374- 1a. A school district, the Iowa school for the deaf, the
2Iowa braille and sight saving school, or accredited nonpublic
3school shall grant high school credit to an eligible student
4enrolled in a course under this chapter if the eligible student
5successfully completes the course as determined by the eligible
6postsecondary institution. The board of directors of the
7school district, the board of regents department of education
8 for the Iowa school for the deaf and the Iowa braille and
9sight saving school, or authorities in charge of an accredited
10nonpublic school shall determine the number of high school
11credits that shall be granted to an eligible student who
12successfully completes a course. Eligible students may take
13up to seven semester hours of credit during the summer months
14when school is not in session and receive credit for that
15attendance, if the student pays the cost of attendance for
16those summer credit hours.
17b. The high school credits granted to an eligible
18student under this section shall count toward the graduation
19requirements and subject area requirements of the school
20district of residence, the Iowa school for the deaf, the Iowa
21braille and sight saving school, or accredited nonpublic school
22of the eligible student. Evidence of successful completion
23of each course and high school credits and college credits
24received shall be included in the student’s high school
25transcript.
266. Definition. For purposes of this section and section
27261E.7, unless the context otherwise requires, “eligible
28student” means a student classified by the board of directors
29of a school district, by the state board of regents department
30of education for pupils of the Iowa school for the deaf and the
31Iowa braille and sight saving school, or by the authorities
32in charge of an accredited nonpublic school as a ninth or
33tenth grade student who is identified according to the school
34district’s gifted and talented criteria and procedures,
35pursuant to section 257.43, as a gifted and talented child,
-1375-1or an eleventh or twelfth grade student, during the period
2the student is participating in the postsecondary enrollment
3options program.
4 Sec. 2499. Section 261E.7, subsection 1, unnumbered
5paragraph 1, Code 2023, is amended to read as follows:
6Not later than June 30 of each year, a school district
7shall pay a tuition reimbursement amount to a postsecondary
8institution that has enrolled its resident eligible
9students under this chapter, unless the eligible student is
10participating in open enrollment under section 282.18, in which
11case, the tuition reimbursement amount shall be paid by the
12receiving district. However, if a child’s residency changes
13during a school year, the tuition shall be paid by the district
14in which the child was enrolled as of the date specified in
15section 257.6, subsection 1, or the district in which the child
16was counted under section 257.6, subsection 1, paragraph “a”,
17subparagraph (6). For students enrolled at the Iowa school
18for the deaf and the Iowa braille and sight saving school,
19the state board of regents department of education shall pay
20a tuition reimbursement amount by June 30 of each year. The
21amount of tuition reimbursement for each separate course shall
22equal the lesser of:
23 Sec. 2500. Section 262.7, subsections 4 and 5, Code 2023,
24are amended by striking the subsections.
25 Sec. 2501. Section 262.9, subsection 2, Code 2023, is
26amended to read as follows:
272. Elect a president of each of the institutions of higher
28learning; a superintendent of each of the other institutions;
29 a treasurer and a secretarial officer for each institution
30annually; professors, instructors, officers, and employees;
31and fix their compensation. Sections 279.12 through 279.19
32 and section 279.27 apply to employees of the Iowa braille and
33sight saving school and the Iowa school for the deaf, who are
34licensed pursuant to chapter 272. In following those sections
35in chapter 279, the references to boards of directors of
-1376-1school districts shall be interpreted to apply to the board of
2regents.
3 Sec. 2502. Section 262.9, subsection 21, Code 2023, is
4amended by striking the subsection.
5 Sec. 2503. Section 262.43, Code 2023, is amended to read as
6follows:
7262.43 Students residing on state-owned land.
8The state board of regents shall pay to the local school
9boards the tuition payments and transportation costs, as
10otherwise authorized by statutes for the elementary or high
11school education of students residing on land owned by the
12state and under the control of the state board of regents.
13Such payments for the three institutions of higher learning,
14the state university of Iowa, the Iowa state university of
15science and technology, and the university of northern Iowa,
16shall be made from the funds of the respective institutions
17other than state appropriations, and for the two noncollegiate
18institutions, the Iowa braille and sight saving school and the
19Iowa school for the deaf, the payments and costs shall be paid
20from moneys appropriated to the state board of regents.
21 Sec. 2504. Section 263.21, Code 2023, is amended to read as
22follows:
23263.21 Transfer of patients from state institutions.
24The director of the department of human services, in respect
25to institutions under the director’s control, the administrator
26of any of the divisions of the department, in respect to
27the institutions under the administrator’s control, and the
28director of the department of corrections, in respect to the
29institutions under the department’s control, and the state
30board of regents, in respect to the Iowa braille and sight
31saving school and the Iowa school for the deaf, may send any
32inmate, student, or patient of an institution, or any person
33committed or applying for admission to an institution, to the
34university of Iowa hospitals and clinics for treatment and
35care. The department of human services, and the department of
-1377-1corrections, and the state board of regents shall respectively
2pay the traveling expenses of such patient, and when necessary
3the traveling expenses of an attendant for the patient, out of
4funds appropriated for the use of the institution from which
5the patient is sent.
6 Sec. 2505. Section 269.1, Code 2023, is amended by striking
7the section and inserting in lieu thereof the following:
8269.1 Iowa educational services for the blind and visually
9impaired program.
10Any resident of the state under twenty-one years of age who
11is blind or visually impaired shall be entitled to receive the
12services of the Iowa educational services for the blind and
13visually impaired program. The department shall coordinate
14with area education agencies and school districts on the
15provision of these services for any eligible student.
16 Sec. 2506. Section 270.3, Code 2023, is amended to read as
17follows:
18270.3 Admission — Iowa school for the deaf.
19Any resident of the state less than twenty-one years of
20age who has a hearing loss which is too severe to acquire an
21education in the public schools is eligible to attend the Iowa
22school for the deaf. Nonresidents similarly situated may be
23admitted to an education therein the Iowa school for the deaf
24 upon such terms as may be fixed by the state board of regents
25 department. The fee for nonresidents shall be set by the state
26board of regents department.
27 Sec. 2507. Section 270.4, Code 2023, is amended to read as
28follows:
29270.4 Clothing and prescriptions.
30The superintendent of the Iowa school for the deaf shall
31provide students, who would otherwise be without, with clothing
32or prescription refills, and shall bill the student’s parent
33or guardian, if the student is a minor, or the student if the
34student has attained the age of majority, for any clothing or
35prescription refills provided. The bill shall be presumptive
-1378-1evidence in all courts.
2 Sec. 2508. Section 270.8, Code 2023, is amended to read as
3follows:
4270.8 Residence during vacation.
5The residence of indigent or homeless children may, by order
6of the state board of regents department, be continued during
7vacation months.
8 Sec. 2509. Section 270.9, Code 2023, is amended to read as
9follows:
10270.9 Iowa school for the deaf and the Iowa braille and sight
11saving school — transportation reimbursement.
12Funds appropriated to the Iowa school for the deaf and
13the Iowa braille and sight saving school for payments to the
14parents or guardians of pupils in either that institution shall
15be expended as follows:
161. Transportation reimbursement at a rate established
17annually by the state board of regents department to the
18parents or guardians of children who do not reside in the
19institution, but are transported to the institution on a daily
20basis.
212. Transportation reimbursement at a rate established
22annually by the state board of regents department to the
23parents or guardians for transportation from the institution
24to the residence of the parent or guardian and return to the
25institution for children who reside in the institution.
26 Sec. 2510. Section 270.10, Code 2023, is amended to read as
27follows:
28270.10 Merger Closure requirements.
291. The state board of regents department shall not merge
30 close the Iowa school for the deaf at Council Bluffs with the
31Iowa braille and sight saving school at Vinton or close either
32of those institutions until all of the following requirements
33have been met:
34a. 1. The department of management has presented to the
35general assembly a comprehensive plan, program, and fiscal
-1379-1analysis of the existing circumstances and the circumstances
2which would prevail upon the proposed merger or closing,
3together with data which would support the contention that the
4merger or closing will be more efficient and effective than
5continuation of the existing facilities facility. The analysis
6shall include a detailed study of the educational implications
7of the merger or closing, the impact on the students, and
8the opinions and research of nationally recognized experts
9in the field of the education of visually impaired and deaf
10or hard-of-hearing students. The comprehensive plan shall
11further include a study relating to the programming, fiscal
12consequences, and political implications which would result if
13either a merger or an agreement under chapter 28E should be
14implemented between the Iowa school for the deaf in Council
15Bluffs and comparable state programs in the state of Nebraska.
16b. 2. The general assembly has studied the plans, programs,
17and fiscal analysis and has reviewed their impact on the
18programs.
19c. 3. The general assembly has enacted legislation
20authorizing either the closing or the merger to take effect not
21sooner than two years after the enactment of the legislation.
222. This section shall not apply to an agreement related to
23the sale or transfer of the property of the Iowa braille and
24sight saving school at Vinton entered into between the state
25of Iowa and the city of Vinton.
26 Sec. 2511. Section 280.16, subsection 7, Code 2023, is
27amended to read as follows:
287. The Iowa braille and sight saving school, the Iowa school
29for the deaf, and the institutions under the control of the
30department of human services as provided in section 218.1 are
31exempt from the provisions of this section.
32 Sec. 2512. Section 321.1, subsection 8, paragraph i, Code
332023, is amended to read as follows:
34i. If authorized to transport students or clients by the
35superintendent of the Iowa braille and sight saving school
-1380-1or of the Iowa school for the deaf, or the superintendent’s
2respective designee, an employee of the Iowa braille and
3sight saving school or the Iowa school for the deaf is not a
4chauffeur when transporting the students or clients.
5 Sec. 2513. Section 331.381, subsection 9, Code 2023, is
6amended to read as follows:
79. Comply with chapters 269 and 270 chapter 256, subchapter
8V, in regard to the payment of costs for pupils at the Iowa
9braille and sight saving school and the Iowa school for the
10deaf.
11 Sec. 2514. Section 331.424, subsection 1, paragraph a,
12subparagraph (1), subparagraph division (b), Code 2023, is
13amended to read as follows:
14(b) Clothing, transportation, medical, or other services
15provided persons attending the Iowa braille and sight saving
16school, the Iowa school for the deaf, or the university of Iowa
17hospitals and clinics’ center for disabilities and development
18for children with severe disabilities at Iowa City, for which
19the county becomes obligated to pay pursuant to sections
20263.12, 269.2, and 270.4.
21 Sec. 2515. Section 331.552, subsection 13, Code 2023, is
22amended to read as follows:
2313. Make transfer payments to the state for school expenses
24for blind and deaf and hard-of-hearing children and support of
25persons with mental illness as provided in sections section
26 230.21 and 269.2.
27 Sec. 2516. Section 483A.24, subsection 7, Code 2023, is
28amended to read as follows:
297. A license shall not be required of minor pupils of
30the Iowa braille and sight saving school, Iowa school for
31the deaf, or of minor residents of other state institutions
32under the control of an administrator of a division of the
33department of human services. In addition, a person who is
34on active duty with the armed forces of the United States,
35on authorized leave from a duty station located outside of
-1381-1this state, and a resident of the state of Iowa shall not be
2required to have a license to hunt or fish in this state. The
3military person shall carry the person’s leave papers and a
4copy of the person’s current earnings statement showing a
5deduction for Iowa income taxes while hunting or fishing. In
6lieu of carrying the person’s earnings statement, the military
7person may also claim residency if the person is registered to
8vote in this state. If a deer or wild turkey is taken, the
9military person shall immediately contact a state conservation
10officer to obtain an appropriate tag to transport the animal.
11A license shall not be required of residents of county care
12facilities or any person who is receiving supplementary
13assistance under chapter 249.
14 Sec. 2517. REPEAL. Section 269.2, Code 2023, is repealed.
15 Sec. 2518. CODE EDITOR DIRECTIVE.
161. The Code editor is directed to make the following
17transfers:
18a. Section 256B.10 to section 256.106.
19b. Section 269.1 to section 256.96.
20c. Section 270.1 to section 256.98.
21d. Section 270.3 to section 256.97.
22e. Section 270.4 to section 256.99.
23f. Section 270.8 to section 256.100.
24g. Section 270.9 to section 256.101.
25h. Section 270.10 to section 256.102.
262. The Code editor shall correct internal references in the
27Code and in any enacted legislation as necessary due to the
28enactment of this section.
293. The Code editor may designate sections 256.95 through
30256.107, as amended or enacted in this division of this Act, as
31new subchapter V within chapter 256, entitled “Iowa educational
32services for the blind and visually impaired program and Iowa
33school for the deaf”.
34 Sec. 2519. TRANSITION PROVISIONS.
351. The property and records in the custody of the state
-1382-1board of regents relating to the Iowa braille and sight saving
2school, the Iowa school for the deaf, the hall of fame for
3distinguished graduates at the Iowa braille and sight saving
4school, and the hall of fame for distinguished graduates at the
5Iowa school for the deaf shall be transferred to the department
6of education.
72. All employees of the Iowa school for the deaf established
8pursuant to chapter 270 shall be considered employees of the
9department of education on the effective date of this division
10of this Act without incurring any loss in salary, benefits, or
11accrued years of service.
12INNOVATION DIVISION
13 Sec. 2520. Section 268.7, Code 2023, is amended to read as
14follows:
15268.7 Science, Innovation division — science, technology,
16engineering, and mathematics collaborative initiative.
171. The innovation division of the department of education
18is created. The chief administrative officer of the division
19is the administrator who shall be a highly qualified science,
20technology, engineering, and mathematics advocate and shall be
21appointed by the director.
222. The administrator shall do all of the following:
23a. Direct and organize the activities of the division,
24including the science, technology, engineering, and mathematics
25collaborative initiative created in subsection 3.
26b. Control all property of the division.
27c. Perform other duties imposed by law.
281. 3. A science, technology, engineering, and mathematics
29collaborative initiative is established at the university of
30northern Iowa within the innovation division for purposes
31of supporting activities directly related to recruitment of
32prekindergarten through grade twelve mathematics and science
33teachers for ongoing mathematics and science programming for
34students enrolled in prekindergarten through grade twelve.
352. 4. The collaborative initiative shall prioritize
-1383-1student interest in achievement in science, technology,
2engineering, and mathematics; reach every student and teacher
3in every school district in the state; identify, recruit,
4prepare, and support the best mathematics and science teachers;
5and sustain exemplary programs through the university’s Iowa
6mathematics and science education partnership. The university
7 innovation division shall collaborate with the community
8colleges to develop science, technology, engineering, and
9mathematics professional development programs for community
10college instructors and for purposes of science, technology,
11engineering, and mathematics curricula development.
123. 5. Subject to an appropriation of funds moneys by the
13general assembly, the initiative innovation division shall
14administer the following:
15a. Regional science, technology, engineering, and
16mathematics networks for Iowa, the purpose of which is to
17equalize science, technology, engineering, and mathematics
18education enrichment opportunities available to learners
19statewide. The initiative innovation division shall establish
20six geographically similar regional science, technology,
21engineering, and mathematics networks across Iowa that
22complement and leverage existing resources, including but
23not limited to extension service assets, area education
24agencies, state accredited postsecondary institutions,
25informal educational centers, school districts, economic
26development zones, and existing public and private science,
27technology, engineering, and mathematics partnerships. Each
28network shall be managed by a highly qualified science,
29technology, engineering, and mathematics advocate positioned
30at a network hub to be determined through a competitive
31application process. Oversight for each regional network
32shall be provided by a regional advisory board. Members of
33the board shall be appointed by the governor. The membership
34shall represent prekindergarten through grade twelve school
35districts and schools, and higher education, business,
-1384-1nonprofit organizations, youth agencies, and other appropriate
2stakeholders.
3b. A focused array of the best science, technology,
4engineering, and mathematics enrichment opportunities, selected
5through a competitive application process, that can be expanded
6to meet future needs. A limited, focused list of selected
7exemplary programs shall be made available to each regional
8network.
9c. Statewide science, technology, engineering, and
10mathematics programming designed to increase participation of
11students and teachers in successful learning experiences; to
12increase the number of science, technology, engineering, and
13mathematics-related teaching majors offered by the state’s
14universities; to elevate public awareness of the opportunities;
15and to increase collaboration and partnerships.
164. 6. The initiative innovation division shall evaluate the
17effectiveness of programming to document best practices.
187. The state board shall adopt rules pursuant to chapter 17A
19to administer this section.
20 Sec. 2521. CODE EDITOR DIRECTIVE.
211. The Code editor is directed to make the following
22transfer:
23Section 268.7 to section 256.111.
242. The Code editor shall correct internal references in the
25Code and in any enacted legislation as necessary due to the
26enactment of this section.
273. The Code editor may designate section 256.111, as enacted
28in this division of this Act, as new subchapter VI within
29chapter 256, entitled “Innovation Division”.
30 Sec. 2522. TRANSITION PROVISIONS.
311. The property and records in the custody of the state
32board of regents or the university of northern Iowa relating
33to the science, technology, engineering, and mathematics
34collaborative initiative shall be transferred to the department
35of education on or before the effective date of this division
-1385-1of this Act.
22. All employees of the university of northern Iowa whose
3primary workplace is located at the university of northern Iowa
4under the science, technology, engineering, and mathematics
5collaborative initiative established pursuant to section 268.7
6shall be considered employees of the innovation division of the
7department of education on the effective date of this division
8of this Act without incurring any loss in salary, benefits, or
9accrued years of service.
103. The state board of regents and the university of
11northern Iowa shall assist the department of education in
12implementing this division of this Act by providing for an
13effective transition of powers and duties from one entity
14to another under section 268.7, chapters 256 and 262, and
15related administrative rules. To the extent requested by
16the department of education, such assistance shall include
17assisting in cooperating with federal agencies such as the
18United States department of education.
194. Any contract issued or entered into by the state board
20of regents or the university of northern Iowa relating to the
21provisions of section 268.7, in effect on the effective date
22of this division of this Act, shall continue in full force and
23effect pending transfer of such contract to the innovation
24division of the department of education.
255. Federal funds utilized by the state board of regents or
26the university of northern Iowa prior to the effective date of
27this division of this Act to employ personnel necessary for
28the administration of the science, technology, engineering,
29and mathematics collaborative initiative established pursuant
30to section 268.7 shall be applied to and be available for the
31transfer of such personnel from the state board of regents or
32the university of northern Iowa to the innovation division of
33the department of education.
34HIGHER EDUCATION DIVISION AND MISCELLANEOUS CHANGES
35 Sec. 2523. Section 256.1, subsection 1, Code 2023, is
-1386-1amended by adding the following new paragraphs:
2 NEW PARAGRAPH. g. The Iowa educational services for the
3blind and visually impaired program.
4 NEW PARAGRAPH. h. The Iowa school for the deaf.
5 NEW PARAGRAPH. i. The science, technology, engineering,
6and mathematics collaborative initiative within the innovation
7division of the department.
8 NEW PARAGRAPH. j. The college student aid commission within
9the higher education division of the department.
10 NEW PARAGRAPH. k. The board of educational examiners within
11the higher education division of the department.
12 NEW PARAGRAPH. l. Career and technical education programs
13offered by school districts or community colleges.
14 Sec. 2524. Section 256.7, unnumbered paragraph 1, Code
152023, is amended to read as follows:
16Except for the college student aid commission, the
17commission of libraries and division of library services,
18 higher education division; the bureaus, boards, and commissions
19within the higher education division; and the public
20broadcasting board and division, the state board shall:
21 Sec. 2525. Section 256.9, unnumbered paragraph 1, Code
222023, is amended to read as follows:
23Except for the college student aid commission, the
24commission of libraries and division of library services,
25 higher education division; the bureaus, boards, and commissions
26within the higher education division; and the public
27broadcasting board and division, the director shall:
28 Sec. 2526. NEW SECTION. 256.121 Higher education division
29created.
301. The higher education division of the department of
31education is created. The chief administrative officer of the
32division is the administrator who shall be appointed by the
33director.
342. The administrator shall do all of the following:
35a. Administer and coordinate all of the following bureaus,
-1387-1boards, and commissions within the higher education division:
2(1) The career and technical education bureau under part 2.
3(2) The board of educational examiners under part 3.
4(3) The college student aid commission under part 4.
5(4) The community colleges bureau under chapter 260C.
6b. Direct and organize the activities of the division.
7c. Control all property of the division.
8d. Hire and control the personnel employed by the division.
9e. Perform other duties imposed by law.
10 Sec. 2527. CODE EDITOR DIRECTIVE. The Code editor may
11designate section 256.121 as new subchapter VII within chapter
12256, entitled “Higher Education Division”, and new part 1
13within new subchapter VII entitled “General Provisions”.
14COMMUNITY COLLEGES AND POST-SECONDARY READINESS BUREAU
15 Sec. 2528. Section 256.7, subsection 2, Code 2023, is
16amended to read as follows:
172. Constitute the state board for career and technical
18education under chapter 258 subchapter VII, part 2.
19 Sec. 2529. Section 256.11, subsection 5, paragraph h,
20subparagraph (2), Code 2023, is amended to read as follows:
21(2) Instructional programs provided under subparagraph (1)
22shall comply with the provisions of chapter 258 subchapter VII,
23part 2, relating to career and technical education, and shall
24be articulated with postsecondary programs of study and include
25field, laboratory, or on-the-job training. Each sequential
26unit shall contain a portion of a career and technical
27education program approved by the department. Standards for
28instructional programs shall include but not be limited to new
29and emerging technologies; job-seeking, job-adaptability, and
30other employment, self-employment and entrepreneurial skills
31that reflect current industry standards and labor-market needs;
32and reinforcement of basic academic skills.
33 Sec. 2530. Section 257.51, subsection 3, Code 2023, is
34amended to read as follows:
353. The department of education shall adopt rules to
-1388-1establish and administer a career academy grant program
2to provide for the allocation of money in the fund in
3the form of competitive grants, not to exceed one million
4dollars per grant, to school corporations for career academy
5infrastructure, career academy equipment, or both, in
6accordance with the goals of this section and to further the
7goals of the establishment and operation of career academies
8under section 258.15. The rules adopted by the department
9of education shall specify the eligibility of applicants
10and eligible items for grant funding. Priority for grants
11shall first be given to applications to establish new career
12academies that are organized as regional centers pursuant to
13chapter 258 256, subchapter VII, part 2. Subsequent priority
14shall be given to applications for expanding existing career
15academies.
16 Sec. 2531. Section 258.3, Code 2023, is amended to read as
17follows:
18258.3 Personnel Community colleges and post-secondary
19readiness bureau — personnel.
20The director of the department of education shall appoint
21the bureau chief of the community colleges and post-secondary
22readiness bureau, and the bureau chief shall direct the work of
23personnel as necessary to carry out this chapter part.
24 Sec. 2532. Section 258.3A, subsection 3, Code 2023, is
25amended to read as follows:
263. Adopt rules prescribing standards for approval of school
27district career and technical education programs; and community
28colleges with career and technical education programs; and
29practitioner preparation schools, departments, and classes,
30applying for federal and state moneys under this chapter part.
31 Sec. 2533. Section 258.4, subsection 10, Code 2023, is
32amended to read as follows:
3310. Notwithstanding the accreditation process contained
34in section 256.11, permit school districts that provide a
35program which does not meet the standards for accreditation
-1389-1for career and technical education to cooperate with the
2regional career and technical education planning partnership
3and contract for an approved program under this chapter part
4 without losing accreditation. A school district that fails
5to cooperate with the regional career and technical education
6planning partnership and contract for an approved program
7shall, however, be subject to section 256.11.
8 Sec. 2534. Section 258.6, Code 2023, is amended to read as
9follows:
10258.6 Definitions.
11As used in this chapter part:
121. “Approved career and technical education program” means
13a career and technical education program offered by a school
14district or community college and approved by the department
15 bureau which meets the standards for career and technical
16education programs adopted by the state board under this
17chapter part.
182. “Approved practitioner preparation school, department,
19or class” means a school, department, or class approved by the
20state board as entitled under this chapter part to federal
21moneys for the training of teachers of career and technical
22education subjects.
233. “Approved regional career and technical education
24planning partnership” means a regional entity that meets the
25standards for regional career and technical education planning
26partnerships adopted by the state board pursuant to section
27258.3A and section 258.14.
284. “Career academy” means a career academy established under
29section 258.15.
305. “Career and technical education service area” means
31any one of the service areas specified in section 256.11,
32subsection 5, paragraph “h”.
336. “Department” means the department of education.
347. “Director” means the director of the department of
35education.
-1390- 18. 6. “Sector partnership” means a regional industry sector
2partnership established pursuant to section 260H.7B.
39. 7. “State board” means the state board for career and
4technical education as provided in section 258.2.
510. 8. “Work-based learning” means opportunities and
6experiences that include but are not limited to tours, job
7shadowing, rotations, mentoring, entrepreneurship, service
8learning, internships, and apprenticeships.
911. 9. “Work-based learning intermediary network” means the
10statewide work-based learning intermediary network established
11pursuant to section 256.40.
12 Sec. 2535. Section 258.9, subsection 1, Code 2023, is
13amended to read as follows:
141. The board of directors of a school district or community
15college that maintains a career and technical education
16program receiving federal or state funds under this chapter
17 part shall, as a condition of approval by the state board,
18appoint a local advisory council for each career and technical
19education program offered by the school district or community
20college. However, a school district and a community college
21that maintain a career and technical education program
22receiving federal or state funds may create a joint local
23advisory council. The membership of each local advisory
24council shall consist of public members with expertise in
25the occupation or occupational field related to the career
26and technical education program. The local advisory council
27shall give advice and assistance to the board of directors,
28administrators, and instructors in the establishment and
29maintenance of the career and technical education program.
30 Sec. 2536. Section 258.11, Code 2023, is amended to read as
31follows:
32258.11 Salary and expenses for administration.
33The director may make expenditures for salaries and other
34expenses as necessary to the proper administration of this
35chapter part.
-1391-1 Sec. 2537. Section 260C.14, subsection 1, Code 2023, is
2amended to read as follows:
31. Determine the curriculum to be offered in such school or
4college subject to approval of the director and ensure that all
5career and technical education offerings are competency-based,
6provide any minimum competencies required by the department
7of education, comply with any applicable requirements in
8chapter 258 256, subchapter VII, part 2, and are articulated
9with local school district career and technical education
10programs. If an existing private educational institution or an
11existing vocational institution offering a career and technical
12education program within the merged area has facilities and
13curriculum of adequate size and quality which would duplicate
14the functions of the area school, the board of directors shall
15discuss with the institution the possibility of entering into
16contracts to have the existing institution offer facilities
17and curriculum to students of the merged area. The board of
18directors shall consider any proposals submitted by the private
19institution for providing such facilities and curriculum. The
20board of directors may enter into such contracts. In approving
21curriculum, the director shall ascertain that all courses
22and programs submitted for approval are needed and that the
23curriculum being offered by an area school does not duplicate
24programs provided by existing public or private facilities in
25the area. In determining whether duplication would actually
26exist, the director shall consider the needs of the area
27and consider whether the proposed programs are competitive
28as to size, quality, tuition, purposes, and area coverage
29with existing public and private educational or vocational
30institutions within the merged area. If the board of directors
31of the merged area chooses not to enter into contracts with
32private institutions under this subsection, the board shall
33submit a list of reasons why contracts to avoid duplication
34were not entered into and an economic impact statement relating
35to the board’s decision.
-1392-1 Sec. 2538. Section 598.21B, subsection 2, paragraph e,
2subparagraph (1), subparagraph division (c), Code 2023, is
3amended to read as follows:
4(c) The parent is attending a career and technical education
5program approved pursuant to chapter 258 256, subchapter VII,
6part 2.
7 Sec. 2539. EMERGENCY RULES. The state board of education
8may adopt emergency rules under section 17A.4, subsection 3,
9and section 17A.5, subsection 2, paragraph “b”, to implement
10the provisions of this division of this Act pertaining to the
11career and technical education bureau and the rules shall
12be effective immediately upon filing unless a later date is
13specified in the rules. Any rules adopted in accordance with
14this section shall also be published as a notice of intended
15action as provided in section 17A.4.
16 Sec. 2540. CODE EDITOR DIRECTIVE.
171. The Code editor is directed to make the following
18transfers:
19a. Section 258.1 to section 256.126.
20b. Section 258.2 to section 256.127.
21c. Section 258.3 to section 256.128.
22d. Section 258.3A to section 256.129.
23e. Section 258.4 to section 256.130.
24f. Section 258.5 to section 256.131.
25g. Section 258.6 to section 256.125.
26h. Section 258.9 to section 256.132.
27i. Section 258.10 to section 256.133.
28j. Section 258.11 to section 256.134.
29k. Section 258.12 to section 256.135.
30l. Section 258.14 to section 256.136.
31m. Section 258.15 to section 256.137.
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.
353. The Code editor may designate sections 256.125 through
-1393-1256.137, as amended or enacted in this division of this Act,
2as new part 2 entitled “Career and Technical Education Bureau”
3within the subchapter entitled “Higher Education Division” as
4enacted by another division of this Act.
5 Sec. 2541. TRANSITION PROVISIONS.
61. Any contract issued or entered into by the state board
7of education or the department of education relating to the
8provisions of chapter 258, in effect on the effective date
9of this division of this Act, shall continue in full force
10and effect pending transfer of such contract to the higher
11education division of the department of education.
122. All employees of the department of education who work
13under the career and technical education program established
14pursuant to chapter 258 shall be considered employees of the
15career and technical education bureau of the higher education
16division of the department of education on the effective date
17of this division of this Act without incurring any loss in
18salary, benefits, or accrued years of service.
19BOARD OF EDUCATIONAL EXAMINERS
20 Sec. 2542. Section 20.17, subsection 10, paragraph a, Code
212023, is amended to read as follows:
22a. In the absence of an impasse agreement negotiated
23pursuant to section 20.19 which provides for a different
24completion date, public employees represented by a certified
25employee organization who are teachers licensed under chapter
26272 256, subchapter VII, part 3, and who are employed by a
27public employer which is a school district or area education
28agency shall complete the negotiation of a proposed collective
29bargaining agreement not later than May 31 of the year
30when the agreement is to become effective. The board shall
31provide, by rule, a date on which impasse items in such cases
32must be submitted to binding arbitration and for such other
33procedures as deemed necessary to provide for the completion
34of negotiations of proposed collective bargaining agreements
35not later than May 31. The date selected for the mandatory
-1394-1submission of impasse items to binding arbitration in such
2cases shall be sufficiently in advance of May 31 to ensure that
3the arbitrator’s award can be reasonably made by May 31.
4 Sec. 2543. Section 20.19, subsection 1, Code 2023, is
5amended to read as follows:
61. As the first step in the performance of their duty to
7bargain, the public employer and the employee organization
8shall endeavor to agree upon impasse procedures. Such
9agreement shall provide for implementation of these impasse
10procedures not later than one hundred twenty days prior to
11the certified budget submission date of the public employer.
12However, if public employees represented by the employee
13organization are teachers licensed under chapter 272 256,
14subchapter VII, part 3, and the public employer is a school
15district or area education agency, the agreement shall provide
16for implementation of impasse procedures not later than one
17hundred twenty days prior to May 31 of the year when the
18collective bargaining agreement is to become effective. If the
19public employer is a community college, the agreement shall
20provide for implementation of impasse procedures not later than
21one hundred twenty days prior to May 31 of the year when the
22collective bargaining agreement is to become effective. If
23the public employer is not subject to the budget certification
24requirements of section 24.17 and other applicable sections,
25the agreement shall provide for implementation of impasse
26procedures not later than one hundred twenty days prior
27to the date the next fiscal or budget year of the public
28employer commences. If the parties fail to agree upon impasse
29procedures under the provisions of this section, the impasse
30procedures provided in sections 20.20 and 20.22 shall apply.
31 Sec. 2544. Section 20.20, Code 2023, is amended to read as
32follows:
3320.20 Mediation.
34In the absence of an impasse agreement negotiated pursuant
35to section 20.19 or the failure of either party to utilize its
-1395-1procedures, one hundred twenty days prior to the certified
2budget submission date, or one hundred twenty days prior to
3May 31 of the year when the collective bargaining agreement
4is to become effective if public employees represented by the
5employee organization are teachers licensed under chapter
6272 256, subchapter VII, part 3, and the public employer is
7a school district or area education agency, the board shall,
8upon the request of either party, appoint an impartial and
9disinterested person to act as mediator. If the public
10employer is a community college, and in the absence of an
11impasse agreement negotiated pursuant to section 20.19 or
12the failure of either party to utilize its procedures, one
13hundred twenty days prior to May 31 of the year when the
14collective bargaining agreement is to become effective, the
15board, upon the request of either party, shall appoint an
16impartial and disinterested person to act as mediator. If the
17public employer is not subject to the budget certification
18requirements of section 24.17 or other applicable sections and
19in the absence of an impasse agreement negotiated pursuant
20to section 20.19, or the failure of either party to utilize
21its procedures, one hundred twenty days prior to the date the
22next fiscal or budget year of the public employer commences,
23the board, upon the request of either party, shall appoint an
24impartial and disinterested person to act as a mediator. It
25shall be the function of the mediator to bring the parties
26together to effectuate a settlement of the dispute, but the
27mediator may not compel the parties to agree.
28 Sec. 2545. Section 235A.15, subsection 2, paragraph e,
29subparagraph (9), Code 2023, is amended to read as follows:
30(9) To the board of educational examiners created under
31chapter 272 256 for purposes of determining whether a license,
32certificate, or authorization should be issued, denied, or
33revoked.
34 Sec. 2546. Section 235B.6, subsection 2, paragraph e,
35subparagraph (13), Code 2023, is amended to read as follows:
-1396- 1(13) To the board of educational examiners created under
2chapter 272 256 for purposes of determining whether a license,
3certificate, or authorization should be issued, denied, or
4revoked.
5 Sec. 2547. Section 256.7, subsection 26, paragraph a,
6subparagraph (2), Code 2023, is amended to read as follows:
7(2) The rules shall allow a school district or accredited
8nonpublic school to award high school credit to an enrolled
9student upon the demonstration of required competencies for
10a course or content area, as approved by a teacher licensed
11under chapter 272 subchapter VII, part 3. The school district
12or accredited nonpublic school shall determine the assessment
13methods by which a student demonstrates sufficient evidence of
14the required competencies.
15 Sec. 2548. Section 256.7, subsection 32, paragraph c, Code
162023, is amended to read as follows:
17c. Rules adopted pursuant to this subsection shall require
18that online learning coursework offered by school districts,
19accredited nonpublic schools, and area education agencies be
20rigorous, high-quality, aligned with the Iowa core and core
21content requirements and standards and the national standards
22of quality for online courses issued by an internationally
23recognized association for kindergarten through grade twelve
24online learning, and taught by a teacher licensed under chapter
25272 subchapter VII, part 3, who has specialized training or
26experience in online learning, including but not limited to an
27online-learning-for-Iowa-educators-professional-development
28project offered by area education agencies, a teacher
29preservice program, or comparable coursework.
30 Sec. 2549. Section 256.9, subsection 55, Code 2023, is
31amended to read as follows:
3255. Develop and maintain a list of approved online
33providers that provide course content through an online
34learning platform taught by a teacher licensed under chapter
35272 subchapter VII, part 3, who has specialized training or
-1397-1experience in online learning including but not limited to an
2online-learning-for-Iowa-educators-professional-development
3project offered by area education agencies, a teacher
4preservice program, or comparable coursework, and whose online
5learning coursework meets the requirements established by
6rule pursuant to section 256.7, subsection 32, paragraph “c”.
7Providers shall apply for approval annually or as determined
8by the department.
9 Sec. 2550. Section 256.11, subsections 9, 9A, and 9B, Code
102023, are amended to read as follows:
119. Beginning July 1, 2006, each school district shall have a
12qualified teacher librarian who shall be licensed by the board
13of educational examiners under chapter 272 subchapter VII,
14part 3. The state board shall establish in rule a definition
15of and standards for an articulated sequential kindergarten
16through grade twelve media program. A school district that
17entered into a contract with an individual for employment as a
18media specialist or librarian prior to June 1, 2006, shall be
19considered to be in compliance with this subsection until June
2030, 2011, if the individual is making annual progress toward
21meeting the requirements for a teacher librarian endorsement
22issued by the board of educational examiners under chapter
23272 subchapter VII, part 3. A school district that entered
24into a contract with an individual for employment as a media
25specialist or librarian who holds at least a master’s degree in
26library and information studies shall be considered to be in
27compliance with this subsection until the individual leaves the
28employ of the school district.
299A. Beginning July 1, 2007, each school district shall have
30a qualified guidance counselor who shall be licensed by the
31board of educational examiners under chapter 272 subchapter
32VII, part 3. Each school district shall work toward the
33goal of having one qualified guidance counselor for every
34three hundred fifty students enrolled in the school district.
35The state board shall establish in rule a definition of and
-1398-1standards for an articulated sequential kindergarten through
2grade twelve guidance and counseling program.
39B. Beginning July 1, 2007, each school district shall have
4a school nurse to provide health services to its students.
5Each school district shall work toward the goal of having one
6school nurse for every seven hundred fifty students enrolled in
7the school district. For purposes of this subsection, “school
8nurse” means a person who holds an endorsement or a statement of
9professional recognition for school nurses issued by the board
10of educational examiners under chapter 272 subchapter VII, part
113.
12 Sec. 2551. Section 256.11, subsection 17, paragraph a,
13subparagraph (1), subparagraph division (a), Code 2023, is
14amended to read as follows:
15(a) The school district or accredited nonpublic school
16makes every reasonable and good faith effort to employ a
17teacher licensed under chapter 272 subchapter VII, part 3, for
18the specified subject and is unable to employ such a teacher.
19 Sec. 2552. Section 256.11, subsection 17, paragraph c,
20subparagraphs (1) and (3), Code 2023, are amended to read as
21follows:
22(1) An online learning platform if the course is developed
23by the school district or accredited nonpublic school itself
24or is developed by a partnership or consortium of schools
25that have developed the course individually or cooperatively,
26provided the course is taught and supervised by a teacher
27licensed under chapter 272 subchapter VII, part 3, who has
28online learning experience and the course content meets the
29requirements established by rule pursuant to section 256.7,
30subsection 32, paragraph “c”. A partnership or consortium of
31schools may include two or more school districts or accredited
32nonpublic schools, or any combination thereof.
33(3) An online learning platform offered, subject to the
34initial availability of federal funds, by the department in
35collaboration with one or more area education agencies or in
-1399-1partnership with school districts and accredited nonpublic
2schools. The online learning platform may deliver distance
3education to students, including students receiving competent
4private instruction under chapter 299A, provided such students
5register with the school district of residence and the
6coursework offered by the online learning platform is taught
7and supervised by a teacher licensed under chapter 272
8subchapter VII, part 3, who has online learning experience and
9the course content meets the requirements established by rule
10pursuant to section 256.7, subsection 32, paragraph “c”. The
11department and the area education agencies operating online
12learning programs pursuant to section 273.16 shall coordinate
13to ensure the most effective use of resources and delivery
14of services. Federal funds, if available, may be used to
15offset what would otherwise be costs to school districts for
16participation in the program.
17 Sec. 2553. Section 256.16, subsection 2, Code 2023, is
18amended to read as follows:
192. A person initially applying for a license shall
20successfully complete a practitioner preparation program
21approved under section 256.7, subsection 3, and containing the
22subject matter specified in this section, before the initial
23action by the board of educational examiners under chapter 272
24subchapter VII, part 3, takes place.
25 Sec. 2554. Section 256.41, subsection 2, Code 2023, is
26amended to read as follows:
272. Online learning curricula shall be provided and
28supervised by a teacher licensed under chapter 272 subchapter
29VII, part 3.
30 Sec. 2555. Section 256.43, subsection 1, paragraph d, Code
312023, is amended to read as follows:
32d. High-quality online instruction taught by teachers
33licensed under chapter 272 subchapter VII, part 3.
34 Sec. 2556. Section 256.43, subsection 2, paragraph a, Code
352023, is amended to read as follows:
-1400- 1a. At the discretion of the school board or authorities in
2charge of an accredited nonpublic school, after consideration
3of circumstances created by necessity, convenience, and
4cost-effectiveness, courses developed by private providers may
5be utilized by the school district or school in implementing a
6high-quality online learning program. Courses obtained from
7private providers shall be taught by teachers licensed under
8chapter 272 subchapter VII, part 3.
9 Sec. 2557. Section 256.43, subsection 3, Code 2023, is
10amended to read as follows:
113. Grading. Grades in online courses shall be based,
12at a minimum, on whether a student mastered the subject,
13demonstrated competency, and met the standards established
14by the school district. Grades shall be conferred only by
15teachers licensed under chapter 272 subchapter VII, part 3.
16 Sec. 2558. Section 256C.3, subsection 2, paragraph a,
17subparagraph (2), Code 2023, is amended to read as follows:
18(2) The individual is appropriately licensed under chapter
19272 256, subchapter VII, part 3, and meets requirements under
20chapter 284.
21 Sec. 2559. Section 256E.7, subsection 4, paragraph b,
22subparagraphs (1), (2), and (3), Code 2023, are amended to read
23as follows:
24(1) An administrator who holds a valid license under chapter
25272 256, subchapter VII, part 3.
26(2) A teacher who holds a valid license under chapter 272
27 256, subchapter VII, part 3.
28(3) An individual who holds an authorization to be a
29charter school administrator issued by the board of educational
30examiners under chapter 272 256, subchapter VII, part 3. The
31board of educational examiners shall adopt rules for the
32issuance of such authorizations not later than December 31,
332021, and such authorizations shall only be valid for service
34or employment as a charter school administrator.
35 Sec. 2560. Section 257.11, subsection 3, paragraph c,
-1401-1subparagraph (1), Code 2023, is amended to read as follows:
2(1) The school district has made every reasonable and good
3faith effort to employ a teacher licensed under chapter 272
4 256, subchapter VII, part 3, for the science or mathematics
5unit, as applicable, and is unable to employ such a teacher.
6For purposes of this paragraph “c”, “good faith effort” means
7the same as defined in section 279.19A, subsection 9.
8 Sec. 2561. Section 260C.48, subsection 1, paragraph a,
9subparagraph (2), Code 2023, is amended to read as follows:
10(2) For purposes of subparagraph (1), subparagraph
11divisions (b) and (c), if the instructor is a licensed
12practitioner who holds a career and technical endorsement
13under chapter 272 256, subchapter VII, part 3, relevant work
14experience in the occupational area includes but is not limited
15to classroom instruction in a career and technical education
16subject area offered by a school district or accredited
17nonpublic school.
18 Sec. 2562. Section 261.1, subsection 2, paragraph d,
19subparagraph (5), Code 2023, is amended to read as follows:
20(5) One member shall represent practitioners licensed under
21chapter 272 256, subchapter VII, part 3. When appointing
22this member, the governor shall give careful consideration to
23any person nominated by an Iowa teacher association or other
24education stakeholder organization.
25 Sec. 2563. Section 261E.4, subsection 3, Code 2023, is
26amended to read as follows:
273. A school district shall ensure that advanced placement
28course teachers or instructors are appropriately licensed
29by the board of educational examiners in accordance with
30chapter 272 256, subchapter VII, part 3, and meet the minimum
31certification requirements of the national organization that
32administers the advanced placement program.
33 Sec. 2564. Section 261H.2, subsection 3, paragraph b, Code
342023, is amended to read as follows:
35b. If it is determined, after exhaustion of all available
-1402-1administrative and judicial appeals, that a faculty member
2knowingly and intentionally restricts the protected speech or
3otherwise penalizes a student in violation of this subsection,
4the faculty member shall be subject to discipline by the
5institution through the normal disciplinary processes of the
6institution, and such discipline may include termination
7depending on the totality of the facts. If the faculty member
8is licensed by the board of educational examiners under chapter
9272 256, subchapter VII, part 3, the board of educational
10examiners shall conduct a hearing pursuant to section 272.13,
11and the faculty member may be subject to disciplinary action
12by the board.
13 Sec. 2565. Section 272.1, Code 2023, is amended to read as
14follows:
15272.1 Definitions.
16As used in this part, unless the context otherwise requires:
171. “Administrator” means a person who is licensed to
18coordinate, supervise, or direct an educational program or the
19activities of other practitioners.
202. “Board” means the board of educational examiners.
213. “Certificate” means limited recognition to perform
22instruction and instruction-related duties in school, other
23than those duties for which practitioners are licensed. A
24certificate is nonexclusive recognition and does not confer the
25exclusive authority of a license.
264. “Department” means the state department of education.
275. 4. “License” means the authority that is given to allow
28a person to legally serve as a practitioner, a school, an
29institution, or a course of study to legally offer professional
30development programs, other than those programs offered by
31practitioner preparation schools, institutions, courses of
32study, or area education agencies. A license is the exclusive
33authority to perform these functions.
346. 5. “Offense directly relates” refers to either of the
35following:
-1403- 1a. The actions taken in furtherance of an offense are
2actions customarily performed within the scope of practice of
3a licensed profession.
4b. The circumstances under which an offense was committed
5are circumstances customary to a licensed profession.
67. 6. “Para-educator” means a person who is certified to
7assist a teacher in the performance of instructional tasks to
8support and assist classroom instruction and related school
9activities.
108. 7. “Practitioner” means an administrator, teacher,
11or other licensed professional, including an individual who
12holds a statement of professional recognition, who provides
13educational assistance to students.
149. 8. “Practitioner preparation program” means a program
15approved by the state board of education which prepares a
16person to obtain a license as a practitioner.
1710. 9. “Principal” means a licensed member of a school’s
18instructional staff who serves as an instructional leader,
19coordinates the process and substance of educational and
20instructional programs, coordinates the budget of the school,
21provides formative evaluation for all practitioners and other
22persons in the school, recommends or has effective authority
23to appoint, assign, promote, or transfer personnel in a school
24building, implements the local school board’s policy in a
25manner consistent with professional practice and ethics, and
26assists in the development and supervision of a school’s
27student activities program.
2811. 10. “Professional development program” means a course or
29program which is offered by a person or agency for the purpose
30of providing continuing education for the renewal or upgrading
31of a practitioner’s license.
3212. 11. “School” means a school under section 280.2, an
33area education agency, and a school operated by a state agency
34for special purposes.
3513. 12. “School administration manager” means a person
-1404-1who is authorized to assist a school principal in performing
2noninstructional administrative duties.
314. 13. “School service personnel” means those persons
4holding a practitioner’s license who provide support services
5for a student enrolled in school or to practitioners employed
6in a school.
715. 14. “Student” means a person who is enrolled in
8a course of study at a school or practitioner preparation
9program, or who is receiving direct or indirect assistance from
10a practitioner.
1116. 15. “Superintendent” means an administrator
12who promotes, demotes, transfers, assigns, or evaluates
13practitioners or other personnel, and carries out the policies
14of a governing board in a manner consistent with professional
15practice and ethics.
1617. 16. “Teacher” means a licensed member of a school’s
17instructional staff who diagnoses, prescribes, evaluates,
18and directs student learning in a manner which is consistent
19with professional practice and school objectives, shares
20responsibility for the development of an instructional program
21and any coordinating activities, evaluates or assesses student
22progress before and after instruction, and who uses the student
23evaluation or assessment information to promote additional
24student learning.
2518. 17. “Work-based learning program supervisor” means a
26person who is certified pursuant to section 272.16 to supervise
27students’ opportunities and experiences related to workplace
28tours, job shadowing, rotations, mentoring, entrepreneurship,
29service learning, internships, and apprenticeships.
30 Sec. 2566. Section 272.2, unnumbered paragraph 1, Code
312023, is amended to read as follows:
32The board of educational examiners is created within the
33higher education division of the department of education to
34exercise the exclusive authority to:
35 Sec. 2567. Section 272.2, subsection 1, paragraph a, Code
-1405-12023, is amended to read as follows:
2a. License practitioners, which includes the authority to
3establish do all of the following:
4(1) Establishcriteria for the licenses; establish.
5(2) Establishissuance and renewal requirements, provided
6that a continuing education requirement may be completed by
7electronic means; create.
8(3) Createapplication and renewal forms; create.
9(4) Createlicenses that authorize different instructional
10functions or specialties; develop.
11(5) Developa code of professional rights and
12responsibilities, practices, and ethics, which shall, among
13other things, address the all of the following:
14(a) Thefailure of a practitioner to fulfill contractual
15obligations under section 279.13, the. In addressing the
16failure of a practitioner to fulfill contractual obligations,
17the board shall consider factors beyond the practitioner’s
18control.
19(b) Thefailure of an administrator to protect the safety of
20staff and students, the.
21(c) Thefailure of an administrator to meet mandatory
22reporter obligations, the.
23(d) Therefusal of a practitioner to implement provisions of
24an individualized education program or behavioral intervention
25plan, and habitual.
26(e) Habitualnonparticipation in professional development;
27and develop.
28(f) The development ofany other classifications,
29distinctions, and procedures which may be necessary to exercise
30licensing duties. In addressing the failure of a practitioner
31to fulfill contractual obligations, the board shall consider
32factors beyond the practitioner’s control.
33 Sec. 2568. Section 272.2, subsections 4 and 24, Code 2023,
34are amended to read as follows:
354. Enforce rules adopted by the board through revocation
-1406-1or suspension of a license, or by other disciplinary action
2against a practitioner or professional development program
3licensed by the board of educational examiners. The
4board shall designate who may or shall initiate a licensee
5disciplinary investigation and a licensee disciplinary
6proceeding, and who shall prosecute a disciplinary proceeding
7and under what conditions, and shall state the procedures for
8review by the board of findings of fact if a majority of the
9board does not hear the disciplinary proceeding. However, in a
10case alleging failure of a practitioner to fulfill contractual
11obligations, the person who files a complaint with the board,
12or the complainant’s designee, shall represent the complainant
13in a disciplinary hearing conducted in accordance with this
14chapter part.
1524. By August 1, 2021, adopt rules pursuant to chapter 17A,
16developed in consultation with the department, establishing a
17statement of professional recognition for behavior analysts
18licensed under chapter 154D.
19 Sec. 2569. Section 272.2, subsection 7, Code 2023, is
20amended by striking the subsection.
21 Sec. 2570. Section 272.2, subsection 14, paragraph d, Code
222023, is amended to read as follows:
23d. An applicant for a license or certificate under this
24chapter part shall demonstrate that the requirements of
25the license or certificate have been met and the burden of
26proof shall be on the applicant. However, if the executive
27director of the board receives notice from the director of the
28department of education under section 256.9, subsection 17,
29that an error in the basic education data survey submission
30resulted in an incorrect determination relating to licensure
31of a practitioner, the executive director shall initiate
32corrective action with the board and the findings of the
33director of the department of education shall be sufficient
34evidence to correct such error.
35 Sec. 2571. Section 272.3, subsection 1, unnumbered
-1407-1paragraph 1, Code 2023, is amended to read as follows:
2The board of educational examiners consists of twelve
3members. Two must shall be members of the general public, one
4must shall be the director of the department of education or
5the director’s designee, and the remaining nine members must
6 shall be licensed practitioners. One of the public members
7shall have served on a school board. The public members shall
8never have held a practitioner’s license, but shall have a
9demonstrated interest in education. The nine practitioners
10shall be selected from the following areas and specialties of
11the teaching profession:
12 Sec. 2572. Section 272.3, subsection 2, Code 2023, is
13amended to read as follows:
142. A majority of the licensed practitioner members shall
15be nonadministrative practitioners. Four of the members shall
16be administrators. Membership of the board shall comply with
17the requirements of sections 69.16 and 69.16A. A quorum of
18the board shall consist of six members. Members shall elect a
19chairperson of the board. Members, except for the director of
20the department of education or the director’s designee, shall
21be appointed by the governor subject to confirmation by the
22senate.
23 Sec. 2573. Section 272.4, subsection 1, unnumbered
24paragraph 1, Code 2023, is amended to read as follows:
25Members, except for the director of the department of
26education or the director’s designee, shall be appointed to
27serve staggered terms of four years. A member shall not serve
28more than two consecutive terms, except for the director of the
29department of education or the director’s designee, who shall
30serve until the director’s term of office expires. A member of
31the board, except for the two public members and the director
32of the department of education or the director’s designee,
33shall hold a valid practitioner’s license during the member’s
34term of office. A vacancy exists when any of the following
35occur:
-1408-1 Sec. 2574. Section 272.5, subsection 2, Code 2023, is
2amended to read as follows:
32. The governor director shall appoint an executive
4director of the board of educational examiners subject to
5confirmation by the senate. The executive director shall
6possess a background in education licensure and administrative
7experience and shall serve at the pleasure of the governor.
8The board of educational examiners director shall set the
9salary of the executive director within the range established
10for the position by the general assembly.
11 Sec. 2575. Section 272.9, subsection 1, Code 2023, is
12amended to read as follows:
131. A certificate which was issued by the board of
14educational examiners to a practitioner before July 1, 1989,
15continues to be in force as long as the certificate complies
16with the rules and statutes in effect on July 1, 1989.
17Requirements for the renewal of licenses, under this chapter
18 part, do not apply retroactively to renewal of certificates.
19However, this section does not limit the duties or powers of
20a school board to select or discharge practitioners or to
21terminate practitioners’ contracts.
22 Sec. 2576. Section 272.9A, subsection 3, Code 2023, is
23amended to read as follows:
243. An administrator formerly employed by an accredited
25nonpublic school or formerly employed as an administrator in
26another state or country is exempt from the mentoring and
27induction requirement under subsection 1 if the administrator
28can document two years of successful administrator experience
29and meet or exceed the requirements contained in rules adopted
30pursuant to this chapter part for endorsement and licensure.
31However, if an administrator cannot document two years of
32successful administrator experience when hired by a school
33district, the administrator shall meet the requirements of
34subsection 1.
35 Sec. 2577. Section 272.10, subsections 1, 2, and 5, Code
-1409-12023, are amended to read as follows:
21. It is the intent of the general assembly that licensing
3fees established by the board of educational examiners be
4sufficient to finance the activities of the board under this
5chapter part.
62. Licensing fees are payable to the treasurer of state and
7shall be deposited with the executive director of the board.
8The executive director shall deposit twenty-five percent of
9the fees collected annually with the treasurer of state and
10the fees shall be credited to the general fund of the state.
11The remaining licensing fees collected during the fiscal year
12shall be retained by and are appropriated to the board for
13the purposes related to the board’s duties. Notwithstanding
14section 8.33, licensing fees retained by and appropriated to
15the board pursuant to this section that remain unencumbered or
16unobligated at the close of the fiscal year shall not revert
17but shall remain available for expenditure for the activities
18of the board as provided in this chapter part until the close
19of the succeeding fiscal year.
205. The fees established by the board for the administrative
21costs of processing complaints and conducting hearings pursuant
22to section 272.2, subsection 23, may include a fee for personal
23service by a sheriff, a fee for legal notice when placed in a
24newspaper, transcription service or court reporter fee, and
25other fees assessed as costs by the board. The fees collected
26annually in accordance with this subsection shall be retained
27by and are appropriated to the board for the purposes related
28to the board’s duties. Notwithstanding section 8.33, fees
29retained by and appropriated to the board pursuant to this
30subsection that remain unencumbered or unobligated at the close
31of the fiscal year shall not revert but shall remain available
32for expenditure for the activities of the board as provided
33in this chapter part until the close of the succeeding fiscal
34year.
35 Sec. 2578. Section 272.11, Code 2023, is amended to read as
-1410-1follows:
2272.11 Expenditures and refunds.
3Expenditures and refunds made by the board under this
4chapter part shall be certified by the executive director of
5the board to the director of the department of administrative
6services, and if found correct, the director of the department
7of administrative services shall approve the expenditures and
8refunds and draw warrants upon the treasurer of state from the
9funds appropriated for that purpose.
10 Sec. 2579. Section 272.12, Code 2023, is amended to read as
11follows:
12272.12 Para-educator certificates.
13The board of educational examiners shall adopt rules
14pursuant to chapter 17A relating to a voluntary certification
15system for para-educators. The rules shall specify rights,
16responsibilities, levels, and qualifications for the
17certificate. Applicants shall be disqualified for any reason
18specified in section 272.2, subsection 14, or in administrative
19rule. Notwithstanding section 272.2, subsection 14, paragraph
20“b”, subparagraph (2), the board may issue a para-educator
21certificate to a person who is at least eighteen years of age.
22A person holding a para-educator certificate shall not perform
23the duties of a licensed practitioner. A certificate issued
24pursuant to this chapter part shall not be considered a teacher
25or administrator license for any purpose specified by law,
26including the purposes specified under this chapter part or
27chapter 279.
28 Sec. 2580. Section 272.15, subsections 2 and 4, Code 2023,
29are amended to read as follows:
302. If, in the course of performing official duties, an
31employee of the department becomes aware of any alleged
32misconduct by an individual licensed under this chapter part,
33the employee shall report the alleged misconduct to the board
34of educational examiners under rules adopted pursuant to
35subsection 1.
-1411- 14. If the executive director of the board verifies through
2a review of official records that a teacher who holds a
3practitioner’s license under this chapter part is assigned
4instructional duties for which the teacher does not hold the
5appropriate license or endorsement, either by grade level or
6subject area, by a school district or accredited nonpublic
7school, the executive director may initiate a complaint
8against the teacher and the administrator responsible for the
9inappropriate assignment of instructional duties.
10 Sec. 2581. Section 272.16, subsections 1, 2, and 3, Code
112023, are amended to read as follows:
121. The board of educational examiners shall adopt rules
13pursuant to chapter 17A relating to a certification system
14for work-based learning program supervisors. The rules shall
15specify rights, responsibilities, levels, and qualifications
16for the certificate. The certificate shall not require more
17than fifteen contact hours, which shall be available over
18the internet and which shall provide instruction related to
19fundamentals in career education, curriculum, assessment, and
20the evaluation of student participation.
212. Applicants shall be disqualified for any reason
22specified in section 272.2, subsection 14, or in rules adopted
23by the board of educational examiners.
243. A certificate issued pursuant to this section shall
25not be considered a teacher or administrator license for any
26purpose specified by law, including the purposes specified
27under this chapter part or chapter 279.
28 Sec. 2582. Section 272.20, Code 2023, is amended to read as
29follows:
30272.20 National certification.
31The board of educational examiners shall review the
32standards for teacher’s certificates adopted by the national
33board for professional teaching standards, a nonprofit
34corporation created as a result of recommendations of the
35task force on teaching as a profession of the Carnegie
-1412-1forum on education and the economy. In those cases in
2which the standards required by the national board for an
3Iowa endorsement or license meet or exceed the requirements
4contained in rules adopted under this chapter part for that
5endorsement or license, the board of educational examiners
6 shall issue endorsements or licenses to holders of certificates
7issued by the national board who request the endorsement or
8license.
9 Sec. 2583. Section 272.28, subsection 2, Code 2023, is
10amended to read as follows:
112. A teacher from an accredited nonpublic school or another
12state or country is exempt from the requirement of subsection 1
13if the teacher can document three years of successful teaching
14experience and meet or exceed the requirements contained in
15rules adopted under this chapter part for endorsement and
16licensure.
17 Sec. 2584. Section 272.29, Code 2023, is amended to read as
18follows:
19272.29 Annual administrative rules review — triennial
20report.
21The executive director of the board shall annually review
22the administrative rules adopted pursuant to this chapter part
23 and related state laws. The executive director shall submit
24the executive director’s findings and recommendations in a
25report every three years to the board and the general assembly
26by January 15.
27 Sec. 2585. Section 272C.15, subsection 1, Code 2023, is
28amended to read as follows:
291. Notwithstanding any other provision of law to the
30contrary, except for chapter 272 256, subchapter VII, part 3, a
31person’s conviction of a crime may be grounds for the denial,
32revocation, or suspension of a license only if an unreasonable
33risk to public safety exists because the offense directly
34relates to the duties and responsibilities of the profession
35and the appropriate licensing board, agency, or department does
-1413-1not grant an exception pursuant to subsection 4.
2 Sec. 2586. Section 273.3, subsections 11 and 25, Code 2023,
3are amended to read as follows:
411. Employ personnel to carry out the functions of the
5area education agency which shall include the employment of an
6administrator who shall possess a license issued under chapter
7272 256, subchapter VII, part 3. The administrator shall
8be employed pursuant to section 279.20 and sections 279.23,
9279.24, and 279.25. The salary for an area education agency
10administrator shall be established by the board based upon
11the previous experience and education of the administrator.
12Section 279.13 applies to the area education agency board
13and to all teachers employed by the area education agency.
14Sections 279.23, 279.24, and 279.25 apply to the area education
15board and to all administrators employed by the area education
16agency. Section 279.69 applies to the area education agency
17board and employees of the board, including part-time,
18substitute, or contract employees, who provide services to a
19school or school district.
2025. Require, by July 1, 2024, any person employed by
21the area education agency who holds a license, certificate,
22statement of recognition, or authorization other than a
23coaching authorization, issued by the board of educational
24examiners under chapter 272 256, subchapter VII, part 3, to
25complete the Iowa reading research center dyslexia overview
26module. Such persons employed after July 1, 2024, shall
27complete the module within one year of the employee’s initial
28date of hire.
29 Sec. 2587. Section 279.13, subsection 1, paragraph b,
30subparagraph (1), Code 2023, is amended to read as follows:
31(1) Prior to entering into an initial contract with a
32teacher who holds a license other than an initial license
33issued by the board of educational examiners under chapter 272
34 256, subchapter VII, part 3, the school district shall initiate
35a state criminal history record check of the applicant through
-1414-1the division of criminal investigation of the department of
2public safety, submit the applicant’s fingerprints to the
3division for submission to the federal bureau of investigation
4for a national criminal history record check, and review the
5sex offender registry information under section 692A.121
6available to the general public, the central registry for
7child abuse information established under section 235A.14, and
8the central registry for dependent adult abuse information
9established under section 235B.5 for information regarding the
10applicant for employment as a teacher.
11 Sec. 2588. Section 279.19B, subsection 1, paragraph a,
12unnumbered paragraph 1, Code 2023, is amended to read as
13follows:
14The board of directors of a school district may employ for
15head coach of any interscholastic athletic activities or for
16assistant coach of any interscholastic athletic activity, an
17individual who possesses a coaching authorization issued by the
18board of educational examiners or possesses a teaching license
19with a coaching endorsement issued pursuant to chapter 272 256,
20subchapter VII, part 3. However, a board of directors of a
21school district shall consider applicants with qualifications
22described below, in the following order of priority:
23 Sec. 2589. Section 279.50A, subsection 1, paragraph a, Code
242023, is amended to read as follows:
25a. The school district has made every reasonable and
26good faith effort to employ a teacher licensed under chapter
27272 256, subchapter VII, part 3, for the unit of science or
28mathematics, as applicable, and is unable to employ such a
29teacher. For purposes of this subsection, “good faith effort”
30means the same as defined in section 279.19A, subsection 9.
31 Sec. 2590. Section 279.72, Code 2023, is amended to read as
32follows:
33279.72 Training on dyslexia.
34By July 1, 2024, the board of directors of a school
35district shall require all persons employed by the school
-1415-1district who hold a teaching license with an endorsement
2for prekindergarten, prekindergarten or elementary special
3education, or prekindergarten through grade three levels
4issued under chapter 272 256, subchapter VII, part 3, all
5practitioners and paraprofessionals assigned as Title I
6teachers and Title I paraprofessionals under the federal Every
7Student Succeeds Act, Pub.L. No.114-95, and all practitioners
8endorsed to teach English as a second language to complete the
9Iowa reading research center dyslexia overview module. Such
10persons employed by the school district after July 1, 2024,
11shall complete the module within one year of the employee’s
12initial date of hire.
13 Sec. 2591. Section 279.73, subsection 2, Code 2023, is
14amended to read as follows:
152. If the board of directors of the school district or
16a court finds that an employee of the school district who
17holds a license, certificate, statement of recognition, or
18authorization issued by the board of educational examiners
19under chapter 272 256, subchapter VII, part 3, discriminated
20against a student or employee in violation of this section,
21the employee found to be in violation under this section shall
22be subject to a hearing conducted by the board of educational
23examiners pursuant to section 272.2, subsection 14, which may
24result in disciplinary action and the employee’s employment may
25be terminated.
26 Sec. 2592. Section 284.2, subsections 1, 7, and 11, Code
272023, are amended to read as follows:
281. “Beginning teacher” means an individual serving under
29an initial or intern license, issued under chapter 272 256,
30subchapter VII, part 3, who is assuming a position as a
31teacher. “Beginning teacher” includes an individual who is
32an initial teacher. For purposes of the beginning teacher
33mentoring and induction program created pursuant to section
34284.5, “beginning teacher” also includes preschool teachers
35who are licensed under chapter 272 256, subchapter VII, part
-1416-13, and are employed by a school district or area education
2agency. “Beginning teacher” does not include a teacher whose
3employment with a school district or area education agency is
4probationary unless the teacher is serving under an initial or
5teacher intern license issued under chapter 272 256, subchapter
6VII, part 3.
77. “Mentor” means an individual employed by a school
8district or area education agency as a teacher or a retired
9teacher who holds a valid license issued under chapter 272 256,
10subchapter VII, part 3. The individual must have a record of
11three years of successful teaching practice, must be employed
12on a nonprobationary basis, and must demonstrate professional
13commitment to both the improvement of teaching and learning and
14the development of beginning teachers.
1511. “Teacher” means an individual who holds a practitioner’s
16license issued under chapter 272 256, subchapter VII, part
173, or a statement of professional recognition issued under
18chapter 272 256, subchapter VII, part 3, who is employed in
19a nonadministrative position by a school district or area
20education agency pursuant to a contract issued by a board of
21directors under section 279.13. A teacher may be employed in
22both an administrative and a nonadministrative position by a
23board of directors and shall be considered a part-time teacher
24for the portion of time that the teacher is employed in a
25nonadministrative position.
26 Sec. 2593. Section 284.10, subsection 2, Code 2023, is
27amended to read as follows:
282. An administrator licensed under chapter 272 256,
29subchapter VII, part 3, who conducts evaluations of teachers
30for purposes of this chapter shall complete the evaluator
31training program. A practitioner licensed under chapter 272
32 256, subchapter VII, part 3, who is not an administrator
33may enroll in the evaluator training program. Enrollment
34preference shall be given to administrators. Upon successful
35completion, the provider shall certify that the administrator
-1417-1or other practitioner is qualified to conduct evaluations
2for employment, make recommendations for licensure, and make
3recommendations that a teacher is qualified to advance from one
4career path level to the next career path level pursuant to
5this chapter. Certification is for a period of five years and
6may be renewed.
7 Sec. 2594. Section 284.15, subsection 2, paragraph a,
8subparagraph (1), Code 2023, is amended to read as follows:
9(1) The salary for an initial teacher who has successfully
10completed an approved practitioner preparation program as
11defined in section 272.1 or holds an initial or intern teacher
12license issued under chapter 272 256, subchapter VII, part 3,
13 shall be at least thirty-three thousand five hundred dollars,
14which shall also constitute the minimum salary for an Iowa
15teacher.
16 Sec. 2595. Section 284.15, subsection 2, paragraph b,
17unnumbered paragraph 1, Code 2023, is amended to read as
18follows:
19A career teacher is a teacher who holds a statement of
20professional recognition issued under chapter 272 256,
21subchapter VII, part 3, or who meets all of the following
22requirements:
23 Sec. 2596. Section 284.15, subsection 2, paragraph b,
24subparagraph (2), Code 2023, is amended to read as follows:
25(2) Holds a valid license issued under chapter 272 256,
26subchapter VII, part 3.
27 Sec. 2597. Section 284.15, subsection 2, paragraphs d and e,
28Code 2023, are amended to read as follows:
29d. Mentor teacher. A mentor teacher is a teacher who
30is evaluated by the school district as demonstrating the
31competencies and superior teaching skills of a mentor teacher,
32and has been recommended for a one-year assignment as a mentor
33teacher by a site-based review council appointed pursuant to
34subsection 4. In addition, a mentor teacher shall hold a
35valid license issued under chapter 272 256, subchapter VII,
-1418-1part 3, participate in teacher professional development as
2outlined in this chapter, demonstrate continuous improvement in
3teaching, and possess the skills and qualifications to assume
4leadership roles. A mentor teacher shall have a teaching load
5of not more than seventy-five percent student instruction to
6allow the teacher to mentor other teachers. A school district
7shall designate at least ten percent of its teachers as mentor
8teachers, though the district may enter into an agreement with
9one or more other districts or an area education agency to meet
10this requirement through a collaborative arrangement. The
11terms of the teaching contracts issued under section 279.13 to
12mentor teachers shall exceed by ten days the terms of teaching
13contracts issued under section 279.13 to career teachers, and
14the ten additional contract days shall be used to strengthen
15instructional leadership in accordance with this subsection. A
16mentor teacher shall receive annually a salary supplement of
17at least five thousand dollars.
18e. Lead teacher. A lead teacher is a teacher who holds a
19valid license issued under chapter 272 256, subchapter VII,
20part 3, and has been recommended for a one-year assignment
21as a lead teacher by a site-based review council appointed
22pursuant to subsection 4. The recommendation from the council
23must assert that the teacher possesses superior teaching
24skills and the ability to lead adult learners. A lead
25teacher shall assume leadership roles that may include but
26are not limited to the planning and delivery of professional
27development activities designed to improve instructional
28strategies; the facilitation of an instructional leadership
29team within the lead teacher’s building, school district, or
30other school districts; the mentoring of other teachers; and
31participation in the evaluation of student teachers. A lead
32teacher shall have a teaching load of not more than fifty
33percent student instruction to allow the lead teacher to spend
34time on co-teaching; co-planning; peer reviews; observing
35career teachers, model teachers, and mentor teachers; and other
-1419-1duties mutually agreed upon by the superintendent and the lead
2teacher. A school district shall designate at least five
3percent of its teachers as lead teachers, though the district
4may enter into an agreement with one or more other districts
5or an area education agency to meet this requirement through a
6collaborative arrangement. The terms of the teaching contracts
7issued under section 279.13 to lead teachers shall exceed by
8fifteen days the terms of teaching contracts issued under
9section 279.13 to career teachers, and the fifteen additional
10contract days shall be used to strengthen instructional
11leadership in accordance with this subsection. A lead teacher
12shall receive annually a salary supplement of at least ten
13thousand dollars.
14 Sec. 2598. Section 284.16, subsection 1, paragraph a,
15subparagraphs (1) and (2), Code 2023, are amended to read as
16follows:
17(1) Has successfully completed an approved practitioner
18preparation program as defined in section 272.1 or holds an
19intern teacher license issued under chapter 272 256, subchapter
20VII, part 3.
21(2) Holds an initial or intern teacher license issued under
22chapter 272 256, subchapter VII, part 3.
23 Sec. 2599. Section 284.16, subsection 1, paragraph b,
24unnumbered paragraph 1, Code 2023, is amended to read as
25follows:
26A career teacher is a teacher who holds a statement
27of professional recognition issued under chapter 272
28 256, subchapter VII, part 3, or who meets the following
29requirements:
30 Sec. 2600. Section 284.16, subsection 1, paragraph b,
31subparagraph (3), Code 2023, is amended to read as follows:
32(3) Holds a valid license issued under chapter 272 256,
33subchapter VII, part 3.
34 Sec. 2601. Section 284A.2, subsections 1, 2, and 7, Code
352023, are amended to read as follows:
-1420- 11. “Administrator” means an individual holding a
2professional administrator license issued under chapter 272
3 256, subchapter VII, part 3, who is employed in a school
4district administrative position by a school district or area
5education agency pursuant to a contract issued by a board of
6directors under section 279.23 and is engaged in instructional
7leadership. An administrator may be employed in both an
8administrative and a nonadministrative position by a board of
9directors and shall be considered a part-time administrator
10for the portion of time that the individual is employed in an
11administrative position.
122. “Beginning administrator” means an individual serving
13under an administrator license, issued by the board of
14educational examiners under chapter 272 256, subchapter VII,
15part 3, who is assuming a position as a school district
16principal or superintendent for the first time.
177. “Mentor” means an individual employed by a school
18district or area education agency as a school district
19administrator or a retired administrator who holds a valid
20license issued under chapter 272 256, subchapter VII, part 3.
21The individual must have a record of four years of successful
22administrative experience and must demonstrate professional
23commitment to both the improvement of teaching and learning and
24the development of beginning administrators.
25 Sec. 2602. Section 284A.6, subsection 2, Code 2023, is
26amended to read as follows:
272. In cooperation with the administrator’s evaluator, the
28administrator who has a professional administrator license
29issued by the board of educational examiners pursuant to
30chapter 272 256, subchapter VII, part 3, and is employed
31by a school district or area education agency in a school
32district administrative position shall develop an individual
33administrator professional development plan. The purpose
34of the plan is to promote individual and group professional
35development. The individual plan shall be based, at a minimum,
-1421-1on the needs of the administrator, the Iowa standards for
2school administrators adopted pursuant to section 256.7,
3subsection 27, and the student achievement goals of the
4attendance center and the school district as outlined in the
5comprehensive school improvement plan.
6 Sec. 2603. Section 284A.7, Code 2023, is amended to read as
7follows:
8284A.7 Evaluation requirements for administrators.
9A school district shall conduct an annual evaluation of an
10administrator who holds a professional administrator license
11issued under chapter 272 256, subchapter VII, part 3, for
12purposes of assisting the administrator in making continuous
13improvement, documenting continued competence in the Iowa
14standards for school administrators adopted pursuant to
15section 256.7, subsection 27, or to determine whether the
16administrator’s practice meets school district expectations.
17The evaluation shall include, at a minimum, an assessment of
18the administrator’s competence in meeting the Iowa standards
19for school administrators and the goals of the administrator’s
20individual professional development plan, including supporting
21documentation or artifacts aligned to the Iowa standards for
22school administrators and the individual administrator’s
23professional development plan.
24 Sec. 2604. Section 299A.2, Code 2023, is amended to read as
25follows:
26299A.2 Competent private instruction by licensed
27practitioner.
28If a licensed practitioner provides competent instruction
29to a school-age child, the practitioner shall possess a valid
30license or certificate which has been issued by the state board
31of educational examiners under chapter 272 256, subchapter VII,
32part 3, and which is appropriate to the ages and grade levels
33of the children to be taught. Competent private instruction
34may include but is not limited to a home school assistance
35program which provides instruction or instructional supervision
-1422-1offered through an accredited nonpublic school or public school
2district by a teacher, who is employed by the accredited
3nonpublic school or public school district, who assists and
4supervises a parent, guardian, or legal custodian in providing
5instruction to a child. If competent private instruction is
6provided through a public school district, the child shall be
7enrolled and included in the basic enrollment of the school
8district as provided in section 257.6. Sections 299A.3 through
9299A.7 do not apply to competent private instruction provided
10by a licensed practitioner under this section. However, the
11reporting requirement contained in section 299A.3, subsection
121, shall apply to competent private instruction provided by
13licensed practitioners that is not part of a home school
14assistance program offered through an accredited nonpublic
15school or public school district.
16 Sec. 2605. Section 622.10, subsection 8, Code 2023, is
17amended to read as follows:
188. A qualified school guidance counselor, who is licensed
19by the board of educational examiners under chapter 272 256,
20subchapter VII, part 3, and who obtains information by reason
21of the counselor’s employment as a qualified school guidance
22counselor, shall not be allowed, in giving testimony, to
23disclose any confidential communications properly entrusted
24to the counselor by a pupil or the pupil’s parent or guardian
25in the counselor’s capacity as a qualified school guidance
26counselor and necessary and proper to enable the counselor to
27perform the counselor’s duties as a qualified school guidance
28counselor.
29 Sec. 2606. Section 709.15, subsection 1, paragraph g,
30subparagraph (1), subparagraph divisions (a) and (b), Code
312023, are amended to read as follows:
32(a) A person who holds a license, certificate, or statement
33of professional recognition issued under chapter 272 256,
34subchapter VII, part 3.
35(b) A person who holds an authorization issued under chapter
-1423-1272 256, subchapter VII, part 3.
2 Sec. 2607. Section 714.19, subsection 4, Code 2023, is
3amended to read as follows:
44. Private and nonprofit elementary or secondary schools
5recognized by the department of education or the board of
6directors of a school district for the purpose of complying
7with chapter 299 and employing teachers licensed under chapter
8272 256, subchapter VII, part 3.
9 Sec. 2608. CODE EDITOR DIRECTIVE.
101. The Code editor is directed to make the following
11transfers:
12a. Section 272.1 to section 256.145.
13b. Section 272.2 to section 256.146.
14c. Section 272.3 to section 256.147.
15d. Section 272.4 to section 256.148.
16e. Section 272.5 to section 256.149.
17f. Section 272.6 to section 256.150.
18g. Section 272.7 to section 256.151.
19h. Section 272.8 to section 256.152.
20i. Section 272.9 to section 256.153.
21j. Section 272.9A to section 256.154.
22k. Section 272.10 to section 256.155.
23l. Section 272.11 to section 256.156.
24m. Section 272.12 to section 256.157.
25n. Section 272.13 to section 256.158.
26o. Section 272.14 to section 256.159.
27p. Section 272.15 to section 256.160.
28q. Section 272.16 to section 256.161.
29r. Section 272.20 to section 256.162.
30s. Section 272.28 to section 256.163.
31t. Section 272.29 to section 256.164.
32u. Section 272.31 to section 256.165.
332. The Code editor shall correct internal references in the
34Code and in any enacted legislation as necessary due to the
35enactment of this section.
-1424- 13. The Code editor may designate sections 256.145 through
2256.165, as enacted in this division of this Act, as new part 3
3entitled “Board of Educational Examiners” within the subchapter
4entitled “Higher Education Division” as enacted by another
5division of this Act.
6 Sec. 2609. TRANSITION PROVISIONS.
71. Any license, certificate, or authorization issued by
8the board of education examiners pursuant to chapter 272 prior
9to the effective date of this division of this Act is valid
10and shall continue as provided in the terms of the license,
11certificate, or authorization.
122. Federal funds utilized by the board of educational
13examiners prior to the effective date of this division of this
14Act to employ personnel necessary for the administration of the
15board of educational examiners’ programs shall be applied to
16and be available for the transfer of such personnel from the
17board of educational examiners to the higher education division
18of the department of education.
19 Sec. 2610. APPLICABILITY. This division of this Act applies
20to individuals appointed as the executive director of the board
21of educational examiners before, on, or after the effective
22date of this division of this Act.
23COLLEGE STUDENT AID COMMISSION
24 Sec. 2611. Section 8A.504, subsection 1, paragraph d,
25subparagraph (2), Code 2023, is amended to read as follows:
26(2) An amount that is due because of a default on a loan
27under chapter 261 256, subchapter VII, part 4.
28 Sec. 2612. Section 8A.504, subsection 4, Code 2023, is
29amended to read as follows:
304. The director shall have the authority to enter into
31reciprocal agreements with the departments of revenue of other
32states that have enacted legislation that is substantially
33equivalent to the setoff procedure provided in this section for
34the recovery of an amount due because of a default on a loan
35under chapter 261 256, subchapter VII, part 4. A reciprocal
-1425-1agreement shall also be approved by the college student aid
2commission. The agreement shall authorize the department to
3provide by rule for the setoff of state income tax refunds
4or rebates of defaulters from states with which Iowa has a
5reciprocal agreement and to provide for sending lists of
6names of Iowa defaulters to the states with which Iowa has
7a reciprocal agreement for setoff of that state’s income tax
8refunds.
9 Sec. 2613. Section 261.1, subsection 1, Code 2023, is
10amended to read as follows:
111. There is hereby created within the higher education
12division of the department a commission to be known as the
13“College Student Aid Commission” of the state of Iowa.
14 Sec. 2614. Section 261.1, subsection 2, paragraphs a and b,
15Code 2023, are amended to read as follows:
16a. A member of the state board of regents to be named by the
17state board of regents, or the executive director of the state
18 board of regents if so appointed by the state board of regents,
19who shall serve for a four-year term or until the expiration
20of the member’s term of office.
21b. The director of the department of education or the
22director’s designee.
23 Sec. 2615. Section 261.1, subsection 4, paragraph a, Code
242023, is amended to read as follows:
25a. Vacancies on the commission shall be filled for the
26unexpired term of such vacancies, if applicable, in the same
27manner as the original appointment.
28 Sec. 2616. Section 261.1, Code 2023, is amended by adding
29the following new subsection:
30 NEW SUBSECTION. 5. The director shall appoint an executive
31director of the commission. The director shall set the salary
32of the executive director.
33 Sec. 2617. Section 261.2, subsection 2, Code 2023, is
34amended to read as follows:
352. Administer the tuition grant program under this chapter
-1426-1 part.
2 Sec. 2618. Section 261.3, Code 2023, is amended to read as
3follows:
4261.3 Organization — bylaws.
51. The commission is an autonomous state agency which is
6attached to the department of education for organizational
7purposes only.
82. 1. The commission, under the authority of the higher
9education division of the department, shall determine its
10own organization, draw up its own bylaws, adopt rules under
11chapter 17A, and do such other things as may be necessary
12and incidental in the administration of this chapter part,
13including the housing, employment, and fixing the compensation
14and bond of persons required to carry out its functions and
15responsibilities. A decision of the commission is final agency
16action under chapter 17A.
173. 2. The commission shall function at the seat of
18government or such other place as it the commission might
19designate.
20 Sec. 2619. Section 261.5, subsection 2, unnumbered
21paragraph 1, Code 2023, is amended to read as follows:
22Notwithstanding any other provision of this chapter part, in
23the event of a national emergency declared by the president of
24the United States by reason of terrorist attack, the commission
25may waive or modify any statutory or regulatory provision
26applicable to state financial aid programs established pursuant
27to this chapter part to ensure, with regard to affected
28individuals, that the following occurs:
29 Sec. 2620. Section 261.5, subsection 3, Code 2023, is
30amended to read as follows:
313. Notwithstanding any other provision of this chapter
32 part, in the event of a national emergency declared by the
33president of the United States by reason of terrorist attack,
34the commission may grant temporary relief from requirements
35rendered infeasible or unreasonable, including due diligence
-1427-1requirements and reporting deadlines, by the national
2emergency, to an institution of higher education under the
3state board of regents, a community college, an accredited
4private institution as defined in section 261.9, eligible
5lenders, and other entities participating in the state student
6assistance programs in accordance with this chapter part, that
7are located in, or whose operations are directly affected
8by, areas that are declared disaster areas by any federal,
9state, or local official in connection with the national
10emergency. If the commission issues a waiver in accordance
11with this section, the report prepared by the commission
12pursuant to section 17A.9A, subsection 5, shall include
13examples of measures that a postsecondary institution may take
14in the appropriate exercise of discretion, as provided in 20
15U.S.C. §1087tt, to adjust financial need and aid eligibility
16determinations for affected individuals.
17 Sec. 2621. Section 261.9, unnumbered paragraph 1, Code
182023, is amended to read as follows:
19When used in this subchapter subpart, unless the context
20otherwise requires:
21 Sec. 2622. Section 261.9, subsection 1, paragraph b, Code
222023, is amended to read as follows:
23b. Is accredited by the higher learning commission, is
24exempt from taxation under section 501(c)(3) of the Internal
25Revenue Code, and annually provides a matching aggregate amount
26of institutional financial aid equal to at least seventy-five
27percent of the amount received in a fiscal year by the
28institution’s students for Iowa tuition grant assistance under
29this chapter part. Commencing with the fiscal year beginning
30July 1, 2006, the matching aggregate amount of institutional
31financial aid shall increase by the percentage of increase each
32fiscal year of funds appropriated for Iowa tuition grants under
33section 261.25, subsection 1, to a maximum match of one hundred
34percent. The institution shall file annual reports with the
35commission prior to receipt of tuition grant moneys under this
-1428-1chapter part. An institution whose income is not exempt from
2taxation under section 501(c) of the Internal Revenue Code and
3whose students were eligible to receive Iowa tuition grant
4money in the fiscal year beginning July 1, 2003, shall meet the
5match requirements of this paragraph no later than June 30,
62005.
7 Sec. 2623. Section 261.9, subsection 8, Code 2023, is
8amended to read as follows:
98. “Tuition grant” means an award by the state of Iowa to a
10qualified student under this subchapter subpart.
11 Sec. 2624. Section 261.15, subsection 2, Code 2023, is
12amended to read as follows:
132. Adopt rules and regulations for determining financial
14need, defining tuition and mandatory fees, defining residence
15for the purposes of this subchapter subpart, processing and
16approving applications for tuition grants, and determining
17priority of grants. The commission may provide for proration
18of funds if the available funds are insufficient to pay all
19approved grants. Such proration shall take primary account of
20the financial need of the applicant. In determining who is a
21resident of Iowa, the commission’s rules shall be at least as
22restrictive as those of the board of regents.
23 Sec. 2625. Section 261.16A, subsection 7, Code 2023, is
24amended to read as follows:
257. Reports to commission. An eligible institution shall
26file annual reports with the commission, as required by the
27commission and under section 261.9, prior to receipt of tuition
28grant moneys under this chapter part.
29 Sec. 2626. Section 261.17, subsection 5, Code 2023, is
30amended to read as follows:
315. A vocational-technical tuition grant shall be awarded
32on an annual basis, requiring reapplication by the student for
33each year. Payments under the grant shall be allocated equally
34among the semesters or quarters of the year upon certification
35by the institution that the student is in full-time or
-1429-1part-time attendance in a vocational-technical or career option
2program, as defined under rules of the department of education.
3If the student discontinues attendance before the end of any
4term after receiving payment of the grant, the entire amount of
5any refund due that student, up to the amount of any payments
6made under the annual grant, shall be paid by the institution
7to the state.
8 Sec. 2627. Section 261.20, subsection 1, Code 2023, is
9amended to read as follows:
101. A scholarship and tuition grant reserve fund is created
11to assure that financial assistance will be available to all
12students who are awarded scholarships or tuition grants through
13programs funded under this chapter part. The fund is created
14as a separate fund in the state treasury, and moneys in the
15fund shall not revert to the general fund unless, and then
16only to the extent that, the funds exceed the maximum allowed
17balance.
18 Sec. 2628. Section 261.35, unnumbered paragraph 1, Code
192023, is amended to read as follows:
20As used in this subchapter subpart, unless the context
21otherwise requires:
22 Sec. 2629. Section 261.36, unnumbered paragraph 1, Code
232023, is amended to read as follows:
24The commission shall have necessary powers to carry out its
25purposes and duties under this subchapter subpart, including
26but not limited to the power to:
27 Sec. 2630. Section 261.37, unnumbered paragraph 1, Code
282023, is amended to read as follows:
29The duties of the commission under this subchapter subpart
30 shall be as follows:
31 Sec. 2631. Section 261.37, subsections 5 and 7, Code 2023,
32are amended to read as follows:
335. To adopt rules pursuant to chapter 17A to implement
34the provisions of this subchapter subpart, including
35establishing standards for educational institutions, lenders,
-1430-1and individuals to become eligible institutions, lenders, and
2borrowers. Notwithstanding any contrary provisions in chapter
3537, the rules and standards established shall be consistent
4with the requirements provided in the Higher Education Act of
51965.
67. To establish an effective system for the collection of
7delinquent loans, including the adoption of an agreement with
8the department of administrative services to set off against
9a defaulter’s income tax refund or rebate the amount that is
10due because of a default on a loan made under this subchapter
11 subpart. The commission shall adopt rules under chapter 17A
12necessary to assist the department of administrative services
13in the implementation of the student loan setoff program as
14established under section 8A.504. The commission shall apply
15administrative wage garnishment procedures authorized under the
16federal Higher Education Act of 1965, as amended and codified
17in 20 U.S.C. §1071 et seq., for all delinquent loans, including
18loans authorized under section 261.38, when a defaulter who is
19financially capable of paying fails to voluntarily enter into a
20reasonable payment agreement. In no case shall the commission
21garnish more than the amount authorized by federal law for
22all loans being collected by the commission, including those
23authorized under section 261.38.
24 Sec. 2632. Section 261.42, Code 2023, is amended to read as
25follows:
26261.42 Short title.
27This subchapter subpart shall be known and may be cited as
28the “Iowa Guaranteed Loan Program”.
29 Sec. 2633. Section 261.43A, Code 2023, is amended to read
30as follows:
31261.43A Security interest in education loans.
32A nonprofit organization qualifying for tax-exempt status
33under the Internal Revenue Code, as defined in section 422.3,
34that provides or acquires education loans in the organization’s
35normal course of business shall, notwithstanding any contrary
-1431-1provision of chapter 554 or other state law, establish and
2perfect a security interest and establish priority over other
3security interests in such education loans by filing in the
4same manner as provided for perfecting a security interest in
5a student loan pursuant to 20 U.S.C. §1082(m)(1)(E). This
6section applies to education loans provided under this chapter
7 part by such nonprofit organizations and other education loans
8provided by such nonprofit organizations.
9 Sec. 2634. Section 261.87, subsection 1, unnumbered
10paragraph 1, Code 2023, is amended to read as follows:
11As used in this subchapter subpart, unless the context
12otherwise requires:
13 Sec. 2635. Section 261.102, subsection 7, Code 2023, is
14amended to read as follows:
157. “Program” means the Iowa minority academic grants
16for economic success program established in this subchapter
17 subpart.
18 Sec. 2636. Section 261.110, subsections 1 and 5, Code 2023,
19are amended to read as follows:
201. A teach Iowa scholar program is established to provide
21teach Iowa scholar grants to selected high-caliber teachers.
22The commission shall administer the program in collaboration
23with the department of education.
245. The commission, in collaboration with the department
25of education, shall adopt rules pursuant to chapter 17A to
26administer this section. The rules shall include but shall not
27be limited to a process for use by the commission to determine
28which eligible applicants will receive teach Iowa scholar
29grants.
30 Sec. 2637. Section 261.110, subsection 3, paragraph a, Code
312023, is amended to read as follows:
32a. The applicant was in the top twenty-five percent
33academically of students exiting a teacher preparation program
34approved by the state board of education pursuant to section
35256.7, subsection 3, or a similar teacher preparation program
-1432-1in another state, or had earned other comparable academic
2credentials.
3 Sec. 2638. Section 261.111, subsection 2, Code 2023, is
4amended to read as follows:
52. The director of the department of education shall
6annually designate the areas in which teacher shortages are
7anticipated. The director shall periodically conduct a survey
8of school districts, accredited nonpublic schools, and approved
9practitioner preparation programs to determine current shortage
10areas and predict future shortage areas.
11 Sec. 2639. Section 261.112, subsections 1 and 2, Code 2023,
12are amended to read as follows:
131. A teacher shortage loan forgiveness program is
14established to be administered by the commission. A teacher
15is eligible for the program if the teacher is practicing in
16a teacher shortage area as designated by the department of
17education pursuant to subsection 2. A person is ineligible
18for this program if the person receives a grant under section
19261.110 or a forgivable loan under section 261.111. For
20purposes of this section, “teacher” means an individual holding
21a practitioner’s license issued under chapter 272 part 3, who
22is employed in a nonadministrative position in a designated
23shortage area by a school district or area education agency
24pursuant to a contract issued by a board of directors under
25section 279.13.
262. The director of the department of education shall
27annually designate the geographic or subject areas experiencing
28teacher shortages. The director shall periodically conduct a
29survey of school districts, accredited nonpublic schools, and
30approved practitioner preparation programs to determine current
31shortage areas.
32 Sec. 2640. Section 261.130, subsection 2, Code 2023, is
33amended to read as follows:
342. Skilled workforce shortage tuition grants shall be
35awarded only to students pursuing a career-technical or career
-1433-1option program in an industry identified as having a shortage
2of skilled workers by a community college after conducting a
3regional skills gap analysis or as being a high-demand job by
4the department of workforce development in the department’s
5 department of workforce development’s most recent list of
6high-demand jobs. If a community college no longer identifies
7the industry as having a shortage of skilled workers or the
8department of workforce development no longer identifies the
9industry as a high-demand job, an eligible student who received
10a grant for a career-technical or career option program based
11on that identification shall continue to receive the grant
12until achieving a postsecondary credential, up to an associate
13degree, as long as the student is continuously enrolled in
14that program and continues to meet all other eligibility
15requirements.
16 Sec. 2641. Section 261.131, subsection 1, paragraph b, Code
172023, is amended to read as follows:
18b. “Approved state-recognized work-based learning program”
19means a structured educational and training program that
20includes authentic worksite training and is approved by the
21department of education according to a process established
22under rules adopted pursuant to section 256.7, subsection 34.
23 Sec. 2642. Section 261.132, subsection 1, paragraph c, Code
242023, is amended to read as follows:
25c. “Eligible program” means a program of study or an
26academic major jointly approved by the commission and the
27department of workforce development, in consultation with the
28eligible institution, that leads to a bachelor’s degree aligned
29with a high-demand job designated by the workforce development
30board pursuant to section 84A.1B, subsection 14. If the
31department of workforce development removes a high-demand job
32from the list created under section 84A.1B, subsection 14, an
33eligible student who received a grant for a program based on
34that high-demand job shall continue to receive the grant until
35achieving a bachelor’s degree as long as the student continues
-1434-1to meet all other eligibility requirements.
2 Sec. 2643. Section 261B.11A, subsection 1, Code 2023, is
3amended to read as follows:
41. Students attending schools required to register under
5this chapter are ineligible for state student financial aid
6programs established under chapter 261 256, subchapter VII,
7part 4.
8 Sec. 2644. Section 261F.1, subsection 5, paragraph e, Code
92023, is amended to read as follows:
10e. State education grants, scholarships, or financial aid
11funds administered under chapter 261 256, subchapter VII, part
124.
13 Sec. 2645. Section 261G.4, subsections 1, 2, and 5, Code
142023, are amended to read as follows:
151. Notwithstanding any other provision of law to the
16contrary, a participating nonresident institution shall not
17be required to register under chapter 261B or to comply with
18the registration and disclosure requirements of chapter 261
19 256, subchapter VII, part 4, or chapter 261B or section 714.17,
20subsections 2 and 3, or sections 714.18, 714.20, 714.21, and
21714.23, or section 714.24, subsections 1, 2, 3, 4, and 5, or
22section 714.25, if the provisions of an interstate reciprocity
23agreement prohibit such registration or compliance.
242. Notwithstanding any other provision of law to the
25contrary, a participating resident institution shall be
26required to register under chapter 261B or to comply with the
27registration and disclosure requirements of chapter 261 256,
28subchapter VII, part 4, or chapter 261B or section 714.17,
29subsections 2 and 3, or sections 714.18, 714.20, 714.21, and
30714.23, or section 714.24, subsections 1, 2, 3, 4, and 5, or
31section 714.25, if the provisions of the interstate reciprocity
32agreement require such registration or compliance.
335. Students attending a participating nonresident
34institution are ineligible for state student financial aid
35programs established under chapter 261 256, subchapter VII,
-1435-1part 4.
2 Sec. 2646. CODE EDITOR DIRECTIVE.
31. The Code editor is directed to make the following
4transfers:
5a. Section 261.1 to section 256.176.
6b. Section 261.2 to section 256.177.
7c. Section 261.3 to section 256.178.
8d. Section 261.4 to section 256.179.
9e. Section 261.5 to section 256.180.
10f. Section 261.7 to section 256.181.
11g. Section 261.8 to section 256.182.
12h. Section 261.9 to section 256.183.
13i. Section 261.10 to section 256.184.
14j. Section 261.11 to section 256.185.
15k. Section 261.12 to section 256.186.
16l. Section 261.13 to section 256.187.
17m. Section 261.14 to section 256.188.
18n. Section 261.15 to section 256.189.
19o. Section 261.16 to section 256.190.
20p. Section 261.16A to section 256.191.
21q. Section 261.17 to section 256.192.
22r. Section 261.20 to section 256.193.
23s. Section 261.25 to section 256.194.
24t. Section 261.35 to section 256.195.
25u. Section 261.36 to section 256.196.
26v. Section 261.37 to section 256.197.
27w. Section 261.38 to section 256.198.
28x. Section 261.42 to section 256.199.
29y. Section 261.43 to section 256.200.
30z. Section 261.43A to section 256.201.
31aa. Section 261.62 to section 256.202.
32ab. Section 261.71 to section 256.203.
33ac. Section 261.72 to section 256.204.
34ad. Section 261.73 to section 256.205.
35ae. Section 261.81 to section 256.206.
-1436- 1af. Section 261.83 to section 256.207.
2ag. Section 261.84 to section 256.208.
3ah. Section 261.85 to section 256.209.
4ai. Section 261.86 to section 256.210.
5aj. Section 261.86A to section 256.211.
6ak. Section 261.87 to section 256.212.
7al. Section 261.101 to section 256.213.
8am. Section 261.102 to section 256.214.
9an. Section 261.103 to section 256.215.
10ao. Section 261.104 to section 256.216.
11ap. Section 261.105 to section 256.217.
12aq. Section 261.110 to section 256.218.
13ar. Section 261.111 to section 256.219.
14as. Section 261.112 to section 256.220.
15at. Section 261.113 to section 256.221.
16au. Section 261.114 to section 256.222.
17av. Section 261.115 to section 256.223.
18aw. Section 261.116 to section 256.224.
19ax. Section 261.117 to section 256.225.
20ay. Section 261.120 to section 256.226.
21az. Section 261.130 to section 256.227.
22ba. Section 261.131 to section 256.228.
23bb. Section 261.132 to section 256.229.
242. The Code editor shall correct internal references in the
25Code and in any enacted legislation as necessary due to the
26enactment of this section.
273. a. The Code editor may designate sections 256.176
28through 256.229, as enacted in this division of this Act, as
29new part 4 entitled “College Student Aid Commission” within the
30subchapter entitled “Higher education division” as enacted by
31another division of this Act.
32b. The Code editor shall designate sections 256.176 through
33256.229 into the following subparts:
34(1) Sections 256.176 through 256.182 shall be designated as
35subpart A and entitled “General Provisions”.
-1437- 1(2) Sections 256.183 through 256.194 shall be designated as
2subpart B and entitled “Tuition Grants to Students”.
3(3) Sections 256.195 through 256.201 shall be designated as
4subpart C and entitled “Iowa Guaranteed Loan Program”.
5(4) Section 256.202 shall be designated as subpart D and
6entitled “Iowa State Fair Scholarship”.
7(5) Sections 256.203 through 256.205 shall be designated
8as subpart E and entitled “Chiropractic Graduate Student
9Forgivable Loan Program”.
10(6) Sections 256.206 through 256.209 shall be designated as
11subpart F and entitled “Work-Study Program”.
12(7) Sections 256.210 through 256.211 shall be designated as
13subpart G and entitled “National Guard Educational Assistance”.
14(8) Section 256.212 shall be designated as subpart H and
15entitled “All Iowa Opportunity Scholarships”.
16(9) Sections 256.213 through 256.217 shall be designated as
17subpart I and entitled “Minority Academic Grants for Economic
18Success”.
19(10) Sections 256.218 through 256.220 shall be designated
20as subpart J and entitled “Teach Iowa Scholar Grants and
21Teacher Shortage Forgivable Loan and Loan Forgiveness
22Programs”.
23(11) Sections 256.221 through 256.226 shall be designated
24as subpart K and entitled “Other Loan Repayment and Forgiveness
25Programs — Health Professions”.
26(12) Sections 256.227 through 256.229 shall be designated
27as subpart L and entitled “Skilled Workforce Shortage Tuition
28Grant Program”.
29 Sec. 2647. TRANSITION PROVISIONS.
301. Any scholarship, loan, or grant awarded under a
31program administered by the college student aid commission in
32accordance with chapter 261 prior to the effective date of this
33division of this Act is valid and shall continue as provided in
34the terms of the scholarship, loan, or grant.
352. Federal funds utilized by the college student aid
-1438-1commission prior to the effective date of this division of this
2Act to employ personnel necessary for the administration of the
3college student aid commission’s programs shall be applied to
4and be available for the transfer of such personnel from the
5college student aid commission to the higher education division
6of the department of education.
7 Sec. 2648. APPLICABILITY. This division of this Act
8applies to individuals appointed as the executive director of
9the college student aid commission before, on, or after the
10effective date of this division of this Act.
11COMMUNITY COLLEGES BUREAU
12 Sec. 2649. Section 256.9, subsection 36, Code 2023, is
13amended by striking the subsection.
14 Sec. 2650. Section 260C.2, Code 2023, is amended by adding
15the following new subsections:
16 NEW SUBSECTION. 01. “Bureau” means the community colleges
17bureau of the higher education division of the department
18established under section 260C.6.
19 NEW SUBSECTION. 001. “Bureau chief” means the bureau
20chief of the community colleges bureau of the higher education
21division of the department.
22 Sec. 2651. Section 260C.5, Code 2023, is amended to read as
23follows:
24260C.5 Duties of director Community colleges bureau — duties
25of bureau chief.
26The director shall appoint the bureau chief, and the bureau
27chief shall direct the work of the personnel as necessary to
28carry out this chapter. The bureau chief shall do all of the
29following:
301. Designate a community college as an “area career and
31technical education school” within the meaning of, and for the
32purpose of administering, the federal Carl D. Perkins Career
33and Technical Education Improvement Act of 2006. A community
34college shall not be so designated by the director for the
35expenditure of funds under 20 U.S.C. §2301 et seq., as amended,
-1439-1which has not been designated and classified as a community
2college by the state board.
32. Change boundaries of director districts in a merged area
4when the board fails to change boundaries as required by law.
53. Make changes in boundaries of merged areas with the
6approval of the board of directors of each merged area affected
7by the change. When the boundaries of a merged area are
8changed, the director of the department of education may
9authorize the board of directors of the merged area to levy
10additional taxes upon the property within the merged area, or
11any part of the merged area, and distribute the taxes so that
12all parts of the merged area are paying their share toward the
13support of the college.
144. Administer, allocate, and disburse federal or state
15funds made available to pay a portion of the cost of acquiring
16sites for and constructing, acquiring, or remodeling facilities
17for community colleges, and establish priorities for the use
18of such funds.
195. Administer, allocate, and disburse federal or state
20funds available to pay a portion of the operating costs of
21community colleges.
226. Propose administrative rules to carry out this chapter
23subject to approval of the state board.
247. Enter into contracts with local school boards within the
25area that have and maintain a career and technical education
26program and with private schools or colleges in the cooperative
27or merged areas to provide courses or programs of study in
28addition to or as a part of the curriculum made available in
29the community college.
308. Make arrangements with boards of merged areas and local
31school districts to permit students attending high school to
32participate in career and technical education programs and
33advanced college placement courses and obtain credit for such
34participation for application toward the completion of a high
35school diploma. The granting of credit is subject to the
-1440-1approval of the director of the department of education.
29. Prescribe a uniform system of accounting for community
3colleges.
410. Ensure that community colleges that provide
5intercollegiate athletics as a part of their program comply
6with section 216.9.
711. Develop an application and review process for approval
8of administrative and program sharing agreements between two
9or more community colleges or a community college and an
10institution of higher education under the board of regents
11entered into pursuant to section 260C.46.
12 Sec. 2652. Section 260C.6, Code 2023, is amended to read as
13follows:
14260C.6 Community colleges division in department bureau in
15the higher education division.
16A community colleges division bureau shall be established
17within the higher education division of the department of
18education. The division bureau shall exercise the powers and
19perform the duties conferred by law upon the department with
20respect to community colleges.
21 Sec. 2653. Section 260C.18, subsection 1, Code 2023, is
22amended to read as follows:
231. Federal funds made available and administered by the
24director of the department of education, for purposes provided
25by federal laws, rules, and regulations.
26 Sec. 2654. Section 260C.46, Code 2023, is amended to read
27as follows:
28260C.46 Program and administrative sharing.
29By September 1, 1990, the The department shall establish
30guidelines and an approval process for program sharing
31agreements and for administrative sharing agreements entered
32into by two or more community colleges or by a community
33college and a higher education institution under the control
34of the board of regents. Guidelines established shall be
35designed to increase student access to programs, enhance
-1441-1educational program offerings throughout the state, and enhance
2interinstitutional cooperation in program offerings.
3DIVISION XV
4COMMERCE
5CONSUMER ADVOCATE
6 Sec. 2655. Section 475A.3, subsections 1 and 3, Code 2023,
7are amended to read as follows:
81. Office. The office of consumer advocate shall be a
9separate division of the department of justice and located at
10the same location as the utilities division of the department
11of commerce board. Administrative support services may be
12provided to the consumer advocate division by the department of
13commerce utilities board.
143. Salaries, expenses, and appropriation. The salary of
15the consumer advocate shall be fixed by the attorney general
16within the salary range set by the general assembly. The
17salaries of employees of the consumer advocate shall be at
18rates of compensation consistent with current standards in
19industry. The reimbursement of expenses for the employees and
20the consumer advocate is as provided by law. The appropriation
21for the office of consumer advocate shall be a separate line
22item contained in the appropriation from the department of
23 commerce revolving fund created in section 546.12.
24 Sec. 2656. Section 475A.4, Code 2023, is amended to read as
25follows:
26475A.4 Utilities division board records.
27The consumer advocate has free access to all the files,
28records, and documents in the office of the utilities division
29 board except:
301. Personal information in confidential personnel records
31of the utilities division board.
322. Records which represent and constitute the work product
33of the general counsel of the utilities board, and records of
34confidential communications between utilities board members and
35their general counsel, where the records relate to a proceeding
-1442-1before the board in which the consumer advocate is a party or
2a proceeding in any state or federal court in which both the
3board and the consumer advocate are parties.
43. Customer information of a confidential nature which
5could jeopardize the customer’s competitive status and
6is provided by the utility to the division board. Such
7information shall be provided to the consumer advocate by the
8division board, if the board determines it to be in the public
9interest.
10 Sec. 2657. Section 475A.6, Code 2023, is amended to read as
11follows:
12475A.6 Certification of expenses to utilities division board.
131. a. The consumer advocate shall determine the advocate’s
14expenses, including a reasonable allocation of general office
15expenses, directly attributable to the performance of the
16advocate’s duties involving specific persons subject to direct
17assessment, and shall certify the expenses to the utilities
18division board not less than quarterly. The expenses shall
19then be includable in the expenses of the division board
20 subject to direct assessment under section 476.10.
21b. The consumer advocate shall annually, within ninety
22days after the close of each fiscal year, determine the
23advocate’s expenses, including a reasonable allocation of
24general office expenses, attributable to the performance of the
25advocate’s duties generally, and shall certify the expenses
26to the utilities division board. The expenses shall then be
27includable in the expenses of the division board subject to
28remainder assessment under section 476.10.
292. The consumer advocate is entitled to notice and
30opportunity to be heard in any utilities board proceeding
31on objection to an assessment for expenses certified by the
32consumer advocate. Expenses assessed under this section shall
33not exceed the amount appropriated for the consumer advocate
34division of the department of justice.
353. The office of consumer advocate may expend additional
-1443-1funds, including funds for outside consultants, if those
2additional expenditures are actual expenses which exceed
3the funds budgeted for the performance of the advocate’s
4duties. Before the office expends or encumbers an amount in
5excess of the funds budgeted, the director of the department
6of management shall approve the expenditure or encumbrance.
7Before approval is given, the director of the department of
8management shall determine that the expenses exceed the funds
9budgeted by the general assembly to the office of consumer
10advocate and that the office does not have other funds from
11which such expenses can be paid. Upon approval of the director
12of the department of management, the office may expend and
13encumber funds for excess expenses. The amounts necessary
14to fund the excess expenses shall be collected from those
15utilities or persons which caused the excess expenditures,
16and the collections shall be treated as repayment receipts as
17defined in section 8.2, subsection 8.
18IOWA UTILITIES BOARD
19 Sec. 2658. Section 6A.21, subsection 2, Code 2023, is
20amended to read as follows:
212. The limitation on the definition of public use,
22public purpose, or public improvement does not apply to the
23establishment, relocation, or improvement of a road pursuant
24to chapter 306, or to the establishment of a railway under the
25supervision of the department of transportation as provided in
26section 327C.2, or to an airport as defined in section 328.1,
27or to land acquired in order to replace or mitigate land used
28in a road project when federal law requires replacement or
29mitigation. This limitation also does not apply to utilities,
30persons, companies, or corporations under the jurisdiction of
31the Iowa utilities board in the department of commerce or to
32any other utility conferred the right by statute to condemn
33private property or to otherwise exercise the power of eminent
34domain, except to the extent such purpose includes construction
35of aboveground merchant lines.
-1444-1 Sec. 2659. Section 6B.42, subsection 2, paragraphs b and d,
2Code 2023, are amended to read as follows:
3b. A person aggrieved by a determination made by a utility
4as to eligibility for relocation assistance, a payment, or
5the amount of the payment, upon application, may have the
6matter reviewed by the utilities division of the department of
7commerce board.
8d. A utility or railroad subject to this section that
9proposes to displace a person shall inform the person of the
10person’s right to receive relocation assistance and payments,
11and of an aggrieved person’s right to appeal to the utilities
12division of the department of commerce board or the state
13department of transportation.
14 Sec. 2660. Section 6B.45, subsection 1, Code 2023, is
15amended to read as follows:
161. When any real property or interest in real property
17is to be purchased, or in lieu thereof to be condemned, the
18acquiring agency or its agent shall submit to the person,
19corporation, or entity whose property or interest in the
20property is to be taken, by ordinary mail, at least ten days
21prior to the date upon which the acquiring agency or its agent
22contacts the property owner to commence negotiations, a copy
23of the appraisal in its entirety upon such real property or
24interest in such real property prepared for the acquiring
25agency or its agent, which shall include, at a minimum, an
26itemization of the appraised value of the real property or
27interest in the property, any buildings on the property, all
28other improvements including fences, severance damages, and
29loss of access. In determining fair market value of property,
30the acquiring agency shall not consider only the assessed value
31assigned to such property for purposes of property taxation.
32The appraisal sent to the condemnee shall be that appraisal
33upon which the condemnor will rely to establish an amount
34which the condemnor believes to be just compensation for the
35real property. All other appraisals made on the property as a
-1445-1result of the condemnation proceeding shall be made available
2to the condemnee upon request. In lieu of an appraisal, a
3utility or person under the jurisdiction of the utilities board
4of the department of commerce, or any other utility conferred
5the right by statute to condemn private property, shall provide
6in writing by certified mail to the owner of record thirty
7days prior to negotiations, the methods and factors used in
8arriving at an offered price for voluntary easements including
9the range of cash amount of each component. An acquiring
10agency may obtain a signed written waiver from the landowner to
11allow negotiations to commence prior to the expiration of the
12applicable waiting period for the commencement of negotiations.
13 Sec. 2661. Section 6B.54, subsections 2 and 3, Code 2023,
14are amended to read as follows:
152. Real property shall be appraised as required by section
166B.45 before the initiation of negotiations, and the owner
17or the owner’s designated representative shall be given
18an opportunity to accompany at least one appraiser of the
19acquiring agency during an inspection of the property, except
20that an acquiring agency may prescribe a procedure to waive the
21appraisal in cases involving the acquisition of property with
22a low fair market value. In lieu of an appraisal, a utility
23or person under the jurisdiction of the utilities board of the
24department of commerce, or any other utility conferred the
25right by statute to condemn private property, shall provide in
26writing by certified mail to the owner of record thirty days
27before negotiations, the methods and factors used in arriving
28at an offered price for voluntary easements including the range
29of cash amount of each component.
303. Before the initiation of negotiations for real property,
31the acquiring agency shall establish an amount which it
32believes to be just compensation for the real property, and
33shall make a prompt offer to acquire the property for the full
34amount established by the agency. In no event shall the amount
35be less than the fair market value the acquiring agency has
-1446-1established for the property or property interest pursuant
2to the appraisal required in section 6B.45 or less than the
3value determined under the acquiring agency’s waiver procedure
4established pursuant to subsection 2. A purchase offer made
5by an acquiring agency shall include provisions for payment to
6the owner of expenses, including relocation expenses, expenses
7listed in subsection 10, and other expenses required by law
8to be paid by an acquiring agency to a condemnee. However,
9in the alternative, the acquiring agency may make, and the
10owner may accept, a purchase offer from the acquiring agency
11that is an amount equal to one hundred thirty percent of the
12appraisal amount plus payment to the owner of expenses listed
13in subsection 10, once those expenses have been determined. If
14the owner accepts such a purchase offer, the owner is barred
15from claiming payment from the acquiring agency for any other
16expenses allowed by law. In the case of a utility or person
17under the jurisdiction of the utilities board of the department
18of commerce, or any other utility conferred the right by
19statute to condemn private property, the amount shall not be
20less than the amount indicated by the methods and factors used
21in arriving at an offered price for a voluntary easement. The
22option to make an alternative purchase offer does not apply
23when property is being acquired for street and highway projects
24undertaken by the state, a county, or a city.
25 Sec. 2662. Section 8C.2, subsection 3, paragraph b, Code
262023, is amended to read as follows:
27b. The utilities division of the department of commerce
28 board.
29 Sec. 2663. Section 12.10, Code 2023, is amended to read as
30follows:
3112.10 Deposits by state officers.
32Except as otherwise provided, all elective and appointive
33state officers, boards, commissions, and departments shall,
34within ten days succeeding the collection, deposit with the
35treasurer of state, or to the credit of the treasurer of state
-1447-1in any depository designated by the treasurer of state, ninety
2percent of all fees, commissions, and moneys collected or
3received. The balance actually collected in cash, remaining
4in the hands of any officer, board, or department shall not
5exceed the sum of five thousand dollars and money collected
6shall not be held more than thirty days. This section does not
7apply to the state fair board, the state board of regents, the
8utilities board of the department of commerce, the director of
9the department of human services, the Iowa finance authority or
10to the funds received by the state racing and gaming commission
11under sections 99D.7 and 99D.14.
12 Sec. 2664. Section 15H.6, subsection 1, Code 2023, is
13amended to read as follows:
141. The commission, in collaboration with the department of
15natural resources, the department of workforce development,
16and the utilities board of the department of commerce, shall
17establish an Iowa green corps program. The commission shall
18work with the collaborating agencies and nonprofit agencies
19in developing a strategy for attracting additional financial
20resources for the program from other sources which may include
21but are not limited to utilities, private sector, and local,
22state, and federal government funding sources. The financial
23resources received shall be credited to the community programs
24account created pursuant to section 15H.5.
25 Sec. 2665. Section 22.7, subsection 71, Code 2023, is
26amended to read as follows:
2771. Information and records related to cyber security
28information or critical infrastructure, the disclosure of which
29may expose or create vulnerability to critical infrastructure
30systems, held by the utilities board of the department of
31commerce or the department of homeland security and emergency
32management for purposes relating to the safeguarding of
33telecommunications, electric, water, sanitary sewage, storm
34water drainage, energy, hazardous liquid, natural gas, or
35other critical infrastructure systems. For purposes of this
-1448-1subsection, “cyber security information” includes but is not
2limited to information relating to cyber security defenses,
3threats, attacks, or general attempts to attack cyber system
4operations.
5 Sec. 2666. Section 313.4, subsection 4, paragraph b, Code
62023, is amended to read as follows:
7b. The costs of serving freeway lighting for each utility
8providing the service shall be determined by the utilities
9division of the department of commerce board, and rates for
10such service shall be no higher than necessary to recover these
11costs. Funds received under the provisions of this subsection
12shall be used solely for the operation and maintenance of a
13freeway lighting system.
14 Sec. 2667. Section 320.4, subsection 1, Code 2023, is
15amended to read as follows:
161. To lay gas mains in highways outside cities to local
17municipal distributing plants or companies, but not to pipeline
18companies. This section shall not apply to or include pipeline
19companies required to obtain a license from the utilities
20division of the department of commerce board.
21 Sec. 2668. Section 357A.19, Code 2023, is amended to read
22as follows:
23357A.19 Not exempt from other requirements.
24This chapter does not exempt any district from the
25requirements of any other statute, whether enacted prior to
26or subsequent to July 1, 1970, under which the district is
27required to obtain the permission or approval of, or to notify,
28the department, the utilities division of the department
29of commerce board, or any other agency of this state or of
30any of its political subdivisions prior to proceeding with
31construction, acquisition, operation, enlargement, extension,
32or alteration of any works or facilities which the district is
33authorized to undertake pursuant to this chapter.
34 Sec. 2669. Section 364.3, subsection 13, paragraph b,
35subparagraph (2), Code 2023, is amended to read as follows:
-1449- 1(2) Paragraph “a” does not apply to an ordinance, motion,
2resolution, or amendment relating to the rates, services, or
3governance of a public utility providing gas service to the
4public for compensation and subject to the jurisdiction of
5the utilities board of the department of commerce pursuant to
6section 476.1B.
7 Sec. 2670. Section 364.23, Code 2023, is amended to read as
8follows:
9364.23 Energy-efficient lighting required.
10All city-owned exterior flood lighting, including but not
11limited to street and security lighting but not including era
12or period lighting which has a minimum efficiency rating of
13fifty-eight lumens per watt and not including stadium or ball
14park lighting, shall be replaced, when worn-out, exclusively
15with high pressure sodium lighting or lighting with equivalent
16or better energy efficiency as approved in rules adopted by the
17utilities board within the utilities division of the department
18of commerce. In lieu of the requirements established for
19replacement lighting under this section, stadium or ball park
20lighting shall be replaced, when worn-out, with the most
21energy-efficient lighting available at the time of replacement
22which may include metal halide, high-pressure sodium, or other
23light sources which may be developed.
24 Sec. 2671. Section 384.84, subsection 3, paragraph a, Code
252023, is amended to read as follows:
26a. A city utility or enterprise service to a property or
27premises, including services of sewer systems, storm water
28drainage systems, sewage treatment, solid waste collection,
29water, solid waste disposal, or any of these services, may be
30discontinued or disconnected if the account for the service
31becomes delinquent. Gas or electric service provided by a city
32utility or enterprise shall be discontinued or disconnected
33only as provided by section 476.20, subsections 1 through
344, and discontinuance or disconnection of those services
35is subject to rules adopted by the utilities board of the
-1450-1department of commerce.
2 Sec. 2672. Section 422.93, Code 2023, is amended to read as
3follows:
4422.93 Public utility accounting method.
5Nothing in this chapter shall be construed to require the
6utilities board of the department of commerce to allow or
7require the use of any particular method of accounting by
8any public utility to compute its tax expense, depreciation
9expense, or operating expense for purposes of establishing its
10cost of service for rate-making purposes and for reflecting
11operating results in its regulated books of account.
12 Sec. 2673. Section 474.1, Code 2023, is amended to read as
13follows:
14474.1 Creation of division and board — organization.
151. A utilities division board is created within the
16department of commerce. The policymaking body for the division
17is the utilities board which is created within the division.
18 The board is composed shall consist of three members appointed
19by the governor and subject to confirmation by the senate, not
20more than two of whom shall be from the same political party.
21Each member appointed shall serve for six-year staggered terms
22beginning and ending as provided by section 69.19. Vacancies
23shall be filled for the unexpired portion of the term in the
24same manner as full-term appointments are made.
252. a. Subject to confirmation by the senate, the governor
26shall appoint a member as the chairperson of the board. The
27chairperson shall be the administrator of the utilities
28division board. The appointment as chairperson shall be for
29a two-year term which begins and ends as provided in section
3069.19.
31b. The board shall appoint a chief operating officer to
32manage the operations of the utilities division as directed
33by the board. The board shall set the salary of the chief
34operating officer within the limits of the pay plan for exempt
35positions provided for in section 8A.413, subsection 3, unless
-1451-1otherwise provided by the general assembly. The board may
2employ additional personnel as it finds necessary.
33. The utilities board shall regulate and supervise public
4utilities operating in the state. The board shall enforce and
5implement chapters 476, 476A, 477C, 478, 479, 479A, and 479B
6and shall perform other duties assigned to it by law.
73. 4. As used in this chapter and chapters 475A, 476,
8476A, 477C, 478, 479, 479A, and 479B, “division” “board” and
9“utilities division” “utilities board” mean the Iowa utilities
10division of the department of commerce board.
11 Sec. 2674. Section 476.1, subsection 1, Code 2023, is
12amended to read as follows:
131. The utilities board within the utilities division of the
14department of commerce shall regulate the rates and services of
15public utilities to the extent and in the manner hereinafter
16provided.
17 Sec. 2675. Section 476.1, subsection 2, Code 2023, is
18amended by striking the subsection.
19 Sec. 2676. Section 476.1A, subsection 1, paragraph a, Code
202023, is amended to read as follows:
21a. Assessment of fees for the support of the division
22 board and the office of consumer advocate, pursuant to section
23476.10.
24 Sec. 2677. Section 476.1B, subsection 1, paragraph a, Code
252023, is amended to read as follows:
26a. Assessment of fees for the support of the division board
27 and the office of consumer advocate, as set forth in section
28476.10.
29 Sec. 2678. Section 476.3, subsection 2, Code 2023, is
30amended to read as follows:
312. If, as a result of a review procedure conducted under
32section 476.31, a review conducted under section 476.32, a
33special audit, an investigation by division board staff, or
34an investigation by the consumer advocate, a petition is
35filed with the board by the consumer advocate, alleging that
-1452-1a utility’s rates are excessive, the disputed amount shall be
2specified in the petition. The public utility shall, within
3the time prescribed by the board, file a bond or undertaking
4approved by the board conditioned upon the refund in a manner
5prescribed by the board of amounts collected after the date of
6filing of the petition in excess of rates or charges finally
7determined by the board to be lawful. If upon hearing the
8board finds that the utility’s rates are unlawful, the board
9shall order a refund, with interest, of amounts collected
10after the date of filing of the petition that are determined
11to be in excess of the amounts which would have been collected
12under the rates finally approved. However, the board shall
13not order a refund that is greater than the amount specified
14in the petition, plus interest, and if the board fails to
15render a decision within ten months following the date of
16filing of the petition, the board shall not order a refund of
17any excess amounts that are collected after the expiration of
18that ten-month period and prior to the date the decision is
19rendered.
20 Sec. 2679. Section 476.10, Code 2023, is amended to read as
21follows:
22476.10 Investigations — expense — appropriation.
231. a. In order to carry out the duties imposed upon
24it by law, the board may, at its discretion, allocate and
25charge directly the expenses attributable to its duties to
26the person bringing a proceeding before the board, to persons
27participating in matters before the board, or to persons
28subject to inspection by the board. The board shall ascertain
29the certified expenses incurred and directly chargeable by
30the consumer advocate division of the department of justice
31in the performance of its duties. The board and the consumer
32advocate separately may decide not to charge expenses to
33persons who, without expanding the scope of the proceeding
34or matter, intervene in good faith in a board proceeding
35initiated by a person subject to the board’s jurisdiction,
-1453-1the consumer advocate, or the board on its own motion. For
2assessments in any proceedings or matters before the board, the
3board and the consumer advocate separately may consider the
4financial resources of the person, the impact of assessment on
5participation by intervenors, the nature of the proceeding or
6matter, and the contribution of a person’s participation to the
7public interest. The board may present a bill for expenses
8under this subsection to the person, either at the conclusion
9of a proceeding or matter, or from time to time during its
10progress. Presentation of a bill for expenses under this
11subsection constitutes notice of direct assessment and request
12for payment in accordance with this section.
13b. The board shall ascertain the total of the division’s
14 board’s expenses incurred during each fiscal year in the
15performance of its duties under law. The board shall add to
16the total of the division’s board’s expenses the certified
17expenses of the consumer advocate as provided under section
18475A.6. The board shall deduct all amounts charged directly
19to any person from the total expenses of the board and the
20consumer advocate. The board may assess the amount remaining
21after the deduction to all persons providing service over which
22the board has jurisdiction in proportion to the respective
23gross operating revenues of such persons from intrastate
24operations during the last calendar year over which the board
25has jurisdiction. For purposes of determining gross operating
26revenues under this section, the board shall not include gross
27receipts received by a cooperative corporation or association
28for wholesale transactions with members of the cooperative
29corporation or association, provided that the members are
30subject to assessment by the board based upon the members’
31gross operating revenues, or provided that such a member is
32an association whose members are subject to assessment by the
33board based upon the members’ gross operating revenues. If
34any portion of the remainder can be identified with a specific
35type of utility service, the board shall assess those expenses
-1454-1only to the entities providing that type of service over which
2the board has jurisdiction. The board may make the remainder
3assessments under this paragraph to some or all persons
4providing service over which the board has jurisdiction, based
5upon estimates of the expenditures for the fiscal year for
6the utilities division board and the consumer advocate. Not
7more than ninety days following the close of the fiscal year,
8the utilities division board shall conform the amount of the
9prior fiscal year’s assessments to the requirements of this
10paragraph. For gas and electric public utilities exempted from
11rate regulation pursuant to this chapter, and for providers
12of telecommunications service required to register with the
13board pursuant to section 476.95A that are exempted from rate
14regulation pursuant to this chapter, the remainder assessments
15under this paragraph shall be computed at one-half the rate
16used in computing the assessment for other persons.
172. a. A person subject to a charge or assessment shall
18pay the division board the amount charged or assessed against
19the person within thirty days from the time the division board
20 provides notice to the person of the amount due, unless the
21person files an objection in writing with the board setting out
22the grounds upon which the person claims that such charge or
23assessment is excessive, unreasonable, erroneous, unlawful, or
24invalid. Upon receipt of an objection, the board shall set the
25matter for hearing and issue its order in accordance with its
26findings in the proceeding.
27b. The order shall be subject to review in the manner
28provided in this chapter. All amounts collected by the
29division board pursuant to the provisions of this section
30shall be deposited with the treasurer of state and credited to
31the department of commerce revolving fund created in section
32546.12. Such amounts shall be spent in accordance with the
33provisions of chapter 8.
343. Whenever the board shall deem it necessary in order
35to carry out the duties imposed upon it in connection with
-1455-1rate regulation under section 476.6, investigations under
2section 476.3, or review proceedings under section 476.31,
3the board may employ additional temporary or permanent staff,
4or may contract with persons who are not state employees for
5engineering, accounting, or other professional services, or
6both. The costs of these additional employees and contract
7services shall be paid by the public utility whose rates
8are being reviewed in the same manner as other expenses are
9paid under this section. Beginning on July 1, 1991, there
10is appropriated out of any funds in the state treasury not
11otherwise appropriated, such sums as may be necessary to enable
12the board to hire additional staff and contract for services
13under this section. The board shall increase quarterly
14assessments specified in subsection 1, paragraph “b”, by
15amounts necessary to enable the board to hire additional staff
16and contract for services under this section. The authority to
17hire additional temporary or permanent staff that is granted to
18the board by this section shall not be subject to limitation
19by any administrative or executive order or decision that
20restricts the number of state employees or the filling of
21employee vacancies, and shall not be subject to limitation
22by any law of this state that restricts the number of state
23employees or the filling of employee vacancies unless that
24law is made applicable to this section by express reference
25to this section. Before the board expends or encumbers an
26amount in excess of the funds budgeted for rate regulation and
27before the board increases quarterly assessments pursuant to
28this subsection, the director of the department of management
29shall approve the expenditure or encumbrance. Before approval
30is given, the director of the department of management shall
31determine that the expenses exceed the funds budgeted by the
32general assembly to the board for rate regulation and that
33the board does not have other funds from which the expenses
34can be paid. Upon approval of the director of the department
35of management the board may expend and encumber funds for
-1456-1the excess expenses, and increase quarterly assessments to
2raise the additional funds. The board and the office of
3consumer advocate may add additional personnel or contract
4for additional assistance to review and evaluate energy
5efficiency plans and the implementation of energy efficiency
6programs including, but not limited to, professionally trained
7engineers, accountants, attorneys, skilled examiners and
8inspectors, and secretaries and clerks. The board and the
9office of consumer advocate may also contract for additional
10assistance in the evaluation and implementation of issues
11relating to telecommunication competition. The board and the
12office of the consumer advocate may expend additional sums
13beyond those sums appropriated. However, the authority to add
14additional personnel or contract for additional assistance
15must first be approved by the department of management. The
16additional sums for energy efficiency shall be provided to the
17board and the office of the consumer advocate by the utilities
18subject to the energy efficiency requirements in this chapter.
19Telephone companies shall pay any additional sums needed for
20assistance with telecommunication competition issues. The
21assessments shall be in addition to and separate from the
22quarterly assessment.
234. a. Fees paid to the utilities division board shall be
24deposited in the department of commerce revolving fund created
25in section 546.12. These funds shall be used for the payment,
26upon appropriation by the general assembly, of the expenses of
27the utilities division board and the consumer advocate division
28of the department of justice.
29b. The administrator and consumer advocate shall account
30for receipts and disbursements according to the separate duties
31imposed upon the utilities board and the consumer advocate
32divisions division by the laws of this state and each separate
33duty shall be fiscally self-sustaining.
34c. All fees and other moneys collected under this section
35and sections 478.4, 479.16, and 479A.9 shall be deposited into
-1457-1the department of commerce revolving fund created in section
2546.12 and expenses required to be paid under this section
3shall be paid from funds appropriated for those purposes.
4 Sec. 2680. Section 476.48, subsections 2 and 6, Code 2023,
5are amended to read as follows:
62. Program established.
7a. The utilities division board shall establish and
8administer a small wind innovation zone program to optimize
9local, regional, and state benefits from wind energy and
10to facilitate and expedite interconnection of small wind
11energy systems with electric utilities throughout this state.
12Pursuant to the program, the owner of a small wind energy
13system located within a small wind innovation zone desiring
14to interconnect with an electric utility shall benefit
15from a streamlined application process, may utilize a model
16interconnection agreement, and can qualify under a model
17ordinance.
18b. A political subdivision seeking to be designated a small
19wind innovation zone shall apply to the division board upon a
20form developed by the division board. The division board shall
21approve an application which documents that the applicable
22local government has adopted the model ordinance or is in the
23process of amending an existing zoning ordinance to comply with
24the model ordinance and that an electric utility operating
25within the political subdivision has agreed to utilize the
26model interconnection agreement to contract with the small wind
27energy system owners who agree to its terms.
286. Reporting requirements. The division board shall prepare
29a report summarizing the number of applications received from
30political subdivisions seeking to be designated a small wind
31innovation zone, the number of applications granted, the number
32of small wind energy systems generating electricity within
33each small wind innovation zone, and the amount of wind energy
34produced, and shall submit the report to the members of the
35general assembly by January 1 annually.
-1458-1 Sec. 2681. Section 476.51, subsection 5, Code 2023, is
2amended to read as follows:
35. Civil penalties collected pursuant to this section from
4utilities providing water, electric, or gas service shall
5be forwarded by the chief operating officer of the board to
6the treasurer of state to be credited to the general fund
7of the state and to be used only for the low income home
8energy assistance program and the weatherization assistance
9program administered by the division of community action
10agencies of the department of human rights. Civil penalties
11collected pursuant to this section from utilities providing
12telecommunications service shall be forwarded to the treasurer
13of state to be credited to the department of commerce revolving
14fund created in section 546.12 to be used only for consumer
15education programs administered by the board. Penalties paid
16by a rate-regulated public utility pursuant to this section
17shall be excluded from the utility’s costs when determining
18the utility’s revenue requirement, and shall not be included
19either directly or indirectly in the utility’s rates or charges
20to customers.
21 Sec. 2682. Section 476.63, Code 2023, is amended to read as
22follows:
23476.63 Energy efficiency programs.
24The division board shall consult with the economic
25development authority in the development and implementation of
26public utility energy efficiency programs.
27 Sec. 2683. Section 476.87, subsection 3, Code 2023, is
28amended to read as follows:
293. The board shall allocate the costs and expenses
30reasonably attributable to certification and dispute resolution
31in this section to persons identified as parties to such
32proceeding who are engaged in or who seek to engage in
33providing natural gas services or other persons identified as
34participants in such proceeding. The funds received for the
35costs and the expenses of certification and dispute resolution
-1459-1shall be remitted to the treasurer of state for deposit in the
2department of commerce revolving fund created in section 546.12
3as provided in section 476.10.
4 Sec. 2684. Section 476.95B, subsection 2, Code 2023, is
5amended to read as follows:
62. In proceedings under 47 U.S.C. §251–254, the board
7shall allocate the costs and expenses of the proceedings to
8persons identified as parties in the proceeding who are engaged
9in or who seek to engage in providing telecommunications
10service or other persons identified as participants in the
11proceeding. The funds received for the costs and the expenses
12shall be remitted to the treasurer of state for deposit in the
13department of commerce revolving fund created in section 546.12
14as provided in section 476.10.
15 Sec. 2685. Section 476.103, subsection 4, paragraph c, Code
162023, is amended to read as follows:
17c. A civil penalty collected pursuant to this subsection
18shall be forwarded by the chief operating officer of the board
19to the treasurer of state to be credited to the department of
20 commerce revolving fund created in section 546.12 and to be
21used only for consumer education programs administered by the
22board.
23 Sec. 2686. Section 476A.1, subsection 2, Code 2023, is
24amended to read as follows:
252. “Board” means the utilities board within the utilities
26division of the department of commerce.
27 Sec. 2687. Section 476A.10, Code 2023, is amended to read
28as follows:
29476A.10 Costs of proceeding.
30The applicant for a certificate, or an amendment to
31certificate, shall pay all the costs and expenses incurred by
32the division board in reaching a decision on the application
33including the costs of examinations of the site, the hearing,
34publishing of notice, division board staff salaries, the cost
35of consultants employed by the division board, and other
-1460-1expenses reasonably attributable to the proceeding.
2 Sec. 2688. Section 476A.14, subsection 1, Code 2023, is
3amended to read as follows:
41. Any person who commences to construct a facility as
5provided in this subchapter without having first obtained a
6certificate, or who constructs, operates, or maintains any
7facility other than in compliance with a certificate issued by
8the board or a certificate amended pursuant to this subchapter,
9or who causes any of these acts to occur, shall be liable
10for a civil penalty of not more than ten thousand dollars
11for each violation or for each day of continuing violation.
12Civil penalties collected pursuant to this subsection shall be
13forwarded by the clerk of court to the treasurer of state for
14deposit in the department of commerce revolving fund created
15in section 546.12.
16 Sec. 2689. Section 476B.1, subsection 1, Code 2023, is
17amended to read as follows:
181. “Board” means the utilities board within the utilities
19division of the department of commerce.
20 Sec. 2690. Section 476C.1, subsection 4, Code 2023, is
21amended to read as follows:
224. “Board” means the utilities board within the utilities
23division of the department of commerce.
24 Sec. 2691. Section 477A.1, subsection 1, Code 2023, is
25amended to read as follows:
261. “Board” means the utilities board within the utilities
27division of the department of commerce.
28 Sec. 2692. Section 477C.2, subsection 1, Code 2023, is
29amended to read as follows:
301. “Board” means the utilities board within the department
31of commerce created in section 474.1.
32 Sec. 2693. Section 478.1, subsection 1, Code 2023, is
33amended to read as follows:
341. A person shall not construct, erect, maintain, or
35operate a transmission line, wire, or cable that is capable
-1461-1of operating at an electric voltage of sixty-nine kilovolts
2or more along, over, or across any public highway or grounds
3outside of cities for the transmission, distribution, or sale
4of electric current without first procuring from the utilities
5board within the utilities division of the department of
6commerce a franchise granting authority as provided in this
7chapter.
8 Sec. 2694. Section 478.4, Code 2023, is amended to read as
9follows:
10478.4 Franchise — hearing.
11The utilities board shall consider the petition and any
12objections filed to it in the manner provided. It shall
13examine the proposed route or cause any engineer selected
14by it to do so. If a hearing is held on the petition it may
15hear testimony as may aid it in determining the propriety of
16granting the franchise. It may grant the franchise in whole or
17in part upon the terms, conditions, and restrictions, and with
18the modifications as to location and route as may seem to it
19just and proper. Before granting the franchise, the utilities
20board shall make a finding that the proposed line or lines are
21necessary to serve a public use and represents a reasonable
22relationship to an overall plan of transmitting electricity in
23the public interest. A franchise shall not become effective
24until the petitioners shall pay, or file an agreement to pay,
25all costs and expenses of the franchise proceeding, whether
26or not objections are filed, including costs of inspections
27or examinations of the route, hearing, salaries, publishing
28of notice, and any other expenses reasonably attributable to
29it. The funds received for the costs and the expenses of the
30franchise proceeding shall be remitted to the treasurer of
31state for deposit in the department of commerce revolving fund
32created in section 546.12 as provided in section 476.10.
33 Sec. 2695. Section 478A.7, subsection 4, Code 2023, is
34amended to read as follows:
354. Notwithstanding subsection 1, commencing January 1,
-1462-11990, a person may sell or offer for sale in this state a
2decorative gas lamp manufactured after December 31, 1978,
3if the utilities board within the utilities division of
4the department of commerce determines, after notice and an
5opportunity for interested persons to comment at an oral
6presentation, that the sale or offer for sale of decorative gas
7lamps does not violate the public interest.
8 Sec. 2696. Section 479.2, subsection 1, Code 2023, is
9amended to read as follows:
101. “Board” means the utilities board within the utilities
11division of the department of commerce.
12 Sec. 2697. Section 479.16, Code 2023, is amended to read as
13follows:
14479.16 Receipt of funds.
15All moneys received under this chapter shall be remitted
16monthly to the treasurer of state and credited to the
17department of commerce revolving fund created in section 546.12
18as provided in section 476.10.
19 Sec. 2698. Section 479A.2, subsection 1, Code 2023, is
20amended to read as follows:
211. “Board” means the utilities board within the utilities
22division of the department of commerce.
23 Sec. 2699. Section 479A.9, Code 2023, is amended to read as
24follows:
25479A.9 Deposit of funds.
26Moneys received under this chapter shall be credited to the
27department of commerce revolving fund created in section 546.12
28as provided in section 476.10.
29 Sec. 2700. Section 479B.2, subsection 1, Code 2023, is
30amended to read as follows:
311. “Board” means the utilities board within the utilities
32division of the department of commerce.
33 Sec. 2701. Section 479B.2, subsection 6, Code 2023, is
34amended by striking the subsection.
35 Sec. 2702. Section 479B.12, Code 2023, is amended to read
-1463-1as follows:
2479B.12 Use of funds.
3All moneys received under this chapter, other than civil
4penalties collected pursuant to section 479B.21, shall be
5remitted monthly to the treasurer of state and credited to
6the department of commerce revolving fund created in section
7546.12.
8 Sec. 2703. Section 657.1, subsection 2, Code 2023, is
9amended to read as follows:
102. Notwithstanding subsection 1, in an action to abate
11a nuisance against an electric utility, an electric utility
12may assert a defense of comparative fault as set out in
13section 668.3 if the electric utility demonstrates that in
14the course of providing electric services to its customers it
15has complied with engineering and safety standards as adopted
16by the utilities board of the department of commerce, and if
17the electric utility has secured all permits and approvals,
18as required by state law and local ordinances, necessary to
19perform activities alleged to constitute a nuisance.
20 Sec. 2704. Section 714D.2, subsection 9, Code 2023, is
21amended to read as follows:
229. “Unfair practice” means the same as defined in section
23714.16, subsection 1, and also means any failure of a
24person to comply with the Telecommunications Act or with any
25statute or rule enforced by the utilities board within the
26utilities division of the department of commerce relating to a
27telecommunications service selection or change.
28 Sec. 2705. Section 714D.6, subsection 2, Code 2023, is
29amended to read as follows:
302. A cause of action under this section shall not apply
31unless, prior to filing the action, the consumer has submitted
32a complaint to the utilities board within the utilities
33division of the department of commerce, the utilities board has
34failed to resolve the complaint to the consumer’s satisfaction
35within one hundred twenty days of the date the complaint was
-1464-1submitted, and the consumer dismisses the complaint before the
2utilities board. The requirement that a consumer complaint be
3submitted to the utilities board and resolved by the utilities
4board to the consumer’s satisfaction within one hundred twenty
5days of filing before the consumer may file an action pursuant
6to this section shall not apply to an action by the attorney
7general to recover moneys for the consumer pursuant to section
8714D.7 or any other law. A finding by the utilities board
9that a respondent has complied with rules governing carrier
10selection procedures adopted by the utilities board shall be
11an affirmative defense to any claim brought under this section
12or section 476.103 or 714D.7 that an unauthorized change in
13service has occurred.
14 Sec. 2706. Section 714D.7, subsection 4, Code 2023, is
15amended to read as follows:
164. The attorney general shall not file a civil enforcement
17action under this chapter or under section 714.16 against a
18person for an act which is the subject of an administrative
19proceeding to impose a civil penalty which has been initiated
20against the person by the utilities board within the utilities
21division of the department of commerce. This subsection shall
22not be construed to limit the authority of the attorney general
23to file a civil enforcement or other enforcement action against
24a person for violating a prior agreement entered into by the
25person with the attorney general or a court order obtained
26by the attorney general against the person. This subsection
27shall not be construed to limit the authority of the attorney
28general to file a civil enforcement or other enforcement action
29against the person for acts which are not the subject of an
30administrative proceeding which has been initiated against the
31person by the utilities board.
32 Sec. 2707. REPEAL. Section 546.7, Code 2023, is repealed.
33DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES
34 Sec. 2708. Section 7E.5, subsection 1, paragraph f, Code
352023, is amended to read as follows:
-1465- 1f. The department of commerce insurance and financial
2services, created in section 546.2, which has primary
3responsibility for business and professional regulatory,
4service, and licensing insurance and financial services
5 functions.
6 Sec. 2709. Section 7E.5, subsection 2, paragraph a, Code
72023, is amended to read as follows:
8a. There is a civil rights commission, a public employment
9relations board, an interstate cooperation commission, an Iowa
10ethics and campaign disclosure board, an Iowa utilities board,
11 and an Iowa law enforcement academy.
12 Sec. 2710. Section 8A.412, subsections 18 and 19, Code 2023,
13are amended to read as follows:
1418. The administrator and the deputy administrator
15 superintendent and deputy superintendent of the credit union
16division of the department of commerce insurance and financial
17services, all members of the credit union review board, and all
18employees of the credit union division.
1919. The superintendent of the banking division of the
20department of commerce insurance and financial services, all
21members of the state banking council, and all employees of
22the banking division except for employees of the professional
23licensing and regulation bureau of the division.
24 Sec. 2711. Section 8A.438, subsection 1, Code 2023, is
25amended to read as follows:
261. The director may establish a tax-sheltered investment
27program for eligible employees. The director may arrange for
28the provision of investment vehicles authorized under section
29403(b) of the Internal Revenue Code, as defined in section
30422.3. The tax-sheltered investment program shall include
31investment vehicles authorized under section 403(b) of the
32Internal Revenue Code provided by any insurance company or
33investment company that is recommended for inclusion in the
34program by a person licensed as an insurance producer under
35chapter 522B, or registered as a securities agent or investment
-1466-1adviser representative under chapter 502, by the insurance
2division of the department of commerce insurance and financial
3services. The director shall require each insurance company
4and investment company included in the program to utilize the
5third party administrator selected by the department and a
6common remitter, and shall limit the total number of insurance
7companies and investment companies in the program to no more
8than thirty. To be eligible for inclusion in the program, an
9insurance company shall have filed with, and had the company’s
10contract and forms approved by, the insurance division of the
11department of commerce insurance and financial services, and
12an investment company shall be registered with the federal
13securities and exchange commission. The department may
14offer the tax-sheltered investment program to eligible public
15employers in the state of Iowa.
16 Sec. 2712. Section 8E.103, subsection 1, paragraph b, Code
172023, is amended to read as follows:
18b. Each division within the department of commerce insurance
19and financial services is considered an agency, and each bureau
20within a division of the department of commerce insurance and
21financial services is considered a division, as otherwise
22provided in chapter 7E.
23 Sec. 2713. Section 8F.2, subsection 8, paragraph b,
24subparagraph (3), Code 2023, is amended to read as follows:
25(3) A contract concerning an entity that has contracted
26with the state and is licensed and regulated by the insurance
27division of the department of commerce insurance and financial
28services.
29 Sec. 2714. Section 11.5B, subsection 1, Code 2023, is
30amended to read as follows:
311. Department of commerce insurance and financial services.
32 Sec. 2715. Section 11.6, subsection 1, paragraph c,
33subparagraph (6), Code 2023, is amended to read as follows:
34(6) A joint investment trust organized pursuant to chapter
3528E shall file the audit reports required by this chapter with
-1467-1the administrator of the securities and regulated industries
2bureau of the insurance division of the department of commerce
3 insurance and financial services within ten days of receipt
4from the auditor. The auditor of a joint investment trust
5shall provide written notice to the administrator of the time
6of delivery of the reports to the joint investment trust.
7 Sec. 2716. Section 15E.17, subsection 4, Code 2023, is
8amended to read as follows:
94. Subsections 2 and 3 do not apply to the following:
10a. The utilities division of the department of commerce
11 board insofar as the information relates to public utilities.
12b. The banking division of the department of commerce
13 insurance and financial services.
14c. The credit union division of the department of commerce
15 insurance and financial services.
16 Sec. 2717. Section 16.45, subsection 5, Code 2023, is
17amended to read as follows:
185. For purposes of this section, “financial institutions”
19means the same as defined in section 12C.1, “lender” means a
20lender as defined in section 537.1301 that is licensed by the
21banking division of the department of commerce insurance and
22financial services, and “manufactured home” or “manufactured
23housing” means the same as the definition of manufactured home
24in section 435.1.
25 Sec. 2718. Section 16.91, subsection 3, Code 2023, is
26amended to read as follows:
273. With the approval of the authority board the division
28and its board shall consult with the insurance division of
29the department of commerce insurance and financial services
30 in developing a guaranty contract acceptable to the secondary
31market and developing any other feature of the program with
32which the insurance division may have special expertise.
33Except as provided in this subsection, the Iowa title guaranty
34program is not subject to the jurisdiction of or regulation by
35the insurance division or the commissioner of insurance.
-1468-1 Sec. 2719. Section 20.4, subsections 10 and 11, Code 2023,
2are amended to read as follows:
310. Persons employed by the credit union division of the
4department of commerce insurance and financial services.
511. Persons employed by the banking division of the
6department of commerce insurance and financial services.
7 Sec. 2720. Section 68B.2, subsection 23, Code 2023, is
8amended to read as follows:
923. “Regulatory agency” means the department of agriculture
10and land stewardship, department of workforce development,
11department of commerce insurance and financial services,
12Iowa department of public health, department of public
13safety, department of education, state board of regents,
14department of human services, department of revenue, department
15of inspections and appeals, department of administrative
16services, public employment relations board, state department
17of transportation, civil rights commission, department of
18public defense, department of homeland security and emergency
19management, Iowa ethics and campaign disclosure board,
20utilities board, and department of natural resources.
21 Sec. 2721. Section 85.70, subsection 2, paragraph f, Code
222023, is amended to read as follows:
23f. Beginning on or before December 1, 2018, the department
24of workforce development, in cooperation with the department of
25education, the insurance division of the department of commerce
26 insurance and financial services, and all community colleges
27that are participating in the new career vocational training
28and education program, shall prepare an annual report for
29submission to the general assembly that provides information
30about the status of the program including but not limited to
31the utilization of and participants in the program, program
32completion rates, employment rates after completion of the
33program and the types of employment obtained by the program
34participants, and the effects of the program on workers’
35compensation premium rates.
-1469-1 Sec. 2722. Section 87.11, subsection 2, Code 2023, is
2amended to read as follows:
32. An employer seeking relief from the insurance
4requirements of this chapter shall pay to the insurance
5division of the department of commerce insurance and financial
6services the following fees:
7a. A fee of one hundred dollars, to be submitted annually
8along with an application for relief.
9b. A fee of one hundred dollars for issuance of the
10certificate relieving the employer from the insurance
11requirements of this chapter.
12c. A fee of fifty dollars, to be submitted with each filing
13required by the commissioner of insurance, including but not
14limited to the annual and quarterly financial statements, and
15material change statements.
16 Sec. 2723. Section 97B.49B, subsection 1, paragraph e,
17subparagraph (13), Code 2023, is amended to read as follows:
18(13) An employee of the insurance division of the department
19of commerce insurance and financial services who as a condition
20of employment is required to be certified by the Iowa law
21enforcement academy and who is required to perform the duties
22of a peace officer as provided in section 507E.8.
23 Sec. 2724. Section 100A.1, subsection 1, paragraph j, Code
242023, is amended to read as follows:
25j. The fraud bureau within the insurance division of the
26department of commerce insurance and financial services.
27 Sec. 2725. Section 256.35A, subsection 2, paragraph b, Code
282023, is amended to read as follows:
29b. In addition, representatives of the department of
30education, the division of vocational rehabilitation of the
31department of education, the department of public health,
32the department of human services, the Iowa developmental
33disabilities council, the division of insurance of the
34department of commerce insurance and financial services, and
35the state board of regents shall serve as ex officio members
-1470-1of the advisory council. Ex officio members shall work
2together in a collaborative manner to serve as a resource to
3the advisory council. The council may also form workgroups
4as necessary to address specific issues within the technical
5purview of individual members.
6 Sec. 2726. Section 502.102, subsection 27A, Code 2023, is
7amended to read as follows:
827A. “Securities and regulated industries bureau” means the
9securities and regulated industries bureau of the insurance
10division of the department of commerce insurance and financial
11services.
12 Sec. 2727. Section 502.321A, subsection 8, paragraph b,
13subparagraph (3), Code 2023, is amended to read as follows:
14(3) An offer in which the target company is an insurance
15company or insurance holding company subject to regulation
16by the commissioner of insurance, a financial institution
17subject to regulation by the superintendent of banking or the
18superintendent of savings and loan associations, or a public
19utility subject to regulation by the utilities division of the
20department of commerce board.
21 Sec. 2728. Section 502.601, subsection 1, Code 2023, is
22amended to read as follows:
231. Administration. This chapter shall be administered by
24the commissioner of insurance of this state. The administrator
25shall appoint a deputy administrator who shall be exempt from
26the merit system provisions of chapter 8A, subchapter IV. The
27deputy administrator is the principal operations officer of the
28securities and regulated industries bureau of the insurance
29division of the department of commerce insurance and financial
30services. The deputy administrator is responsible to the
31administrator for the routine administration of this chapter
32and the management of the securities and regulated industries
33bureau. In the absence of the administrator, whether because
34of vacancy in the office, by reason of absence, physical
35disability, or other cause, the deputy administrator shall be
-1471-1the acting administrator and shall, for that period, have and
2exercise the authority conferred upon the administrator. The
3administrator may by order delegate to the deputy administrator
4any or all of the functions assigned to the administrator
5under this chapter. The administrator shall employ officers,
6attorneys, accountants, and other employees as needed for the
7administration of this chapter.
8 Sec. 2729. Section 502A.1, subsection 1, Code 2023, is
9amended to read as follows:
101. “Administrator” means the administrator of the securities
11and regulated industries bureau of the insurance division of
12the department of commerce insurance and financial services.
13 Sec. 2730. Section 502A.15, subsection 1, Code 2023, is
14amended to read as follows:
151. This chapter shall be administered by the administrator
16of the securities and regulated industries bureau of the
17insurance division of the department of commerce insurance and
18financial services.
19 Sec. 2731. Section 505.1, Code 2023, is amended to read as
20follows:
21505.1 Insurance division created.
22An insurance division is created within the department
23of commerce insurance and financial services to regulate and
24supervise the conducting of the business of insurance in the
25state. The commissioner of insurance is the chief executive
26officer of the division. As used in this subtitle and chapter
27502, “division” means the insurance division.
28 Sec. 2732. Section 505.2, Code 2023, is amended to read as
29follows:
30505.2 Appointment and term of commissioner.
311. The governor shall appoint subject to confirmation
32by the senate, a commissioner of insurance, who shall be
33selected solely with regard to qualifications and fitness to
34discharge the duties of this position, devote the entire time
35to such duties, and serve for four years beginning and ending
-1472-1as provided by section 69.19. The governor may remove the
2commissioner for malfeasance in office, or for any cause that
3renders the commissioner ineligible, incapable, or unfit to
4discharge the duties of the office.
52. A vacancy in the office of the commissioner shall be
6filled for the unexpired portion of the regular term.
73. The commissioner of insurance shall also serve as the
8director of the department of insurance and financial services
9pursuant to section 546.2.
10 Sec. 2733. Section 505.5, Code 2023, is amended to read as
11follows:
12505.5 Expenses — salary.
13The commissioner shall be entitled to reimbursement of
14actual necessary expenses in attending meetings of insurance
15commissioners of other states, and in the performance of the
16duties of the office. The commissioner’s salary shall be as
17fixed by the general assembly.
18 Sec. 2734. Section 505.7, subsections 1 and 3, Code 2023,
19are amended to read as follows:
201. All fees and charges which are required by law to be
21paid by insurance companies, associations, and other regulated
22entities shall be payable to the commissioner of the insurance
23division of the department of commerce insurance and financial
24services or department of revenue, as provided by law, whose
25duty it shall be to account for and pay over the same to the
26treasurer of state at the time and in the manner provided by
27law for deposit in the department of commerce revolving fund
28created in section 546.12.
293. Forty percent of the nonexamination revenues payable
30to the division of insurance or the department of revenue in
31connection with the regulation of insurance companies or other
32entities subject to the regulatory jurisdiction of the division
33shall be deposited in the department of commerce revolving
34fund created in section 546.12 and shall be subject to annual
35appropriation to the division for its operations and is also
-1473-1subject to expenditure under subsection 6. The remaining
2nonexamination revenues payable to the division of insurance
3or the department of revenue shall be deposited in the general
4fund of the state.
5 Sec. 2735. Section 507.1, subsection 2, paragraph c, Code
62023, is amended to read as follows:
7c. “Division” means the division of insurance of the
8department of commerce insurance and financial services.
9 Sec. 2736. Section 507E.8, Code 2023, is amended to read as
10follows:
11507E.8 Law enforcement authority.
121. An individual employed by the division and designated as
13a peace officer shall be considered a law enforcement officer
14as that term is defined in section 80B.3, and shall exercise
15the powers of a law enforcement officer as follows:
16a. For purposes of an arrest resulting from a criminal
17violation of any provision of the Code subject to the
18jurisdiction of the commissioner established as a result of an
19investigation pursuant to this chapter or chapter 502, 502A,
20507A, 523A, 523C, 523D, or 523I.
21b. While conducting an investigation or engaged in an
22assignment authorized by this chapter or ordered by the
23commissioner chapter 502, 502A, 507A, 523A, 523C, 523D, or
24523I.
25c. To protect life if a public offense is committed in the
26presence of the peace officer.
27d. While providing assistance to a law enforcement agency or
28another law enforcement officer.
29e. While providing assistance at the request of a member of
30the public.
312. Laws applicable to an arrest of an individual by a law
32enforcement officer of the state shall apply to an individual
33employed by the division and designated as a peace officer. An
34individual employed by the division and designated as a peace
35officer shall have the power to execute arrest warrants and
-1474-1search warrants, serve subpoenas issued for the examination,
2investigation, and trial of all offenses identified through the
3course of an investigation conducted pursuant to this section,
4and arrest upon probable cause without warrant a person found
5in the act of committing a violation of this chapter or a law
6of this state.
7 Sec. 2737. Section 514H.2, subsection 2, Code 2023, is
8amended to read as follows:
92. The insurance division of the department of commerce
10 insurance and financial services shall administer the program
11in cooperation with the division responsible for medical
12services within the department of human services. Each
13agency shall take all necessary actions, including filing an
14appropriate medical assistance state plan amendment to the
15state Medicaid plan to take full advantage of the benefits and
16features of the Deficit Reduction Act of 2005.
17 Sec. 2738. Section 514H.9, Code 2023, is amended to read as
18follows:
19514H.9 Rules.
20The insurance division of the department of commerce
21 insurance and financial services in cooperation with the
22department of human services shall adopt rules pursuant to
23chapter 17A as necessary to administer this chapter.
24 Sec. 2739. Section 514I.2, subsection 9, paragraph a, Code
252023, is amended to read as follows:
26a. An entity licensed by the division of insurance of the
27department of commerce insurance and financial services to
28provide health insurance in Iowa that has contracted with the
29department to provide health insurance coverage to eligible
30children under this chapter.
31 Sec. 2740. Section 515A.6, subsection 7, paragraph a, Code
322023, is amended to read as follows:
33a. The commissioner shall provide notice of the filing of
34the proposed rates at least thirty days before the effective
35date of the proposed rates by publishing a notice on the
-1475-1internet site of the insurance division of the department of
2commerce insurance and financial services.
3 Sec. 2741. Section 521H.6, subsection 1, Code 2023, is
4amended to read as follows:
51. Documents, materials, or other information, including
6a corporate governance annual disclosure, in the possession
7or control of the insurance division of the department of
8commerce insurance and financial services, that is obtained
9by, created by, or disclosed to the commissioner or to any
10other person pursuant to this chapter, is recognized in this
11state as being proprietary and containing trade secrets. All
12such documents, materials, or other information, including the
13disclosure, shall be confidential and privileged, shall not be
14subject to chapter 22, shall be considered confidential under
15chapter 507, shall not be subject to subpoena, and shall not be
16subject to discovery or admissible in evidence in any private
17civil action. However, the commissioner is authorized to use
18such documents, materials, or other information, including
19the disclosure, in the furtherance of any regulatory or legal
20action brought as a part of the commissioner’s official duties.
21The commissioner shall not otherwise make the documents,
22materials, or other information, including the disclosure,
23public without the prior written consent of the insurer or
24insurance group that provided the documents, materials, or
25other information, including the disclosure. Nothing in this
26section shall be construed to require written consent of
27the insurer or insurance group before the commissioner may
28share or receive confidential documents, materials, or other
29information related to governance of an insurer or insurance
30group pursuant to subsection 3 to assist in the performance of
31the commissioner’s regular duties.
32 Sec. 2742. Section 522.8, subsection 1, Code 2023, is
33amended to read as follows:
341. Documents, materials, or other information, including
35an own risk and solvency assessment summary report, in
-1476-1the possession or control of the insurance division of the
2department of commerce insurance and financial services, that
3are obtained by, created by, or disclosed to the commissioner
4or to any other person pursuant to this chapter, are recognized
5in this state as being proprietary and containing trade
6secrets. All such documents, materials, or other information,
7including the summary report, shall be confidential and
8privileged, shall not be subject to chapter 22, shall not be
9subject to subpoena, and shall not be subject to discovery
10or admissible in evidence in any private civil action.
11However, the commissioner is authorized to use such documents,
12materials, or other information, including the summary report,
13in the furtherance of any regulatory or legal action brought as
14a part of the commissioner’s official duties. The commissioner
15shall not otherwise make the documents, materials, or other
16information, including the summary report, public without
17the prior written consent of the insurer that provided the
18documents, materials, or other information, including the
19summary report.
20 Sec. 2743. Section 523A.807, subsection 4, Code 2023, is
21amended to read as follows:
224. The commissioner shall post on the internet site of the
23division of insurance of the department of commerce insurance
24and financial services a list of all persons licensed under
25this chapter and an index of orders issued by the commissioner
26pertaining to such persons.
27 Sec. 2744. Section 524.201, Code 2023, is amended to read
28as follows:
29524.201 Superintendent of banking.
301. The governor shall appoint, subject to confirmation by
31the senate, a superintendent of banking. The appointee shall
32be selected solely with regard to qualification and fitness
33to discharge the duties of office, and a person shall not be
34appointed who has not had at least five years’ experience as an
35executive officer in a bank. The superintendent shall serve at
-1477-1the pleasure of the governor.
22. The superintendent shall have an office at the seat
3of government. The regular term of office shall be four
4years beginning and ending as provided by section 69.19 The
5superintendent shall receive a salary set by the governor
6within a range established by the general assembly.
7 Sec. 2745. Section 524.206, Code 2023, is amended to read
8as follows:
9524.206 Banking division created.
10The banking division is created within the department of
11commerce insurance and financial services.
12 Sec. 2746. Section 524.207, subsections 1, 2, 5, and 6, Code
132023, are amended to read as follows:
141. Except as otherwise provided by statute, all expenses
15required in the discharge of the duties and responsibilities
16imposed upon the banking division of the department of commerce
17 insurance and financial services, the superintendent, and the
18state banking council by the laws of this state shall be paid
19from fees provided by the laws of this state and appropriated
20by the general assembly from the department of commerce
21revolving fund created in section 546.12. All of these
22fees are payable to the superintendent. The superintendent
23shall pay all the fees and other moneys received by the
24superintendent to the treasurer of state within the time
25required by section 12.10 and the fees and other moneys shall
26be deposited into the department of commerce revolving fund
27created in section 546.12.
282. All fees and assessments generated as the result of a
29national bank or federal savings association converting to a
30state bank on or after December 31, 2015, and thereafter, are
31payable to the superintendent. The superintendent shall pay
32all the fees and assessments received by the superintendent
33pursuant to this subsection to the treasurer of state within
34the time required by section 12.10 and the fees and assessments
35shall be deposited into the department of commerce revolving
-1478-1fund created in section 546.12. An amount equal to such fees
2and assessments deposited into the department of commerce
3revolving fund is appropriated from the department of commerce
4revolving fund to the banking division of the department of
5commerce insurance and financial services for the fiscal
6year in which a national bank or federal savings association
7converted to a state bank and an amount equal to such
8annualized fees and assessments deposited into the department
9of commerce revolving fund in succeeding years is appropriated
10from the department of commerce revolving fund to the banking
11division of the department of commerce insurance and financial
12services for succeeding fiscal years for purposes related to
13the discharge of the duties and responsibilities imposed upon
14the banking division of the department of commerce insurance
15and financial services, the superintendent, and the state
16banking council by the laws of this state. This appropriation
17shall be in addition to the appropriation of moneys otherwise
18described in this section. If a state bank converts to a
19national bank or federal savings association, any appropriation
20made pursuant to this subsection for the following fiscal
21year shall be reduced by the amount of the assessment paid by
22the state bank during the fiscal year in which the state bank
23converted to a national bank or federal savings association.
245. All fees and moneys collected shall be deposited into the
25department of commerce revolving fund created in section 546.12
26and expenses required to be paid under this section shall be
27paid from moneys in the department of commerce revolving fund
28and appropriated for those purposes.
296. All moneys received by the superintendent pursuant to a
30multi-state settlement with a provider of financial services
31such as a mortgage lender, a mortgage servicer, or any other
32person regulated by the banking division of the department of
33commerce insurance and financial services shall be deposited
34into the department of commerce revolving fund created in
35section 546.12 and an amount equal to the amount deposited
-1479-1into the fund is appropriated to the banking division of the
2department of commerce insurance and financial services for the
3fiscal year in which such moneys are received and in succeeding
4fiscal years for the purpose of promoting financial-related
5education and supporting those duties of the banking
6division related to financial regulation that are limited to
7nonrecurring expenses such as equipment purchases, training,
8technology, and retirement payouts related to the oversight of
9mortgage lending, state banks, and other financial services
10regulated by the banking division. This appropriation shall be
11in addition to the appropriation of moneys otherwise described
12in this section. The superintendent shall submit a report to
13the department of management and to the legislative services
14agency detailing the expenditure of moneys appropriated to the
15banking division pursuant to this subsection during each fiscal
16year. The initial report shall be submitted on or before
17September 15, 2016, and each September 15 thereafter. Moneys
18appropriated pursuant to this subsection are not subject to
19section 8.33 and shall not be transferred, used, obligated,
20appropriated, or otherwise encumbered except as provided in
21this subsection.
22 Sec. 2747. Section 527.2, subsection 2, Code 2023, is
23amended to read as follows:
242. “Administrator” means and includes the superintendent
25of banking and the superintendent of credit unions within
26the department of commerce insurance and financial services
27 and the supervisor of industrial loan companies within the
28office of the superintendent of banking. However, the powers
29of administration and enforcement of this chapter shall be
30exercised only as provided in sections 527.3, 527.5, subsection
317, sections 527.11, 527.12, and any other pertinent provision
32of this chapter.
33 Sec. 2748. Section 528.2, subsection 1, Code 2023, is
34amended to read as follows:
351. “Administrator” means the superintendent of banking and
-1480-1the superintendent of credit unions within the department of
2commerce insurance and financial services.
3 Sec. 2749. Section 533.102, subsection 4, Code 2023, is
4amended to read as follows:
54. “Credit union service organization” means a corporation,
6limited partnership, or limited liability company organized
7under state law to provide financial and financial-related
8services for one or more credit unions, each of which owns part
9of the capital stock of the credit union service organization,
10as authorized under section 533.301, subsection 5, paragraph
11“f”, and which corporation, limited partnership, or limited
12liability company is subject to examination by the credit union
13division of the Iowa department of commerce insurance and
14financial services or a federal supervisory agency.
15 Sec. 2750. Section 533.103, Code 2023, is amended to read
16as follows:
17533.103 Credit union division created.
18A credit union division of the department of commerce
19 insurance and financial services is created to administer this
20chapter.
21 Sec. 2751. Section 533.104, Code 2023, is amended to read
22as follows:
23533.104 Superintendent of credit unions.
241. A superintendent of credit unions shall be appointed by
25the governor to serve at the pleasure of the governor, subject
26to confirmation by the senate, to regulate credit unions.
27a. The appointee shall be selected solely with regard to
28qualification and fitness to discharge the duties of office.
29b. The and the individual appointed shall have at least
30five years’ experience as a director or executive officer of
31a credit union, or comparable experience in the regulation or
32examination of credit unions. For purposes of this paragraph
33 subsection, credit union membership does not qualify as credit
34union experience.
352. The superintendent shall have an office at the seat
-1481-1of government. The superintendent’s term of office shall be
2four years beginning and ending as provided by section 69.19.
3The governor may remove the superintendent for malfeasance
4in office, or for any cause that renders the superintendent
5ineligible, incapable, or unfit to discharge the duties of the
6office.
73. The superintendent shall receive a salary set by the
8governor within a range established by the general assembly.
94. A vacancy in the office of superintendent shall be filled
10for the unexpired portion of the regular term.
115. 3. The superintendent may adopt rules as necessary or
12appropriate to administer this chapter, subject to the prior
13approval of the rules by the review board.
14 Sec. 2752. Section 533.111, subsections 1, 4, and 5, Code
152023, are amended to read as follows:
161. a. All expenses required in the discharge of the
17duties and responsibilities imposed upon the credit union
18division, the superintendent, and the review board by the laws
19of this state shall be paid from fees provided by the laws
20of this state and appropriated by the general assembly from
21the department of commerce revolving fund created in section
22546.12.
23b. All fees imposed under this chapter are payable to
24the superintendent, who shall pay all fees and other moneys
25received to the treasurer of state within the time required by
26section 12.10. The treasurer of state shall deposit such funds
27in the department of commerce revolving fund created in section
28546.12.
294. a. All fees and other moneys collected shall be
30deposited into the department of commerce revolving fund
31created in section 546.12 and expenses required to be paid
32under this section shall be paid from moneys in the department
33of commerce revolving fund and appropriated for those purposes.
34b. Funds appropriated to the credit union division shall
35be subject at all times to the warrant of the director
-1482-1of the department of administrative services, drawn upon
2written requisition of the superintendent or a designated
3representative, for the payment of all salaries and other
4expenses necessary to carry out the duties of the credit union
5division.
65. The credit union division may accept reimbursement of
7expenses related to the examination of a state credit union
8from the national credit union administration or any other
9guarantor or insurance plan authorized by this chapter. These
10reimbursements shall be deposited into the department of
11 commerce revolving fund created in section 546.12.
12 Sec. 2753. Section 533A.10, subsection 1, Code 2023, is
13amended to read as follows:
141. The superintendent may examine the condition and
15affairs of a licensee. In connection with any examination,
16the superintendent may examine on oath any licensee, and any
17director, officer, employee, customer, creditor, or stockholder
18of a licensee concerning the affairs and business of the
19licensee. The superintendent shall ascertain whether the
20licensee transacts its business in the manner prescribed by
21the law and applicable rules. The licensee shall pay the cost
22of the examination as determined by the superintendent based
23on the actual cost of the operation of the finance bureau of
24the banking division of the department of commerce insurance
25and financial services, including the proportionate share of
26the administrative expenses in the operation of the banking
27division attributable to the finance bureau, as determined by
28the superintendent, incurred in the discharge of duties imposed
29upon the superintendent by this chapter. Failure to pay the
30examination fee within thirty days of receipt of demand from
31the superintendent shall subject the licensee to a late fee of
32up to five percent per day of the amount of the examination fee
33for each day the payment is delinquent.
34 Sec. 2754. Section 533A.14, Code 2023, is amended to read
35as follows:
-1483- 1533A.14 Fees to state treasurer.
2All moneys received by the superintendent from fees,
3licenses, and examinations pursuant to this chapter shall be
4deposited by the superintendent with the treasurer of state for
5deposit in the department of commerce revolving fund created
6in section 546.12.
7 Sec. 2755. Section 533C.902, subsection 1, Code 2023, is
8amended to read as follows:
91. A financial services licensing fund is created as a
10separate fund in the state treasury under the authority of the
11banking division of the department of commerce insurance and
12financial services. Moneys deposited in the fund shall be used
13to pay for staffing necessary to perform examinations, audits,
14and other duties required of the superintendent and the banking
15division under this chapter.
16 Sec. 2756. Section 533D.11, subsection 3, Code 2023, is
17amended to read as follows:
183. The superintendent shall determine the cost of the
19examination or investigation based upon the actual cost of the
20operation of the finance bureau of the banking division of
21the department of commerce insurance and financial services,
22including the proportionate share of administrative expenses
23in the operation of the banking division attributable to the
24finance bureau as determined by the superintendent, incurred
25in the discharge of duties imposed upon the superintendent by
26this chapter.
27 Sec. 2757. Section 535B.1, subsection 1, Code 2023, is
28amended to read as follows:
291. “Administrator” means the superintendent of the division
30of banking of the department of commerce insurance and
31financial services.
32 Sec. 2758. Section 535B.10, subsection 5, paragraph a, Code
332023, is amended to read as follows:
34a. The licensee shall pay the cost of the examination or
35investigation as determined by the administrator based on
-1484-1the actual cost of the operation of the finance bureau of
2the banking division of the department of commerce insurance
3and financial services, including the proportionate share
4of administrative expenses in the operation of the banking
5division attributable to the finance bureau as determined by
6the administrator, incurred in the discharge of duties imposed
7upon the administrator by this chapter.
8 Sec. 2759. Section 535C.11, unnumbered paragraph 1, Code
92023, is amended to read as follows:
10This chapter does not apply to activities or arrangements
11expressly approved or regulated by the department of commerce
12 insurance and financial services.
13 Sec. 2760. Section 535D.11, subsection 2, Code 2023, is
14amended to read as follows:
152. The payment of application and renewal fees for licenses
16through the nationwide mortgage licensing system and registry
17and any additional fees as determined by the superintendent
18based on the actual cost of the operation of the finance bureau
19of the banking division of the department of commerce insurance
20and financial services, including the proportionate share
21of administrative expenses in the operation of the banking
22division attributable to the finance bureau as determined by
23the superintendent, incurred in the discharge of duties imposed
24by this chapter.
25 Sec. 2761. Section 536.10, subsection 3, Code 2023, is
26amended to read as follows:
273. A licensee subject to examination, supervision,
28and regulation by the superintendent shall pay to the
29superintendent an examination fee based on the actual cost
30of the operation of the regulated loan bureau of the banking
31division of the department of commerce insurance and financial
32services and the proportionate share of administrative expenses
33in the operation of the banking division attributable to the
34regulated loan bureau as determined by the superintendent.
35The fee shall apply equally to all licenses and shall not be
-1485-1changed more frequently than annually. A fee change shall be
2effective on January 1 of the year following the year in which
3the change is approved.
4 Sec. 2762. Section 536A.2, subsection 9, Code 2023, is
5amended to read as follows:
69. “Superintendent” means the superintendent of banking
7within the banking division of the department of commerce
8 insurance and financial services.
9 Sec. 2763. Section 536A.15, subsection 4, Code 2023, is
10amended to read as follows:
114. The licensee shall be charged and shall pay the actual
12costs of the examination as determined by the superintendent
13based on the actual cost of the operation of the finance bureau
14of the 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 superintendent incurred in the discharge of the duties
19imposed upon the superintendent by this chapter. Failure to
20pay the examination fee within thirty days of receipt of demand
21from the superintendent shall subject the licensee to a late
22fee of five percent of the amount of the examination fee for
23each day the payment is delinquent.
24 Sec. 2764. Section 537.2501, subsection 2, paragraph b,
25subparagraph (3), unnumbered paragraph 1, Code 2023, is amended
26to read as follows:
27The premium rates have been affirmatively approved by the
28insurance division of the department of commerce insurance and
29financial services. In approving or establishing the rates,
30the division shall review the insurance company’s actuarial
31data to assure that the rates are fair and reasonable. The
32insurance commissioner shall either hire or contract with a
33qualified actuary to review the data. The insurance division
34shall obtain reimbursement from the insurance company for the
35cost of the actuarial review prior to approving the rates.
-1486-1In addition, the rates shall be made in accordance with the
2following provisions:
3 Sec. 2765. Section 546.1, subsections 1 and 2, Code 2023,
4are amended to read as follows:
51. “Department” means the department of commerce insurance
6and financial services.
72. “Director” means the director of the department of
8commerce insurance and financial services.
9 Sec. 2766. Section 546.2, subsections 1, 2, and 3, Code
102023, are amended to read as follows:
111. A department of commerce insurance and financial
12services is created to coordinate and administer the various
13regulatory, service, and licensing functions of the state
14relating to the conducting of business or commerce in the
15state.
162. The chief administrative officer of the department is the
17director. The director shall be appointed by the governor from
18among those individuals who serve as heads of the divisions
19within the department the commissioner of insurance appointed
20pursuant to section 505.2. A division head appointed to be the
21 The director shall fulfill the responsibilities and duties of
22the director of the department in addition to the individual’s
23 director’s responsibilities and duties as the head of a the
24insurance division. The director shall serve at the pleasure
25of the governor. If the office of director becomes vacant,
26the vacancy shall be filled in the same manner as the original
27appointment was made.
283. The department is administratively organized into the
29following divisions:
30a. Banking.
31b. Credit union.
32c. Utilities.
33d. c. Insurance.
34e. Alcoholic beverages.
35 Sec. 2767. Section 546.12, Code 2023, is amended to read as
-1487-1follows:
2546.12 Department of insurance and financial services
3 commerce revolving fund.
41. A department of commerce revolving fund is created in
5the state treasury. The fund shall consist of moneys collected
6by the banking division; credit union division; utilities
7division board, including moneys collected on behalf of the
8office of consumer advocate established in section 475A.3;
9and the insurance division of the department; and deposited
10into an account for that division, board, or office within
11the fund on a monthly basis. Except as otherwise provided
12by statute, all costs for operating the office of consumer
13advocate and the banking division, the credit union division,
14the utilities division board, and the insurance division of the
15department shall be paid from the division’s accounts within
16the fund, subject to appropriation by the general assembly.
17The insurance division shall administer the fund and all other
18divisions shall work with the insurance division to make sure
19the fund is properly accounted and reported to the department
20of management and the department of administrative services.
21The divisions shall provide quarterly reports to the department
22of management and the legislative services agency on revenues
23billed and collected and expenditures from the fund in a format
24as determined by the department of management in consultation
25with the legislative services agency.
262. To meet cash flow needs for the office of consumer
27advocate and the banking division, credit union division,
28utilities division board, or the insurance division of the
29department, the administrative head of that division, board,
30 or office may temporarily use funds from the general fund of
31the state to pay expenses in excess of moneys available in
32the revolving fund for that division, board, or office if
33those additional expenditures are fully reimbursable and the
34division, board, or office reimburses the general fund of the
35state and ensures all moneys are repaid in full by the close
-1488-1of the fiscal year. Notwithstanding any provision to the
2contrary, the divisions shall, to the fullest extent possible,
3make an estimate of billings and make such billings as early as
4possible in each fiscal year, so that the need for the use of
5general fund moneys is minimized to the lowest extent possible.
6Periodic billings shall be deemed sufficient to satisfy this
7requirement. Because any general fund moneys used shall be
8fully reimbursed, such temporary use of funds from the general
9fund of the state shall not constitute an appropriation for
10purposes of calculating the state general fund expenditure
11limitation pursuant to section 8.54.
123. Section 8.33 does not apply to any moneys credited or
13appropriated to the commerce revolving fund from any other
14fund.
154. The establishment of the commerce revolving fund
16pursuant to this section shall not be interpreted in any
17manner to compromise or impact the accountability of, or limit
18authority with respect to, an agency or entity under state
19law. Any provision applicable to, or responsibility of, a
20division, board, or office collecting moneys for deposit into
21the fund established pursuant to this section shall not be
22altered or impacted by the existence of the fund and shall
23remain applicable to the same extent as if the division, board,
24 or office were receiving moneys pursuant to a general fund
25appropriation. The divisions of the department of commerce
26 insurance and financial services shall comply with directions
27by the governor to executive branch departments regarding
28restrictions on out-of-state travel, hiring justifications,
29association memberships, equipment purchases, consulting
30contracts, and any other expenditure efficiencies that the
31governor deems appropriate.
32 Sec. 2768. Section 714E.6, subsection 4, Code 2023, is
33amended to read as follows:
344. Notwithstanding any other provision of this section,
35an action shall not be brought on the basis of a violation of
-1489-1this chapter, except by an owner against whom the violation was
2committed or by the attorney general. This limitation does not
3apply to administrative action by either the attorney general
4or the superintendent of the banking division of the department
5of commerce insurance and financial services.
6 Sec. 2769. Section 714F.8, subsection 3, paragraph b,
7subparagraph (1), Code 2023, is amended to read as follows:
8(1) Make a payment to the foreclosed homeowner such that the
9foreclosed homeowner has received consideration in an amount
10of at least eighty-two percent of the fair market value of the
11property, as the property was when the foreclosed homeowner
12vacated the property, within ninety days of either the eviction
13or voluntary relinquishment of possession of the property by
14the foreclosed homeowner. The foreclosure purchaser shall make
15a detailed accounting of the basis for the payment amount, or
16a detailed accounting of the reasons for failure to make a
17payment, including providing written documentation of expenses,
18within this ninety-day period. The accounting shall be on a
19form prescribed by the attorney general, in consultation with
20the superintendent of the banking division of the department of
21commerce insurance and financial services without being subject
22to the rulemaking procedures of chapter 17A.
23 Sec. 2770. Section 714F.8, subsection 3, paragraph b,
24subparagraph (2), subparagraph division (b), Code 2023, is
25amended to read as follows:
26(b) The time for determining the fair market value amount
27shall be determined in the foreclosure reconveyance contract
28as either at the time of the execution of the foreclosure
29reconveyance contract or at resale. If the contract states
30that the fair market value shall be determined at the time
31of resale, the fair market value shall be the resale price
32if it is sold within sixty days of the eviction or voluntary
33relinquishment of the property by the foreclosed homeowner.
34If the contract states that the fair market value shall
35be determined at the time of resale, and the resale is not
-1490-1completed within sixty days of the eviction or voluntary
2relinquishment of the property by the foreclosed homeowner, the
3fair market value shall be determined by an appraisal conducted
4within one hundred eighty days of the eviction or voluntary
5relinquishment of the property by the foreclosed homeowner
6and payment, if required, shall be made to the foreclosed
7homeowner, but the fair market value shall be recalculated as
8the resale price on resale and an additional payment amount,
9if appropriate, based on the resale price, shall be made to
10the foreclosed homeowner within fifteen days of resale, and
11a detailed accounting of the basis for the payment amount,
12or a detailed accounting of the reasons for failure to make
13additional payment, shall be made within fifteen days of
14resale, including providing written documentation of expenses.
15The accounting shall be on a form prescribed by the attorney
16general, in consultation with the superintendent of the banking
17division of the department of commerce insurance and financial
18services, without being subject to the rulemaking procedures
19of chapter 17A.
20 Sec. 2771. Section 714F.9, subsection 1, Code 2023, is
21amended to read as follows:
221. Remedies. A violation of this chapter is an unlawful
23practice pursuant to section 714.16, and all the remedies of
24section 714.16 are available for such an action. A private
25cause of action brought under this chapter by a foreclosed
26homeowner is in the public interest. A foreclosed homeowner
27may bring an action for a violation of this chapter. If
28the court finds a violation of this chapter, the court shall
29award to the foreclosed homeowner actual damages, appropriate
30equitable relief, and the costs of the action, and shall
31award reasonable fees to the foreclosed homeowner’s attorney.
32Notwithstanding any other provision of this section, an action
33shall not be brought on the basis of a violation of this
34chapter except by a foreclosed homeowner against whom the
35violation was committed or by the attorney general. This
-1491-1limitation does not apply to administrative action by the
2superintendent of the banking division of the department of
3commerce insurance and financial services.
4 Sec. 2772. REPEAL. Section 524.202, Code 2023, is repealed.
5DIVISION XVI
6DEPARTMENT OF CORRECTIONS — JUDICIAL DISTRICT DEPARTMENTS OF
7CORRECTIONAL SERVICES AND COMMUNITY-BASED CORRECTIONAL PROGRAMS
8 Sec. 2773. Section 7E.5, subsection 1, paragraph n, Code
92023, is amended to read as follows:
10n. The department of corrections, created in section
11904.102, which has primary responsibility for corrections
12administration, corrections institutions, prison industries,
13judicial district departments of correctional services and
14the development, funding, and monitoring of community-based
15corrections programs.
16 Sec. 2774. Section 8D.2, subsection 5, paragraph a, Code
172023, is amended to read as follows:
18a. “Public agency” means a state agency, an institution
19under the control of the board of regents, the judicial
20branch as provided in section 8D.13, subsection 14, a school
21corporation, a city library, a county library as provided in
22chapter 336, or a judicial district department of correctional
23services established in section 905.2, to the extent provided
24in section 8D.13, subsection 12, an agency of the federal
25government, or a United States post office which receives a
26federal grant for pilot and demonstration projects.
27 Sec. 2775. Section 80D.1, subsection 1, Code 2023, is
28amended to read as follows:
291. The governing body of a city, a county, the state
30of Iowa, or a judicial district department of correctional
31services the Iowa department of corrections may provide, either
32separately or collectively through a chapter 28E agreement, for
33the establishment of a force of reserve peace officers, and may
34limit the size of the reserve force. In the case of the state,
35the department of public safety shall act as the governing
-1492-1body.
2 Sec. 2776. Section 80D.6, subsection 1, Code 2023, is
3amended to read as follows:
41. Reserve peace officers shall serve as peace officers
5on the orders and at the discretion of the chief of police,
6sheriff, commissioner of public safety or the commissioner’s
7designee, or director of the judicial district department of
8correctional services Iowa department of corrections or the
9director’s designee, as the case may be.
10 Sec. 2777. Section 80D.7, Code 2023, is amended to read as
11follows:
1280D.7 Carrying weapons.
13A member of a reserve force shall not carry a weapon in
14the line of duty until the member has been approved by the
15governing body and certified by the Iowa law enforcement
16academy council to carry weapons. After approval and
17certification, a reserve peace officer may carry a weapon in
18the line of duty only when authorized by the chief of police,
19sheriff, commissioner of public safety or the commissioner’s
20designee, or director of the judicial district department of
21correctional services Iowa department of corrections or the
22director’s designee, as the case may be.
23 Sec. 2778. Section 80D.9, Code 2023, is amended to read as
24follows:
2580D.9 Supervision of reserve peace officers.
261. Reserve peace officers shall be subordinate to regular
27peace officers, shall not serve as peace officers unless
28under the direction of regular peace officers, and shall
29wear a uniform prescribed by the chief of police, sheriff,
30commissioner of public safety, or director of the judicial
31district department of correctional services Iowa department of
32corrections unless that superior officer designates alternate
33apparel for use when engaged in assignments involving special
34investigation, civil process, court duties, jail duties, and
35the handling of mental patients. The reserve peace officer
-1493-1shall not wear an insignia of rank.
22. Each department for which a reserve force is established
3shall appoint a certified peace officer as the reserve force
4coordinating and supervising officer. A reserve peace
5officer force established in a judicial district department of
6correctional services by the Iowa department of corrections
7 must be directly supervised by a certified peace officer who is
8on duty. That certified peace officer shall report directly
9to the chief of police, sheriff, commissioner of public safety
10or the commissioner’s designee, or director of the judicial
11district department of correctional services Iowa department of
12corrections or the director’s designee, as the case may be.
13 Sec. 2779. Section 80D.11, Code 2023, is amended to read as
14follows:
1580D.11 Employee — pay.
16While performing official duties, each reserve peace officer
17shall be considered an employee of the governing body which the
18officer represents and shall be paid a minimum of one dollar
19per year. The governing body of a city, a county, the state,
20or a judicial district department of correctional services the
21Iowa department of corrections may provide additional monetary
22assistance for the purchase and maintenance of uniforms and
23equipment used by reserve peace officers.
24 Sec. 2780. Section 97B.49B, subsection 1, paragraph e,
25subparagraph (14), Code 2023, is amended to read as follows:
26(14) An employee of a judicial district the Iowa department
27of correctional services corrections whose condition of
28employment requires the employee to be certified by the Iowa
29law enforcement academy and who is required to perform the
30duties of a parole officer as provided in section 906.2.
31 Sec. 2781. Section 97B.49B, subsection 3, paragraph f, Code
322023, is amended by striking the paragraph.
33 Sec. 2782. Section 331.211, subsection 1, Code 2023, is
34amended to read as follows:
351. The board, at its first meeting in each year, shall:
-1494- 1a. Organize by choosing choose one of its members as
2chairperson who shall preside at all of its meetings during the
3year. The board may also select a vice chairperson who shall
4serve during the absence of the chairperson.
5b. Choose one of its members to be a member of the board of
6directors of the judicial district department of correctional
7services as provided in section 905.3, subsection 1, paragraph
8“a”, subparagraph (1).
9 Sec. 2783. Section 331.321, subsection 1, paragraph x, Code
102023, is amended by striking the paragraph.
11 Sec. 2784. Section 904.108, subsection 1, paragraph l, Code
122023, is amended to read as follows:
13l. Adopt rules, policies, and procedures, subject to
14the approval of the board, pertaining to community-based
15correctional programs, and the supervision of parole and work
16release.
17 Sec. 2785. NEW SECTION. 904.301A Appointment of directors.
18The director shall appoint, subject to the approval of the
19board, a director for each judicial district department of
20correctional services established in section 905.2.
21 Sec. 2786. Section 905.1, Code 2023, is amended to read as
22follows:
23905.1 Definitions.
24As used in this chapter, unless the context otherwise
25requires:
261. “Administrative agent” means the county selected by the
27district board to perform accounting, budgeting, personnel,
28facilities management, insurance, payroll and other supportive
29services on the behalf of the district board, or the district
30department itself, if so designated by the district board.
312. 1. “Community-based correctional program” means
32correctional programs and services, under the direction of a
33director and the Iowa department of corrections, including
34but not limited to an intermediate criminal sanctions program
35in accordance with the corrections continuum in section
-1495-1901B.1, designed to supervise and assist individuals who
2are charged with or have been convicted of a felony, an
3aggravated misdemeanor or a serious misdemeanor, or who
4are on probation or parole in lieu of or as a result of a
5sentence of incarceration imposed upon conviction of any
6of these offenses, or who are contracted to the district
7department for supervision and housing while on work release.
8A community-based correctional program shall be designed by a
9district department, under the direction and control of the
10Iowa department of corrections, in a manner that provides
11services in a manner free of disparities based upon an
12individual’s race or ethnic origin.
133. 2. “Director” means the director of a judicial district
14department of correctional services, appointed by the director
15of the Iowa department of corrections, and employed by the Iowa
16department of corrections.
174. 3. “District advisory board” means the advisory board
18of directors of a judicial district department of correctional
19services.
205. 4. “District department” means a judicial district
21department of correctional services, under the direction and
22control of the Iowa department of corrections, established as
23required by section 905.2.
246. “Project” means a locally functioning part of a
25community-based correctional program, officed and operating in
26a physical location separate from the offices of the district
27department.
287. “Project advisory committee” means a committee of no more
29than seven persons which shall act in an advisory capacity to
30the director on matters pertaining to the planning, operation,
31and other pertinent functions of each project in the judicial
32district. The members of the project advisory committee for
33each project shall be initially appointed by the director
34from among the general public. Not more than one half of the
35project advisory committee shall hold public office or public
-1496-1employment during membership on the committee. A person who
2holds public office as a county supervisor and serves on the
3board of directors under section 905.3 shall not be a member of
4a project advisory committee under this section. The terms of
5the initial members of the project advisory committee shall be
6staggered to permit the terms of just over half of the members
7to expire in two years and those of the remaining members to
8expire in one year. Subsequent appointments to the project
9advisory committee shall be by vote of a majority of the whole
10project advisory committee for two-year terms.
11 Sec. 2787. Section 905.2, Code 2023, is amended to read as
12follows:
13905.2 District departments established.
141. There is established in each judicial district in this
15state a public agency to be known as the “........judicial
16district department of correctional services.” Each district
17department shall furnish or contract for those services
18necessary to provide a community-based correctional program
19which meets the needs of that judicial district requirements of
20the Iowa department of corrections.
212. The district department is under the direction of a
22board of directors the Iowa department of corrections, selected
23as provided in section 905.3, and shall be administered by a
24director employed by the board Iowa department of corrections.
25A district department is a state agency for purposes of chapter
26669.
273. All employees of a district department shall be employees
28of the Iowa department of corrections.
29 Sec. 2788. Section 905.3, Code 2023, is amended to read as
30follows:
31905.3 Board of directors — executive committee District
32advisory board — expenses reimbursed.
331. a. The board of directors of A district advisory board
34is established for each district department, which shall serve
35in an advisory capacity to a director without compensation, and
-1497-1 shall be composed as follows:
2(1) One member shall be chosen appointed annually by a
3director from and by the board of supervisors of each county
4in the judicial district and shall be so designated annually
5by the respective boards of supervisors at the organizational
6meetings held under section 331.211.
7(2) One member shall be chosen from each of the project
8advisory committees within the judicial district, which person
9shall be designated annually, no later than January 15, by and
10from the project advisory committee. However, in lieu of the
11designation of project advisory committee members as members of
12the district board, the district board may The director shall
13 on or before December 31 appoint two citizen members to serve
14on the district advisory board for the following calendar year.
15(3) A number of members equal to the number of authorized
16board members from project advisory committees or equal to the
17number of citizen members shall be appointed by the chief judge
18of the judicial district no later than January 15 of each year
19 on or before December 31 to serve on the district advisory
20board for the following calendar year.
21b. Within thirty days after the members of the district
22board have been so designated for the year, the district
23board shall organize by election of a chairperson, a vice
24chairperson, and members of the executive committee as required
25by subsection 2. The district advisory board shall meet at
26least not more often than quarterly during the calendar year
27but may meet more frequently upon the call of the chairperson
28or upon a call signed by a majority, determined by weighted
29vote computed as in subsection 4, of the members of the board.
302. Each district board shall have an executive committee
31consisting of the chairperson and vice chairperson and at
32least one but no more than five other members of the district
33board. Either the chairperson or the vice chairperson shall
34be a supervisor, and the remaining representation on the
35executive committee shall be divided as equally as possible
-1498-1among supervisor members, project advisory committee members
2or citizen members, and judicially appointed members. The
3executive committee may exercise all of the powers and
4discharge all of the duties of the district board, as
5prescribed by this chapter, except those specifically withheld
6from the executive committee by action of the district board.
73. 2. The members of the district advisory board and of
8the executive committee shall be reimbursed from funds of the
9district department for travel and other expenses necessarily
10incurred in attending meetings of those bodies, or while
11otherwise engaged on business of the district department.
124. Each member of the district board shall have one vote
13on the board. However, upon the request of any supervisory
14member, the vote on any matter before the board shall be
15taken by weighted vote. In each such case, the vote of the
16supervisor representative of the least populous county in the
17judicial district shall have a weight of one unit, and the vote
18of each of the other supervisor members shall have a weight
19which bears the same proportion to one unit as the population
20of the county that supervisor member represents bears to the
21population of the least populous county in the district. In
22the event of weighted vote, the vote of each member appointed
23from a project advisory committee or of each citizen member and
24of each judicially appointed member shall have a weight of one
25unit.
26 Sec. 2789. Section 905.4, Code 2023, is amended to read as
27follows:
28905.4 Duties of the district advisory board.
29The district advisory board shall:
301. Adopt bylaws and rules for the conduct of its own
31business and for the government of the district department’s
32community-based correctional program.
332. Employ a director having the qualifications required by
34section 905.6 to head the district department’s community-based
35correctional program and, within a range established by the
-1499-1Iowa department of corrections, fix the compensation of and
2have control over the director and the district department’s
3staff. For purposes of collective bargaining under chapter
420, employees of the district board who are not exempt from
5chapter 20 are employees of the state, and the employees of all
6of the district boards shall be included within one collective
7bargaining unit.
83. Designate one of the counties in the judicial district
9to serve as the district department’s administrative agent
10to provide, in that capacity, all accounting, personnel,
11facilities management and supportive services needed by the
12district department, on terms mutually agreeable in regard
13to advancement of funds to the county for the added expense
14it incurs as a result of being so designated. However, the
15district board may designate the district department itself as
16the district department’s administrative agent, if the district
17board determines that it would be more efficient and less
18costly than designating a county as the administrative agent.
194. File with the board of supervisors of each county in the
20district and with the Iowa department of corrections, within
21ninety days after the close of each fiscal year, a report
22covering the district board’s proceedings and a statement of
23receipts and expenditures during the preceding fiscal year.
245. 2. Arrange for, by contract or on such alternative
25basis as may be mutually acceptable, and equip Advise the
26director concerning suitable quarters at one or more sites in
27the district as may be necessary for the district department’s
28community-based correctional program, provided that the
29board shall to the greatest extent feasible utilize existing
30facilities and shall keep capital expenditures for acquisition,
31renovation and repair of facilities to a minimum. The
32district board shall not enter into lease-purchase agreements
33for the purposes of constructing, renovating, expanding, or
34otherwise improving a community-based correctional facility or
35office unless express authorization has been granted by the
-1500-1general assembly, and current funding is adequate to meet the
2lease-purchase obligation.
36. Have authority to accept property by gift, devise,
4bequest or otherwise and to sell or exchange any property
5so accepted and apply the proceeds thereof, or the property
6received in exchange therefor, to the purposes enumerated in
7subsection 5.
87. 3. Recruit, and promote, accept and use local financial
9support for the district department’s community-based
10correctional program from private sources such as community
11service funds, business, industrial and private foundations,
12voluntary agencies and other lawful sources.
138. Accept and expend state and federal funds available
14directly to the district department for all or any part of the
15cost of its community-based correctional program.
169. Arrange, by contract or on an alternative basis mutually
17acceptable, and with approval of the director of the Iowa
18department of corrections or that director’s designee for
19utilization of existing local treatment and service resources,
20including but not limited to employment, job training,
21general, special, or remedial education; psychiatric and
22marriage counseling; and alcohol and drug abuse treatment and
23counseling. It is the intent of this chapter that a district
24board shall approve the development and maintenance of such
25resources by its own staff only if the resources are otherwise
26unavailable to the district department within reasonable
27proximity to the community where these services are needed in
28connection with the community-based correctional program.
2910. Establish a project advisory committee to act in an
30advisory capacity on matters pertaining to the planning,
31operation, and other pertinent functions of each project in the
32judicial district.
3311. Have authority to establish a force of reserve peace
34officers, either separately or collectively through a chapter
3528E agreement, as provided in chapter 80D.
-1501-1 Sec. 2790. Section 905.6, Code 2023, is amended to read as
2follows:
3905.6 Duties of director.
4The director employed by the district board under section
5905.4, subsection 2, Iowa department of corrections shall be
6qualified in the administration of correctional programs. The
7director shall:
81. Perform the duties and have the responsibilities
9delegated by the district board or specified by the Iowa
10department of corrections pursuant to this chapter.
112. Manage the district department’s community-based
12correctional program, in accordance with the policies of the
13district board and the Iowa department of corrections.
143. Employ, with approval of the district board Iowa
15department of corrections, and supervise the employees of the
16district department, including reserve peace officers, if a
17force of reserve peace officers has been established.
184. Prepare all budgets and fiscal documents, and certify
19for payment all expenses and payrolls lawfully incurred by
20the district department. The director may invest funds which
21are not needed for current expenses, jointly with one or more
22cities, city utilities, counties, or rural water districts
23created under chapter 357A pursuant to a joint investment
24agreement. All investment of funds shall be subject to
25sections 12B.10 and 12B.10A and other applicable law.
265. Act as secretary to the district advisory board, prepare
27its agenda and record its proceedings. The district shall
28provide a copy of minutes from each meeting of the district
29advisory board to the legislative services agency.
306. Develop and submit to the district board Iowa department
31of corrections a plan for the establishment, implementation,
32and operation of a community-based correctional program in that
33judicial district, which program conforms to the guidelines
34drawn up by the Iowa department of corrections under this
35chapter and which conform to rules, policies, and procedures
-1502-1pertaining to the supervision of parole and work release
2adopted by the director of the Iowa department of corrections
3concerning the community-based correctional program.
47. Negotiate and, upon approval by the district board
5 Iowa department of corrections, implement contracts or other
6arrangements for utilization of local treatment and service
7resources authorized by section 905.4, subsection 9 15.
88. Administer the batterers’ treatment program for domestic
9abuse offenders required in section 708.2B.
109. Notify the board of parole, thirty days prior to release,
11of the release from a residential facility operated by the
12district department of a person serving a sentence under
13section 902.12.
1410. File with the director of the Iowa department of
15corrections, within ninety days after the close of each
16fiscal year, a report covering the district advisory board’s
17proceedings and a statement of receipts and expenditures during
18the preceding fiscal year.
1911. Arrange for, upon approval of the Iowa department of
20corrections, by contract or on such alternative basis as may
21be mutually acceptable, and equip suitable quarters at one or
22more sites in the district as may be necessary for the district
23department’s community-based correctional program, provided
24that the director shall to the greatest extent feasible utilize
25existing facilities and shall keep capital expenditures for
26acquisition, renovation, and repair of facilities to a minimum.
27The director shall not enter into lease-purchase agreements
28for the purposes of constructing, renovating, expanding, or
29otherwise improving a community-based correctional facility or
30office unless express authorization has been granted by the
31general assembly, and current funding is adequate to meet the
32lease-purchase obligation.
3312. Have authority to accept property by gift, devise,
34bequest, or otherwise, and to sell or exchange any property
35so accepted and apply the proceeds thereof, or the property
-1503-1received in exchange therefor, to the purposes enumerated in
2subsection 11.
313. Recruit, promote, accept, and use local financial
4support for the district department’s community-based
5correctional program from private sources such as community
6service funds, business, industrial and private foundations,
7voluntary agencies, and other lawful sources.
814. Accept and expend state and federal funds available
9directly to the district department for all or any part of the
10cost of its community-based correctional program.
1115. Arrange, by contract or on an alternative basis mutually
12acceptable, and with approval of the director of the Iowa
13department of corrections or that director’s designee for
14utilization of existing local treatment and service resources,
15including but not limited to employment, job training,
16general, special, or remedial education; psychiatric and
17marriage counseling; and alcohol and drug abuse treatment and
18counseling.
1916. Have authority to establish a force of reserve peace
20officers, either separately or collectively through a chapter
2128E agreement, as provided in chapter 80D.
22 Sec. 2791. Section 905.9, Code 2023, is amended to read as
23follows:
24905.9 Report of review — sanction.
25Upon completion of a review of a district community-based
26correctional program, made under section 905.8, the Iowa
27department of corrections shall submit its findings to the
28district advisory board in writing. If the Iowa department
29of corrections concludes that the district department’s
30community-based correctional program fails to meet any of the
31requirements of this chapter and of the guidelines adopted
32under section 905.7, it shall also request in writing a
33response to this finding from the district advisory board.
34If a response is not received within sixty days after the
35date of that request, or if the response is unsatisfactory,
-1504-1the Iowa department of corrections may call a public hearing
2on the matter. If after the hearing, the Iowa department
3of corrections is not satisfied that the district’s
4community-based correctional program will expeditiously be
5brought into compliance with the requirements of this chapter
6and of the guidelines adopted under section 905.7, it may
7assume responsibility for administration of the district’s
8community-based correctional program on an interim basis.
9 Sec. 2792. REPEAL. Section 905.5, Code 2023, is repealed.
10 Sec. 2793. TRANSITION PROVISIONS.
111. Any rule promulgated by a district board of a judicial
12district department of correctional services as required to
13administer and enforce the provisions of chapter 905 shall
14continue in full force and effect until amended, repealed, or
15supplemented by affirmative action of the Iowa department of
16corrections.
172. Any contract entered into by a district board of a
18judicial district department of correctional services relating
19to the provisions of chapter 905 in effect on the effective
20date of this Act shall continue in full force and effect
21pending transfer of such contract to the Iowa department of
22corrections.
233. Any moneys remaining in any account or fund under the
24control of a district board of a judicial district department
25of correctional services on the effective date of this division
26of this Act and relating to the provisions of this division of
27this Act shall be transferred to a comparable fund or account
28under the control of the Iowa department of corrections.
29Notwithstanding section 8.33, the moneys transferred in
30accordance with this subsection shall not revert to the account
31or fund from which appropriated or transferred.
32 Sec. 2794. TRANSITION — APPOINTMENT AND TERM OF DISTRICT
33BOARD MEMBERS. This division of this Act shall not affect the
34appointment or term of a member serving on a district board
35of a judicial district department of correctional services
-1505-1immediately prior to the effective date of this division of
2this Act.
3 Sec. 2795. APPLICABILITY — VIOLATION OF CONDITIONS OF
4PAROLE OR PROBATION.
51. This division of this Act shall not be construed to
6affect a district department, probation officer, or parole
7officer’s authority, having probable cause, to arrest a person
8on probation or parole that is believed to have violated the
9conditions of supervision, consistent with sections 907.2,
10907.6, 908.1, and 908.11, and any administrative rules
11promulgated thereunder.
122. This division of this Act shall not be construed to
13affect a district department’s ability to establish probation
14conditions that meet the approval of the chief judge of the
15district, consistent with section 907.6 and any administrative
16rules promulgated thereunder.
173. This division of this Act shall not be construed to
18affect the authority of the board of parole to establish and
19approve standard parole conditions.
20DIVISION XVII
21BOARD OF PAROLE
22 Sec. 2796. Section 904A.1, Code 2023, is amended to read as
23follows:
24904A.1 Board of parole — organization.
251. The board of parole is created to consist of five
26members. Each member, except the chairperson and the vice
27chairperson, shall be compensated on a day-to-day basis shall
28be appointed by the governor subject to confirmation by the
29senate. Each member shall serve a term of four years beginning
30and ending as provided by section 69.19, except for members
31appointed to fill vacancies who shall serve for the balance
32of the unexpired term. The terms shall be staggered. The
33chairperson and vice chairperson All members of the board shall
34be full-time, salaried members of the board. A majority of the
35members of the board constitutes a quorum to transact business.
-1506- 12. The governor shall appoint a member of the board as
2the chairperson of the board, subject to confirmation by the
3senate. The appointment as chairperson shall serve at the
4pleasure of the governor.
5 Sec. 2797. Section 904A.6, Code 2023, is amended to read as
6follows:
7904A.6 Salaries and expenses.
8Each member, except the chairperson and the vice
9chairperson, of the board shall be paid per diem as determined
10by the general assembly. The chairperson and vice chairperson
11 of the board shall be paid a salary as determined by the
12general assembly. Each member of the board and all employees
13are entitled to receive, in addition to their per diem or
14 salary, their necessary maintenance and travel expenses while
15engaged in official business.
16 Sec. 2798. REPEAL. Sections 904A.2A and 904A.3, Code 2023,
17are repealed.
18 Sec. 2799. TRANSITION — APPOINTMENT AND TERM OF BOARD OF
19PAROLE MEMBERS. This division of this Act shall not affect the
20appointment or term of a member serving on the board of parole
21immediately prior to the effective date of this division of
22this Act.
23DIVISION XVIII
24SALARIES OF APPOINTED STATE OFFICERS
25 Sec. 2800. APPOINTED STATE OFFICERS — SALARY RANGES.
261. Unless otherwise provided by law, the governor shall
27establish a salary for nonelected persons appointed by the
28governor within the executive branch of state government.
29In establishing a salary for a person holding a position
30enumerated in subsection 3 within the range provided, the
31governor may consider, among other items, the experience of
32the person in the position, changes in the duties of the
33position, the incumbent’s performance of assigned duties,
34and subordinates’ salaries. However, the attorney general
35shall establish the salary of the consumer advocate, the
-1507-1chief justice of the supreme court shall establish the salary
2of the state court administrator, the ethics and campaign
3disclosure board shall establish the salary of the executive
4director, the Iowa public information board shall establish
5the salary of the executive director, the board of regents
6shall establish the salary of the executive director, and the
7Iowa public broadcasting board shall establish the salary of
8the administrator of the public broadcasting division of the
9department of education, each within the salary range provided
10in subsection 3.
112. A person whose salary is established pursuant to this
12section and who is a full-time, year-round employee of the
13state shall not receive any other remuneration from the state
14or from any other source for the performance of that person’s
15duties unless the additional remuneration is first approved by
16the governor or authorized by law. However, this subsection
17does not apply to reimbursement for necessary travel and
18expenses incurred in the performance of duties or fringe
19benefits normally provided to employees of the state.
203. a. The following annual salary ranges for appointed
21state officers are effective for the positions specified in
22this subsection for the fiscal year beginning July 1, 2023,
23effective for the pay period beginning June 23, 2023, and
24for subsequent fiscal years until otherwise provided by the
25general assembly. The governor or other person designated
26in subsection 1 shall determine the salary to be paid to the
27person indicated at a rate within the applicable salary range
28from moneys appropriated by the general assembly for that
29purpose.
30SALARY RANGE Minimum Maximum
31(1) Range 4 $ 63,690 $ 97,460
32(2) Range 5 $ 73,250 $112,070
33(3) Range 6 $ 84,240 $128,890
34(4) Range 7 $100,840 $154,300
35b. The following are range 4 positions: chairperson and
-1508-1members of the employment appeal board of the department of
2inspections, appeals, and licensing, director of the Iowa state
3civil rights commission, director of the department for the
4blind, executive director of the ethics and campaign disclosure
5board, executive director of the Iowa public information board,
6and chairperson, vice chairperson, and members of the board of
7parole.
8c. The following are range 5 positions: state public
9defender, labor commissioner, workers’ compensation
10commissioner, director of the law enforcement academy, and
11executive director of the public employment relations board.
12d. The following are range 6 positions: superintendent of
13banking, superintendent of credit unions, consumer advocate,
14and chairperson and members of the utilities board.
15e. The following are range 7 positions: administrator
16of the public broadcasting division of the department of
17education, executive director of the Iowa telecommunications
18and technology commission, executive director of the state
19board of regents, lottery administrator of the department of
20revenue, and state court administrator.
21 Sec. 2801. Section 8A.102, subsection 2, Code 2023, is
22amended to read as follows:
232. The person appointed as director shall be professionally
24qualified by education and have no less than five years’
25experience in the field of management, public or private sector
26personnel administration including the application of merit
27principles in employment, financial management, and policy
28development and implementation. The appointment shall be made
29without regard for political affiliation. The director shall
30not be a member of any local, state, or national committee
31of a political party, an officer or member of a committee in
32any partisan political club or organization, or hold or be a
33candidate for a paid elective public office. The director is
34subject to the restrictions on political activity provided
35in section 8A.416. The governor shall set the salary of the
-1509-1director within pay grade nine.
2 Sec. 2802. Section 80.2, Code 2023, is amended to read as
3follows:
480.2 Commissioner — appointment.
5The chief executive officer of the department of public
6safety is the commissioner of public safety. The governor
7shall appoint, subject to confirmation by the senate, a
8commissioner of public safety, who shall be a person of
9high moral character, of good standing in the community in
10which the commissioner lives, of recognized executive and
11administrative capacity, and who shall not be selected on the
12basis of political affiliation. The commissioner of public
13safety shall devote full time to the duties of this office; the
14commissioner shall not engage in any other trade, business, or
15profession, nor engage in any partisan or political activity.
16The commissioner shall serve at the pleasure of the governor,
17at an annual salary as fixed by the general assembly.
18 Sec. 2803. Section 84A.1, subsection 2, paragraph b, Code
192023, is amended to read as follows:
20b. The governor shall set the salary of the director
21within the applicable salary range established by the general
22assembly.
23 Sec. 2804. Section 256.10, subsection 1, Code 2023, is
24amended to read as follows:
251. The salary of the director shall be fixed by the governor
26within a range established by the general assembly.
27 Sec. 2805. Section 307.11, subsection 2, Code 2023, is
28amended to read as follows:
292. The director shall receive a salary as fixed by the
30governor within a salary range set by the general assembly.
31 Sec. 2806. Section 455A.3, Code 2023, is amended to read as
32follows:
33455A.3 Director — qualifications.
34The chief administrative officer of the department is
35the director who shall be appointed by the governor, subject
-1510-1to confirmation of the senate, and serve at the governor’s
2pleasure. The governor shall make the appointment based on
3the appointee’s training, experience, and capabilities. The
4director shall be knowledgeable in the general field of natural
5resource management and environmental protection. The salary
6of the director shall be fixed by the governor within salary
7guidelines or a range established by the general assembly.
8 Sec. 2807. EFFECTIVE DATE. This division of this Act takes
9effect June 23, 2023.
10DIVISION XIX
11BOARDS AND COMMISSIONS
12 Sec. 2808. BOARDS AND COMMISSIONS REVIEW COMMITTEE —
13REPORT.
141. A boards and commissions review committee shall be
15established to study the efficiency and effectiveness of each
16board, council, commission, committee, or other similar entity
17of the state established by the Code. The committee shall
18evaluate the extent to which the goals and objectives of those
19entities are currently being met and make recommendations for
20the continuation, elimination, consolidation, or reorganization
21of those entities as needed.
222. The committee shall consist of six voting members and
23four ex officio, nonvoting members.
24a. The voting members of the committee shall be composed of
25all of the following:
26(1) One staff member of the governor’s office, appointed by
27the governor.
28(2) The administrative rules coordinator or the
29coordinator’s designee.
30(3) The director of the department of management or the
31director’s designee.
32(4) The director of the department of inspections, appeals,
33and licensing or the director’s designee.
34(5) One assistant attorney general, appointed by the
35governor upon recommendation of the attorney general.
-1511- 1(6) One member of the public, appointed by the governor.
2b. The ex officio, nonvoting members of the committee shall
3be two state representatives, one appointed by the speaker of
4the house of representatives and one by the minority leader
5of the house of representatives, and two state senators, one
6appointed by the majority leader of the senate and one by the
7minority leader of the senate.
83. The office of the governor shall provide staffing for
9the committee. The committee may seek the expertise and
10services of individuals or entities outside of its membership
11for research, advice, consultation, support, or other needs in
12furtherance of its responsibilities.
134. The committee shall submit a report containing its
14findings and recommendations to the governor and the general
15assembly on or before September 30, 2023.
165. All departments, agencies, boards, councils,
17commissions, committees, or other similar entity of the
18state established by the Code shall cooperate fully with the
19committee in its review process.
206. This section is repealed January 1, 2024.
21DIVISION XX
22MISCELLANEOUS PROVISIONS
23 Sec. 2809. IRRECONCILABLE AMENDMENTS. If an amendment
24to a statute in this Act is irreconcilable with an amendment
25made to the same statute that is contained in division I of
26this Act that implements the transition of the department of
27human services and the department of public health into the
28department of health and human services as required in 2022
29Iowa Acts, chapter 1131, section 51, the amendment to the
30statute that is not contained in division I of this Act shall
31prevail over and shall be codified instead of the amendment
32to the same statute that is contained in division I of this
33Act that implements the transition of the department of
34human services and the department of public health into the
35department of health and human services.
-1512-1 Sec. 2810. TRANSITION PROVISIONS.
21. Administrative rules.
3a. Any rule, regulation, form, order, or directive
4promulgated by any state agency mentioned in this Act,
5including any agency abolished, merged, or altered in this Act,
6and in effect on July 1, 2023, shall continue in full force and
7effect until amended, repealed, or supplemented by affirmative
8action of the appropriate state agency under the duties and
9powers of state agencies as established in this Act and under
10the procedure established in paragraph “b”, if applicable.
11b. In regard to updating references and format in the
12Iowa administrative code in order to correspond to the
13restructuring of state government as established in this Act,
14the administrative rules coordinator and the administrative
15rules review committee, in consultation with the administrative
16code editor, shall jointly develop a schedule for the necessary
17updating of the Iowa administrative code.
182. Legal obligations.
19a. Any license or permit issued by any state agency
20mentioned in this Act, including any agency abolished, merged,
21or altered in this Act, and in effect on July 1, 2023, shall
22continue in full force and effect until expiration or renewal.
23b. Any loan, grant, or item of value awarded, or contract
24entered into, as of July 1, 2023, by any state agency mentioned
25in this Act, including any agency abolished, merged, or altered
26in this Act, shall continue in full force and effect pursuant
27to the terms of the award of such loan, grant, item of value,
28or contract.
293. Funds. Any funds in any account or fund that is
30altered in this Act, or of a state agency abolished, merged,
31or altered in this Act, shall be transferred to the comparable
32fund or account or state agency as provided by this Act.
33Notwithstanding section 8.33, moneys transferred in accordance
34with this subsection shall not revert to the account or fund
35from which appropriated or transferred.
-1513- 14. Litigation. Any administrative hearing, cause of
2action, or statute of limitation relating to a state agency
3transferred to another state agency as provided by this Act
4shall not be affected as a result of the transfer and such
5cause or statute of limitation shall apply to the successor
6state agency.
75. Boards and commissions. The holder of any position of
8membership on any board, committee, commission, or council in
9state government shall continue to hold such position until
10the end of the member’s term of office, notwithstanding any
11change in the name or organizational location of such board,
12committee, commission, or council that is made by this Act.
136. Signs and insignia. Any replacement of signs, logos,
14stationery, insignia, uniforms, and related items that is made
15due to the effect of this Act should be done as part of the
16normal replacement cycle for such items.
17 Sec. 2811. APPLICABILITY. The transition provisions in
18this division of this Act, to the extent not inconsistent with
19alternative provisions specifically provided by law or this
20Act, shall apply to this Act.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill relates to the organization, structure, and
25functions of state government. The bill is organized by
26divisions.
27DIVISION I — DEPARTMENT OF HEALTH AND HUMAN SERVICES. This
28division provides the legislative changes for the realignment
29of the department of human services (DHS) and department of
30public health (DPH) into the department of health and human
31services (HHS), as necessary, for consideration by the general
32assembly during the 2023 legislative session to implement the
33realignment effective July 1, 2023, as required by 2022 Iowa
34Acts, chapter 1131, section 51, subsection 6, paragraph “a”.
35In addition, the bill incorporates into HHS the department
-1514-1on aging (DOA), the department of human rights (DHR), early
2childhood Iowa, and the Iowa commission on volunteer services.
3The bill eliminates references to the subunit structure
4and the heads of such subunits of HHS and other agencies
5incorporated into HHS below the department level, including
6divisions, bureaus, and administrators. Some of these include
7the center for rural health and primary care, the center
8for congenital and inherited disorders, the oral health and
9delivery systems bureau, the division of tobacco use prevention
10and control, the division for records and statistics, the
11bureau of professional licensure, the division of acute disease
12prevention and emergency response, the division of mental
13health and disability services, the administrator assigned to
14control the state mental health institutes and state resource
15centers, the administrator of mental health and disability
16services, the division to which the director of DHS had
17assigned responsibility for income and service programs, the
18administrator of the child support recovery unit, and the
19division of adult, children, and family services. Instead,
20the references are changed so that HHS, the director of HHS,
21or a designee is responsible for these functions. The bill
22authorizes the director of HHS to organize HHS into subunits as
23necessary to most efficiently carry out the responsibilities
24of HHS.
25The bill restructures the membership of boards, commissions,
26and other entities to avoid duplicative representation by more
27than one person representing HHS following the incorporation of
28other agencies and units of government into HHS.
29The bill changes current Code references to “child support
30recovery unit” to “child support services” and the reference to
31“foster care recovery unit” to “foster care services”.
32The bill changes current Code references to “substance
33abuse”, “drug abuse”, and similar terms, to “substance use
34disorder”.
35The bill designates “record check evaluation system” to
-1515-1refer to the process used by HHS to perform child and dependent
2adult abuse record checks and to evaluate criminal history and
3abuse records.
4The bill changes current Code references to “food stamps” to
5“supplemental nutrition assistance program”.
6The bill eliminates the state board of health and replaces
7the board with the council on health and human services, but
8retains local boards of health and local health departments.
9The bill amends the membership of the HHS council to expand
10voting membership from seven to nine members, and requires
11that at least one of these members is a physician licensed to
12practice medicine in Iowa.
13Through incorporation of DHR into HHS, the bill eliminates
14the division of community advocacy and services, the division
15of community action agencies, and the division of criminal and
16juvenile justice planning, and assigns the functions of these
17former divisions to HHS while retaining the underlying offices,
18commissions, councils, and the human rights board.
19The bill eliminates current Code references to “service
20area” and “service area manager” for the delivery of services,
21but retains references to county offices and advisory boards.
22The bill moves the Code provision establishing the child
23abuse prevention advisory committee from a general provision
24under Code chapter 217 (DHS) to a new provision under Code
25chapter 235A (child abuse).
26The bill changes current Code references to the “hawk-i”
27program and related terms to the “Hawki” program and related
28terms to reflect current program branding.
29The bill also moves the function of the Iowa child death
30review team from the office of the state medical examiner
31to HHS; establishes the Iowa domestic abuse death review
32team under HHS rather than as an independent agency of
33state government; eliminates the reference to Iowa Medicaid
34enterprise and assigns those functions to the Medicaid program;
35moves the responsibility for regulation of consumable hemp to
-1516-1HHS from the department of inspections and appeals (DIA); and
2moves the creation of the child advocacy board from DIA to HHS.
3The bill updates or eliminates outdated Code provisions.
4The bill repeals Code chapter 136 (state board of health)
5and incorporates the functions of the board of health into the
6council on health and human services.
7The bill repeals Code sections 135.2 (appointment of
8director and acting director) under the former DPH; 135.3
9(disqualifications) relating to the former director of DPH;
10135.6 (assistants and employees) relating to the former
11DPH; 135.7 (bonds) relating to bond requirements for certain
12employees of the former DPH; 135.8 (seal) relating to the
13official seal of DPH; 135.9 (expenses) relating to travel
14expenses for employees of the former DPH; 135.10 (office)
15relating to the location of the former DPH at the seat of
16government; 216A.2 (appointment of department director,
17deputy director, and administrators — duties) relating to
18appointments for the former DHR; 217.7 (administration of
19divisions); 217.9 (additional duties); 217.10 (administrator
20of division of mental health and disability services);
21217.15 (administrator of division of administration)
22relating to the administrator position under the former DHS;
23217.16 (cooperation with other divisions) relating to the
24administrator of the division of administration with others
25under the former DHS; 217.17 (administrator of division of
26planning) relating to the administrator under the former
27DHS; 218.19 (districts) relating to the administrator of
28institutions having control of an institution under control
29of the former DHS; 218.20 (place of commitments — transfers)
30relating to commitments by district under the former DHS;
31218.40 (services required) relating to services required to be
32rendered by residents of institutions; 218.53 (dealers may file
33addresses) relating to the provision of contact information
34for those desiring to provide services to institutions;
35218.54 (samples preserved) relating to the retention of
-1517-1when purchases made by sample at institutions; 222.6 (state
2districts) relating to districts for resource centers; 227.19
3(administrator defined) relating to the administrator in
4control of mental health institutes under the former DHS;
5231.22 (director — assistant director) relating to the
6director and assistant director of former DOA; and 234.2
7(division created) relating to the division of child and family
8services under the former DHS.
9The bill repeals 2022 Iowa Acts, chapter 1098, sections 68
10and 92, relating to a future amendment to Code section 232.142
11relating to juvenile detention homes which would have moved
12administration fully to DHR and the provision making section 68
13effective July 1, 2023.
14DIVISION II — DEPARTMENT OF ADMINISTRATIVE SERVICES.
15 This division transfers the library services duties of the
16department of education, the state archivist and duties related
17to state records and archives, and most of the historical
18division of the department of cultural affairs to the
19department of administrative services. The bill also provides
20that the department of administrative services shall undertake
21responsibilities under Code chapter 305B, concerning museum
22property, currently provided by the department of cultural
23affairs.
24LIBRARY SERVICES. Code sections 256.50 to 256.73,
25concerning the library services duties of the department of
26education, are transferred to the department of administrative
27services in Code chapter 8A. The bill eliminates the library
28services division of the department of education and transfers
29duties and responsibilities of the division to the department
30of administrative services. The state librarian is transferred
31to the department of administrative services and the bill
32further provides that the state librarian shall be appointed by
33the director of the department of administrative services and
34not by the state commission of libraries. The state commission
35of libraries is also transferred to the department of
-1518-1administrative services and the bill replaces the director of
2the department of education with the director of the department
3of administrative services as a member of the commission. The
4bill retains the rulemaking authority of the commission as it
5relates to library services.
6STATE RECORDS AND ARCHIVES. Code chapter 305, the state
7records and archives Act, is transferred to Code chapter 8A.
8 The bill transfers the duties currently performed by the
9department of cultural affairs under that Code chapter to the
10department of administrative services. The bill also strikes
11the director of the department of cultural affairs as a member
12of the state records commission. The bill also provides that
13the director of the department of administrative services,
14and not the administrator of the historical division of the
15department of cultural affairs, shall serve as an ex officio
16member of the Iowa historical records advisory board.
17HISTORICAL RESOURCES. The bill transfers most of the
18duties of the historical division of the department of
19cultural affairs and the administrator of that division to
20the department of administrative services and the director of
21the department of administrative services under Code chapter
228A. Duties of the historical division described in Code
23section 303.2 are generally transferred to the department of
24administrative services. The historic preservation officer,
25as well as related duties concerning historic properties and
26historic preservation activities, is not transferred to the
27department of administrative services. References to the
28historical division and to the state historical society as an
29agency of the state are eliminated and those responsibilities
30are transferred to the department of administrative services.
31The bill specifically defines the state historical society as
32a membership organization of the department of administrative
33services and retains those duties and responsibilities
34currently assigned to the state historical society as a
35membership organization with the state historical society.
-1519-1Current references to the state historical society as a
2state agency are changed to department of administrative
3services. The bill transfers the Iowa heritage fund and the
4historical resource development program to the department of
5administrative services.
6The bill provides that those duties currently assigned to
7the department of cultural affairs under Code chapter 305B,
8concerning museum property, are assigned to the department of
9administrative services.
10Finally, the bill also provides that control of the battle
11flag restoration fund, created in 2012 Iowa Acts, chapter 1136,
12shall be assigned to the department of administrative services
13and not the department of cultural affairs.
14DIVISION III — DEPARTMENT OF INSPECTIONS, APPEALS, AND
15LICENSING. This division of the bill renames the department of
16inspections and appeals (DIA) the department of inspections,
17appeals, and licensing (DIAL), and modifies the organizational
18structure and duties of the renamed department.
19ORGANIZATION — GENERAL PROVISIONS. Code section 7E.5,
20listing the principal departments of state government, is
21amended to reflect the change of DIA to DIAL and to reflect
22that the duties of the department include licensing, and laws
23related to employment safety, labor standards, and workers’
24compensation.
25Code chapter 10A, governing the department, is amended to
26reflect the expanded duties of the department as provided in
27the bill. The organizational structure of the department is
28amended to eliminate the investigations and health facilities
29division of the department and to add a labor services and
30workers’ compensation division.
31Code section 10A.104, providing for the powers and duties
32of the director of DIAL, is amended to reflect the transfer of
33duties to the director in the bill. The bill also provides for
34a teleconference option for boards and commissions under the
35purview of DIAL relating to health-related professions.
-1520- 1LABOR SERVICES. The bill transfers the labor services
2division and labor commissioner, currently under the department
3of workforce development, to DIAL, including duties of the
4division and commissioner.
5The bill provides that the labor commissioner shall
6serve at the pleasure of the governor and not for a six-year
7term. The bill also provides that current duties of the
8labor commissioner under Code chapter 87, governing workers’
9compensation, Code chapter 88, governing occupational,
10safety, and health, and Code chapter 89B, concerning
11hazardous chemicals risks, are retained as duties of the labor
12commissioner under DIAL. All other current labor-related
13duties of the labor commissioner, except for duties under
14Code section 73A.21 and Code chapter 94A, are transferred to
15DIAL and the director of DIAL, and not retained by the labor
16commissioner. The bill transfers the duties of the labor
17commissioner under Code section 73A.21 concerning bidder
18preferences to the department of administrative services.
19WORKERS’ COMPENSATION. The bill transfers the workers’
20compensation services division and workers’ compensation
21commissioner, including duties of the division and
22commissioner, currently under the department of workforce
23development, to DIAL. The bill further provides that the
24workers’ compensation commissioner shall serve at the pleasure
25of the governor and not for a six-year term.
26LICENSING AND REGULATION ACTIVITIES. The division transfers
27several licensing and regulation functions of state government
28to DIAL. The licensing and regulation of certain fire control
29and building code-related activities are transferred from the
30state fire marshal and the commissioner of public safety to
31DIAL. The licensing and regulation of certain health-related
32professions and other health-related activities are generally
33transferred from the department of public health to DIAL.
34 Finally, the licensing and regulation of certain business
35and commerce-related professions are transferred from the
-1521-1department of commerce and the professional licensing and
2regulation bureau of the banking division of the department of
3commerce to DIAL.
4Concerning fire control duties, the bill transfers several
5duties currently performed by the state fire marshal to
6DIAL and the DIAL director. Specifically, those duties of
7the state fire marshal unrelated to arson investigations
8provided in Code chapter 100 are transferred to DIAL. In
9addition, duties and responsibilities of the state fire
10marshal and department of public safety under Code chapter 100C
11concerning fire extinguishing and alarm systems contractors
12and installers, Code chapter 100D concerning fire protection
13system installation and maintenance, Code chapter 101
14concerning combustible and flammable liquids and liquefied
15gases, Code chapter 101A concerning explosive materials, and
16Code chapter 101B concerning cigarette fire safety standards,
17are transferred to DIAL and the DIAL director. Also, state
18fire marshal duties related to school infrastructure, health
19care facilities, motor fuel facilities and dispensers, elder
20group homes, assisted living programs, adult day services,
21child foster care and child care facilities, children’s
22residential facilities, board of regents, school child care
23program facilities, fireworks, and department of corrections
24institutions, are transferred to DIAL and the director of
25DIAL. Finally, Code section 12.83, providing for allocation
26of certain school infrastructure fund moneys, is amended to
27transfer the allocation to DIAL.
28Concerning state building code duties, the bill provides
29that the DIAL director, and not the commissioner of public
30safety, is the state building code commissioner and is
31responsible for those duties performed by the state building
32code commissioner. In addition, duties and responsibilities
33of the state fire marshal and department of public safety
34under Code chapter 103 concerning electricians and electrical
35contractors, are transferred to DIAL and the director of DIAL.
-1522-1Finally, the duties and responsibilities of the department of
2public health and the state fire marshal under Code chapter 105
3concerning plumbers, mechanical professionals, and contractors,
4are transferred to DIAL and the director of DIAL.
5Concerning health-related professions and other
6related duties, the bill generally transfers licensing and
7board-related duties currently under the jurisdiction of
8the department of public health to DIAL and the director of
9DIAL. The bill provides that the boards and laws relative to
10“Health-related Professions”, Title IV, subtitle 3, of the
11Code, excluding Code chapter 147, are transferred from the
12department of public health to DIAL. The bill eliminates
13the professional licensure division of the department of
14public health and provides that the DIAL director, and not
15the director of public health, shall appoint and supervise a
16full-time executive director for the board of medicine, the
17board of nursing, the dental board, and the board of pharmacy.
18Current responsibilities of the department of public health
19relating to tattooing, natural hair braiding, lead abatement,
20pools, backflow prevention, tanning facilities, and migrant
21labor camps are also transferred to DIAL and the DIAL director.
22Concerning the licensing and regulation of certain business
23and commerce-related professions, the bill eliminates the
24professional licensing and regulation bureau of the banking
25division of the department of commerce and transfers duties
26of the bureau as well as other department of commerce duties
27to DIAL and the DIAL director. Specifically, duties and
28responsibilities of the department of commerce and bureau
29under Code chapter 542B concerning professional engineers
30and land surveyors, Code chapter 534B concerning real estate
31brokers and salespersons, Code chapter 543D concerning real
32estate appraisals and appraisers, Code chapter 543E concerning
33real estate appraisal management companies, Code chapter 544A
34concerning licensed architects, Code chapter 544B concerning
35landscape architects, and Code chapter 544C concerning
-1523-1registered interior designers, are transferred to DIAL and
2the DIAL director. Code section 546.10, concerning the
3professional licensing and regulation bureau, is amended and
4transferred to Code chapter 10A governing DIAL.
5ADMINISTRATIVE LAW JUDGES. The division provides that
6administrative law judges utilized for purposes of unemployment
7security, the civil rights commission, the department of
8education, special education, and board of educational
9examiners shall be administrative law judges employed by the
10division of administrative hearings of DIAL under Code chapter
1110A.
12CIVIL RIGHTS COMMISSION. The division provides that the
13Iowa state civil rights commission shall be created within
14DIAL.
15CONFORMING CHANGES. The division amends the Code as
16necessary to conform to the changes provided in the division
17relative to changing the name and duties of the renamed DIAL.
18DIVISION IV — DEPARTMENT OF JUSTICE. This division of
19the bill relates to the department of justice. The bill
20eliminates the position of general counsel of the department
21of transportation and directs the attorney general to provide
22legal services for the department of transportation. The bill
23strikes a provision making certain employees of the department
24of justice and administrative law judges appointed or employed
25by the public employment relations board subject to the merit
26system.
27The bill allows the attorney general to prosecute a criminal
28proceeding without first receiving a request from a county
29attorney to act as a county attorney. The bill requires the
30attorney general to submit a report by January 15 of each year
31detailing all money settlement awards and court money awards
32that were awarded to the state of Iowa in the previous year.
33The bill changes the title of the first assistant attorney
34general to “chief deputy attorney general”. The bill repeals
35Code sections allowing the attorney general to appoint
-1524-1assistant attorneys general to perform and supervise the legal
2work of the department of revenue and the division of child
3and family services of the department of human services. The
4bill allows the attorney general to charge state governmental
5entities for the cost of performing legal services and to
6require state governmental entities to provide office space for
7an assistant attorney general or other staff providing legal
8services exclusively for that entity. The bill changes the
9circumstances under which an entity of the state may employ
10private legal counsel.
11The bill grants the attorney general exclusive jurisdiction
12to prosecute election-related crimes.
13The bill exempts all employees of the department of justice
14from Code chapter 20 (public employment relations (collective
15bargaining)). Currently, nonsupervisory employees of the
16consumer advocate division who are employed primarily for the
17purpose of performing technical analysis of nonlegal issues are
18not exempt.
19The bill eliminates the position of special assistant
20attorney general for claims and transfers the duties of the
21position to the attorney general.
22The bill strikes a provision requiring the department of
23public safety to employ an assistant attorney general.
24The bill changes certain provisions for the appointment
25and removal of the consumer advocate by the attorney general,
26including by striking a requirement that the consumer advocate
27be an attorney. The bill also provides that the attorney
28general, and not the consumer advocate, may employ attorneys
29and other employees necessary to discharge the duties of the
30consumer advocate division.
31The division takes effect upon enactment.
32DIVISION V — ECONOMIC DEVELOPMENT AUTHORITY. This division
33of the bill concerns the duties and responsibilities of
34the economic development authority and the director of the
35authority.
-1525- 1CULTURAL AFFAIRS. The division of the bill transfers
2the responsibilities of the department of cultural affairs,
3including the arts division and the film office, to the
4economic development authority (authority). The division
5eliminates the department of cultural affairs and all related
6internal organizational structure under the department. The
7division makes conforming changes to Code sections 7E.5,
88A.412, 306D.2, 321.252, 404A.1, 404A.3, 404A.6, 423.3, 427.16,
9465A.2, 465B.2, and 465B.3.
10STATE HISTORIC PRESERVATION OFFICER. The division of the
11bill transfers the state historic preservation officer (SHPO),
12and all related duties of the SHPO, under the authority.
13IOWA FINANCE AUTHORITY. The division of the bill codifies
14that the director of the authority shall also serve as the
15director of the Iowa finance authority. The bill also provides
16that the director of the economic development authority shall
17serve at the pleasure of the governor and not for a four-year
18term.
19DIVISION VI — ECONOMIC DEVELOPMENT AUTHORITY — PARTNER
20STATE PROGRAM. This division of the bill codifies the partner
21state program and puts the program under the authority.
22The division takes effect upon enactment and includes an
23applicability provision relating to sister state agreements
24entered into before the effective date of the division.
25DIVISION VII — PUBLIC EMPLOYMENT RELATIONS BOARD. This
26division relates to the public employment relations board
27(PERB).
28The bill strikes language providing that when the governor
29selects members of the PERB, consideration shall be given
30to their knowledge, ability, and experience in the field
31of labor-management relations. The bill strikes language
32providing that members of the PERB shall devote full time to
33their duties. The bill additionally requires the PERB to meet
34at least quarterly and modifies language pertaining to the
35compensation of PERB members and employees.
-1526- 1The bill provides for an executive director of the PERB
2appointed by and serving at the pleasure of the governor
3and subject to confirmation by the senate. In selecting
4the executive director, consideration shall be given to the
5person’s knowledge, ability, and experience in the field of
6labor-management relations. The governor shall set the salary
7of the executive director within the applicable salary range
8established by the general assembly. The bill authorizes
9the PERB to delegate its powers and duties to the executive
10director or persons employed by the PERB, as appropriate.
11The bill provides that in a petition for judicial review of
12a decision of the PERB in a contested case under Code chapter
1320, the opposing party shall be named the respondent, and the
14PERB shall not be named as a respondent, notwithstanding Code
15chapter 17A, the Iowa administrative procedure Act. The bill
16provides that judicial review of agency action by the PERB
17under Code chapter 20 is not subject to Code chapter 17A. The
18bill additionally strikes language providing that the powers
19and duties of the PERB include preparing legal briefs and
20presenting oral arguments in court cases affecting the PERB.
21DIVISION VIII — DEPARTMENT OF HOMELAND SECURITY AND
22EMERGENCY MANAGEMENT. Under current law, the department
23of human services administers the disaster aid individual
24assistance grant fund and the disaster case management grant
25fund. The bill provides that the department of homeland
26security and emergency management shall administer the funds.
27The name of the disaster case management grant fund is changed
28to the disaster case advocacy grant fund.
29The bill also provides that the director of the department of
30homeland security and emergency management shall be subject to
31confirmation by the senate and shall serve at the pleasure of
32the governor.
33The bill makes conforming Code changes.
34DIVISION IX — DEPARTMENT OF VETERANS AFFAIRS. This
35division relates to the administration of veterans services and
-1527-1the transfer of responsibility for such services.
2The division requires the department of veterans affairs
3(IVA) to reimburse the auditor of state for audits and
4examinations the auditor of state conducts relating to the Iowa
5veterans home.
6The division combines the duties of the IVA director and
7the Iowa veterans home commandant into a single position
8and changes the title of the head of IVA from director to
9commandant.
10The division replaces the commission’s authority to
11supervise the commandant’s administration of operations and
12conduct of the Iowa veterans home with the authority to review
13and approve applications for distributions of moneys from the
14veterans license fee fund and the veterans trust fund.
15The division makes several conforming Code changes.
16DIVISION X — OFFICE OF DRUG CONTROL POLICY. Current law
17provides that the governor’s office of drug control policy
18shall be an independent office, located at the same location
19as the department of public safety. Administrative support
20services may be provided to the governor’s office of drug
21control policy by the department of public safety.
22The division provides that the office of drug control policy
23is established in the department of public safety. A drug
24policy director shall be appointed by the commissioner of the
25department of public safety, and the director shall direct the
26office of drug control policy.
27DIVISION XI — DEPARTMENT OF WORKFORCE DEVELOPMENT. This
28division modifies duties and responsibilities of the department
29of workforce development and includes transition provisions.
30The bill makes conforming changes to Code section 84A.5 to
31reflect the programs and responsibilities acquired by workforce
32development.
33The bill transfers administration of the statewide
34work-based learning intermediary network program under Code
35section 256.40 from the department of education to workforce
-1528-1development.
2The bill requires workforce development, rather than the
3authority, to coordinate and review the industrial new jobs
4training program under Code chapter 260E.
5The bill transfers jobs training under Code chapter 260F
6from the authority to workforce development.
7The bill transfers the workforce development fund program
8from the authority to workforce development.
9The bill transfers the accelerated career education program
10under Code chapter 260G from the authority to workforce
11development.
12The bill transfers the older American community service
13employment program from the department on aging to workforce
14development.
15The bill transfers vocational rehabilitation under Code
16chapter 259 from the department of education to workforce
17development.
18The bill transfers the apprenticeship training program under
19Code chapter 15B from the authority to workforce development.
20The bill transfers the future ready Iowa registered
21apprenticeship development program under Code section 15C.1
22from the authority to workforce development.
23The bill transfers the future ready Iowa expanded registered
24apprenticeship opportunities program under Code section 15C.2
25from the authority to workforce development.
26The bill transfers employment agencies under Code chapter
2794A from the labor commissioner to workforce development.
28The bill transfers responsibility for reports and records
29under Code section 91.12 from the division of labor services to
30workforce development.
31The bill requires workforce development, rather than the
32department of education, and community colleges to implement
33adult education and literacy programs. The department
34of education and community colleges are still required to
35implement adult education under Code section 260C.50.
-1529- 1DIVISION XII — DEPARTMENT OF REVENUE. This division of the
2bill transfers the Iowa lottery authority and the duties of the
3alcoholic beverages division of the department of commerce to
4the department of revenue.
5IOWA LOTTERY. The division eliminates the Iowa lottery
6authority and transfers authority for operating the Iowa
7lottery to an Iowa lottery division within the department
8of revenue. The position of chief executive officer of the
9lottery authority is replaced by a lottery administrator,
10with modified duties. The bill allocates responsibility for
11operating the Iowa lottery between the division, the lottery
12administrator, the department of revenue, the director of the
13department of revenue, and the lottery board.
14The bill provides for a lottery administrator, instead of
15a chief executive officer, who shall direct the day-to-day
16operations of the lottery as specified by the department of
17revenue and director. The lottery administrator shall be
18appointed by the governor, confirmed by the senate, and shall
19serve at the pleasure of the governor. Under current law, the
20chief executive officer is appointed by the governor for a
21four-year term and shall only be removed from office for cause.
22Compensation of the lottery administrator shall be set by the
23governor.
24The duties of the board of directors of the Iowa lottery as
25specified in Code section 99G.9 are modified by the bill by
26eliminating the authority of the board to approve the budget
27for the Iowa lottery.
28Code section 99G.10, concerning personnel of the Iowa
29lottery, is amended. The power of the chief executive
30officer to designate particular employees as key personnel
31and to determine the number of full-time equivalent positions
32necessary to carry out the provisions of Code chapter 99G is
33eliminated. The bill also eliminates the ability to establish
34incentive programs for employees.
35Code section 99G.21, concerning the powers of the Iowa
-1530-1lottery authority, is amended. The bill transfers this
2authority to the department of revenue and eliminates
3provisions relating to acquiring real property, incurring debt,
4and authority to exercise all powers generally exercised by a
5private business.
6Code section 99G.37, concerning competitive bidding, is
7amended to provide that all procurement contracts shall be bid
8utilizing the services of the department of administrative
9services and competitively bid in accordance with Code chapter
108A.
11Code section 99G.40, concerning audits and reports, is
12amended. The provision requiring the chief executive officer
13to submit an informational budget for the lottery authority is
14amended. In addition, provisions governing the audit of the
15lottery authority are modified to reflect that any audit will
16be done as a part of an audit of the department of revenue.
17The division includes a transition provision governing
18the transfer of all rights and authority of the Iowa lottery
19authority to the department of revenue on July 1, 2023.
20The provision transfers lottery authority employees to the
21department of revenue and provides that the chief executive
22officer on the date of the transfer shall become the lottery
23administrator without requirement of reappointment by the
24governor. The transition provision also provides that the
25department of revenue shall take such steps as is necessary
26to effectuate the transfer of the lottery authority to the
27department.
28ALCOHOLIC BEVERAGE CONTROL. The division eliminates the
29alcoholic beverages division of the department of commerce and
30transfers authority over the duties of the alcoholic beverages
31division to the department of revenue and the director of the
32department.
33The bill eliminates the position of administrator of the
34alcoholic beverages division and transfers those duties of the
35administrator to the director of revenue.
-1531- 1CONFORMING CHANGES. Code section 7E.5, describing the
2responsibilities of the department of revenue, is amended to
3reflect the new duties of the department under the division.
4In addition, Code section 421.17, concerning the powers and
5duties of the director of revenue, is amended to reflect the
6new duties of the director under the division.
7DIVISION XIII — DEPARTMENT FOR THE BLIND. This division
8provides that the director of the department of the blind shall
9be appointed by the governor, subject to confirmation by the
10senate, and shall serve at the pleasure of the governor. The
11bill provides that the salary of the director shall be set by
12the governor within the applicable salary range established by
13the general assembly. The bill also eliminates the authority
14for the commission for the blind to appoint officers for
15the commission. The division takes effect immediately and
16authorizes the governor on or before July 1, 2023, to appoint a
17director of the department effective July 1, 2023.
18DIVISION XIV — DEPARTMENT OF EDUCATION. This division
19transfers the responsibilities of several governmental entities
20to the department of education.
21IOWA BRAILLE AND SIGHT SAVING SCHOOL AND IOWA SCHOOL FOR
22THE DEAF. Current law establishes the Iowa braille and sight
23saving school and the Iowa school for the deaf within the
24state board of regents and requires the board of regents to
25govern the operations of these schools. The bill strikes Code
26references to the Iowa braille and sight saving school and
27provides for an Iowa educational services for the blind and
28visually impaired program within the department of education.
29The bill transfers the Iowa educational services for the blind
30and visually impaired program and the Iowa school for the deaf
31from the board of regents to the department of education.
32The bill makes conforming changes. The bill establishes the
33responsibilities of the department with respect to the Iowa
34educational services for the blind and visually impaired
35program and the Iowa school for the deaf. The bill includes
-1532-1transition provisions.
2Current law prohibits the board of regents from merging
3the Iowa school for the deaf with the Iowa braille and sight
4saving school, or closing either of the schools, until certain
5requirements are met. The bill strikes provisions regarding
6the merging of the schools but retains provisions governing the
7closure of the Iowa school for the deaf.
8INNOVATION DIVISION. Current Code section 268.7 establishes
9the science, technology, engineering, and mathematics
10collaborative initiative (STEM initiative) at the university of
11northern Iowa. The bill creates the innovation division of the
12department of education and transfers the STEM initiative from
13the university of northern Iowa to the innovation division.
14The bill provides that the chief administrative officer of
15the innovation division is the administrator, who is appointed
16by the director of the department. The bill establishes the
17responsibilities of the administrator and the innovation
18division.
19Subject to an appropriation of moneys, the bill requires
20the innovation division to administer six regional science,
21technology, engineering, and mathematics networks for Iowa.
22Oversight for these networks is provided by a regional advisory
23board, the members of which are appointed by the governor.
24The bill authorizes the state board of education to adopt
25rules to administer the STEM initiative. The bill includes
26transition provisions.
27HIGHER EDUCATION DIVISION AND MISCELLANEOUS CHANGES.
28 Current Code section 256.1 establishes that the department of
29education is to act in a policymaking and advisory capacity
30and to exercise general supervision over the state system
31of education, including certain specified areas. The bill
32provides that the department is to act in a policymaking and
33advisory capacity and to exercise general supervision over
34the Iowa braille and sight saving school, Iowa school for the
35deaf, STEM initiative, college student aid commission, board of
-1533-1educational examiners, and the career and technical education
2programs offered by school districts or community colleges.
3The bill establishes the higher education division
4within the department. The bill provides that the chief
5administrative officer of the higher education division is
6the administrator, who is appointed by the director of the
7department.
8The bill establishes all of the following within the higher
9education division: the community colleges and post-secondary
10readiness bureau, the board of educational examiners, the
11college student aid commission, and the community colleges
12bureau. The bill requires the administrator of the higher
13education division to administer and coordinate all of these
14bureaus, boards, and commissions and to hire and control the
15personnel employed by the division, along with providing for
16other responsibilities.
17Current Code sections 256.7 (duties of the state board of
18education) and 256.9 (duties of the director of the department
19of education) authorize the state board of education and the
20director to exercise broad authority over the operations of
21the department, except with respect to the college student aid
22commission, the commission of libraries and division of library
23services, and the public broadcasting board and division.
24The bill modifies these Code sections to authorize the state
25board and the director to exercise broad authority over the
26operations of the department, except with respect to the higher
27education division; the bureaus, boards, and commissions within
28the higher education division; the commission of libraries and
29division of library services; and the public broadcasting board
30and division.
31COMMUNITY COLLEGES AND POST-SECONDARY READINESS BUREAU.
32 Current Code chapter 258 establishes the career and technical
33education program within the department of education. Current
34law requires the director of the department to appoint and
35direct the work of personnel as necessary to carry out Code
-1534-1chapter 258.
2The bill modifies provisions related to the career and
3technical education program to transfer the program to the
4community colleges and post-secondary readiness bureau, which
5the bill establishes within the higher education division
6of the department. The bill requires the director of the
7department to appoint the bureau chief of the community
8colleges and post-secondary readiness bureau. The bill tasks
9the bureau chief with directing the work of personnel as
10necessary to carry out the responsibilities of the career
11and technical education program. The bill makes conforming
12changes.
13The bill authorizes the state board of education to adopt
14emergency rules to implement the provisions of the division
15pertaining to the community colleges and post-secondary
16readiness bureau. The bill includes transition provisions.
17BOARD OF EDUCATIONAL EXAMINERS. Current Code chapter 272
18creates the board of educational examiners. The bill transfers
19the board to the purview of the higher education division
20of the department of education. The bill makes conforming
21changes.
22Current law provides that the governor shall appoint an
23executive director of the board, subject to confirmation by
24the senate, who shall serve at the pleasure of the governor.
25Current law also provides that the board shall set the salary
26of the executive director within the range established by
27the general assembly. The bill modifies these provisions to
28provide that the director of the department of education shall
29appoint the executive director of the board and the director
30shall set the salary of the executive director. This provision
31applies to individuals appointed as the executive director
32of the board before, on, or after the effective date of the
33division.
34The bill includes transition provisions.
35COLLEGE STUDENT AID COMMISSION. Current Code chapter 261
-1535-1creates the college student aid commission. The bill transfers
2the commission to the purview of the higher education division
3of the department of education. The bill makes conforming
4changes.
5Current law provides that the commission is an autonomous
6state agency that is attached to the department of education
7for organizational purposes only. The bill strikes this
8provision. Current law also provides that the commission shall
9determine its own organization, draw up its own bylaws, adopt
10rules under Code chapter 17A, and do such other things as may
11be necessary to carry out its responsibilities. The bill
12modifies this provision to provide that the commission may draw
13up its own bylaws, adopt rules, and do other such things as
14may be necessary to carry out its responsibilities under the
15authority of the higher education division of the department.
16The bill provides that the director of the department
17of education shall appoint an executive director of the
18commission. The bill requires the director to set the
19salary of the executive director. This provision applies
20to individuals appointed as the executive director of the
21commission before, on, or after the effective date of the
22division.
23The bill includes transition provisions.
24COMMUNITY COLLEGES BUREAU. Current law establishes a
25community colleges division within the department of education.
26Current law requires the community college division to exercise
27the powers conferred upon the department with respect to
28community colleges. The bill modifies these provisions to
29transfer the responsibility to govern certain aspects of
30community colleges to the community colleges bureau, which the
31bill establishes within the higher education division of the
32department.
33The bill requires the director of the department of
34education to appoint the bureau chief of the community colleges
35bureau. The bill tasks the bureau chief with directing the
-1536-1work of personnel as necessary to carry out Code chapter 260C
2(community colleges). The bill makes conforming changes.
3DIVISION XV — COMMERCE. This division concerns the current
4organization of the department of commerce. The division
5renames the department and modifies provisions relating to the
6office of the consumer advocate, the Iowa utilities board, and
7the renamed department.
8CONSUMER ADVOCATE. The bill provides that the office of
9the consumer advocate shall be administratively supported by
10the utilities board. Current law provides that administrative
11support services are provided by the department of commerce.
12IOWA UTILITIES BOARD. The bill provides that the utilities
13division of the department of commerce shall be removed as
14a division of the department and function as a stand-alone
15board. The utilities board shall continue to participate in
16the commerce revolving fund.
17DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES. The bill
18provides that the department of commerce shall be renamed
19the department of insurance and financial services. The
20department shall contain the insurance division, the banking
21division, and the credit division. The bill provides that the
22insurance commissioner shall be the director of the department
23of insurance and financial services. The superintendent of
24banking and superintendent of credit unions shall report to
25the insurance commissioner. The bill also provides that the
26department of commerce revolving fund shall be renamed the
27commerce revolving fund.
28The bill provides that the superintendent of banking
29and the superintendent of credit unions shall serve at the
30pleasure of the governor and not for a four-year term. The
31bill also eliminates the provision that the superintendent of
32credit unions can only be removed from office by the governor
33for cause. Finally, the bill provides that the salary of
34the insurance commissioner, superintendent of banking, and
35superintendent of credit unions shall be set by the governor.
-1537- 1The bill updates law enforcement authority under Code
2section 507E.8 to reflect the insurance commissioner’s
3responsibility to enforce laws under Code chapters 502,
4502A, 507A, 523A, 523C, 523D, and 523I, which is also the
5responsibility of the insurance commissioner.
6DIVISION XVI — DEPARTMENT OF CORRECTIONS — JUDICIAL
7DISTRICT DEPARTMENTS OF CORRECTIONAL SERVICES AND
8COMMUNITY-BASED CORRECTIONAL PROGRAMS. Current law provides
9that a judicial district of correctional services shall be
10established in each judicial district of the state which shall
11provide a community-based correctional program. Each judicial
12district of correctional services has a board of directors
13which employs a director for the district.
14The bill provides that all employees of a judicial district
15department of correctional services shall be employees of
16the department of corrections, and that the director of
17the department of corrections shall appoint, subject to the
18approval of the board of corrections, a director for each
19judicial district department of correctional services.
20The bill amends current law by providing that a district
21board of a judicial district department of correctional
22services shall be a district advisory board. Duties which were
23formerly those of the district board are transferred to the
24director.
25The bill makes conforming Code changes and includes
26transition and applicability provisions.
27DIVISION XVII — BOARD OF PAROLE. Current law provides
28that only the chairperson of the board of parole are salaried
29and full-time employees. The three additional board members
30and three alternate board members are compensated on a per
31diem basis and are part-time employees. The bill eliminates
32the three alternate board members, and provides that all five
33members of the board shall be full-time, salaried employees.
34The bill provides that the governor shall appoint a
35chairperson and vice chairperson from the membership of the
-1538-1board who shall serve at the pleasure of the governor subject
2to senate confirmation.
3The bill includes transition provisions for the current
4board membership.
5DIVISION XVIII — SALARIES OF APPOINTED STATE OFFICERS.
6 The general assembly periodically establishes salary ranges
7for certain appointed state officers and authorizes a person
8(generally the governor) to establish the salaries of those
9officers within the ranges provided. These noncodified
10provisions remain operative until the general assembly
11subsequently passes new salary ranges. The general assembly
12last passed such provisions in 2008.
13Under the bill, the salary amounts set forth for ranges 4
14through 7 remain the same as those passed in 2008. Ranges 2
15and 3 no longer apply to any positions and are eliminated. The
16chairperson and members of the employment appeal board are
17moved from range 3 to range 4, the executive director of the
18public employment relations board is added to range 5, and the
19lottery administrator of the department of revenue is added to
20range 7.
21The following positions included in the 2008 salary ranges
22(as amended) are not included in the bill’s salary ranges,
23either because the position no longer exists under the bill
24or because the salary of the position is to be set without
25a salary range limitation: (range 2) administrator of the
26arts division of the department of cultural affairs, (range 3)
27administrator of the division of criminal and juvenile justice
28planning of the department of human rights, administrator of
29the division of community action agencies of the department of
30human rights, (range 4) director of the department of human
31rights, members of the public employment relations board,
32(range 5) director of the department of homeland security and
33emergency management, drug policy coordinator, director of the
34department of cultural affairs, director of the department
35on aging, executive director of the department of veterans
-1539-1affairs, executive director of the college student aid
2commission, administrator of the historical division of the
3department of cultural affairs, (range 6) administrator of the
4alcoholic beverages division of the department of commerce,
5director of the department of inspections and appeals,
6commandant of the Iowa veterans home, commissioner of public
7safety, commissioner of insurance, executive director of the
8Iowa finance authority, director of the department of natural
9resources, (range 7) director of the department of corrections,
10director of the department of education, director of human
11services, director of the economic development authority,
12director of transportation, director of the department of
13workforce development, director of revenue, director of public
14health, director of the department of management, and director
15of the department of administrative services.
16The bill makes corresponding Code changes. This division
17takes effect June 23, 2023.
18DIVISION XIX — BOARDS AND COMMISSIONS. This division
19establishes a boards and commissions review committee to study
20the efficiency and effectiveness of each board, council,
21commission, committee, or other similar entity of the state
22established by the Code. The committee shall consist of six
23voting members and four ex officio, nonvoting members. The
24voting members of the committee shall be composed of one staff
25member of the governor’s office, appointed by the governor,
26the administrative rules coordinator or the coordinator’s
27designee, the director of the department of management or
28the director’s designee, the director of the department of
29inspections, appeals, and licensing or the director’s designee,
30one assistant attorney general, appointed by the governor upon
31recommendation of the attorney general, and one member of the
32public, appointed by the governor. The ex officio, nonvoting
33members of the committee shall be two state representatives and
34two state senators. The bill provides that the office of the
35governor shall provide staffing for the committee. Finally,
-1540-1the bill provides that the committee shall submit a report
2containing its findings and recommendations to the governor and
3the general assembly on or before September 30, 2023.
4DIVISION XX — MISCELLANEOUS PROVISIONS. This division
5includes a provision relating to irreconcilable amendments as
6well as transition provisions.
7The bill provides that if an amendment contained in division
8I of the bill concerning the department of health and human
9services is irreconcilable to an amendment that is made in the
10remainder of the bill, the amendment in the remainder of the
11bill, and not in division I, shall prevail.
12The bill also includes a transition provision concerning
13administrative rules, legal obligations, funds, litigation,
14boards and commissions, and signs and insignia. The bill
15provides that the transition provision in the division of the
16bill applies to the entirety of the bill to the extent that the
17transition provisions in the division are not inconsistent with
18alternative provisions specifically provided by law or in other
19divisions of the bill.
-1541-ec/jh
2functions of state government, providing for salaries of
3appointed state officers, providing for penalties, making
4appropriations, providing Code editor directives and
5transition provisions, and including applicability and
6effective date provisions.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2DEPARTMENT OF HEALTH AND HUMAN SERVICES
3 Section 1. Section 2.56, subsection 5, Code 2023, is amended
4to read as follows:
55. The legislative services agency, in cooperation with
6the division of department of health and human services as the
7agency responsible for criminal and juvenile justice planning
8of the department of human rights, shall develop a protocol for
9analyzing the impact of the legislation on minorities.
10 Sec. 2. Section 7A.3, subsection 1, paragraph c, Code 2023,
11is amended to read as follows:
12c. Director of the department of health and human services.
13 Sec. 3. Section 7A.30, subsection 1, Code 2023, is amended
14to read as follows:
151. Each state board, commission, department, and division
16of state government and each institution under the control
17of the department of health and human services, the Iowa
18department of corrections and the state board of regents
19and each division of the state department of transportation
20are responsible for keeping a written, detailed, up-to-date
21inventory of all real and personal property belonging to the
22state and under their charge, control, and management. The
23inventories shall be in the form prescribed by the director of
24the department of administrative services.
25 Sec. 4. Section 7D.29, subsection 3, Code 2023, is amended
26to read as follows:
273. The executive council shall receive requests from the
28Iowa department of public health and human services relative
29to the purchase, storing, and distribution of vaccines and
30medication for prevention, prophylaxis, or treatment. Upon
31review and after compliance with subsection 2, the executive
32council may approve the request and may authorize payment
33of the necessary expense. The expense authorized by the
34executive council under this subsection shall be paid from the
35appropriations referred to in subsection 1.
-1-1 Sec. 5. Section 7E.5, subsection 1, 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.504, subsection 3, Code 2023, is amended
9to read as follows:
103. In the case of multiple claims to payments filed
11under this section, priority shall be given to claims filed
12by the child support recovery unit services or the foster
13care recovery unit services, next priority shall be given to
14claims filed by the clerk of the district court, next priority
15shall be given to claims filed by the college student aid
16commission, next priority shall be given to claims filed by the
17investigations division of the department of inspections and
18appeals, and last priority shall be given to claims filed by
19other public agencies. In the case of multiple claims in which
20the priority is not otherwise provided by this subsection,
21priority shall be determined in accordance with rules to be
22established by the director.
23 Sec. 12. Section 8A.512, subsection 1, paragraph b,
24subparagraph (2), Code 2023, is amended to read as follows:
25(2) Claims for medical assistance payments authorized under
26chapter 249A are subject to the time limits imposed by rule
27adopted by the department of health and human services.
28 Sec. 13. Section 10A.108, Code 2023, is amended to read as
29follows:
3010A.108 Improper health and human services entitlement
31benefits or provider payments — debt, lien, collection.
321. a. If a person refuses or neglects to repay benefits or
33provider payments inappropriately obtained from the department
34of health and human services, the amount inappropriately
35obtained, including any interest, penalty, or costs attached
-5-1to the amount, constitutes a debt and is a lien in favor of the
2state upon all property and any rights or title to or interest
3in property, whether real or personal, belonging to the person
4for the period established in subsection 2, with the exception
5of property which is exempt from execution pursuant to chapter
6627.
7b. A lien under this section shall not attach to any amount
8of inappropriately obtained benefits or provider payments, or
9portions of the benefits or provider payments, attributable to
10errors by the department of health and human services. Liens
11shall only attach to the amounts of inappropriately obtained
12benefits or provider payments or portions of the benefits or
13provider payments which were obtained due to false, misleading,
14incomplete, or inaccurate information submitted by a person in
15connection with the application for or receipt of benefits or
16provider payments.
172. a. The lien attaches at the time the notice of the
18lien is filed under subsection 3, and continues for ten years
19from that date, unless released or otherwise discharged at an
20earlier time.
21b. The lien may be extended, within ten years from the
22date of attachment, if a person files a notice with the county
23recorder or other appropriate county official of the county
24in which the property is located at the time of filing the
25extension. From the time of the filing of the notice, the lien
26period shall be extended for ten years to apply to the property
27in the county in which the notice is filed, unless released
28or otherwise discharged at an earlier time. The number of
29extensions is not limited.
30c. The director department shall discharge any lien which is
31allowed to lapse and may charge off any account and release the
32corresponding lien before the lien has lapsed if the director
33 department determines, under uniform rules prescribed by the
34director, that the account is uncollectible or collection costs
35involved would not warrant collection of the amount due.
-6- 13. To preserve the lien against subsequent mortgagees,
2purchasers, or judgment creditors, for value and without notice
3of the lien, on any property located in a county, the director
4shall file a notice of the lien with the recorder of the county
5in which the property is located at the time of filing of the
6notice.
74. The county recorder of each county shall prepare
8and maintain in the recorder’s office an index of liens of
9debts established based upon benefits or provider payments
10inappropriately obtained from and owed the department of health
11and human services, containing the applicable entries specified
12in sections 558.49 and 558.52, and providing appropriate
13columns for all of the following data, under the names of
14debtors, arranged alphabetically:
15a. The name of the debtor.
16b. “State of Iowa, Department of Health and Human Services”
17as claimant.
18c. The time that the notice of the lien was filed for
19recording.
20d. The date of notice.
21e. The amount of the lien currently due.
22f. The date of the assessment.
23g. The date of satisfaction of the debt.
24h. Any extension of the time period for application of the
25lien and the date that the notice for extension was filed.
265. The recorder shall endorse on each notice of lien the day
27and time filed for recording and the document reference number,
28and shall preserve the notice. The recorder shall index the
29notice and shall record the lien in the manner provided for
30recording real estate mortgages. The lien is effective from
31the time of the indexing.
326. The department shall pay, from moneys appropriated to
33the department for this purpose, recording fees as provided in
34section 331.604, for the recording of the lien.
357. Upon payment of a debt for which the director department
-7-1 has filed notice with a county recorder, the director
2 department shall provide to the debtor a satisfaction of
3the debt. The debtor shall be responsible for filing the
4satisfaction of the debt with the recorder and the recorder
5shall enter the satisfaction on the notice on file in the
6recorder’s office.
78. The department of inspections, and appeals, and
8licensing, as provided in this chapter and chapter 626, shall
9proceed to collect all debts owed the department of health and
10 human services as soon as practicable after the debt becomes
11delinquent. If service has not been made on a distress warrant
12by the officer to whom addressed within five days from the
13date the distress warrant was received by the officer, the
14authorized investigators of the department of inspections, and
15 appeals, and licensing may serve and make return of the warrant
16to the clerk of the district court of the county named in the
17distress warrant, and all subsequent procedures shall be in
18compliance with chapter 626.
199. The distress warrant shall be in a form as prescribed
20by the director, shall be directed to the sheriff of the
21appropriate county, and shall identify the debtor, the type
22of debt, and the delinquent amount. The distress warrant
23shall direct the sheriff to distrain, seize, garnish, or levy
24upon, and sell, as provided by law, any real or personal
25property belonging to the debtor to satisfy the amount of the
26delinquency plus costs. The distress warrant shall also direct
27the sheriff to make due and prompt return to the department
28or to the district court under chapter 626 of all amounts
29collected.
3010. The attorney general, upon the request of the director
31of inspections, and appeals, and licensing, shall bring an
32action, as the facts may justify, without bond, to enforce
33payment of any debts under this section, and in the action
34the attorney general shall have the assistance of the county
35attorney of the county in which the action is pending.
-8- 111. The remedies of the state shall be cumulative and no
2action taken by the director of inspections, and appeals, and
3licensing or attorney general shall be construed to be an
4election on the part of the state or any of its officers to
5pursue any remedy to the exclusion of any other remedy provided
6by law.
7 Sec. 14. Section 10A.402, subsections 4 and 5, Code 2023,
8are amended to read as follows:
94. Investigations and collections relative to the
10liquidation of overpayment debts owed to the department of
11health and human services. Collection methods include but are
12not limited to small claims filings, debt setoff, distress
13warrants, and repayment agreements, and are subject to approval
14by the department of health and human services.
155. Investigations relative to the administration of the
16state supplementary assistance program, the state medical
17assistance program, the food stamp supplemental nutrition
18assistance program, the family investment program, and any
19other state or federal benefit assistance program.
20 Sec. 15. Section 11.5B, Code 2023, is amended to read as
21follows:
2211.5B Repayment of audit expenses by state departments and
23agencies.
24The auditor of state shall be reimbursed by a department
25or agency for performing audits or examinations of the
26following state departments or agencies, or funds received by
27a department or agency:
281. Department of commerce.
292. Department of health and human services.
303. State department of transportation.
314. Iowa department of public health.
325. 4. State board of regents.
336. 5. Department of agriculture and land stewardship.
347. 6. Iowa veterans home.
358. 7. Department of education.
-9- 19. 8. Department of workforce development.
210. 9. Department of natural resources.
311. 10. Offices of the clerks of the district court of the
4judicial branch.
512. 11. The Iowa public employees’ retirement system.
613. 12. Federal financial assistance, as defined in the
7federal Single Audit Act, 31 U.S.C. §7501, et seq., received by
8all other departments.
914. 13. Department of administrative services.
1015. 14. Office of the chief information officer of the
11department of management.
12 Sec. 16. Section 11.6, subsection 1, paragraph b, Code 2023,
13is amended to read as follows:
14b. The financial condition and transactions of community
15mental health centers organized under chapter 230A, substance
16abuse use disorder programs organized under chapter 125, and
17community action agencies organized under chapter 216A, shall
18be audited at least once each year.
19 Sec. 17. Section 12.10, Code 2023, is amended to read as
20follows:
2112.10 Deposits by state officers.
22Except as otherwise provided, all elective and appointive
23state officers, boards, commissions, and departments shall,
24within ten days succeeding the collection, deposit with the
25treasurer of state, or to the credit of the treasurer of state
26in any depository designated by the treasurer of state, ninety
27percent of all fees, commissions, and moneys collected or
28received. The balance actually collected in cash, remaining
29in the hands of any officer, board, or department shall not
30exceed the sum of five thousand dollars and money collected
31shall not be held more than thirty days. This section does not
32apply to the state fair board, the state board of regents, the
33utilities board of the department of commerce, the director of
34the department of health and human services, the Iowa finance
35authority, or to the funds received by the state racing and
-10-1gaming commission under sections 99D.7 and 99D.14.
2 Sec. 18. Section 12E.3A, subsection 1, Code 2023, is amended
3to read as follows:
41. The general assembly reaffirms and reenacts the purposes
5stated for the use of moneys deposited in the healthy Iowans
6tobacco trust, as the purposes were enacted in 2000 Iowa Acts,
7ch.1232, §12, and codified in section 12.65, Code 2007, as
8the purposes for the endowment for Iowa’s health account.
9The purposes include those purposes related to health care,
10substance abuse use disorder treatment and enforcement, tobacco
11use prevention and control, and other purposes related to the
12needs of children, adults, and families in the state.
13 Sec. 19. Section 15.102, subsection 12, paragraph b,
14subparagraph (1), subparagraph division (d), Code 2023, is
15amended to read as follows:
16(d) Psychoactive substance abuse use disorders resulting
17from current illegal use of drugs.
18 Sec. 20. Section 15H.1A, Code 2023, is amended to read as
19follows:
2015H.1A Definitions.
21For purposes of this chapter, unless the context otherwise
22requires:
231. “Authority” means the economic development authority
24created in section 15.105.
252. 1. “Commission” means the Iowa commission on volunteer
26service created in section 15H.2.
272. “Department” means the department of health and human
28services.
293. “Director” means the director of the authority health and
30human services.
31 Sec. 21. Section 15H.2, subsection 1, Code 2023, is amended
32to read as follows:
331. The Iowa commission on volunteer service is created
34within the authority department. The governor shall appoint
35the commission’s members. The director may employ personnel
-11-1as necessary to carry out the duties and responsibilities of
2the commission.
3 Sec. 22. Section 15H.2, subsection 3, paragraph i, Code
42023, is amended to read as follows:
5i. Administer the retired and senior volunteer program.
6 Sec. 23. Section 15H.4, subsection 1, Code 2023, is amended
7to read as follows:
81. The authority department shall serve as the lead agency
9for administration of the commission. The authority department
10 may consult with the department of education, the state board
11of regents, and the department of workforce development for any
12additional administrative support as necessary to fulfill the
13duties of the commission. All other state agencies, at the
14request of the authority department, shall provide assistance
15to the commission to ensure a fully coordinated state effort
16for promoting national and community service.
17 Sec. 24. Section 15H.5, subsection 5, paragraph a, Code
182023, is amended to read as follows:
19a. Funding for the Iowa summer youth corps program, the
20Iowa green corps program established pursuant to section
2115H.6, the Iowa reading corps program established pursuant to
22section 15H.7, the RefugeeRISE AmeriCorps program established
23pursuant to section 15H.8, and the Iowa national service
24corps program established pursuant to section 15H.9 shall be
25obtained from private sector, and local, state, and federal
26government sources, or from other available funds credited
27to the community programs account, which shall be created
28within the economic development authority department under the
29authority of the commission. Moneys available in the account
30for a fiscal year are appropriated to the commission to be
31used for the programs. The commission may establish an escrow
32account within the authority department and obligate moneys
33within that escrow account for tuition or program payments to
34be made beyond the term of any fiscal year. Notwithstanding
35section 12C.7, subsection 2, interest earned on moneys in the
-12-1community programs account shall be credited to the account.
2Notwithstanding section 8.33, moneys in the community programs
3account or escrow account shall not revert to the general fund
4but shall remain available for expenditure in future fiscal
5years.
6 Sec. 25. Section 15H.8, Code 2023, is amended to read as
7follows:
815H.8 RefugeeRISE AmeriCorps program.
91. a. The commission, in collaboration with the department
10of human services, shall establish a Refugee Rebuild,
11Integrate, Serve, Empower (RefugeeRISE) AmeriCorps program
12to increase community integration and engagement for diverse
13refugee communities in rural and urban areas across the state.
14b. The commission, in collaboration with the department
15of human services, may adopt rules pursuant to chapter 17A to
16implement and administer this section.
172. The commission may use moneys in and lawfully available
18to the community programs account created in section 15H.5 to
19fund the program.
203. The commission shall submit an annual report to the
21general assembly and the department of human services relating
22to the efficacy of the program.
23 Sec. 26. Section 15H.10, subsection 6, Code 2023, is amended
24to read as follows:
256. Notwithstanding section 8.33, moneys appropriated to
26the economic development authority department for allocation
27to the commission for purposes of this section that remain
28unencumbered or unobligated at the close of a fiscal year
29shall not revert but shall remain available to be used for the
30purposes designated in this section until the close of the
31succeeding fiscal year.
32 Sec. 27. Section 16.2D, subsection 1, Code 2023, is amended
33to read as follows:
341. A council on homelessness is created consisting of twenty
35members, eleven of whom are voting members and nine of whom are
-13-1nonvoting members. At all times, at least one voting member
2shall be a member of a minority group.
3 Sec. 28. Section 16.2D, subsection 2, paragraph b, Code
42023, is amended to read as follows:
5b. Nine nonvoting Nonvoting agency director members
6consisting of all of the following:
7(1) The director of the department of education or the
8director’s designee.
9(2) The director of health and human services or the
10director’s designee.
11(3) The attorney general or the attorney general’s
12designee.
13(4) The director of public health or the director’s
14designee.
15(5) The director of the department on aging or the
16director’s designee.
17(6) (4) The director of the department of corrections or
18the director’s designee.
19(7) (5) The director of the department of workforce
20development or the director’s designee.
21(8) (6) The executive director of the Iowa finance
22authority or the executive director’s designee.
23(9) (7) The director of the department of veterans affairs
24or the director’s designee.
25 Sec. 29. Section 16.3, subsection 9, Code 2023, is amended
26to read as follows:
279. The interest costs paid by group homes of fifteen beds or
28less licensed as health care facilities or child foster care
29facilities for facility acquisition and indirectly reimbursed
30by the department of health and human services through payments
31for patients at those facilities who are recipients of medical
32assistance or state supplementary assistance are severe drains
33on the state’s budget. A reduction in these costs obtained
34through financing with tax-exempt revenue bonds would clearly
35be in the public interest.
-14-1 Sec. 30. Section 16.47, subsection 3, Code 2023, is amended
2to read as follows:
33. The authority, in cooperation with the department on
4aging of health and human services, shall annually allocate
5moneys available in the home and community-based services
6revolving loan program fund to develop and expand facilities
7and infrastructure that provide adult day services, respite
8services, congregate meals, and programming space for health
9and wellness, health screening, and nutritional assessments
10that address the needs of persons with low incomes.
11 Sec. 31. Section 16.48, subsections 1 and 3, Code 2023, are
12amended to read as follows:
131. A transitional housing revolving loan program fund is
14created within the authority to further the availability of
15affordable housing for parents that are reuniting with their
16children while completing or participating in substance abuse
17 use disorder treatment. The moneys in the fund are annually
18appropriated to the authority to be used for the development
19and operation of a revolving loan program to provide financing
20to construct affordable transitional housing, including through
21new construction or acquisition and rehabilitation of existing
22housing. The housing provided shall be geographically located
23in close proximity to licensed substance abuse use disorder
24 treatment programs. Preference in funding shall be given to
25projects that reunite mothers with the mothers’ children.
263. The authority shall annually allocate moneys available
27in the transitional housing revolving loan program fund for the
28development of affordable transitional housing for parents that
29are reuniting with the parents’ children while completing or
30participating in substance abuse use disorder treatment. The
31authority shall develop a joint application process for the
32allocation of federal low-income housing tax credits and the
33funds available under this section. Moneys allocated to such
34projects may be in the form of loans, grants, or a combination
35of loans and grants.
-15-1 Sec. 32. Section 16.49, subsection 4, Code 2023, is amended
2to read as follows:
34. a. A project shall demonstrate written approval of the
4project by the department of health and human services to the
5authority prior to application for funding under this section.
6b. In order to be approved by the department of health and
7 human services for application for funding for development of
8permanent supportive housing under this section, a project
9shall include all of the following components:
10(1) Provision of services to any of the following Medicaid
11waiver-eligible individuals:
12(a) Individuals who are currently underserved in community
13placements, including individuals who are physically aggressive
14or have behaviors that are difficult to manage or individuals
15who meet the psychiatric medical institution for children level
16of care.
17(b) Individuals who are currently residing in out-of-state
18facilities.
19(c) Individuals who are currently receiving care in a
20licensed health care facility.
21(2) A plan to provide each individual with crisis
22stabilization services to ensure that the individual’s
23behavioral issues are appropriately addressed by the provider.
24(3) Policies and procedures that prohibit discharge of the
25individual from the waiver services provided by the project
26provider unless an alternative placement that is acceptable to
27the client or the client’s guardian is identified.
28c. In order to be approved by the department of health and
29 human services for application for funding for development of
30infrastructure in which to provide supportive services under
31this section, a project shall include all of the following
32components:
33(1) Provision of services to Medicaid waiver-eligible
34individuals who meet the psychiatric medical institution for
35children level of care.
-16- 1(2) Policies and procedures that prohibit discharge of the
2individual from the waiver services provided by the project
3provider unless an alternative placement that is acceptable to
4the client or the client’s guardian is identified.
5d. Housing provided through a project under this section is
6exempt from the requirements of chapter 135O.
7 Sec. 33. Section 22.7, subsections 2, 16, 35, 61, and 62,
8Code 2023, are amended to read as follows:
92. Hospital records, medical records, and professional
10counselor records of the condition, diagnosis, care, or
11treatment of a patient or former patient or a counselee or
12former counselee, including outpatient. However, confidential
13communications between a crime victim and the victim’s
14counselor are not subject to disclosure except as provided in
15section 915.20A. However, the Iowa department of public health
16and human services shall adopt rules which provide for the
17sharing of information among agencies and providers concerning
18the maternal and child health program including but not limited
19to the statewide child immunization information system, while
20maintaining an individual’s confidentiality.
2116. Information in a report to the Iowa department of public
22 health and human services, to a local board of health, or to
23a local health department, which identifies a person infected
24with a reportable disease.
2535. Records of the Iowa department of public health and
26human services pertaining to participants in the gambling
27treatment program except as otherwise provided in this chapter.
2861. Records of the department on aging of health and human
29services pertaining to clients served by the state office or a
30local office of public guardian as defined in section 231E.3.
3162. Records maintained by the department on aging of health
32and human services or office of long-term care ombudsman that
33disclose the identity of a complainant, resident, tenant, or
34individual receiving services provided by the department on
35aging of health and human services, an area agency on aging,
-17-1or the office of long-term care ombudsman, unless disclosure
2is otherwise allowed under section 231.42, subsection 12,
3paragraph “a”.
4 Sec. 34. Section 23A.2, subsection 10, paragraph l,
5unnumbered paragraph 1, Code 2023, is amended to read as
6follows:
7The offering of goods and services to the public as part
8of a client training program operated by a state resource
9center under the control of the department of health and human
10services provided that all of the following conditions are met:
11 Sec. 35. Section 23A.2, subsection 10, paragraph l,
12subparagraph (1), Code 2023, is amended to read as follows:
13(1) Any off-campus vocational or employment training
14program developed or operated by the department of health and
15 human services for clients of a state resource center is a
16supported vocational training program or a supported employment
17program offered by a community-based provider of services or
18other employer in the community.
19 Sec. 36. Section 28M.1, subsection 7, Code 2023, is amended
20to read as follows:
217. “Transportation” means the movement of individuals in
22a four or more wheeled motorized vehicle designed to carry
23passengers, including a car, van, or bus, or the carrying
24of individuals upon cars operated upon stationary rails,
25between one geographic point and another geographic point.
26“Transportation” does not include emergency or incidental
27transportation or transportation conducted by the department of
28health and human services at its institutions.
29 Sec. 37. Section 35A.5, subsection 5, paragraph a, Code
302023, is amended to read as follows:
31a. Coordinate with United States department of veterans
32affairs hospitals, health care facilities, and clinics in this
33state and the department of public health and human services
34 to provide assistance to veterans and their families to reduce
35the incidence of alcohol and chemical dependency and suicide
-18-1among veterans and to make mental health counseling available
2to veterans.
3 Sec. 38. Section 35D.14A, Code 2023, is amended to read as
4follows:
535D.14A Volunteer record checks.
61. Persons who are potential volunteers or volunteers in
7the Iowa veterans home in a position having direct individual
8contact with patients or residents of the home shall be subject
9to criminal history and child and dependent adult abuse record
10checks in accordance with this section. The Iowa veterans home
11shall request that the department of public safety perform the
12criminal history check and the record check evaluation system
13of the department of health and human services perform child
14and dependent adult abuse record checks of the person in this
15state and may request these checks in other states.
162. a. If it is determined that a person has been convicted
17of a crime under a law of any state or has a record of
18founded child or dependent adult abuse, the person shall not
19participate as a volunteer with direct individual contact
20with patients or residents of the Iowa veterans home unless
21an evaluation has been performed by the department of human
22services record check evaluation system to determine whether
23the crime or founded child or dependent adult abuse warrants
24prohibition of the person’s participation as a volunteer in the
25Iowa veterans home. The department of human services record
26check evaluation system shall perform such evaluation upon the
27request of the Iowa veterans home.
28b. In an evaluation, the department of human services
29 record check evaluation system shall consider the nature and
30seriousness of the crime or founded child or dependent adult
31abuse in relation to the position sought or held, the time
32elapsed since the commission of the crime or founded child or
33dependent adult abuse, the circumstances under which the crime
34or founded child or dependent adult abuse was committed, the
35degree of rehabilitation, the likelihood that the person will
-19-1commit the crime or founded child or dependent adult abuse
2again, and the number of crimes or founded child or dependent
3adult abuses committed by the person involved.
4c. If the department of human services record check
5evaluation system performs an evaluation for the purposes of
6this section, the department of human services record check
7evaluation system has final authority in determining whether
8prohibition of the person’s participation as a volunteer is
9warranted. The department of human services record check
10evaluation system may permit a person who is evaluated to
11participate as a volunteer if the person complies with the
12department’s record check evaluation system’s conditions
13relating to participation as a volunteer which may include
14completion of additional training.
15 Sec. 39. Section 47.7, subsection 2, paragraph a, Code 2023,
16is amended to read as follows:
17a. On or before January 1, 2006, the state registrar of
18voters shall implement in a uniform and nondiscriminatory
19manner, a single, uniform, official, centralized, interactive
20computerized statewide voter registration file defined,
21maintained, and administered at the state level that contains
22the name and registration information of every legally
23registered voter in the state and assigns a unique identifier
24to each legally registered voter in the state. The state voter
25registration system shall be coordinated with other agency
26databases within the state, including, but not limited to,
27state department of transportation driver’s license records,
28judicial records of convicted felons and persons declared
29incompetent to vote, and Iowa department of public health and
30human services records of deceased persons.
31 Sec. 40. Section 48A.19, subsection 1, Code 2023, is amended
32to read as follows:
331. The following state agencies are responsible for voter
34registration:
35a. All state offices that have direct client contact and
-20-1provide applications for public assistance, including but not
2limited to offices administering the following programs:
3(1) Food stamps The supplemental nutrition assistance
4program.
5(2) Medical The medical assistance program under chapter
6249A.
7(3) Iowa The Iowa family investment program.
8(4) Special The special supplemental nutrition program for
9women, infants, and children.
10b. (1) All offices that provide state-funded programs
11primarily engaged in providing services to persons with
12disabilities, including but not limited to all of the
13following:
14(a) Department for the blind.
15(b) Division of vocational rehabilitation services of the
16department of education workforce development.
17(c) Office of deaf services of the department of health and
18 human rights services or its successor agency.
19(d) Office of persons with disabilities of the department of
20health and human rights services or its successor agency.
21(2) An agency designated a voter registration agency
22under this paragraph which provides services to persons with
23disabilities in their homes shall provide voter registration
24services at the clients’ homes.
25c. Other federal and state agencies designated to provide
26voter registration services include, but are not limited to,
27the United States armed forces recruiting offices.
28 Sec. 41. Section 48A.31, Code 2023, is amended to read as
29follows:
3048A.31 Deceased persons record.
31The state registrar of vital statistics shall transmit
32or cause to be transmitted to the state registrar of voters,
33once each calendar quarter, a certified list of all persons
34seventeen years of age and older in the state whose deaths have
35been reported to the bureau state registrar of vital records
-21-1of the Iowa department of public health statistics since the
2previous list of decedents was certified to the state registrar
3of voters. The list shall be submitted according to the
4specifications of the state registrar of voters and shall be
5transmitted to the state registrar of voters without charge
6for production or transmission. The commissioner shall, in
7the month following the end of a calendar quarter, run the
8statewide voter registration system’s matching program to
9determine whether a listed decedent was registered to vote in
10the county and shall immediately cancel the registration of any
11person named on the list of decedents.
12 Sec. 42. Section 68B.2, subsection 23, Code 2023, is amended
13to read as follows:
1423. “Regulatory agency” means the department of agriculture
15and land stewardship, department of workforce development,
16department of commerce, Iowa department of public health,
17 department of public safety, department of education, state
18board of regents, department of health and human services,
19department of revenue, department of inspections and appeals,
20department of administrative services, public employment
21relations board, state department of transportation, civil
22rights commission, department of public defense, department of
23homeland security and emergency management, Iowa ethics and
24campaign disclosure board, and department of natural resources.
25 Sec. 43. Section 80.9B, subsections 3 and 7, Code 2023, are
26amended to read as follows:
273. The provisions of chapter 141A also do not apply to
28the transmission of the same information from either or
29both information systems to employees of state correctional
30institutions subject to the jurisdiction of the department
31of corrections, employees of secure facilities for juveniles
32subject to the jurisdiction of the department of health and
33 human services, and employees of city and county jails, if
34those employees have direct physical supervision over inmates
35of those facilities or institutions.
-22- 17. The commissioner shall develop and establish, in
2cooperation with the department of corrections and the
3department of public health and human services, training
4programs and program criteria for persons receiving human
5immunodeficiency virus-related information through the Iowa
6criminal justice information system or the national crime
7information center system.
8 Sec. 44. Section 80.28, subsection 2, paragraph a,
9subparagraph (6), Code 2023, is amended to read as follows:
10(6) One member representing the Iowa department of public
11 health and human services.
12 Sec. 45. Section 80B.11C, Code 2023, is amended to read as
13follows:
1480B.11C Public safety telecommunicator training standards.
15The director of the academy, subject to the approval of
16the council, in consultation with the Iowa state sheriffs’
17and deputies’ association, the Iowa police executive forum,
18the Iowa peace officers association, the Iowa state police
19association, the Iowa professional fire fighters, the Iowa
20emergency medical services association, the joint council of
21Iowa fire service organizations, the Iowa department of public
22safety, the Iowa chapter of the association of public-safety
23communications officials—international, inc., the Iowa chapter
24of the national emergency number association, the department
25of homeland security and emergency management, and the Iowa
26 department of public health and human services, shall adopt
27rules pursuant to chapter 17A establishing minimum standards
28for training of public safety telecommunicators. “Public
29safety telecommunicator” means a person who serves as a first
30responder by receiving requests for, or by dispatching requests
31to, emergency response agencies which include but are not
32limited to law enforcement, fire, rescue, and emergency medical
33services agencies.
34 Sec. 46. Section 80E.2, Code 2023, is amended to read as
35follows:
-23- 180E.2 Drug policy advisory council — membership — duties.
21. An Iowa drug policy advisory council is established which
3shall consist of the following seventeen members:
4a. The drug policy coordinator director, who shall serve as
5chairperson of the council.
6b. The director of the department of corrections, or the
7director’s designee.
8c. The director of the department of education, or the
9director’s designee.
10d. The director of the department of public health and human
11services, or the director’s designee.
12e. The commissioner of public safety, or the commissioner’s
13designee.
14f. The director of the department of human services, or the
15director’s designee.
16g. The director of the division of criminal and juvenile
17justice planning in the department of human rights, or the
18division director’s designee.
19h. f. The state public defender, or the state public
20defender’s designee.
21i. g. A prosecuting attorney.
22j. h. A certified alcohol and drug counselor.
23k. i. A certified substance abuse use disorder prevention
24specialist.
25l. j. A substance use disorder treatment program director.
26m. k. A justice of the Iowa supreme court, or judge, as
27designated by the chief justice of the supreme court.
28n. l. A member representing the Iowa peace officers
29association.
30o. m. A member representing the Iowa state police
31association.
32p. n. A member representing the Iowa state sheriffs’ and
33deputies’ association.
34q. o. A police chief.
352. The prosecuting attorney, certified alcohol and drug
-24-1counselor, certified substance abuse use disorder prevention
2specialist, substance use disorder treatment program director,
3member representing the Iowa peace officers association,
4member representing the Iowa state police association, the
5member representing the Iowa state sheriffs’ and deputies’
6association, and the member who is a police chief shall be
7appointed by the governor, subject to senate confirmation, for
8four-year terms beginning and ending as provided in section
969.19. A vacancy on the council shall be filled for the
10unexpired term in the same manner as the original appointment
11was made.
123. The council shall make policy recommendations to
13the appropriate departments concerning the administration,
14development, and coordination of programs related to substance
15abuse use disorder education, prevention, treatment, and
16enforcement.
174. The members of the council shall be reimbursed for actual
18and necessary travel and related expenses incurred in the
19discharge of official duties. Each member of the council may
20also be eligible to receive compensation as provided in section
217E.6.
225. The council shall meet at least semiannually throughout
23the year.
246. A majority of the members of the council constitutes a
25quorum, and a majority of the total membership of the council
26is necessary to act in any matter within the jurisdiction of
27the council.
28 Sec. 47. Section 84A.1A, subsection 1, paragraph b, Code
292023, is amended to read as follows:
30b. The nonvoting members of the Iowa workforce development
31board shall include the following:
32(1) One state senator appointed by the minority leader of
33the senate, who shall serve for a term as provided in section
3469.16B.
35(2) One state representative appointed by the minority
-25-1leader of the house of representatives, who shall serve for a
2term as provided in section 69.16B.
3(3) One president, or the president’s designee, of the
4university of northern Iowa, the university of Iowa, or Iowa
5state university of science and technology, designated by the
6state board of regents on a rotating basis.
7(4) One president, or the president’s designee, of an
8independent Iowa college, appointed by the Iowa association of
9independent colleges and universities.
10(5) One president or president’s designee, of a community
11college, appointed by the Iowa association of community college
12presidents.
13(6) One representative of the economic development
14authority, appointed by the director.
15(7) One representative of the department on aging,
16appointed by the director.
17(8) (7) One representative of the department of
18corrections, appointed by the director.
19(9) (8) One representative of the department of health and
20 human services, appointed by the director.
21(10) (9) One representative of the United States department
22of labor, office of apprenticeship.
23(11) (10) One representative from the largest statewide
24public employees’ organization representing state employees.
25(12) (11) One representative of a statewide labor
26organization representing employees in the construction
27industry.
28(13) (12) One representative of a statewide labor
29organization representing employees in the manufacturing
30industry.
31 Sec. 48. Section 84A.6, subsections 2 and 3, Code 2023, are
32amended to read as follows:
332. a. The director of the department of workforce
34development, in cooperation with the department of health
35and human services, shall provide job placement and training
-26-1to persons referred by the department of health and human
2services under the promoting independence and self-sufficiency
3through employment job opportunities and basic skills program
4established pursuant to chapter 239B and the food stamp
5 supplemental nutrition assistance program employment and
6training program.
7b. The department of workforce development, in consultation
8with the department of health and human services, shall develop
9and implement departmental recruitment and employment practices
10that address the needs of former and current participants in
11the family investment program under chapter 239B.
123. The director of the department of workforce development,
13in cooperation with the department of health and human rights
14 services and the vocational rehabilitation services division
15of the department of education workforce development, shall
16establish a program to provide job placement and training to
17persons with disabilities.
18 Sec. 49. Section 84A.9, Code 2023, is amended to read as
19follows:
2084A.9 Statewide mentoring program.
21A statewide mentoring program is established to recruit,
22screen, train, and match individuals in a mentoring
23relationship. The department of workforce development shall
24administer the program in collaboration with the departments
25of health and human services, and education, and human rights.
26The availability of the program is subject to the funding
27appropriated for the purposes of the program.
28 Sec. 50. Section 84A.11, subsection 2, Code 2023, is amended
29to read as follows:
302. The department of workforce development shall consult
31with the board of nursing, the department of public health
32and human services, the department of education, and other
33appropriate entities in developing recommendations to determine
34options for additional data collection.
35 Sec. 51. Section 84B.1, Code 2023, is amended to read as
-27-1follows:
284B.1 Workforce development system.
3The departments of workforce development, education,
4health and human services, and corrections, the economic
5development authority, the department on aging, the division
6of Iowa vocational rehabilitation services of the department
7of education workforce development, and the department for
8the blind shall collaborate where possible under applicable
9state and federal law to align workforce development programs,
10services, and activities in an integrated workforce development
11system in the state and in each local workforce development
12area that is data driven and responsive to the needs of
13workers, job seekers, and employers. The departments,
14authority, and division shall also jointly establish an
15integrated management information system for linking workforce
16development programs within local workforce development systems
17and in the state.
18 Sec. 52. Section 84B.2, unnumbered paragraph 1, Code 2023,
19is amended to read as follows:
20The department of workforce development, in consultation
21with the departments of education, health and human services,
22and corrections, the economic development authority,
23the department on aging, the division of Iowa vocational
24rehabilitation services of the department of education
25 workforce development, and the department for the blind
26shall establish guidelines for colocating state and federal
27employment and training programs in centers providing services
28at the local level. The centers shall be known as workforce
29development centers. The guidelines shall provide for local
30design and operation within the guidelines. The core services
31available at a center shall include but are not limited to all
32of the following:
33 Sec. 53. Section 85.38, subsection 4, Code 2023, is amended
34to read as follows:
354. Lien for hospital and medical services under chapter
-28-1249A. In the event any hospital or medical services as provided
2in section 85.27 are paid by the state department of health and
3 human services on behalf of an employee who is entitled to such
4benefits under the provisions of this chapter or chapter 85A or
585B, a lien shall exist as respects the right of such employee
6to benefits as described in section 85.27.
7 Sec. 54. Section 85.60, Code 2023, is amended to read as
8follows:
985.60 Injuries while in work-based learning opportunity,
10employment training, or evaluation.
11A person participating in a work-based learning opportunity
12referred to in section 85.61, or receiving earnings while
13engaged in employment training or while undergoing an
14employment evaluation under the direction of a rehabilitation
15facility approved for purchase-of-service contracts or for
16referrals by the department of health and human services or the
17department of education, who sustains an injury arising out
18of and in the course of the work-based learning opportunity
19participation, employment training, or employment evaluation
20is entitled to benefits as provided in this chapter, chapter
2185A, chapter 85B, and chapter 86. Notwithstanding the minimum
22benefit provisions of this chapter, a person referred to in
23this section and entitled to benefits under this chapter is
24entitled to receive a minimum weekly benefit amount for a
25permanent partial disability under section 85.34, subsection
262, or for a permanent total disability under section 85.34,
27subsection 3, equal to the weekly benefit amount of a person
28whose gross weekly earnings are thirty-five percent of the
29statewide average weekly wage computed pursuant to section 96.3
30and in effect at the time of the injury.
31 Sec. 55. Section 85.61, subsection 3, paragraph b, Code
322023, is amended to read as follows:
33b. A rehabilitation facility approved for
34purchase-of-service contracts or for referrals by the
35department of health and human services or the department of
-29-1education.
2 Sec. 56. Section 85A.11, subsection 2, Code 2023, is amended
3to read as follows:
42. The specimens for the tests required by this section
5must be taken by a licensed practicing physician or osteopathic
6physician, and immediately delivered to the state hygienic
7laboratory of the Iowa department of public health at Iowa
8City. Each specimen shall be in a container upon which is
9plainly printed the name and address of the subject, the date
10when the specimen was taken, the name and address of the
11subject’s employer, and a certificate by the physician or
12osteopathic physician that the physician took the specimen
13from the named subject on the date stated over the physician’s
14signature and address.
15 Sec. 57. Section 85A.20, Code 2023, is amended to read as
16follows:
1785A.20 Investigation.
18The workers’ compensation commissioner may designate
19the industrial hygiene physician medical director of the
20Iowa department of public health and human services and two
21physicians selected by the dean of the university of Iowa
22college of medicine, from the staff of the college, who shall
23be qualified to diagnose and report on occupational diseases.
24For the purpose of investigating occupational diseases, the
25physicians shall have the use, without charge, of all necessary
26laboratory and other facilities of the university of Iowa
27college of medicine and of the university hospital at the state
28university of Iowa, and of the Iowa department of public health
29and human services in performing the physicians’ duties.
30 Sec. 58. Section 89.4, subsection 1, paragraph h, Code 2023,
31is amended to read as follows:
32h. Hot water heating boilers used for heating pools or spas
33regulated by the department of public health and human services
34 pursuant to chapter 135I.
35 Sec. 59. Section 89B.17, subsection 1, unnumbered paragraph
-30-11, Code 2023, is amended to read as follows:
2The director of public health and human services, the labor
3commissioner, and the director of the department of natural
4resources or the director’s designee under written signatures
5of all these parties may recommend any of the following
6actions:
7 Sec. 60. Section 92.17, subsection 3, Code 2023, is amended
8to read as follows:
93. A child from working in any occupation or business
10operated by the child’s parents. For the purposes of this
11subsection, “child” and “parents” include a foster child and the
12child’s foster parents who are licensed by the department of
13health and human services.
14 Sec. 61. Section 96.3, subsections 9 and 11, Code 2023, are
15amended to read as follows:
169. Child support intercept.
17a. An individual filing a claim for benefits under section
1896.6, subsection 1, shall, at the time of filing, disclose
19whether the individual owes a child support obligation which
20is being enforced by the child support recovery unit services
21 established in section 252B.2. If an individual discloses that
22such a child support obligation is owed and the individual is
23determined to be eligible for benefits under this chapter,
24the department shall notify the child support recovery unit
25 services of the individual’s disclosure and deduct and withhold
26from benefits payable to the individual the amount specified
27by the individual.
28b. However, if the child support recovery unit services
29 and an individual owing a child support obligation reach an
30agreement to have specified amounts deducted and withheld from
31the individual’s benefits and the child support recovery unit
32 services submits a copy of the agreement to the department, the
33department shall deduct and withhold the specified amounts.
34c. (1) However, if the department is notified of income
35withholding by the child support recovery unit services under
-31-1chapter 252D or section 598.22 or 598.23 or if income is
2garnisheed by the child support recovery unit services under
3chapter 642 and an individual’s benefits are condemned to the
4satisfaction of the child support obligation being enforced by
5the child support recovery unit services, the department shall
6deduct and withhold from the individual’s benefits that amount
7required through legal process.
8(2) Notwithstanding section 642.2, subsections 2, 3,
96, and 7, which restrict garnishments under chapter 642 to
10wages of public employees, the department may be garnisheed
11under chapter 642 by the child support recovery unit services
12 established in section 252B.2, pursuant to a judgment for child
13support against an individual eligible for benefits under this
14chapter.
15(3) Notwithstanding section 96.15, benefits under this
16chapter are not exempt from income withholding, garnishment,
17attachment, or execution if withheld for or garnisheed by the
18 child support recovery unit services, established in section
19252B.2, or if an income withholding order or notice of the
20income withholding order under section 598.22 or 598.23 is
21being enforced by the child support recovery unit services to
22satisfy the child support obligation of an individual who is
23eligible for benefits under this chapter.
24d. An amount deducted and withheld under paragraph “a”, “b”,
25or “c” shall be paid by the department to the child support
26recovery unit services, and shall be treated as if it were paid
27to the individual as benefits under this chapter and as if it
28were paid by the individual to the child support recovery unit
29 services in satisfaction of the individual’s child support
30obligations.
31e. If an agreement for reimbursement has been made, the
32department shall be reimbursed by the child support recovery
33unit services for the administrative costs incurred by the
34department under this section which are attributable to the
35enforcement of child support obligations by the child support
-32-1recovery unit services.
211. Overissuance of food stamp supplemental nutrition
3assistance program benefits. The department shall collect any
4overissuance of food stamp supplemental nutrition assistance
5program benefits by offsetting the amount of the overissuance
6from the benefits payable under this chapter to the individual.
7This subsection shall only apply if the department is
8reimbursed under an agreement with the department of health and
9 human services for administrative costs incurred in recouping
10the overissuance. The provisions of section 96.15 do not apply
11to this subsection.
12 Sec. 62. Section 97B.49B, subsection 1, paragraph e,
13subparagraph (16), Code 2023, is amended to read as follows:
14(16) A person employed by the department of health and
15 human services as a psychiatric security specialist at a civil
16commitment unit for sexually violent offenders facility.
17 Sec. 63. Section 99D.7, subsections 22 and 23, Code 2023,
18are amended to read as follows:
1922. To cooperate with the gambling treatment program
20administered by the Iowa department of public health and human
21services to incorporate information regarding the gambling
22treatment program and its toll-free telephone number in printed
23materials distributed by the commission. The commission may
24require licensees to have the information available in a
25conspicuous place as a condition of licensure.
2623. To establish a process to allow a person to be
27voluntarily excluded from advance deposit wagering as defined
28in section 99D.11, from an internet fantasy sports contest as
29defined in section 99E.1, from advance deposit sports wagering
30as defined in section 99F.9, and from the wagering area of
31a racetrack enclosure, from the gaming floor, and from the
32sports wagering area, as defined in section 99F.1, of all
33other licensed facilities under this chapter and chapter 99F
34as provided in this subsection. The process shall provide
35that an initial request by a person to be voluntarily excluded
-33-1shall be for a period of five years or life and any subsequent
2request following any five-year period shall be for a period of
3five years or life. The process established shall require that
4licensees be provided electronic access to names and social
5security numbers of persons voluntarily excluded through a
6secured interactive internet site maintained by the commission
7and information regarding persons voluntarily excluded shall
8be disseminated to all licensees under this chapter, chapter
999E, and chapter 99F. The names, social security numbers, and
10information regarding persons voluntarily excluded shall be
11kept confidential unless otherwise ordered by a court or by
12another person duly authorized to release such information.
13The process established shall also require a person requesting
14to be voluntarily excluded be provided information compiled
15by the Iowa department of public health and human services
16 on gambling treatment options. The state and any licensee
17under this chapter, chapter 99E, or chapter 99F shall not be
18liable to any person for any claim which may arise from this
19process. In addition to any other penalty provided by law, any
20money or thing of value that has been obtained by, or is owed
21to, a voluntarily excluded person as a result of wagers made
22by the person after the person has been voluntarily excluded
23shall be forfeited by the person and shall be credited to the
24general fund of the state. The commission shall not initiate
25any administrative action or impose penalties on a licensee who
26voluntarily reports to the commission activity described in
27section 99D.24, subsection 4, paragraph “c”.
28 Sec. 64. Section 99D.9, subsection 6, paragraph b, Code
292023, is amended to read as follows:
30b. A licensee shall not permit a financial institution,
31vendor, or other person to dispense cash or credit through an
32electronic or mechanical device including but not limited to a
33satellite terminal as defined in section 527.2, that is located
34in the wagering area. However, this paragraph shall not apply
35to cashless wagering systems where a person accesses a cash
-34-1account through a mobile application used by the licensee
2to conduct cashless wagering. The mobile application shall
3include the statewide telephone number authorized by the Iowa
4 department of public health and human services to provide
5problem gambling information and extensive responsible gaming
6features in addition to those described in section 99D.7,
7subsection 23.
8 Sec. 65. Section 99E.5, subsection 2, paragraph d, Code
92023, is amended to read as follows:
10d. Include on the internet site or mobile application used
11by the licensee to conduct internet fantasy sports contests the
12statewide telephone number authorized by the Iowa department of
13public health and human services to provide problem gambling
14information and extensive responsible gaming features in
15addition to those described in section 99F.4, subsection 22.
16 Sec. 66. Section 99F.4, subsection 22, Code 2023, is amended
17to read as follows:
1822. To establish a process to allow a person to be
19voluntarily excluded from advance deposit wagering as defined
20in section 99D.11, from an internet fantasy sports contest
21as defined in section 99E.1, from advance deposit sports
22wagering as defined in section 99F.9, from the gaming floor
23and sports wagering area of an excursion gambling boat, from
24the wagering area, as defined in section 99D.2, and from the
25gaming floor and sports wagering area of all other licensed
26facilities under this chapter and chapter 99D as provided in
27this subsection. The process shall provide that an initial
28request by a person to be voluntarily excluded shall be for
29a period of five years or life and any subsequent request
30following any five-year period shall be for a period of five
31years or life. The process established shall require that
32licensees be provided electronic access to names and social
33security numbers of persons voluntarily excluded through a
34secured interactive internet site maintained by the commission
35and information regarding persons voluntarily excluded shall
-35-1be disseminated to all licensees under this chapter, chapter
299D, and chapter 99E. The names, social security numbers, and
3information regarding persons voluntarily excluded shall be
4kept confidential unless otherwise ordered by a court or by
5another person duly authorized to release such information.
6The process established shall also require a person requesting
7to be voluntarily excluded be provided information compiled
8by the Iowa department of public health and human services
9 on gambling treatment options. The state and any licensee
10under this chapter, chapter 99D, or chapter 99E shall not be
11liable to any person for any claim which may arise from this
12process. In addition to any other penalty provided by law, any
13money or thing of value that has been obtained by, or is owed
14to, a voluntarily excluded person as a result of wagers made
15by the person after the person has been voluntarily excluded
16shall be forfeited by the person and shall be credited to the
17general fund of the state. The commission shall not initiate
18any administrative action or impose penalties on a licensee who
19voluntarily reports to the commission activity described in
20section 99F.15, subsection 4, paragraph “n”.
21 Sec. 67. Section 99F.7, subsection 10, paragraph b, Code
222023, is amended to read as follows:
23b. A licensee shall not permit a financial institution,
24vendor, or other person to dispense cash or credit through an
25electronic or mechanical device including but not limited to
26a satellite terminal, as defined in section 527.2, that is
27located on the gaming floor. However, this paragraph shall not
28apply to cashless wagering systems where a person accesses a
29cash account through a mobile application used by the licensee
30to conduct cashless wagering. The mobile application shall
31include the statewide telephone number authorized by the Iowa
32 department of public health and human services to provide
33problem gambling information and extensive responsible gaming
34features in addition to those described in section 99F.4,
35subsection 22.
-36-1 Sec. 68. Section 99F.7A, subsection 2, paragraph a, Code
22023, is amended to read as follows:
3a. Include on the internet site or mobile application used
4by the licensee to conduct advance deposit sports wagering as
5authorized in section 99F.9 the statewide telephone number
6authorized by the Iowa department of public health and human
7services to provide problem gambling information and extensive
8responsible gaming features in addition to those described in
9section 99F.4, subsection 22.
10 Sec. 69. Section 100C.1, subsection 1, Code 2023, is amended
11to read as follows:
121. “Alarm system” means a system or portion of a combination
13system that consists of components and circuits arranged to
14monitor and annunciate the status of a fire alarm, security
15alarm, or nurse call or supervisory signal-initiating devices
16and to initiate the appropriate response to those signals,
17but does not mean any such security system or portion of a
18combination system installed in a prison, jail, or detention
19facility owned by the state, a political subdivision of the
20state, the department of health and human services, or the Iowa
21veterans home.
22 Sec. 70. Section 101C.3, subsection 1, Code 2023, is amended
23to read as follows:
241. The Iowa propane education and research council is
25established. The council shall consist of ten voting members,
26nine of whom represent retail propane marketers and one of whom
27shall be the administrator of the division of a representative
28of the department of health and human services responsible
29for community action agencies of the department of human
30rights. Members of the council other than the administrator
31 representing retail propane marketers shall be appointed by the
32fire marshal from a list of nominees submitted by qualified
33propane industry organizations by December 15 of each year. A
34vacancy in the unfinished term of a council member shall be
35filled for the remainder of the term in the same manner as the
-37-1original appointment was made. Other than the administrator,
2council Council members representing retail propane marketers
3 shall be full-time employees or owners of a propane industry
4business or representatives of an agricultural cooperative
5actively engaged in the propane industry. An employee of a
6qualified propane industry organization shall not serve as a
7member of the council. An officer of the board of directors of
8a qualified propane industry organization or propane industry
9trade association shall not serve concurrently as a member of
10the council. The fire marshal or a designee may serve as an ex
11officio, nonvoting member of the council.
12 Sec. 71. Section 123.47, subsection 4, paragraph a,
13subparagraph (2), Code 2023, is amended to read as follows:
14(2) A second offense shall be a simple misdemeanor
15punishable by a fine of five hundred dollars. In addition to
16any other applicable penalty, the person in violation of this
17section shall choose between either completing a substance
18abuse use disorder evaluation or the suspension of the person’s
19motor vehicle operating privileges for a period not to exceed
20one year.
21 Sec. 72. Section 124.409, subsection 1, Code 2023, is
22amended to read as follows:
231. Whenever the court finds that a person who is charged
24with a violation of section 124.401 and who consents thereto,
25or who has entered a plea of guilty to or been found guilty of
26a violation of that section, is addicted to, dependent upon,
27or a chronic abuser user of any controlled substance and that
28such person will be aided by proper medical treatment and
29rehabilitative services, the court may order that the person
30be committed as an in-patient or out-patient to a facility
31licensed by the Iowa department of public health and human
32services for medical treatment and rehabilitative services.
33 Sec. 73. Section 124.504, subsection 3, Code 2023, is
34amended to read as follows:
353. A practitioner engaged in medical practice or research
-38-1or the Iowa drug abuse substance use disorder authority or
2any program which is licensed by the authority shall not be
3required to furnish the name or identity of a patient or
4research subject to the board or the department, nor shall the
5practitioner or the authority or any program which is licensed
6by the authority be compelled in any state or local civil,
7criminal, administrative, legislative or other proceedings
8to furnish the name or identity of an individual that the
9practitioner or the authority or any of its licensed programs
10is obligated to keep confidential.
11 Sec. 74. Section 124.551, subsection 2, paragraph a,
12unnumbered paragraph 1, Code 2023, is amended to read as
13follows:
14The program shall collect from pharmacies dispensing
15information for controlled substances identified pursuant
16to section 124.554, subsection 1, paragraph “g”, and from
17first responders as defined in section 147A.1, subsection
187, with the exception of emergency medical care providers
19as defined in section 147A.1, subsection 4, administration
20information for opioid antagonists. The department of public
21 health and human services shall provide information for the
22administration of opioid antagonists to the board as prescribed
23by rule for emergency medical care providers as defined in
24section 147A.1, subsection 4. The board shall adopt rules
25requiring the following information to be provided regarding
26the administration of opioid antagonists:
27 Sec. 75. Section 124.556, Code 2023, is amended to read as
28follows:
29124.556 Education and treatment.
30The program shall include education initiatives and outreach
31to consumers, prescribing practitioners, and pharmacists, and
32shall also include assistance for identifying substance abuse
33 use disorder treatment programs and providers. The program
34shall also include educational updates and information on
35general patient risk factors for prescribing practitioners.
-39-1The board and advisory council shall adopt rules, as provided
2under section 124.554, to implement this section.
3 Sec. 76. Section 124E.2, subsections 3 and 8, Code 2023, are
4amended to read as follows:
53. “Department” means the department of public health and
6human services.
78. “Laboratory” means the state hygienic laboratory
8at the university of Iowa in Iowa City or any other
9independent medical cannabidiol testing facility accredited
10to standard ISO/IEC 17025 by an international organization
11for standards-approved accrediting body, with a controlled
12substance registration certificate from the United States drug
13enforcement administration and a certificate of registration
14from the board of pharmacy. For the purposes of this chapter,
15an independent laboratory is a laboratory operated by an
16entity that has no equity ownership in a medical cannabidiol
17manufacturer.
18 Sec. 77. Section 124E.6, subsection 4, Code 2023, is amended
19to read as follows:
204. A medical cannabidiol manufacturer shall contract with
21a laboratory to perform spot-check testing of the medical
22cannabidiol produced by the medical cannabidiol manufacturer
23as provided in section 124E.7. The department shall require
24that the laboratory report testing results to the medical
25cannabidiol manufacturer and the department as determined by
26the department by rule. If a medical cannabidiol manufacturer
27contracts with a laboratory other than the state hygienic
28laboratory at the university of Iowa in Iowa City, the
29department shall approve the laboratory to perform testing
30pursuant to this chapter.
31 Sec. 78. Section 124E.14, Code 2023, is amended to read as
32follows:
33124E.14 Out-of-state medical cannabidiol dispensaries.
34The department of public health shall utilize a request for
35proposals process to select and license by December 1, 2017,
-40-1up to two out-of-state medical cannabidiol dispensaries from a
2bordering state to sell and dispense medical cannabidiol to a
3patient or primary caregiver in possession of a valid medical
4cannabidiol registration card issued under this chapter.
5 Sec. 79. Section 125.1, Code 2023, is amended to read as
6follows:
7125.1 Declaration of policy.
8It is the policy of this state:
91. That persons with substance-related disorders a
10substance use disorder be afforded the opportunity to
11receive quality treatment and directed into rehabilitation
12services which will help them resume a socially acceptable and
13productive role in society.
142. To encourage substance abuse use disorder education
15and prevention efforts and to insure that such efforts are
16coordinated to provide a high quality of services without
17unnecessary duplication.
183. To insure that substance abuse use disorder programs
19are being operated by individuals who are qualified in their
20field whether through formal education or through employment
21or personal experience.
22 Sec. 80. Section 125.2, Code 2023, is amended to read as
23follows:
24125.2 Definitions.
25For purposes of this chapter, unless the context clearly
26indicates otherwise:
271. “Board” means the state board of health created pursuant
28to chapter 136.
292. 1. “Chemical substance” means alcohol, wine, spirits,
30and beer as defined in chapter 123 and controlled substances
31as defined in section 124.101.
323. 2. “Chief medical officer” means the medical director
33in charge of a public or private hospital, or the director’s
34physician-designee. This chapter does not negate the
35authority otherwise reposed by chapter 226 in the respective
-41-1superintendents of the state mental health institutes to make
2decisions regarding the appropriateness of admissions or
3discharges of patients of those institutes, however, it is
4the intent of this chapter that a superintendent who is not a
5licensed physician shall be guided in these decisions by the
6chief medical officer of the institute.
74. 3. “Clerk” means the clerk of the district court.
84. “Council” means the council on health and human services.
95. “County of residence” means the same as defined in
10section 331.394.
116. “Department” means the Iowa department of public health
12and human services.
137. “Director” means the director of the Iowa department of
14public health and human services.
158. “Facility” means an institution, a detoxification center,
16or an installation providing care, maintenance and treatment
17for persons with substance-related disorders a substance use
18disorder licensed by the department under section 125.13,
19hospitals licensed under chapter 135B, or the state mental
20health institutes designated by chapter 226.
219. “Incapacitated by a chemical substance” means that a
22person, as a result of the use of a chemical substance, is
23unconscious or has the person’s judgment otherwise so impaired
24that the person is incapable of realizing and making a rational
25decision with respect to the need for treatment.
2610. “Incompetent person” means a person who has been
27adjudged incompetent by a court of law.
2811. “Interested person” means a person who, in the
29discretion of the court, is legitimately concerned that a
30respondent receive substance abuse use disorder treatment
31services.
3212. “Magistrate” means the same as defined in section 801.4,
33subsection 10.
3413. “Mental health professional” means the same as defined
35in section 228.1.
-42- 114. “Psychiatric advanced registered nurse practitioner”
2means an individual currently licensed as a registered nurse
3under chapter 152 or 152E who holds a national certification in
4psychiatric mental health care and who is licensed by the board
5of nursing as an advanced registered nurse practitioner.
615. “Respondent” means a person against whom an application
7is filed under section 125.75.
816. “Substance-related disorder” “Substance use disorder”
9 means a diagnosable substance abuse use disorder of sufficient
10duration to meet diagnostic criteria specified within the most
11current diagnostic and statistical manual of mental disorders
12published by the American psychiatric association that results
13in a functional impairment.
14 Sec. 81. Section 125.3, Code 2023, is amended to read as
15follows:
16125.3 Substance abuse use disorder program established.
17The Iowa department of public health shall develop,
18implement, and administer a comprehensive substance abuse use
19disorder program pursuant to sections 125.1 and 125.2, this
20section, and sections 125.7, 125.9, 125.10, 125.12 through
21125.21, 125.25, 125.32 through 125.34, and 125.37 through
22125.43.
23 Sec. 82. Section 125.7, Code 2023, is amended to read as
24follows:
25125.7 Duties of the board council.
26The board council shall:
271. Approve the comprehensive substance abuse use disorder
28 program, developed by the department pursuant to sections 125.1
29through 125.3, this section, and sections 125.9, 125.10, 125.12
30through 125.21, 125.25, 125.32 through 125.34, and 125.37
31through 125.43.
322. Advise the department on policies governing the
33performance of the department in the discharge of any duties
34imposed on the department by law.
353. Advise or make recommendations to the governor and the
-43-1general assembly relative to substance abuse use disorder
2 treatment, intervention, education, and prevention programs in
3this state.
44. Adopt rules for subsections 1 and 6 and review other
5rules necessary to carry out the provisions of this chapter,
6subject to review in accordance with chapter 17A.
75. Investigate the work of the department relating to
8substance abuse use disorder, and for this purpose the board
9 council shall have access at any time to all books, papers,
10documents, and records of the department.
116. Consider and approve or disapprove all applications
12for a license and all cases involving the renewal, denial,
13suspension, or revocation of a license.
147. Act as the appeal board regarding funding decisions made
15by the department.
16 Sec. 83. Section 125.9, subsections 1, 2, 4, 5, and 6, Code
172023, are amended to read as follows:
181. Plan, establish and maintain treatment, intervention,
19education, and prevention programs as necessary or desirable in
20accordance with the comprehensive substance abuse use disorder
21 program.
222. Make contracts necessary or incidental to the
23performance of the duties and the execution of the powers
24of the director, including contracts with public and
25private agencies, organizations and individuals to pay
26them for services rendered or furnished to persons with
27substance-related disorders a substance use disorder.
284. Coordinate the activities of the department and
29cooperate with substance abuse use disorder programs in
30this and other states, and make contracts and other joint or
31cooperative arrangements with state, local or private agencies
32in this and other states for the treatment of persons with
33substance-related disorders a substance use disorder and
34for the common advancement of substance abuse use disorder
35 programs.
-44- 15. Require that a written report, in reasonable detail, be
2submitted to the director at any time by any agency of this
3state or of any of its political subdivisions in respect to any
4substance abuse use disorder prevention function, or program
5for the benefit of persons who are or have been involved in
6substance abuse use disorder, which is being conducted by the
7agency.
86. Submit to the governor a written report of the
9pertinent facts at any time the director concludes that any
10agency of this state or of any of its political subdivisions
11is conducting any substance abuse use disorder prevention
12function, or program for the benefit of persons who are or have
13been involved in substance abuse use disorder in a manner not
14consistent with or which impairs achievement of the objectives
15of the state plan to combat substance abuse use disorder, and
16has failed to effect appropriate changes in the function or
17program.
18 Sec. 84. Section 125.10, Code 2023, is amended to read as
19follows:
20125.10 Duties of director.
21The director shall:
221. Prepare and submit a state plan subject to approval by
23the board council and in accordance with 42 U.S.C. §300x-21 et
24seq. The state plan shall designate the department as the sole
25agency for supervising the administration of the plan.
262. Develop, encourage, and foster statewide, regional,
27and local plans and programs for the prevention of substance
28misuse use disorder and the treatment of persons with
29substance-related disorders a substance use disorder in
30cooperation with public and private agencies, organizations and
31individuals, and provide technical assistance and consultation
32services for these purposes.
333. Coordinate the efforts and enlist the assistance of all
34public and private agencies, organizations, and individuals
35interested in the prevention of substance misuse use disorder
-45-1 and the treatment of persons with substance-related disorders a
2substance use disorder. The director’s actions to implement
3this subsection shall also address the treatment needs of
4persons who have a mental illness, an intellectual disability,
5brain injury, or other co-occurring condition in addition to a
6substance-related substance use disorder.
74. Cooperate with the department of human services and
8the Iowa department of public health in establishing and
9conducting programs to provide treatment for persons with
10substance-related disorders a substance use disorder.
115. Cooperate with the department of education, boards
12of education, schools, police departments, courts, and other
13public and private agencies, organizations, and individuals
14in establishing programs for the prevention of substance
15misuse use disorder and the treatment of persons with
16substance-related disorders a substance use disorder, and in
17preparing relevant curriculum materials for use at all levels
18of school education.
196. Prepare, publish, evaluate and disseminate educational
20material dealing with the nature and effects of chemical
21substances.
227. Develop and implement, as an integral part of treatment
23programs, an educational program for use in the treatment
24of persons with substance-related disorders a substance use
25disorder, which program shall include the dissemination of
26information concerning the nature and effects of substances.
278. Organize and implement, in cooperation with local
28treatment programs, training programs for all persons engaged
29in treatment of persons with substance-related disorders a
30substance use disorder.
319. Sponsor and implement research in cooperation with
32local treatment programs into the causes and nature of
33substance misuse use disorder and treatment of persons with
34substance-related disorders a substance use disorder, and serve
35as a clearing house for information relating to substance
-46-1misuse use disorder.
210. Specify uniform methods for keeping statistical
3information by public and private agencies, organizations,
4and individuals, and collect and make available relevant
5statistical information, including number of persons treated,
6frequency of admission and readmission, and frequency and
7duration of treatment.
811. Develop and implement, with the counsel and approval
9of the board council, the comprehensive plan for treatment
10of persons with substance-related disorders a substance use
11disorder in accordance with this chapter.
1212. Assist in the development of, and cooperate with,
13substance abuse use disorder education and treatment programs
14for employees of state and local governments and businesses and
15industries in the state.
1613. Utilize the support and assistance of interested
17persons in the community, particularly persons who are
18recovering from substance-related disorders a substance use
19disorder to encourage persons with substance-related disorders
20 a substance use disorder to voluntarily undergo treatment.
2114. Cooperate with the commissioner of public safety in
22establishing and conducting programs designed to deal with the
23problem of persons operating motor vehicles while intoxicated.
2415. Encourage general hospitals and other appropriate
25health facilities to admit without discrimination persons
26with substance-related disorders a substance use disorder
27 and to provide them with adequate and appropriate treatment.
28The director may negotiate and implement contracts with
29hospitals and other appropriate health facilities with adequate
30detoxification facilities.
3116. Encourage all health and disability insurance programs
32to include substance-related substance use disorders as covered
33illnesses.
3417. Review all state health, welfare, education and
35treatment proposals to be submitted for federal funding under
-47-1federal legislation, and advise the governor on provisions
2to be included relating to substance misuse use disorder and
3persons with substance-related disorders a substance use
4disorder.
5 Sec. 85. Section 125.12, subsections 1 and 3, Code 2023, are
6amended to read as follows:
71. The board council shall review the comprehensive
8substance abuse use disorder program implemented by the
9department for the treatment of persons with substance-related
10disorders a substance use disorder and concerned family
11members. Subject to the review of the board council, the
12director shall divide the state into appropriate regions
13for the conduct of the program and establish standards for
14the development of the program on the regional level. In
15establishing the regions, consideration shall be given to city
16and county lines, population concentrations, and existing
17substance abuse use disorder treatment services.
183. The director shall provide for adequate and appropriate
19treatment for persons with substance-related disorders a
20substance use disorder and concerned family members admitted
21under sections 125.33 and 125.34, or under section 125.75,
22125.81, or 125.91. Treatment shall not be provided at a
23correctional institution except for inmates. A mental health
24professional who is employed by a treatment provider under the
25program may provide treatment to a person with co-occurring
26substance-related substance use and mental health disorders.
27Such treatment may also be provided by a person employed by
28such a treatment provider who is receiving the supervision
29required to meet the definition of mental health professional
30but has not completed the supervision component.
31 Sec. 86. Section 125.13, subsection 1, paragraph a, Code
322023, is amended to read as follows:
33a. Except as provided in subsection 2, a person shall not
34maintain or conduct any chemical substitutes or antagonists
35program, residential program, or nonresidential outpatient
-48-1program, the primary purpose of which is the treatment and
2rehabilitation of persons with substance-related disorders a
3substance use disorder without having first obtained a written
4license for the program from the department.
5 Sec. 87. Section 125.13, subsection 2, paragraphs a, b, c,
6f, i, and j, Code 2023, are amended to read as follows:
7a. A hospital providing care or treatment to persons
8with substance-related disorders a substance use disorder
9 licensed under chapter 135B which is accredited by the joint
10commission on the accreditation of health care organizations,
11the commission on accreditation of rehabilitation facilities,
12the American osteopathic association, or another recognized
13organization approved by the board council. All survey reports
14from the accrediting or licensing body must be sent to the
15department.
16b. Any practitioner of medicine and surgery or osteopathic
17medicine and surgery, in the practitioner’s private practice.
18However, a program shall not be exempted from licensing by the
19board council by virtue of its utilization of the services of a
20medical practitioner in its operation.
21c. Private institutions conducted by and for persons who
22adhere to the faith of any well recognized church or religious
23denomination for the purpose of providing care, treatment,
24counseling, or rehabilitation to persons with substance-related
25disorders a substance use disorder and who rely solely on
26prayer or other spiritual means for healing in the practice of
27religion of such church or denomination.
28f. Individuals in private practice who are providing
29substance abuse use disorder treatment services independent
30from a program that is required to be licensed under subsection
311.
32i. A substance abuse use disorder treatment program not
33funded by the department which is accredited or licensed
34by the joint commission on the accreditation of health
35care organizations, the commission on the accreditation
-49-1of rehabilitation facilities, the American osteopathic
2association, or another recognized organization approved by
3the board council. All survey reports from the accrediting or
4licensing body must be sent to the department.
5j. A hospital substance abuse use disorder treatment program
6that is accredited or licensed by the joint commission on the
7accreditation of health care organizations, the commission on
8the accreditation of rehabilitation facilities, the American
9osteopathic association, or another recognized organization
10approved by the board council. All survey reports for the
11hospital substance abuse use disorder treatment program
12from the accrediting or licensing body shall be sent to the
13department.
14 Sec. 88. Section 125.14, Code 2023, is amended to read as
15follows:
16125.14 Licenses — renewal — fees.
17The board council shall consider all cases involving initial
18issuance, and renewal, denial, suspension, or revocation
19of a license. The department shall issue a license to an
20applicant whom the board council determines meets the licensing
21requirements of this chapter. Licenses shall expire no
22later than three years from the date of issuance and shall be
23renewed upon timely application made in the same manner as
24for initial issuance of a license unless notice of nonrenewal
25is given to the licensee at least thirty days prior to the
26expiration of the license. The department shall not charge a
27fee for licensing or renewal of programs contracting with the
28department for provision of treatment services. A fee may be
29charged to other licensees.
30 Sec. 89. Section 125.14A, Code 2023, is amended to read as
31follows:
32125.14A Personnel of a licensed program admitting juveniles.
331. If a person is being considered for licensure under this
34chapter, or for employment involving direct responsibility for
35a child or with access to a child when the child is alone, by
-50-1a program admitting juveniles subject to licensure under this
2chapter, or if a person will reside in a facility utilized
3by such a program, and if the person has been convicted of
4a crime or has a record of founded child abuse, the record
5check evaluation system of the department of human services
6 and the program, for an employee of the program, shall perform
7an evaluation to determine whether the crime or founded
8child abuse warrants prohibition of licensure, employment, or
9residence in the facility. The department of human services
10 record check evaluation system shall conduct criminal and
11child abuse record checks in this state and may conduct these
12checks in other states. The evaluation shall be performed in
13accordance with procedures adopted for this purpose by the
14department of human services.
152. If the department of human services record check
16evaluation system determines that a person has committed a
17crime or has a record of founded child abuse and is licensed,
18employed by a program licensed under this chapter, or resides
19in a licensed facility the department record check evaluation
20system shall notify the program that an evaluation will be
21conducted to determine whether prohibition of the person’s
22licensure, employment, or residence is warranted.
233. In an evaluation, the department of human services
24 record check evaluation system and the program for an employee
25of the program shall consider the nature and seriousness of
26the crime or founded child abuse in relation to the position
27sought or held, the time elapsed since the commission of the
28crime or founded child abuse, the circumstances under which
29the crime or founded child abuse was committed, the degree of
30rehabilitation, the likelihood that the person will commit the
31crime or founded child abuse again, and the number of crimes
32or founded child abuses committed by the person involved. The
33department of human services record check evaluation system
34 may permit a person who is evaluated to be licensed, employed,
35or to reside, or to continue to be licensed, employed, or
-51-1to reside in a program, if the person complies with the
2department’s record check evaluation system’s conditions
3relating to the person’s licensure, employment, or residence,
4which may include completion of additional training. For an
5employee of a licensee, these conditional requirements shall
6be developed with the licensee. The department of human
7services record check evaluation system has final authority
8in determining whether prohibition of the person’s licensure,
9employment, or residence is warranted and in developing any
10conditional requirements under this subsection.
114. If the department of human services record check
12evaluation system determines that the person has committed a
13crime or has a record of founded child abuse which warrants
14prohibition of licensure, employment, or residence, the person
15shall not be licensed under this chapter to operate a program
16admitting juveniles and shall not be employed by a program or
17reside in a facility admitting juveniles licensed under this
18chapter.
195. In addition to the record checks required under this
20section, the department of human services record check
21evaluation system may conduct dependent adult abuse record
22checks in this state and may conduct these checks in other
23states, on a random basis. The provisions of this section,
24relative to an evaluation following a determination that a
25person has been convicted of a crime or has a record of founded
26child abuse, shall also apply to a random check conducted under
27this subsection.
286. Beginning July 1, 1994, a A program or facility shall
29inform all new applicants for employment of the possibility
30of the performance of a record check and shall obtain, from
31the applicant, a signed acknowledgment of the receipt of the
32information.
337. On or after July 1, 1994, a A program or facility shall
34include the following inquiry in an application for employment:
35Do you have a record of founded child or dependent adult abuse
-52-1or have you ever been convicted of a crime, in this state or any
2other state?
3 Sec. 90. Section 125.15, Code 2023, is amended to read as
4follows:
5125.15 Inspections.
6The department may inspect the facilities and review the
7procedures utilized by any chemical substitutes or antagonists
8program, residential program, or nonresidential outpatient
9program that has as a primary purpose the treatment and
10rehabilitation of persons with substance-related disorders a
11substance use disorder, for the purpose of ensuring compliance
12with this chapter and the rules adopted pursuant to this
13chapter. The examination and review may include case record
14audits and interviews with staff and patients, consistent with
15the confidentiality safeguards of state and federal law.
16 Sec. 91. Section 125.15A, subsection 1, unnumbered
17paragraph 1, Code 2023, is amended to read as follows:
18The department may place an employee or agent to serve as a
19monitor in a licensed substance abuse use disorder treatment
20program or may petition the court for appointment of a receiver
21for a program when any of the following conditions exist:
22 Sec. 92. Section 125.15A, subsection 1, paragraph b, Code
232023, is amended to read as follows:
24b. The board council has suspended, revoked, or refused to
25renew the existing license of the program.
26 Sec. 93. Section 125.16, Code 2023, is amended to read as
27follows:
28125.16 Transfer of license or change of location prohibited.
29A license issued under this chapter may not be transferred,
30and the location of the physical facilities occupied or
31utilized by any program licensed under this chapter shall not
32be changed without the prior written consent of the board
33 council.
34 Sec. 94. Section 125.17, Code 2023, is amended to read as
35follows:
-53- 1125.17 License suspension or revocation.
2Violation of any of the requirements or restrictions of
3this chapter or of any of the rules adopted pursuant to this
4chapter is cause for suspension, revocation, or refusal to
5renew a license. The director shall at the earliest time
6feasible notify a licensee whose license the board council
7 is considering suspending or revoking and shall inform the
8licensee what changes must be made in the licensee’s operation
9to avoid such action. The licensee shall be given a reasonable
10time for compliance, as determined by the director, after
11receiving such notice or a notice that the board council does
12not intend to renew the license. When the licensee believes
13compliance has been achieved, or if the licensee considers
14the proposed suspension, revocation, or refusal to renew
15unjustified, the licensee may submit pertinent information to
16the board council and the board council shall expeditiously
17make a decision in the matter and notify the licensee of the
18decision.
19 Sec. 95. Section 125.18, Code 2023, is amended to read as
20follows:
21125.18 Hearing before board council.
22If a licensee under this chapter makes a written request
23for a hearing within thirty days of suspension, revocation,
24or refusal to renew a license, a hearing before the board
25 council shall be expeditiously arranged by the department of
26inspections and appeals whose decision is subject to review by
27the board council. The board council shall issue a written
28statement of the board’s council’s findings within thirty days
29after conclusion of the hearing upholding or reversing the
30proposed suspension, revocation, or refusal to renew a license.
31Action involving suspension, revocation, or refusal to renew a
32license shall not be taken by the board council unless a quorum
33is present at the meeting. A copy of the board’s council’s
34 decision shall be promptly transmitted to the affected licensee
35who may, if aggrieved by the decision, seek judicial review of
-54-1the actions of the board council in accordance with the terms
2of chapter 17A.
3 Sec. 96. Section 125.19, Code 2023, is amended to read as
4follows:
5125.19 Reissuance or reinstatement.
6After suspension, revocation, or refusal to renew a license
7pursuant to this chapter, the affected licensee shall not have
8the license reissued or reinstated within one year of the
9effective date of the suspension, revocation, or expiration
10upon refusal to renew, unless the board council orders
11otherwise. After that time, proof of compliance with the
12requirements and restrictions of this chapter and the rules
13adopted pursuant to this chapter must be presented to the board
14 council prior to reinstatement or reissuance of a license.
15 Sec. 97. Section 125.20, Code 2023, is amended to read as
16follows:
17125.20 Rules.
18The department shall establish rules pursuant to chapter
1917A requiring facilities to use reasonable accounting and
20reimbursement systems which recognize relevant cost-related
21factors for patients with a substance abuse patients use
22disorder. A facility shall not be licensed nor shall any
23payment be made under this chapter to a facility which fails
24to comply with those rules or which does not permit inspection
25by the department or examination of all records, including
26financial records, methods of administration, general and
27special dietary programs, the disbursement of drugs and methods
28of supply, and any other records the department deems relevant
29to the establishment of such a system. However, rules issued
30pursuant to this paragraph shall not apply to any facility
31referred to in section 125.13, subsection 2 or section 125.43.
32 Sec. 98. Section 125.21, subsection 1, Code 2023, is amended
33to read as follows:
341. The board council has exclusive power in this state
35to approve and license chemical substitutes and antagonists
-55-1programs, and to monitor chemical substitutes and antagonists
2programs to ensure that the programs are operating within the
3rules adopted pursuant to this chapter. The board council
4 shall grant approval and license if the requirements of the
5rules are met and state funding is not requested. The chemical
6substitutes and antagonists programs conducted by persons
7exempt from the licensing requirements of this chapter pursuant
8to section 125.13, subsection 2, are subject to approval and
9licensure under this section.
10 Sec. 99. Section 125.25, subsection 1, Code 2023, is amended
11to read as follows:
121. Before making any allocation of funds to a local
13substance abuse use disorder program, the department shall
14require a detailed line item budget clearly indicating the
15funds received from each revenue source for the fiscal year
16for which the funds are requested on forms provided by the
17department for each program.
18 Sec. 100. Section 125.32, unnumbered paragraph 1, Code
192023, is amended to read as follows:
20The department shall adopt and may amend and repeal rules
21for acceptance of persons into the treatment program, subject
22to chapter 17A, considering available treatment resources and
23facilities, for the purpose of early and effective treatment
24of persons with substance-related disorders a substance
25use disorder and concerned family members. In establishing
26the rules the department shall be guided by the following
27standards:
28 Sec. 101. Section 125.32A, Code 2023, is amended to read as
29follows:
30125.32A Discrimination prohibited.
31Any substance abuse use disorder treatment program receiving
32state funding under this chapter or any other chapter of the
33Code shall not discriminate against a person seeking treatment
34solely because the person is pregnant, unless the program
35in each instance identifies and refers the person to an
-56-1alternative and acceptable treatment program for the person.
2 Sec. 102. Section 125.33, Code 2023, is amended to read as
3follows:
4125.33 Voluntary treatment of persons with substance-related
5disorders a substance use disorder.
61. A person with a substance-related substance use
7 disorder may apply for voluntary treatment or rehabilitation
8services directly to a facility or to a licensed physician and
9surgeon or osteopathic physician and surgeon or to a mental
10health professional. If the proposed patient is a minor or
11an incompetent person, a parent, a legal guardian or other
12legal representative may make the application. The licensed
13physician and surgeon or osteopathic physician and surgeon,
14mental health professional, or any employee or person acting
15under the direction or supervision of the physician and
16surgeon or osteopathic physician and surgeon, mental health
17professional, or facility shall not report or disclose the
18name of the person or the fact that treatment was requested
19or has been undertaken to any law enforcement officer or law
20enforcement agency; nor shall such information be admissible as
21evidence in any court, grand jury, or administrative proceeding
22unless authorized by the person seeking treatment. If the
23person seeking such treatment or rehabilitation is a minor who
24has personally made application for treatment, the fact that
25the minor sought treatment or rehabilitation or is receiving
26treatment or rehabilitation services shall not be reported
27or disclosed to the parents or legal guardian of such minor
28without the minor’s consent, and the minor may give legal
29consent to receive such treatment and rehabilitation.
302. Subject to rules adopted by the department, the
31administrator or the administrator’s designee in charge of a
32facility may determine who shall be admitted for treatment
33or rehabilitation. If a person is refused admission, the
34administrator or the administrator’s designee, subject to rules
35adopted by the department, shall refer the person to another
-57-1facility for treatment if possible and appropriate.
23. A person with a substance-related substance use
3 disorder seeking treatment or rehabilitation and who is
4either addicted to or dependent on a chemical substance may
5first be examined and evaluated by a licensed physician and
6surgeon or osteopathic physician and surgeon or a mental health
7professional who may prescribe, if authorized or licensed
8to do so, a proper course of treatment and medication, if
9needed. The licensed physician and surgeon or osteopathic
10physician and surgeon or mental health professional may further
11prescribe a course of treatment or rehabilitation and authorize
12another licensed physician and surgeon or osteopathic physician
13and surgeon, mental health professional, or facility to
14provide the prescribed treatment or rehabilitation services.
15Treatment or rehabilitation services may be provided to a
16person individually or in a group. A facility providing or
17engaging in treatment or rehabilitation shall not report or
18disclose to a law enforcement officer or law enforcement
19agency the name of any person receiving or engaged in the
20treatment or rehabilitation; nor shall a person receiving or
21participating in treatment or rehabilitation report or disclose
22the name of any other person engaged in or receiving treatment
23or rehabilitation or that the program is in existence, to
24a law enforcement officer or law enforcement agency. Such
25information shall not be admitted in evidence in any court,
26grand jury, or administrative proceeding. However, a person
27engaged in or receiving treatment or rehabilitation may
28authorize the disclosure of the person’s name and individual
29participation.
304. If a patient receiving inpatient or residential care
31leaves a facility, the patient shall be encouraged to consent
32to appropriate outpatient or halfway house treatment. If it
33appears to the administrator in charge of the facility that
34the patient is a person with a substance-related substance
35use disorder who requires help, the director may arrange for
-58-1assistance in obtaining supportive services.
25. If a patient leaves a facility, with or against the
3advice of the administrator in charge of the facility, the
4director may make reasonable provisions for the patient’s
5transportation to another facility or to the patient’s home.
6If the patient has no home the patient shall be assisted in
7obtaining shelter. If the patient is a minor or an incompetent
8person, the request for discharge from an inpatient facility
9shall be made by a parent, legal guardian, or other legal
10representative, or by the minor or incompetent person if the
11patient was the original applicant.
126. Any person who reports or discloses the name of a
13person receiving treatment or rehabilitation services to a
14law enforcement officer or law enforcement agency or any
15person receiving treatment or rehabilitation services who
16discloses the name of any other person receiving treatment or
17rehabilitation services without the written consent of the
18person in violation of the provisions of this section shall
19upon conviction be guilty of a simple misdemeanor.
20 Sec. 103. Section 125.34, Code 2023, is amended to read as
21follows:
22125.34 Treatment and services for persons with
23substance-related disorders a substance use disorder due to
24intoxication and substance-induced incapacitation.
251. A person with a substance-related substance use disorder
26due to intoxication or substance-induced incapacitation may
27come voluntarily to a facility for emergency treatment. A
28person who appears to be intoxicated or incapacitated by a
29substance in a public place and in need of help may be taken
30to a facility by a peace officer under section 125.91. If
31the person refuses the proffered help, the person may be
32arrested and charged with intoxication under section 123.46,
33if applicable.
342. If no facility is readily available the person may
35be taken to an emergency medical service customarily used
-59-1for incapacitated persons. The peace officer in detaining
2the person and in taking the person to a facility shall make
3every reasonable effort to protect the person’s health and
4safety. In detaining the person the detaining officer may take
5reasonable steps for self-protection. Detaining a person under
6section 125.91 is not an arrest and no entry or other record
7shall be made to indicate that the person who is detained has
8been arrested or charged with a crime.
93. A person who arrives at a facility and voluntarily
10submits to examination shall be examined by a licensed
11physician and surgeon or osteopathic physician and surgeon or
12mental health professional as soon as possible after the person
13arrives at the facility. The person may then be admitted as a
14patient or referred to another health facility. The referring
15facility shall arrange for transportation.
164. If a person is voluntarily admitted to a facility, the
17person’s family or next of kin shall be notified as promptly
18as possible. If an adult patient who is not incapacitated
19requests that there be no notification, the request shall be
20respected.
215. A peace officer who acts in compliance with this section
22is acting in the course of the officer’s official duty and is
23not criminally or civilly liable therefor for such acts, unless
24such acts constitute willful malice or abuse.
256. If the physician and surgeon or osteopathic physician
26and surgeon in charge of the facility determines it is for the
27patient’s benefit, the patient shall be encouraged to agree to
28further diagnosis and appropriate voluntary treatment.
297. A licensed physician and surgeon or osteopathic
30physician and surgeon, mental health professional, facility
31administrator, or an employee or a person acting as or on
32behalf of the facility administrator, is not criminally or
33civilly liable for acts in conformity with this chapter, unless
34the acts constitute willful malice or abuse.
35 Sec. 104. Section 125.37, subsection 2, Code 2023, is
-60-1amended to read as follows:
22. Notwithstanding subsection 1, the director may make
3available information from patients’ records for purposes of
4research into the causes and treatment of substance abuse use
5disorder. Information under this subsection shall not be
6published in a way that discloses patients’ names or other
7identifying information.
8 Sec. 105. Section 125.39, Code 2023, is amended to read as
9follows:
10125.39 Eligible entities.
11A local governmental unit which is providing funds to a
12facility for treatment of substance abuse use disorder may
13request from the facility a treatment program plan prior to
14authorizing payment of any claims filed by the facility. The
15governing body of the local governmental unit may review the
16plan, but shall not impose on the facility any requirement
17conflicting with the comprehensive treatment program of the
18facility.
19 Sec. 106. Section 125.43, Code 2023, is amended to read as
20follows:
21125.43 Funding at mental health institutes.
22Chapter 230 governs the determination of the costs
23and payment for treatment provided to persons with
24substance-related disorders a substance use disorderin a
25mental health institute under the department of human services,
26except that the charges are not a lien on real estate owned
27by persons legally liable for support of the person with a
28substance-related substance use disorder and the daily per diem
29shall be billed at twenty-five percent. The superintendent of
30a state hospital mental health institute shall total only those
31expenditures which can be attributed to the cost of providing
32inpatient treatment to persons with substance-related disorders
33 a substance use disorder for purposes of determining the daily
34per diem. Section 125.44 governs the determination of who is
35legally liable for the cost of care, maintenance, and treatment
-61-1of a person with a substance-related substance use disorder and
2of the amount for which the person is liable.
3 Sec. 107. Section 125.43A, Code 2023, is amended to read as
4follows:
5125.43A Prescreening — exception.
6Except in cases of medical emergency or court-ordered
7admissions, a person shall be admitted to a state mental health
8institute for treatment of a substance-related substance use
9 disorder only after a preliminary intake and assessment by a
10department-licensed treatment facility or a hospital providing
11care or treatment for persons with substance-related disorders
12 a substance use disorder licensed under chapter 135B and
13accredited by the joint commission on the accreditation of
14health care organizations, the commission on accreditation
15of rehabilitation facilities, the American osteopathic
16association, or another recognized organization approved by
17the board council, or by a designee of a department-licensed
18treatment facility or a hospital other than a state mental
19health institute, which confirms that the admission is
20appropriate to the person’s substance-related substance use
21 disorder service needs. A county board of supervisors may seek
22an admission of a patient to a state mental health institute
23who has not been confirmed for appropriate admission and the
24county shall be responsible for one hundred percent of the cost
25of treatment and services of the patient.
26 Sec. 108. Section 125.44, Code 2023, is amended to read as
27follows:
28125.44 Agreements with facilities — liability for costs.
291. The director may, consistent with the comprehensive
30substance abuse use disorder program, enter into written
31agreements with a facility as defined in section 125.2 to pay
32for one hundred percent of the cost of the care, maintenance,
33and treatment of persons with substance-related disorders a
34substance use disorder, except when section 125.43A applies.
35All payments for state patients shall be made in accordance
-62-1with the limitations of this section. Such contracts shall be
2for a period of no more than one year.
32. The contract may be in the form and contain provisions
4as agreed upon by the parties. The contract shall provide
5that the facility shall admit and treat persons with
6substance-related disorders a substance use disorder regardless
7of where they have residence. If one payment for care,
8maintenance, and treatment is not made by the patient or
9those legally liable for the patient, the payment shall be
10made by the department directly to the facility. Payments
11shall be made each month and shall be based upon the rate of
12payment for services negotiated between the department and the
13contracting facility. If a facility projects a temporary cash
14flow deficit, the department may make cash advances at the
15beginning of each fiscal year to the facility. The repayment
16schedule for advances shall be part of the contract between the
17department and the facility. This section does not pertain to
18patients treated at the mental health institutes.
193. If the appropriation to the department is insufficient
20to meet the requirements of this section, the department shall
21request a transfer of funds and section 8.39 shall apply.
224. The person with a substance-related substance use
23 disorder is legally liable to the facility for the total amount
24of the cost of providing care, maintenance, and treatment for
25the person with a substance-related substance use disorder
26while a voluntary or committed patient in a facility. This
27section does not prohibit any individual from paying any
28portion of the cost of treatment.
295. The department is liable for the cost of care, treatment,
30and maintenance of persons with substance-related disorders a
31substance use disorder admitted to the facility voluntarily or
32pursuant to section 125.75, 125.81, or 125.91 or section 321J.3
33or 124.409 only to those facilities that have a contract with
34the department under this section, only for the amount computed
35according to and within the limits of liability prescribed by
-63-1this section, and only when the person with a substance-related
2 substance use disorder is unable to pay the costs and there is
3no other person, firm, corporation, or insurance company bound
4to pay the costs.
56. The department’s maximum liability for the costs of care,
6treatment, and maintenance of persons with substance-related
7disorders a substance use disorder in a contracting facility
8is limited to the total amount agreed upon by the parties and
9specified in the contract under this section.
10 Sec. 109. Section 125.46, Code 2023, is amended to read as
11follows:
12125.46 County of residence determined.
13The facility shall, when a person with a substance-related
14 substance use disorder is admitted, or as soon thereafter as
15it receives the proper information, determine and enter upon
16its records the Iowa county of residence of the person with a
17substance-related substance use disorder, or that the person
18resides in some other state or country, or that the person is
19unclassified with respect to residence.
20 Sec. 110. Section 125.55, Code 2023, is amended to read as
21follows:
22125.55 Audits.
23All licensed substance abuse use disorder programs are
24subject to annual audit either by the auditor of state or in
25lieu of an audit by the auditor of state the substance abuse
26 use disorder program may contract with or employ certified
27public accountants to conduct the audit, in accordance with
28sections 11.6, 11.14, and 11.19. The audit format shall be
29as prescribed by the auditor of state. The certified public
30accountant shall submit a copy of the audit to the director. A
31licensed substance abuse use disorder program is also subject
32to special audits as the director requests. The licensed
33substance abuse use disorder program or the department shall
34pay all expenses incurred by the auditor of state in conducting
35an audit under this section.
-64-1 Sec. 111. Section 125.58, Code 2023, is amended to read as
2follows:
3125.58 Inspection — penalties.
41. If the department has probable cause to believe that
5an institution, place, building, or agency not licensed as
6a substance abuse use disorder treatment and rehabilitation
7facility is in fact a substance abuse use disorder treatment
8and rehabilitation facility as defined by this chapter, and
9is not exempt from licensing by section 125.13, subsection 2,
10the board council may order an inspection of the institution,
11place, building, or agency. If the inspector upon presenting
12proper identification is denied entry for the purpose of making
13the inspection, the inspector may, with the assistance of
14the county attorney of the county in which the premises are
15located, apply to the district court for an order requiring
16the owner or occupant to permit entry and inspection of the
17premises to determine whether there have been violations
18of this chapter. The investigation may include review of
19records, reports, and documents maintained by the facility
20and interviews with staff members consistent with the
21confidentiality safeguards of state and federal law.
222. A person establishing, conducting, managing, or
23operating a substance abuse use disorder treatment and
24rehabilitation facility without a license is guilty of a
25serious misdemeanor. Each day of continued violation after
26conviction or notice from the department by certified mail of a
27violation shall be considered a separate offense or chargeable
28offense. A person establishing, conducting, managing or
29operating a substance abuse use disorder treatment and
30rehabilitation facility without a license may be temporarily
31or permanently restrained therefrom by a court of competent
32jurisdiction in an action brought by the state.
333. Notwithstanding the existence or pursuit of any other
34remedy, the department may, in the manner provided by law,
35maintain an action in the name of the state for injunction or
-65-1other process against a person or governmental unit to restrain
2or prevent the establishment, conduct, management or operation
3of a substance abuse use disorder treatment and rehabilitation
4facility without a license.
5 Sec. 112. Section 125.59, subsection 1, paragraph a,
6unnumbered paragraph 1, Code 2023, is amended to read as
7follows:
8Of these funds, notwithstanding section 125.13, subsection
91, one-half of the transferred amount shall be used for grants
10to counties operating a substance abuse use disorder program
11involving only education, prevention, referral or posttreatment
12services, either with the counties’ own employees or by
13contract with a nonprofit corporation. The grants shall not
14annually exceed ten thousand dollars to any one county, subject
15to the following conditions:
16 Sec. 113. Section 125.59, subsection 1, paragraph b, Code
172023, is amended to read as follows:
18b. If the transferred amount for this subsection exceeds
19grant requests funded to the ten thousand dollar maximum,
20the department of public health may use the remainder for
21activities and public information resources that align with
22best practices for substance-related substance use disorder
23prevention or to increase grants pursuant to subsection 2.
24 Sec. 114. Section 125.75, subsection 1, Code 2023, is
25amended to read as follows:
261. Proceedings for the involuntary commitment or treatment
27of a person with a substance-related substance use disorder
28to a facility pursuant to this chapter or for the involuntary
29hospitalization of a person pursuant to chapter 229 may
30be commenced by any interested person by filing a verified
31application with the clerk of the district court of the
32county where the respondent is presently located or which
33is the respondent’s place of residence. The clerk or the
34clerk’s designee shall assist the applicant in completing the
35application.
-66-1 Sec. 115. Section 125.75, subsection 2, paragraph a,
2subparagraph (1), Code 2023, is amended to read as follows:
3(1) A substance-related substance use disorder as defined
4in section 125.2.
5 Sec. 116. Section 125.80, subsections 3 and 4, Code 2023,
6are amended to read as follows:
73. If the report of a court-designated licensed physician
8and surgeon or osteopathic physician and surgeon or mental
9health professional is to the effect that the respondent is
10not a person with a substance-related substance use disorder,
11the court, without taking further action, shall terminate the
12proceeding and dismiss the application on its own motion and
13without notice.
144. If the report of a court-designated licensed physician
15and surgeon or osteopathic physician and surgeon or mental
16health professional is to the effect that the respondent is a
17person with a substance-related substance use disorder, the
18court shall schedule a commitment hearing as soon as possible.
19The hearing shall be held not more than forty-eight hours
20after the report is filed, excluding Saturdays, Sundays, and
21holidays, unless an extension for good cause is requested
22by the respondent, or as soon thereafter as possible if the
23court considers that sufficient grounds exist for delaying the
24hearing.
25 Sec. 117. Section 125.81, subsection 1, Code 2023, is
26amended to read as follows:
271. If a person filing an application requests that a
28respondent be taken into immediate custody, and the court upon
29reviewing the application and accompanying documentation, finds
30probable cause to believe that the respondent is a person with
31a substance-related substance use disorder who is likely to
32injure the person or other persons if allowed to remain at
33liberty, the court may enter a written order directing that
34the respondent be taken into immediate custody by the sheriff,
35and be detained until the commitment hearing, which shall
-67-1be held no more than five days after the date of the order,
2except that if the fifth day after the date of the order is
3a Saturday, Sunday, or a holiday, the hearing may be held on
4the next business day. The court may order the respondent
5detained for the period of time until the hearing is held, and
6no longer except as provided in section 125.88, in accordance
7with subsection 2, paragraph “a”, if possible, and if not, then
8in accordance with subsection 2, paragraph “b”, or, only if
9neither of these alternatives is available in accordance with
10subsection 2, paragraph “c”.
11 Sec. 118. Section 125.81, subsection 2, paragraph c, Code
122023, is amended to read as follows:
13c. In the nearest facility which is licensed to care for
14persons with mental illness or substance abuse use disorder,
15provided that detention in a jail or other facility intended
16for confinement of those accused or convicted of a crime shall
17not be ordered.
18 Sec. 119. Section 125.82, subsections 3 and 4, Code 2023,
19are amended to read as follows:
203. The person who filed the application and a licensed
21physician and surgeon or osteopathic physician and surgeon,
22mental health professional, or certified alcohol and drug
23counselor certified by the nongovernmental Iowa board of
24substance abuse certification who has examined the respondent
25in connection with the commitment hearing shall be present
26at the hearing, unless the court for good cause finds that
27their presence or testimony is not necessary. The applicant,
28respondent, and the respondent’s attorney may waive the
29presence or telephonic appearance of the licensed physician
30and surgeon or osteopathic physician and surgeon, mental
31health professional, or certified alcohol and drug counselor
32who examined the respondent and agree to submit as evidence
33the written report of the licensed physician and surgeon or
34osteopathic physician and surgeon, mental health professional,
35or certified alcohol and drug counselor. The respondent’s
-68-1attorney shall inform the court if the respondent’s attorney
2reasonably believes that the respondent, due to diminished
3capacity, cannot make an adequately considered waiver decision.
4“Good cause” for finding that the testimony of the licensed
5physician and surgeon or osteopathic physician and surgeon,
6mental health professional, or certified alcohol and drug
7counselor who examined the respondent is not necessary may
8include, but is not limited to, such a waiver. If the court
9determines that the testimony of the licensed physician and
10surgeon or osteopathic physician and surgeon, mental health
11professional, or certified alcohol and drug counselor is
12necessary, the court may allow the licensed physician and
13surgeon or osteopathic physician and surgeon, mental health
14professional, or certified alcohol and drug counselor to
15testify by telephone. The respondent shall be present at the
16hearing unless prior to the hearing the respondent’s attorney
17stipulates in writing that the attorney has conversed with the
18respondent, and that in the attorney’s judgment the respondent
19cannot make a meaningful contribution to the hearing, or that
20the respondent has waived the right to be present, and the
21basis for the attorney’s conclusions. A stipulation to the
22respondent’s absence shall be reviewed by the court before the
23hearing, and may be rejected if it appears that insufficient
24grounds are stated or that the respondent’s interests would not
25be served by the respondent’s absence.
264. The respondent’s welfare is paramount, and the hearing
27shall be tried as a civil matter and conducted in as informal a
28manner as is consistent with orderly procedure. The hearing
29may be held by video conference at the discretion of the
30court. Discovery as permitted under the Iowa rules of civil
31procedure is available to the respondent. The court shall
32receive all relevant and material evidence, but the court is
33not bound by the rules of evidence. A presumption in favor of
34the respondent exists, and the burden of evidence and support
35of the contentions made in the application shall be upon the
-69-1person who filed the application. If upon completion of the
2hearing the court finds that the contention that the respondent
3is a person with a substance-related substance use disorder has
4not been sustained by clear and convincing evidence, the court
5shall deny the application and terminate the proceeding.
6 Sec. 120. Section 125.83, Code 2023, is amended to read as
7follows:
8125.83 Placement for evaluation.
9If upon completion of the commitment hearing, the court
10finds that the contention that the respondent is a person with
11a substance-related substance use disorder has been sustained
12by clear and convincing evidence, the court shall order the
13respondent placed at a facility or under the care of a suitable
14facility on an outpatient basis as expeditiously as possible
15for a complete evaluation and appropriate treatment. The
16court shall furnish to the facility at the time of admission
17or outpatient placement, a written statement of facts setting
18forth the evidence on which the finding is based. The
19administrator of the facility shall report to the court no
20more than fifteen days after the individual is admitted to or
21placed under the care of the facility, which shall include the
22chief medical officer’s recommendation concerning treatment
23of a substance-related substance use disorder. An extension
24of time may be granted for a period not to exceed seven days
25upon a showing of good cause. A copy of the report shall be
26sent to the respondent’s attorney who may contest the need
27for an extension of time if one is requested. If the request
28is contested, the court shall make an inquiry as it deems
29appropriate and may either order the respondent released
30from the facility or grant an extension of time for further
31evaluation. If the administrator fails to report to the court
32within fifteen days after the individual is admitted to the
33facility, and no extension of time has been requested, the
34administrator is guilty of contempt and shall be punished
35under chapter 665. The court shall order a rehearing on the
-70-1application to determine whether the respondent should continue
2to be held at the facility.
3 Sec. 121. Section 125.83A, subsection 1, Code 2023, is
4amended to read as follows:
51. If upon completion of the commitment hearing, the court
6finds that the contention that the respondent is a person with
7a substance-related substance use disorder has been sustained
8by clear and convincing evidence, and the court is furnished
9evidence that the respondent is eligible for care and treatment
10in a facility operated by the United States department of
11veterans affairs or another agency of the United States
12government and that the facility is willing to receive the
13respondent, the court may so order. The respondent, when so
14placed in a facility operated by the United States department
15of veterans affairs or another agency of the United States
16government within or outside of this state, shall be subject to
17the rules of the United States department of veterans affairs
18or other agency, but shall not lose any procedural rights
19afforded the respondent by this chapter. The chief officer
20of the facility shall have, with respect to the respondent
21so placed, the same powers and duties as the chief medical
22officer of a hospital in this state would have in regard to
23submission of reports to the court, retention of custody,
24transfer, convalescent leave, or discharge. Jurisdiction
25is retained in the court to maintain surveillance of the
26respondent’s treatment and care, and at any time to inquire
27into the respondent’s condition and the need for continued care
28and custody.
29 Sec. 122. Section 125.84, Code 2023, is amended to read as
30follows:
31125.84 Evaluation report.
32The facility administrator’s report to the court of the
33chief medical officer’s substance abuse use disorder evaluation
34of the respondent shall be made no later than the expiration of
35the time specified in section 125.83. At least two copies of
-71-1the report shall be filed with the clerk, who shall distribute
2the copies in the manner described by section 125.80,
3subsection 2. The report shall state one of the four following
4alternative findings:
51. That the respondent does not, as of the date of the
6report, require further treatment for substance abuse use
7disorder. If the report so states, the court shall order the
8respondent’s immediate release from involuntary commitment and
9terminate the proceedings.
102. That the respondent is a person with a substance-related
11 substance use disorder who is in need of full-time custody,
12care, and treatment in a facility, and is considered likely
13to benefit from treatment. If the report so states, the
14court shall enter an order which may require the respondent’s
15continued placement and commitment to a facility for
16appropriate treatment.
173. That the respondent is a person with a substance-related
18 substance use disorder who is in need of treatment, but does
19not require full-time placement in a facility. If the report
20so states, the report shall include the chief medical officer’s
21recommendation for treatment of the respondent on an outpatient
22or other appropriate basis, and the court shall enter an order
23which may direct the respondent to submit to the recommended
24treatment. The order shall provide that if the respondent
25fails or refuses to submit to treatment, as directed by the
26court’s order, the court may order that the respondent be
27taken into immediate custody as provided by section 125.81
28and, following notice and hearing held in accordance with
29the procedures of sections 125.77 and 125.82, may order the
30respondent treated as a patient requiring full-time custody,
31care, and treatment as provided in subsection 2, and may order
32the respondent involuntarily committed to a facility.
334. That the respondent is a person with a substance-related
34 substance use disorder who is in need of treatment, but in
35the opinion of the chief medical officer is not responding to
-72-1the treatment provided. If the report so states, the report
2shall include the facility administrator’s recommendation for
3alternative placement, and the court shall enter an order
4which may direct the respondent’s transfer to the recommended
5placement or to another placement after consultation with the
6 respondent’s attorney and the facility administrator who made
7the report under this subsection.
8 Sec. 123. Section 125.85, subsection 1, Code 2023, is
9amended to read as follows:
101. A respondent committed under section 125.84, subsection
112, shall remain in the custody of a facility for treatment
12for a period of thirty days, unless sooner discharged. The
13department is not required to pay the cost of any medication or
14procedure provided to the respondent during that period which
15is not necessary or appropriate to the specific objectives
16of detoxification and treatment of substance abuse use
17disorder. At the end of the thirty-day period, the respondent
18shall be discharged automatically unless the administrator
19of the facility, before expiration of the period, obtains a
20court order for the respondent’s recommitment pursuant to an
21application under section 125.75, for a further period not to
22exceed ninety days.
23 Sec. 124. Section 125.91, Code 2023, is amended to read as
24follows:
25125.91 Emergency detention.
261. The procedure prescribed by this section shall only
27be used for a person with a substance-related substance
28use disorder due to intoxication or substance-induced
29incapacitation who has threatened, attempted, or inflicted
30physical self-harm or harm on another, and is likely to inflict
31physical self-harm or harm on another unless immediately
32detained, or who is incapacitated by a substance, if an
33application has not been filed naming the person as the
34respondent pursuant to section 125.75 and the person cannot be
35ordered into immediate custody and detained pursuant to section
-73-1125.81.
22. a. A peace officer who has reasonable grounds to believe
3that the circumstances described in subsection 1 are applicable
4may, without a warrant, take or cause that person to be taken
5to the nearest available facility referred to in section
6125.81, subsection 2, paragraph “b” or “c”. Such a person with
7a substance-related substance use disorder due to intoxication
8or substance-induced incapacitation who also demonstrates
9a significant degree of distress or dysfunction may also
10be delivered to a facility by someone other than a peace
11officer upon a showing of reasonable grounds. Upon delivery
12of the person to a facility under this section, the attending
13physician and surgeon or osteopathic physician and surgeon may
14order treatment of the person, but only to the extent necessary
15to preserve the person’s life or to appropriately control
16the person’s behavior if the behavior is likely to result in
17physical injury to the person or others if allowed to continue.
18The peace officer or other person who delivered the person to
19the facility shall describe the circumstances of the matter to
20the attending physician and surgeon or osteopathic physician
21and surgeon. If the person is a peace officer, the peace
22officer may do so either in person or by written report.
23b. If the attending physician and surgeon or osteopathic
24physician and surgeon has reasonable grounds to believe that
25the circumstances in subsection 1 are applicable, the facility
26shall have the authority to detain the person for a period of
27no longer than twelve hours. Within twelve hours of detaining
28a person pursuant to this section, the attending physician
29shall communicate with the nearest available magistrate.
30c. Once contacted pursuant to paragraph “b”, the magistrate
31shall, based upon the circumstances described by the attending
32physician and surgeon or osteopathic physician and surgeon,
33give the attending physician and surgeon or osteopathic
34physician and surgeon oral instructions either directing that
35the person be released forthwith, or authorizing the person’s
-74-1detention in an appropriate facility. The magistrate may also
2give oral instructions and order that the detained person be
3transported to an appropriate facility.
4d. If the magistrate orders that the person be detained, the
5magistrate shall, by the close of business on the next working
6day, file a written order with the clerk in the county where it
7is anticipated that an application may be filed under section
8125.75. The order may be filed by facsimile if necessary. The
9order shall state the circumstances under which the person was
10taken into custody or otherwise brought to a facility and the
11grounds supporting the finding of probable cause to believe
12that the person is a person with a substance-related substance
13use disorder likely to result in physical injury to the person
14or others if not detained. The order shall confirm the oral
15order authorizing the person’s detention including any order
16given to transport the person to an appropriate facility. The
17clerk shall provide a copy of that order to the attending
18physician and surgeon or osteopathic physician and surgeon at
19the facility to which the person was originally taken, any
20subsequent facility to which the person was transported, and
21to any law enforcement department or ambulance service that
22transported the person pursuant to the magistrate’s order.
233. The attending physician and surgeon or osteopathic
24physician and surgeon shall examine and may detain the person
25pursuant to the magistrate’s order for a period not to exceed
26forty-eight hours from the time the order is dated, excluding
27Saturdays, Sundays, and holidays, unless the order is dismissed
28by a magistrate. The facility may provide treatment which is
29necessary to preserve the person’s life or to appropriately
30control the person’s behavior if the behavior is likely to
31result in physical injury to the person or others if allowed
32to continue or is otherwise deemed medically necessary by
33the attending physician and surgeon or osteopathic physician
34and surgeon or mental health professional, but shall not
35otherwise provide treatment to the person without the person’s
-75-1consent. The person shall be discharged from the facility and
2released from detention no later than the expiration of the
3forty-eight-hour period, unless an application for involuntary
4commitment is filed with the clerk pursuant to section 125.75.
5The detention of a person by the procedure in this section, and
6not in excess of the period of time prescribed by this section,
7shall not render the peace officer, attending physician and
8surgeon or osteopathic physician and surgeon, or facility
9detaining the person liable in a criminal or civil action
10for false arrest or false imprisonment if the peace officer,
11attending physician and surgeon or osteopathic physician
12and surgeon, mental health professional, or facility had
13reasonable grounds to believe that the circumstances described
14in subsection 1 were applicable.
154. The cost of detention in a facility under the procedure
16prescribed in this section shall be paid in the same way as if
17the person had been committed to the facility pursuant to an
18application filed under section 125.75.
19 Sec. 125. Section 125.93, Code 2023, is amended to read as
20follows:
21125.93 Commitment records — confidentiality.
22Records of the identity, diagnosis, prognosis, or treatment
23of a person which are maintained in connection with the
24provision of substance abuse use disorder treatment services
25are confidential, consistent with the requirements of section
26125.37, and with the federal confidentiality regulations
27authorized by the federal Drug Abuse Office and Treatment Act,
28 42 U.S.C. §290ee and the federal Comprehensive Alcohol Abuse
29and Alcoholism Prevention, Treatment and Rehabilitation Act, 42
30U.S.C. §290dd-2. However, such records may be disclosed to an
31employee of the department of corrections, if authorized by the
32director of the department of corrections, or to an employee
33of a judicial district department of correctional services, if
34authorized by the director of the judicial district department
35of correctional services.
-76-1 Sec. 126. Section 135.1, Code 2023, is amended to read as
2follows:
3135.1 Definitions.
4For the purposes of chapter 155 and Title IV, subtitle 2,
5excluding chapter 146, unless otherwise defined:
61. “Director” shall mean means the director of public health
7and human services.
82. “Health officer” means the physician, physician
9assistant, advanced registered nurse practitioner, or advanced
10practice registered nurse who is the health officer of the
11local board of health.
123. “Local board” shall mean means the local board of health.
134. “Physician” means a person licensed to practice
14medicine and surgery, osteopathic medicine and surgery,
15chiropractic, podiatry, or optometry under the laws of this
16state; but a person licensed as a physician and surgeon shall
17be designated as a “physician” or “surgeon”, a person licensed
18as an osteopathic physician and surgeon shall be designated
19as an “osteopathic physician” or “osteopathic surgeon”, a
20person licensed as a chiropractor shall be designated as a
21“chiropractor”, a person licensed as a podiatrist shall be
22designated as a “podiatric physician”, and a person licensed
23as an optometrist shall be designated as an “optometrist”. A
24definition or designation contained in this subsection shall
25not be interpreted to expand the scope of practice of such
26licensees.
275. “Rules” shall include regulations and orders.
286. “State department” or “department” shall mean means the
29Iowa department of public health and human services.
30 Sec. 127. Section 135.11, Code 2023, is amended to read as
31follows:
32135.11 Duties Public health duties of department.
33The director of public health shall be the head of the “Iowa
34Department of Public Health”, which department shall:
351. Exercise general supervision over the public health,
-77-1promote public hygiene and sanitation, prevent substance abuse
2 use disorder and unless otherwise provided, enforce the laws
3relating to the same.
42. Conduct campaigns for the education of the people in
5hygiene and sanitation.
63. Issue monthly health bulletins containing fundamental
7health principles and other health data deemed of public
8interest.
94. Make investigations and surveys in respect to the
10causes of disease and epidemics, and the effect of locality,
11employment, and living conditions upon the public health. For
12this purpose the department may use the services of the experts
13connected with the state hygienic laboratory at the state
14university of Iowa.
155. Establish stations throughout the state for the
16distribution of antitoxins and vaccines to physicians,
17druggists pharmacists, and other persons, at cost. All
18antitoxin and vaccine thus distributed shall be labeled “Iowa
19Department of Public Health and Human Services”.
206. Exercise general supervision over the administration and
21enforcement of the sexually transmitted diseases and infections
22law, chapter 139A, subchapter II.
237. Exercise sole jurisdiction over the disposal and
24transportation of the dead bodies of human beings and prescribe
25the methods to be used in preparing such bodies for disposal
26and transportation. However, the department may approve
27a request for an exception to the application of specific
28embalming and disposition rules adopted pursuant to this
29subsection if such rules would otherwise conflict with tenets
30and practices of a recognized religious denomination to which
31the deceased individual adhered or of which denomination the
32deceased individual was a member. The department shall inform
33the board of mortuary science of any such approved exception
34which may affect services provided by a funeral director
35licensed pursuant to chapter 156.
-78- 18. Establish, publish, and enforce rules which require
2companies, corporations, and other entities to obtain a permit
3from the department prior to scattering cremated human remains.
49. Exercise general supervision over the administration and
5enforcement of the vital statistics law, chapter 144.
610. Enforce the law relative to chapter 146 and
7“Health-related Professions”, Title IV, subtitle 3, excluding
8chapter 155.
911. Establish and maintain divisions as are necessary
10for the proper enforcement of the laws administered by the
11department.
1212. Establish, publish, and enforce rules not inconsistent
13with law for the enforcement of the provisions of chapter 125
14and 155, and Title IV, subtitle 2, excluding chapter 146 and
15for the enforcement of the various laws, the administration and
16supervision of which are imposed upon the department.
1713. 10. Administer healthy aging and essential public
18health services by approving grants of state funds to the local
19boards of health for the purposes of promoting healthy aging
20throughout the lifespan and enhancing health promotion and
21disease prevention services, and by providing guidelines for
22the approval of the grants and allocation of the state funds.
23Guidelines, evaluation requirements and formula allocation
24procedures for the services shall be established by the
25department by rule.
2614. 11. Administer chapters 125, 136A, 136C, 139A, 142,
27142A, 144, and 147A.
2815. Issue an annual report to the governor as provided in
29section 7E.3, subsection 4.
3016. 12. Consult with the office of statewide clinical
31education programs at the university of Iowa college of
32medicine and annually submit a report to the general assembly
33by January 15 verifying the number of physicians in active
34practice in Iowa by county who are engaged in providing
35obstetrical care. To the extent data are readily available,
-79-1the report shall include information concerning the number
2of deliveries per year by specialty and county, the age of
3physicians performing deliveries, and the number of current
4year graduates of the university of Iowa college of medicine
5and the Des Moines university — osteopathic medical center
6entering into residency programs in obstetrics, gynecology,
7and family practice. The report may include additional
8data relating to access to obstetrical services that may be
9available.
1017. 13. Administer the statewide maternal and child health
11program and the program for children with disabilities by
12conducting mobile and regional child health specialty clinics
13and conducting other activities to improve the health of
14low-income women and children and to promote the welfare of
15children with actual or potential conditions which may cause
16disabilities and children with chronic illnesses in accordance
17with the requirements of Tit.V of the federal Social Security
18Act. The department shall provide technical assistance to
19encourage the coordination and collaboration of state agencies
20in developing outreach centers which provide publicly supported
21services for pregnant women, infants, and children. The
22department shall also, through cooperation and collaborative
23agreements with the department of human services and the
24 mobile and regional child health specialty clinics, establish
25common intake proceedings for maternal and child health
26services. The department shall work in cooperation with the
27legislative services agency in monitoring the effectiveness of
28the maternal and child health centers, including the provision
29of transportation for patient appointments and the keeping of
30scheduled appointments.
3118. 14. Establish, publish, and enforce rules requiring
32prompt reporting of methemoglobinemia, pesticide poisoning, and
33the reportable poisonings and illnesses established pursuant
34to section 139A.21.
3519. 15. Collect and maintain reports of pesticide
-80-1poisonings and other poisonings, illnesses, or injuries
2caused by selected chemical or physical agents,
3including methemoglobinemia and pesticide and fertilizer
4hypersensitivity; and compile and publish, annually, a
5statewide and county-by-county profile based on the reports.
620. 16. Adopt rules which require personnel of a licensed
7hospice, of a homemaker-home health aide provider agency
8which receives state homemaker-home health aide funds, or of
9an agency which provides respite care services and receives
10funds to complete training concerning blood-borne pathogens,
11including human immunodeficiency virus and viral hepatitis,
12consistent with standards from the federal occupational safety
13and health administration.
1421. 17. Adopt rules which require all emergency medical
15services personnel, fire fighters, and law enforcement
16personnel to complete training concerning blood-borne
17pathogens, including human immunodeficiency virus and
18viral hepatitis, consistent with standards from the federal
19occupational safety and health administration.
2022. 18. Adopt rules which provide for the testing of a
21convicted or alleged offender for the human immunodeficiency
22virus pursuant to sections 915.40 through 915.43. The rules
23shall provide for the provision of counseling, health care, and
24support services to the victim.
2523. 19. Establish ad hoc and advisory committees to the
26director in areas where technical expertise is not otherwise
27readily available. Members may be compensated for their actual
28and necessary expenses incurred in the performance of their
29duties. To encourage health consumer participation, public
30members may also receive a per diem as specified in section
317E.6 if funds are available and the per diem is determined
32to be appropriate by the director. Expense moneys paid to
33the members shall be paid from funds appropriated to the
34department. A majority of the members of such a committee
35constitutes a quorum.
-81- 124. 20. Administer annual grants to county boards of health
2for the purpose of conducting programs for the testing of
3private water supply wells, the closing of abandoned private
4water supply wells, and the renovation or rehabilitation of
5private water supply wells. Grants shall be funded through
6moneys transferred to the department from the agriculture
7management account of the groundwater protection fund pursuant
8to section 455E.11, subsection 2, paragraph “b”, subparagraph
9(2), subparagraph division (b). The department shall adopt
10rules relating to the awarding of the grants.
1125. 21. Establish and administer, if sufficient funds
12are available to the department, a program to assess and
13forecast health workforce supply and demand in the state for
14the purpose of identifying current and projected workforce
15needs. The program may collect, analyze, and report data that
16furthers the purpose of the program. The program shall not
17release information that permits identification of individual
18respondents of program surveys.
1926. 22. In consultation with the advisory committee for
20perinatal guidelines, develop and maintain the statewide
21perinatal program based on the recommendations of the American
22academy of pediatrics and the American college of obstetricians
23and gynecologists contained in the most recent edition of
24the guidelines for perinatal care, and shall adopt rules in
25accordance with chapter 17A to implement those recommendations.
26Hospitals within the state shall determine whether to
27participate in the statewide perinatal program, and select the
28hospital’s level of participation in the program. A hospital
29having determined to participate in the program shall comply
30with the guidelines appropriate to the level of participation
31selected by the hospital. Perinatal program surveys and
32reports are privileged and confidential and are not subject to
33discovery, subpoena, or other means of legal compulsion for
34their release to a person other than the affected hospital, and
35are not admissible in evidence in a judicial or administrative
-82-1proceeding other than a proceeding involving verification of
2the participating hospital under this subsection.
327. 23. In consultation with the department of corrections,
4the antibiotic resistance task force, and the American
5federation of state, county and municipal employees, develop
6educational programs to increase awareness and utilization of
7infection control practices in institutions listed in section
8904.102.
928. 24. Administer the Iowa youth survey, in collaboration
10with other state agencies, as appropriate, every two years to
11students in grades six, eight, and eleven in Iowa’s public
12and nonpublic schools. Survey data shall be evaluated and
13reported, with aggregate data available online at the Iowa
14youth survey internet site.
15 Sec. 128. Section 135.14, Code 2023, is amended to read as
16follows:
17135.14 State public health dental director — duties program.
181. The position of state public health dental director is
19established within the department.
202. The dental director department shall perform all of the
21following duties:
22a. 1. Plan and direct all work activities of the statewide
23public health dental program.
24b. 2. Develop comprehensive dental initiatives for
25prevention activities.
26c. 3. Evaluate the effectiveness of the statewide public
27health dental program and of program personnel.
28d. Manage the oral and health delivery systems bureau
29including direction, supervision, and fiscal management of
30bureau staff.
31e. 4. Other related work as required.
32 Sec. 129. Section 135.15, Code 2023, is amended to read as
33follows:
34135.15 Oral and health delivery systems bureau established —
35responsibilities.
-83- 1An oral and health delivery systems bureau is established
2within the division of health promotion and chronic disease
3prevention of the department. The bureau department shall be
4responsible for all of the following:
51. Providing population-based oral health services,
6including public health training, improvement of dental support
7systems for families, technical assistance, awareness-building
8activities, and educational services, at the state and local
9level to assist Iowans in maintaining optimal oral health
10throughout all stages of life.
112. Performing infrastructure building and enabling services
12through the administration of state and federal grant programs
13targeting access improvement, prevention, and local oral
14health programs utilizing maternal and child health programs,
15Medicaid, and other new or existing programs.
163. Leveraging federal, state, and local resources for
17programs under the purview of the bureau department.
184. Facilitating ongoing strategic planning and application
19of evidence-based research in oral health care policy
20development that improves oral health care access and the
21overall oral health of all Iowans.
225. Developing and implementing an ongoing oral health
23surveillance system for the evaluation and monitoring of
24the oral health status of children and other underserved
25populations.
266. Facilitating the provision of oral health services
27through dental homes. For the purposes of this section,
28“dental home” means a network of individualized care based on
29risk assessment, which includes oral health education, dental
30screenings, preventive services, diagnostic services, treatment
31services, and emergency services.
32 Sec. 130. Section 135.16A, subsection 2, Code 2023, is
33amended to read as follows:
342. a. The department of inspections and appeals shall
35assist the Iowa department of public health in adopting rules
-84-1necessary to implement and administer this section.
2b. If necessary to implement, administer, and enforce this
3section, the Iowa department of public health, in cooperation
4with the department of agriculture and land stewardship, shall
5submit a request to the United States department of agriculture
6for a waiver or other exception from regulations as deemed
7feasible by the Iowa department of public health. The Iowa
8 department of public health shall regularly report the status
9of such request to the legislative services agency.
10 Sec. 131. Section 135.22A, subsection 2, Code 2023, is
11amended to read as follows:
122. The advisory council on brain injuries is established.
13The following persons or their designees shall serve as ex
14officio, nonvoting members of the council:
15a. The director of public health and human services or the
16director’s designee.
17b. The director of human services and any division
18administrators of the department of human services so assigned
19by the director.
20c. b. The director of the department of education.
21d. c. The chief of the special education bureau of the
22department of education.
23e. d. The administrator of the division of vocational
24rehabilitation services of the department of education
25 workforce development.
26f. e. The director of the department for the blind.
27 Sec. 132. Section 135.22B, subsections 1, 2, 6, and 7, Code
282023, are amended to read as follows:
291. Definitions. For the purposes of this section:,
30a. “Brain injury services waiver” “brain injury services
31waiver” means the state’s medical assistance home and
32community-based services waiver for persons with brain injury
33implemented under chapter 249A.
34b. “Program administrator” means the division of the
35department designated to administer the brain injury services
-85-1program in accordance with subsection 2.
22. Program created.
3a. A brain injury services program is created and shall be
4administered by a division of the Iowa department of public
5health in cooperation with counties and the department of human
6services.
7b. The division of the department assigned to administer the
8advisory council on brain injuries under section 135.22A shall
9be the program administrator. The division department’s duties
10shall include but are not limited to serving as the fiscal
11agent and contract administrator for the program and providing
12program oversight.
13c. The division department shall consult with the advisory
14council on brain injuries, established pursuant to section
15135.22A, regarding the program and shall report to the council
16concerning the program at least quarterly. The council shall
17make recommendations to the department concerning the program’s
18operation.
196. Cost-share requirements.
20a. The cost-share component’s financial eligibility
21requirements shall be established in administrative rule. In
22establishing the requirements, the department shall consider
23the eligibility and cost-share requirements used for the hawk-i
24 Hawki program under chapter 514I.
25b. An individual’s cost-share responsibility for services
26under the cost-share component shall be determined on a
27sliding scale based upon the individual’s family income. An
28individual’s cost-share shall be assessed as a copayment, which
29shall not exceed thirty percent of the cost payable for the
30service.
31c. The service provider shall bill the department for the
32portion of the cost payable for the service that is not covered
33by the individual’s copayment responsibility.
347. Application process.
35a. The application materials for services under the
-86-1cost-share component of the brain injury services program
2shall use the application form and other materials of the
3brain injury services waiver. In order to apply for the brain
4injury services program, the applicant must authorize the
5department of human services to provide the applicant’s waiver
6application materials to the brain injury services program.
7The application materials provided shall include but are not
8limited to the waiver application and any denial letter,
9financial assessment, and functional assessment regarding the
10person.
11b. If a functional assessment for the waiver has not
12been completed due to a person’s financial ineligibility for
13the waiver, the brain injury services program may provide
14for a functional assessment to determine the person’s needs
15by reimbursing the department of human services for the
16assessment.
17c. The program administrator department shall file copies
18of the individual’s application and needs assessment with the
19program resource facilitator assigned to the individual’s
20geographic area.
21d. The department’s program administrator department shall
22make a final determination as to whether program funding will
23be authorized under the cost-share component.
24 Sec. 133. Section 135.24, subsection 2, unnumbered
25paragraph 1, Code 2023, is amended to read as follows:
26The department, in consultation with the department of human
27services, shall adopt rules to implement the volunteer health
28care provider program which shall include the following:
29 Sec. 134. Section 135.24A, Code 2023, is amended to read as
30follows:
31135.24A Free clinics — volunteer record check.
321. For purposes of this section, “free clinic” means a free
33clinic as defined in section 135.24 that is also a network
34of free clinics in this state that offers operational and
35collaborative opportunities to free clinics.
-87- 12. Persons who are potential volunteers or volunteers in
2a free clinic in a position having direct individual contact
3with patients of the free clinic shall be subject to criminal
4history and child and dependent adult abuse record checks in
5accordance with this section. The free clinic shall request
6that the department of public safety perform the criminal
7history check and the record check evaluation system of the
8 department of health and human services perform child and
9dependent adult abuse record checks of the person in this state
10and may request these checks in other states.
113. A free clinic subject to this section shall establish
12an evaluation process to determine whether a crime of founded
13child or dependent adult abuse warrants prohibition of the
14person’s participation as a volunteer in the free clinic.
15The evaluation process shall not be less stringent than
16the evaluation process performed by the department of human
17services record check evaluation system and shall be approved
18by the department of human services.
19 Sec. 135. Section 135.25, Code 2023, is amended to read as
20follows:
21135.25 Emergency medical services fund.
22An emergency medical services fund is created in the state
23treasury under the control of the department. The fund
24includes, but is not limited to, amounts appropriated by the
25general assembly, amounts transferred pursuant to section
26602.8108, subsection 4, and other moneys available from
27federal or private sources which are to be used for purposes
28of this section. Funds remaining in the fund at the end of
29each fiscal year shall not revert to the general fund of the
30state but shall remain in the emergency medical services fund,
31notwithstanding section 8.33. The fund is established to
32assist counties by matching, on a dollar-for-dollar basis,
33moneys spent by a county for the acquisition of equipment for
34the provision of emergency medical services and by providing
35grants to counties for education and training in the delivery
-88-1of emergency medical services, as provided in this section and
2section 422D.6. A county seeking matching funds under this
3section shall apply to the emergency medical services division
4of the department. The department shall adopt rules concerning
5the application and awarding process for the matching funds and
6the criteria for the allocation of moneys in the fund if the
7moneys are insufficient to meet the emergency medical services
8needs of the counties. Moneys allocated by the department to a
9county for emergency medical services purposes may be used for
10equipment or training and education as determined by the board
11of supervisors pursuant to section 422D.6.
12 Sec. 136. Section 135.36, Code 2023, is amended to read as
13follows:
14135.36 Interference with health department officer —
15penalties.
16Any person resisting or interfering with the department, its
17employees, or authorized agents, in the discharge of any duty
18imposed by law shall be guilty of a simple misdemeanor.
19 Sec. 137. Section 135.39, Code 2023, is amended to read as
20follows:
21135.39 Federal aid.
22The state department of public health is hereby authorized
23to may accept financial aid from the government of the United
24States for the purpose of assisting in carrying on public
25health or substance abuse use disorder responsibility in the
26state of Iowa.
27 Sec. 138. Section 135.39B, subsection 3, Code 2023, is
28amended to read as follows:
293. The prohibition under this section shall not apply to
30early childhood immunizations for influenza or in times of
31emergency or epidemic as determined by the director of public
32health. If an emergency or epidemic is determined to exist
33by the director of public health under this subsection, the
34director of public health shall notify the state board of
35 council on health and human services, the governor, and the
-89-1legislative council, and shall notify the public upon request.
2 Sec. 139. Section 135.39E, Code 2023, is amended to read as
3follows:
4135.39E Fluoridation in public water supply — notice of
5discontinuance.
61. At least ninety days prior to taking any action to
7permanently discontinue fluoridation in its water supply, an
8owner or operator of a public water supply system, as defined
9in section 455B.171, shall provide notice to the oral and
10health delivery systems bureau established in section 135.15
11department and the public water supply system’s customers.
122. In order to provide notice to its customers, the owner or
13operator of the public water supply system shall place a notice
14on each customer’s water bill or provide notice in a way that
15is reasonably calculated so that all customers will receive the
16notice.
173. Section 135.38 does not apply to violations of this
18section.
19 Sec. 140. Section 135.43, Code 2023, is amended to read as
20follows:
21135.43 Iowa child death review team established — duties.
221. An Iowa child death review team is established as part
23of the office of the state medical examiner in the department.
24The office of the state medical examiner department shall
25provide staffing and administrative support to the team.
262. The membership of the review team is subject to the
27provisions of sections 69.16 and 69.16A, relating to political
28affiliation and gender balance. Review team members who
29are not designated by another appointing authority shall be
30appointed by the state medical examiner director. Membership
31terms shall be for three years. A membership vacancy shall be
32filled in the same manner as the original appointment. The
33review team shall elect a chairperson and other officers as
34deemed necessary by the review team. The review team shall
35meet upon the call of the state medical examiner director or as
-90-1determined by the review team. The review team shall include
2the following:
3a. The state medical examiner or the state medical
4examiner’s designee.
5b. A certified or licensed professional who is knowledgeable
6concerning sudden infant death syndrome.
7c. A pediatrician who is knowledgeable concerning deaths of
8children.
9d. A family practice physician who is knowledgeable
10concerning deaths of children.
11e. One mental health professional who is knowledgeable
12concerning deaths of children.
13f. One social worker who is knowledgeable concerning deaths
14of children.
15g. A certified or licensed professional who is knowledgeable
16concerning domestic violence.
17h. A professional who is knowledgeable concerning substance
18abuse use disorder.
19i. A local law enforcement official.
20j. A county attorney.
21k. An emergency room nurse who is knowledgeable concerning
22the deaths of children.
23l. A perinatal expert.
24m. A representative of the health insurance industry.
25n. One other member who is appointed at large.
263. The review team shall perform the following duties:
27a. Collect, review, and analyze child death certificates and
28child death data, including patient records or other pertinent
29confidential information concerning the deaths of children
30under age eighteen, and other information as the review team
31deems appropriate for use in preparing an annual report to the
32governor and the general assembly concerning the causes and
33manner of child deaths. The report shall include analysis of
34factual information obtained through review and recommendations
35regarding prevention of child deaths.
-91- 1b. Recommend to the governor and the general assembly
2interventions to prevent deaths of children based on an
3analysis of the cause and manner of such deaths.
4c. Recommend to the agencies represented on the review team
5changes which may prevent child deaths.
6d. Except as authorized by this section, maintain the
7confidentiality of any patient records or other confidential
8information reviewed.
9e. Recommend to the department of human services,
10appropriate law enforcement agencies, and any other person
11involved with child protection, interventions that may prevent
12harm to a child who is related to or is living in the same home
13as a child whose case is reviewed by the team.
14f. If the sharing of information is necessary to assist in
15or initiate a child death investigation or criminal prosecution
16and the office or agency receiving the information does not
17otherwise have access to the information, share information
18possessed by the review team with the office of the attorney
19general, a county attorney’s office, or an appropriate
20law enforcement agency. The office or agency receiving
21the information shall maintain the confidentiality of the
22information in accordance with this section. Unauthorized
23release or disclosure of the information received is subject to
24penalty as provided in this section.
25g. In order to assist a division of the department in
26performing the division’s department’s duties, if the division
27 department does not otherwise have access to the information,
28share information possessed by the review team. The division
29receiving recipient of the information shall maintain the
30confidentiality of the information in accordance with this
31section. Unauthorized release or disclosure of the information
32received is subject to penalty as provided in this section.
334. The review team department shall develop protocols for a
34child fatality review committee, to be appointed by the state
35medical examiner director on an ad hoc basis, to immediately
-92-1review the child abuse assessments which involve the fatality
2of a child under age eighteen. The state medical examiner
3 director shall appoint a medical examiner, a pediatrician, and
4a person involved with law enforcement to the committee.
5a. The purpose of the review shall be to determine
6whether the department of human services and others involved
7with the case of child abuse responded appropriately. The
8protocols shall provide for the committee to consult with any
9multidisciplinary team, as defined in section 235A.13, that
10is operating in the area in which the fatality occurred. The
11protocols shall also ensure that a member of the child fatality
12review committee does not have a conflict of interest regarding
13the child fatality under review.
14b. The committee shall have access to patient records
15and other pertinent confidential information and, subject to
16the restrictions in this subsection, may redisseminate the
17confidential information in the committee’s report.
18c. Upon completion of the review, the committee shall issue
19a report which shall include findings concerning the case and
20recommendations for changes to prevent child fatalities when
21similar circumstances exist. The report shall include but
22is not limited to the following information, subject to the
23restrictions listed in paragraph “d”:
24(1) The dates, outcomes, and results of any actions taken by
25the department of human services and others in regard to each
26report and allegation of child abuse involving the child who
27died.
28(2) The results of any review of the case performed by a
29multidisciplinary team, or by any other public entity that
30reviewed the case.
31(3) Confirmation of receipt by the department of human
32services of any report of child abuse involving the child,
33including confirmation as to whether or not any assessment
34involving the child was performed in accordance with section
35232.71B, the results of any assessment, a description of the
-93-1most recent assessment and the services offered to the family,
2the services rendered to the family, and the basis for the
3department’s decisions concerning the case.
4d. Prior to issuing the report, the committee shall consult
5with the county attorney responsible for prosecution of the
6alleged perpetrator of the child fatality. The committee’s
7report shall include child abuse information associated with
8the case and the child, but is subject to the restrictions
9applicable to the department of human services for release of
10information concerning a child fatality or near fatality in
11accordance with section 235A.15, subsection 9.
12e. Following the completion of the trial of any alleged
13perpetrator of the child fatality and the appeal period
14for the granting of a new trial, the committee shall issue
15a supplemental report containing the information that was
16withheld, in accordance with paragraph “d”, so as not to
17jeopardize the prosecution or the rights of the alleged
18perpetrator to a fair trial as described in section 235A.15,
19subsection 9, paragraphs “e” and “f”.
20f. The report and any supplemental report shall be submitted
21to the governor and general assembly.
22g. If deemed appropriate by the committee, at any point
23in the review the committee may recommend to the department
24of human services, appropriate law enforcement agencies, and
25any other person involved with child protection, interventions
26that may prevent harm to a child who is related to or is living
27in the same home as a child whose case is reviewed by the
28committee.
295. a. The following individuals shall designate a liaison
30to assist the review team in fulfilling its responsibilities:
31(1) The director of public health and human services.
32(2) The director of human services.
33(3) (2) The commissioner of public safety.
34(4) (3) The attorney general.
35(5) (4) The director of transportation.
-94- 1(6) (5) The director of the department of education.
2b. In addition, the chairperson of the review team
3 department shall designate a liaison from the public at large
4to assist the review team in fulfilling its responsibilities.
56. The review team may establish subcommittees to which the
6team may delegate some or all of the team’s responsibilities
7under subsection 3.
87. a. The state medical examiner, the Iowa department
9of public health, and the department of human services shall
10adopt rules providing for disclosure of information which is
11confidential under chapter 22 or any other provision of state
12law, to the review team for purposes of performing its child
13death and child abuse review responsibilities.
14b. A person in possession or control of medical,
15investigative, assessment, or other information pertaining to a
16child death and child abuse review shall allow the inspection
17and reproduction of the information by the office of the state
18medical examiner department upon the request of the office
19 department, to be used only in the administration and for
20the duties of the Iowa child death review team. Except as
21provided for a report on a child fatality by an ad hoc child
22fatality review committee under subsection 4, information and
23records produced under this section which are confidential
24under section 22.7 and chapter 235A, and information or records
25received from the confidential records, remain confidential
26under this section. A person does not incur legal liability
27by reason of releasing information to the department or the
28office of the state medical examiner as required under and in
29compliance with this section.
308. Review team members and their agents are immune from any
31liability, civil or criminal, which might otherwise be incurred
32or imposed as a result of any act, omission, proceeding,
33decision, or determination undertaken or performed, or
34recommendation made as a review team member or agent provided
35that the review team members or agents acted in good faith
-95-1and without malice in carrying out their official duties in
2their official capacity. The state medical examiner department
3 shall adopt rules pursuant to chapter 17A to administer
4this subsection. A complainant bears the burden of proof in
5establishing malice or lack of good faith in an action brought
6against review team members involving the performance of their
7duties and powers under this section.
89. A person who releases or discloses confidential data,
9records, or any other type of information in violation of this
10section is guilty of a serious misdemeanor.
11 Sec. 141. Section 135.61, subsection 12, Code 2023, is
12amended to read as follows:
1312. “Health services” means clinically related diagnostic,
14curative, or rehabilitative services, and includes alcoholism,
15drug abuse, substance use disorder and mental health services.
16 Sec. 142. Section 135.100, subsection 1, Code 2023, is
17amended to read as follows:
181. “Department” means the Iowa department of public health
19and human services.
20 Sec. 143. Section 135.101, Code 2023, is amended to read as
21follows:
22135.101 Childhood lead poisoning prevention program.
23There is established a childhood lead poisoning prevention
24program within the Iowa department of public health. The
25department shall implement and review programs necessary to
26eliminate potentially dangerous toxic lead levels in children
27in Iowa in a year for which funds are appropriated to the
28department for this purpose.
29 Sec. 144. Section 135.106, subsection 1, unnumbered
30paragraph 1, Code 2023, is amended to read as follows:
31The Iowa department of public health shall establish a
32healthy opportunities for parents to experience success (HOPES)
33– healthy families Iowa (HFI) program to provide services to
34families and children during the prenatal through preschool
35years. The program shall be designed to do all of the
-96-1following:
2 Sec. 145. Section 135.106, subsection 2, unnumbered
3paragraph 1, Code 2023, is amended to read as follows:
4The HOPES-HFI program shall be developed by the Iowa
5 department of public health, and may be implemented, in
6whole or in part, by contracting with a nonprofit child
7abuse prevention organization, local nonprofit certified home
8health program or other local nonprofit organizations, and
9shall include, but is not limited to, all of the following
10components:
11 Sec. 146. Section 135.106, subsection 3, Code 2023, is
12amended to read as follows:
133. It is the intent of the general assembly to provide
14communities with the discretion and authority to redesign
15existing local programs and services targeted at and assisting
16families expecting babies and families with children who
17are newborn through five years of age. The Iowa department
18of public health, department of human services, department
19of education, and other state agencies and programs, as
20appropriate, shall provide technical assistance and support
21to communities desiring to redesign their local programs and
22shall facilitate the consolidation of existing state funding
23appropriated and made available to the community for family
24support services. Funds which are consolidated in accordance
25with this subsection shall be used to support the redesigned
26service delivery system. In redesigning services, communities
27are encouraged to implement a single uniform family risk
28assessment mechanism and shall demonstrate the potential for
29improved outcomes for children and families. Requests by
30local communities for the redesigning of services shall be
31submitted to the Iowa department of public health, department
32of human services, and the department of education, and are
33subject to the approval of the early childhood Iowa state board
34in consultation with the departments, based on the practices
35utilized with early childhood Iowa areas under chapter 256I.
-97-1 Sec. 147. Section 135.107, Code 2023, is amended to read as
2follows:
3135.107 Center for rural Rural health and primary care
4established — duties.
51. The center for rural health and primary care is
6established within the department.
72. 1. The center for rural health and primary care
8 department shall do all of the following:
9a. Provide technical planning assistance to rural
10communities and counties exploring innovative means of
11delivering rural health services through community health
12services assessment, planning, and implementation, including
13but not limited to hospital conversions, cooperative agreements
14among hospitals, physician and health practitioner support,
15recruitment and retention of primary health care providers,
16public health services, emergency medical services, medical
17assistance facilities, rural health care clinics, and
18alternative means which may be included in the long-term
19community health services assessment and developmental plan.
20The center for rural health and primary care department
21 shall encourage collaborative efforts of the local boards of
22health, hospital governing boards, and other public and private
23entities located in rural communities to adopt a long-term
24community health services assessment and developmental plan
25pursuant to rules adopted by the department and perform the
26duties required of the Iowa department of public health in
27section 135B.33.
28b. Provide technical assistance to assist rural communities
29in improving Medicare reimbursements through the establishment
30of rural health clinics, defined pursuant to 42 U.S.C. §1395x,
31and distinct part skilled nursing facility beds.
32c. Coordinate services to provide research for the following
33items:
34(1) Examination of the prevalence of rural occupational
35health injuries in the state.
-98- 1(2) Assessment of training and continuing education
2available through local hospitals and others relating to
3diagnosis and treatment of diseases associated with rural
4occupational health hazards.
5(3) Determination of continuing education support necessary
6for rural health practitioners to diagnose and treat illnesses
7caused by exposure to rural occupational health hazards.
8(4) Determination of the types of actions that can help
9prevent agricultural accidents.
10(5) Surveillance and reporting of disabilities suffered
11by persons engaged in agriculture resulting from diseases
12or injuries, including identifying the amount and severity
13of agricultural-related injuries and diseases in the state,
14identifying causal factors associated with agricultural-related
15injuries and diseases, and indicating the effectiveness of
16intervention programs designed to reduce injuries and diseases.
17d. Cooperate with the center for agricultural safety and
18health established under section 262.78, the center for health
19effects of environmental contamination established under
20section 263.17, and the department of agriculture and land
21stewardship. The agencies shall coordinate programs to the
22extent practicable.
23e. Administer grants for farm safety education efforts
24directed to rural families for the purpose of preventing
25farm-related injuries to children.
263. 2. The center for rural health and primary care
27 department shall establish a primary care provider recruitment
28and retention endeavor, to be known as PRIMECARRE. The
29endeavor shall include a health care workforce and community
30support grant program and a primary care provider loan
31repayment program. The endeavor shall be developed and
32implemented in a manner to promote and accommodate local
33creativity in efforts to recruit and retain health care
34professionals to provide services in the locality. The
35focus of the endeavor shall be to promote and assist local
-99-1efforts in developing health care provider recruitment and
2retention programs. The center for rural health and primary
3care department may enter into an agreement with the college
4student aid commission for the administration of the center’s
5 department’s grant and loan repayment programs.
6a. Health care workforce and community support grant program.
7(1) The center for rural health and primary care department
8 shall adopt rules establishing flexible application processes
9based upon the department’s strategic plan to be used by the
10center department to establish a grant assistance program as
11provided in this paragraph “a”, and establishing the criteria
12to be used in evaluating the applications. Selection criteria
13shall include a method for prioritizing grant applications
14based on illustrated efforts to meet the health care provider
15needs of the locality and surrounding area. Such assistance
16may be in the form of a forgivable loan, grant, or other
17nonfinancial assistance as deemed appropriate by the center
18 department. An application submitted may contain a commitment
19of matching funds for the grant assistance. Application may
20be made for assistance by a single community or group of
21communities or in response to programs recommended in the
22strategic plan to address health workforce shortages.
23(2) Grants awarded under the program shall be awarded
24to rural, underserved areas or special populations as
25identified by the department’s strategic plan or evidence-based
26documentation.
27b. Primary care provider loan repayment program.
28(1) A primary care provider loan repayment program is
29established to increase the number of health professionals
30practicing primary care in federally designated health
31professional shortage areas of the state. Under the program,
32loan repayment may be made to a recipient for educational
33expenses incurred while completing an accredited health
34education program directly related to obtaining credentials
35necessary to practice the recipient’s health profession.
-100- 1(2) The center for rural health and primary care
2 department shall adopt rules relating to the establishment and
3administration of the primary care provider loan repayment
4program. Rules adopted pursuant to this paragraph shall
5provide, at a minimum, for all of the following:
6(a) Determination of eligibility requirements and
7qualifications of an applicant to receive loan repayment under
8the program, including but not limited to years of obligated
9service, clinical practice requirements, and residency
10requirements. One year of obligated service shall be provided
11by the applicant in exchange for each year of loan repayment,
12unless federal requirements otherwise require. Loan repayment
13under the program shall not be approved for a health provider
14whose license or certification is restricted by a medical
15regulatory authority of any jurisdiction of the United States,
16other nations, or territories.
17(b) Identification of federally designated health
18professional shortage areas of the state and prioritization of
19such areas according to need.
20(c) Determination of the amount and duration of the loan
21repayment an applicant may receive, giving consideration to the
22availability of funds under the program, and the applicant’s
23outstanding educational loans and professional credentials.
24(d) Determination of the conditions of loan repayment
25applicable to an applicant.
26(e) Enforcement of the state’s rights under a loan repayment
27program contract, including the commencement of any court
28action.
29(f) Cancellation of a loan repayment program contract for
30reasonable cause unless federal requirements otherwise require.
31(g) Participation in federal programs supporting repayment
32of loans of health care providers and acceptance of gifts,
33grants, and other aid or amounts from any person, association,
34foundation, trust, corporation, governmental agency, or other
35entity for the purposes of the program.
-101- 1(h) Upon availability of state funds, determination of
2eligibility criteria and qualifications for participating
3communities and applicants not located in federally designated
4shortage areas.
5(i) Other rules as necessary.
64. 3. a. Eligibility under any of the programs established
7under the primary care provider recruitment and retention
8endeavor shall be based upon a community health services
9assessment completed under subsection 2, paragraph “a”.
10Participation in a community health services assessment process
11shall be documented by the community or region.
12b. Assistance under this subsection shall not be granted
13until such time as the community or region making application
14has completed a community health services assessment and
15adopted a long-term community health services assessment and
16developmental plan. In addition to any other requirements, an
17applicant’s plan shall include, to the extent possible, a clear
18commitment to informing high school students of the health care
19opportunities which may be available to such students.
20c. The center for rural health and primary care department
21 shall seek additional assistance and resources from other state
22departments and agencies, federal agencies and grant programs,
23private organizations, and any other person, as appropriate.
24The center department is authorized and directed to accept
25on behalf of the state any grant or contribution, federal or
26otherwise, made to assist in meeting the cost of carrying out
27the purpose of this subsection. All federal grants to and the
28federal receipts of the center department are appropriated
29for the purpose set forth in such federal grants or receipts.
30Funds appropriated by the general assembly to the center
31 department for implementation of this subsection shall first
32be used for securing any available federal funds requiring a
33state match, with remaining funds being used for the health
34care workforce and community support grant program.
35d. The center for rural health and primary care department
-102-1 may, to further the purposes of this subsection, provide
2financial assistance in the form of grants to support
3the effort of a community which is clearly part of the
4community’s long-term community health services assessment
5and developmental plan. Efforts for which such grants may
6be awarded include but are not limited to the procurement of
7clinical equipment, clinical facilities, and telecommunications
8facilities, and the support of locum tenens arrangements and
9primary care provider mentor programs.
10 Sec. 148. Section 135.108, subsections 1 and 2, Code 2023,
11are amended to read as follows:
121. “Department” means the Iowa department of public health
13and human services.
142. “Director” means the director of public health and human
15services.
16 Sec. 149. Section 135.109, Code 2023, is amended to read as
17follows:
18135.109 Iowa domestic abuse death review team membership.
191. An Iowa domestic abuse death review team is established
20as an independent agency of state government in the department.
212. The department shall provide staffing and administrative
22support to the team.
233. The team shall include the following members:
24a. The state medical examiner or the state medical
25examiner’s designee.
26b. A licensed physician, physician assistant, or nurse who
27is knowledgeable concerning domestic abuse injuries and deaths,
28including suicides.
29c. A licensed mental health professional who is
30knowledgeable concerning domestic abuse.
31d. A representative or designee of the Iowa coalition
32against domestic violence.
33e. A certified or licensed professional who is knowledgeable
34concerning substance abuse use disorder.
35f. A law enforcement official who is knowledgeable
-103-1concerning domestic abuse.
2g. A law enforcement investigator experienced in domestic
3abuse investigation.
4h. An attorney experienced in prosecuting domestic abuse
5cases.
6i. A judicial officer appointed by the chief justice of the
7supreme court.
8j. A clerk of the district court appointed by the chief
9justice of the supreme court.
10k. An employee or subcontractor of the department of
11corrections who is a trained batterers’ education program
12facilitator.
13l. An attorney licensed in this state who provides criminal
14defense assistance or child custody representation, and who has
15experience in dissolution of marriage proceedings.
16m. Both a female and a male victim of domestic abuse.
17n. A family member of a decedent whose death resulted from
18domestic abuse.
194. The following individuals shall each designate a liaison
20to assist the team in fulfilling the team’s duties:
21a. The attorney general.
22b. The director of the Iowa department of corrections.
23c. The director of public health.
24d. c. The director of health and human services.
25e. d. The commissioner of public safety.
26f. The administrator of the bureau of vital records of the
27Iowa department of public health.
28g. e. The director of the department of education.
29h. f. The state court administrator.
30i. The director of the department of human rights.
31j. g. The director of the state law enforcement academy.
325. a. The director of public health, in consultation with
33the attorney general, shall appoint review team members who are
34not designated by another appointing authority.
35b. A membership vacancy shall be filled in the same manner
-104-1as the original appointment.
2c. The membership of the review team is subject to the
3provisions of sections 69.16 and 69.16A, relating to political
4affiliation and gender balance.
5d. A member of the team may be reappointed to serve
6additional terms on the team, subject to the provisions of
7chapter 69.
86. Membership terms shall be three-year staggered terms.
97. Members of the team are eligible for reimbursement of
10actual and necessary expenses incurred in the performance of
11their official duties.
128. Team members and their agents are immune from any
13liability, civil or criminal, which might otherwise be incurred
14or imposed as a result of any act, omission, proceeding,
15decision, or determination undertaken or performed, or
16recommendation made as a team member or agent provided that the
17team members or agents acted reasonably and in good faith and
18without malice in carrying out their official duties in their
19official capacity. A complainant bears the burden of proof
20in establishing malice or unreasonableness or lack of good
21faith in an action brought against team members involving the
22performance of their duties and powers.
23 Sec. 150. Section 135.118, subsection 1, Code 2023, is
24amended to read as follows:
251. A child protection center grant program is established
26in the Iowa department of public health in accordance with
27this section. The director of public health department shall
28establish requirements for the grant program and shall award
29grants. A grant may be used for establishment of a new center
30or for support of an existing center.
31 Sec. 151. Section 135.118, subsection 2, paragraph d, Code
322023, is amended to read as follows:
33d. As necessary to address serious cases of child abuse such
34as those involving sexual abuse, serious physical abuse, and
35substance abuse use disorder, a grantee must be able to involve
-105-1or consult with persons from various professional disciplines
2who have training and expertise in addressing special types
3of child abuse. These persons may include but are not
4limited to physicians and other health care professionals,
5mental health professionals, social workers, child protection
6workers, attorneys, juvenile court officers, public health
7workers, child development experts, child educators, and child
8advocates.
9 Sec. 152. Section 135.118, subsection 3, Code 2023, is
10amended to read as follows:
113. The director shall create a committee to consider grant
12proposals and to make grant recommendations to the director.
13The committee membership may include but is not limited to
14representatives of the following: departments of health and
15 human services, and justice, and public health, Iowa medical
16society, Iowa hospital association, Iowa nurses association,
17and an association representing social workers.
18 Sec. 153. Section 135.140, Code 2023, is amended to read as
19follows:
20135.140 Definitions.
21As used in this subchapter, unless the context otherwise
22requires:
231. “Bioterrorism” means the intentional use of any
24microorganism, virus, infectious substance, or biological
25product that may be engineered as a result of biotechnology,
26or any naturally occurring or bioengineered component of any
27such microorganism, virus, infectious substance, or biological
28product, to cause death, disease, or other biological
29malfunction in a human, an animal, a plant, or another living
30organism.
312. “Department” means the Iowa department of public health
32and human services.
333. “Director” means the director of public health and human
34services or the director’s designee.
354. “Disaster” means disaster as defined in section 29C.2.
-106- 15. “Division” means the division of acute disease prevention
2and emergency response of the department.
36. 5. “Public health disaster” means a state of disaster
4emergency proclaimed by the governor in consultation with the
5department pursuant to section 29C.6 for a disaster which
6specifically involves an imminent threat of an illness or
7health condition that meets any of the following conditions of
8paragraphs “a” and “b”:
9a. Is reasonably believed to be caused by any of the
10following:
11(1) Bioterrorism or other act of terrorism.
12(2) The appearance of a novel or previously controlled or
13eradicated infectious agent or biological toxin.
14(3) A chemical attack or accidental release.
15(4) An intentional or accidental release of radioactive
16material.
17(5) A nuclear or radiological attack or accident.
18(6) A natural occurrence or incident, including but not
19limited to fire, flood, storm, drought, earthquake, tornado,
20or windstorm.
21(7) A man-made occurrence or incident, including but not
22limited to an attack, spill, or explosion.
23b. Poses a high probability of any of the following:
24(1) A large number of deaths in the affected population.
25(2) A large number of serious or long-term disabilities in
26the affected population.
27(3) Widespread exposure to an infectious or toxic agent that
28poses a significant risk of substantial future harm to a large
29number of the affected population.
30(4) Short-term or long-term physical or behavioral health
31consequences to a large number of the affected population.
327. 6. “Public health response team” means a team of
33professionals, including licensed health care providers,
34nonmedical professionals skilled and trained in disaster or
35emergency response, and public health practitioners, which is
-107-1sponsored by a hospital or other entity and approved by the
2department to provide disaster assistance in the event of a
3disaster or threatened disaster.
4 Sec. 154. Section 135.141, Code 2023, is amended to read as
5follows:
6135.141 Division of Department duties related to acute
7disease prevention and emergency response — establishment —
8duties of department.
91. A division of acute disease prevention and emergency
10response is established within the department. The division
11 department shall coordinate the administration of this
12subchapter with other administrative divisions of the
13department and with federal, state, and local agencies and
14officials.
152. The department shall do all of the following:
16a. Coordinate with the department of homeland security and
17emergency management the administration of emergency planning
18matters which involve the public health, including development,
19administration, and execution of the public health components
20of the comprehensive emergency plan and emergency management
21program pursuant to section 29C.8.
22b. Coordinate with federal, state, and local agencies and
23officials, and private agencies, organizations, companies, and
24persons, the administration of emergency planning, response,
25and recovery matters that involve the public health.
26c. If a public health disaster exists, or if there is
27reasonable cause to believe that a public health disaster is
28imminent, conduct a risk assessment of any present or potential
29danger to the public health from chemical, radiological, or
30other potentially dangerous agents.
31d. For the purpose of paragraph “c”, an employee or agent
32of the department may enter into and examine any premises
33containing potentially dangerous agents with the consent of the
34owner or person in charge of the premises or, if the owner or
35person in charge of the premises refuses admittance, with an
-108-1administrative search warrant obtained under section 808.14.
2Based on findings of the risk assessment and examination of the
3premises, the director may order reasonable safeguards or take
4any other action reasonably necessary to protect the public
5health pursuant to rules adopted to administer this subsection.
6e. Coordinate the location, procurement, storage,
7transportation, maintenance, and distribution of medical
8supplies, drugs, antidotes, and vaccines to prepare for or in
9response to a public health disaster, including receiving,
10distributing, and administering items from the strategic
11national stockpile program of the centers for disease control
12and prevention of the United States department of health and
13human services.
14f. Conduct or coordinate public information activities
15regarding emergency and disaster planning, response, and
16recovery matters that involve the public health.
17g. Apply for and accept grants, gifts, or other funds to be
18used for programs authorized by this subchapter.
19h. Establish and coordinate other programs or activities
20as necessary for the prevention, detection, management, and
21containment of public health disasters, and for the recovery
22from such disasters.
23i. Adopt rules pursuant to chapter 17A for the
24administration of this subchapter including rules adopted in
25cooperation with the Iowa pharmacy association and the Iowa
26hospital association for the development of a surveillance
27system to monitor supplies of drugs, antidotes, and vaccines to
28assist in detecting a potential public health disaster. Prior
29to adoption, the rules shall be approved by the state board of
30health council on health and human services and the director of
31the department of homeland security and emergency management.
32 Sec. 155. Section 135.166, subsection 1, paragraph a, Code
332023, is amended to read as follows:
34a. The department of public health shall enter into a
35memorandum of understanding with the contractor selected
-109-1through a request for proposals process to act as the
2department’s intermediary in collecting, maintaining, and
3disseminating hospital inpatient, outpatient, and ambulatory
4data, as initially authorized in 1996 Iowa Acts, ch.1212, §5,
5subsection 1, paragraph “a”, subparagraph (4), and 641 IAC
6177.3.
7 Sec. 156. Section 135.173A, Code 2023, is amended to read
8as follows:
9135.173A Child care advisory committee.
101. The early childhood stakeholders alliance shall
11establish a state child care advisory committee as part of the
12stakeholders alliance. The advisory committee shall advise
13and make recommendations to the governor, general assembly,
14department of human services, and other state agencies
15concerning child care.
162. The membership of the advisory committee shall consist of
17a broad spectrum of parents and other persons from across the
18state with an interest in or involvement with child care.
193. Except as otherwise provided, the voting members of
20the advisory committee shall be appointed by the stakeholders
21alliance from a list of names submitted by a nominating
22committee to consist of one member of the advisory committee,
23one member of the department of human services’ department’s
24 child care staff, three consumers of child care, and one member
25of a professional child care organization. Two names shall be
26submitted for each appointment. The voting members shall be
27appointed for terms of three years.
284. The voting membership of the advisory committee shall be
29appointed in a manner so as to provide equitable representation
30of persons with an interest in child care and shall include all
31of the following:
32a. Two parents of children served by a registered child
33development home.
34b. Two parents of children served by a licensed center.
35c. Two not-for-profit child care providers.
-110- 1d. Two for-profit child care providers.
2e. One child care home provider.
3f. Three child development home providers.
4g. One child care resource and referral service grantee.
5h. One nongovernmental child advocacy group representative.
6i. One designee of the department of human services.
7j. One designee of the Iowa department of public health.
8k. j. One designee of the department of education.
9l. k. One head start program provider.
10m. l. One person who is a business owner or executive
11officer from nominees submitted by the Iowa chamber of commerce
12executives.
13n. One designee of the early childhood Iowa office of the
14department of management.
15o. m. One person who is a member of the Iowa afterschool
16alliance.
17p. n. One person who is part of a local program
18implementing the statewide preschool program for four-year-old
19children under chapter 256C.
20q. o. One person who represents the early childhood
21stakeholders alliance.
225. In addition to the voting members of the advisory
23committee, the membership shall include four legislators as
24ex officio, nonvoting members. The four legislators shall
25be appointed one each by the majority leader of the senate,
26the minority leader of the senate, the speaker of the house
27of representatives, and the minority leader of the house of
28representatives for terms as provided in section 69.16B.
296. In fulfilling the advisory committee’s role, the
30committee shall do all of the following:
31a. Consult with the department of human services and make
32recommendations concerning policy issues relating to child
33care.
34b. Advise the department of human services concerning
35services relating to child care, including but not limited to
-111-1any of the following:
2(1) Resource and referral services.
3(2) Provider training.
4(3) Quality improvement.
5(4) Public-private partnerships.
6(5) Standards review and development.
7(6) The federal child care and development block grant,
8state funding, grants, and other funding sources for child
9care.
10c. Assist the department of human services in developing an
11implementation plan to provide seamless service to recipients
12of public assistance, which includes child care services.
13For the purposes of this subsection, “seamless service”
14means coordination, where possible, of the federal and state
15requirements which apply to child care.
16d. Advise and provide technical services to the director of
17the department of education or the director’s designee relating
18to prekindergarten, kindergarten, and before and after school
19programming and facilities.
20e. Make recommendations concerning child care expansion
21programs that meet the needs of children attending a core
22education program by providing child care before and after the
23core program hours and during times when the core program does
24not operate.
25f. Make recommendations for improving collaborations
26between the child care programs involving the department of
27human services and programs supporting the education and
28development of young children including but not limited to the
29federal head start program; the statewide preschool program for
30four-year-old children; and the early childhood, at-risk, and
31other early education programs administered by the department
32of education.
33g. Make recommendations for eliminating duplication and
34otherwise improving the eligibility determination processes
35used for the state child care assistance program and other
-112-1programs supporting low-income families, including but not
2limited to the federal head start, early head start, and even
3start programs; the early childhood, at-risk, and preschool
4programs administered by the department of education; the
5family and self-sufficiency grant program; and the family
6investment program.
7h. Make recommendations as to the most effective and
8efficient means of managing the state and federal funding
9available for the state child care assistance program.
10i. Review program data from the department of human services
11 and other departments concerning child care as deemed to be
12necessary by the advisory committee, although a department
13shall not provide personally identifiable data or information.
14j. Advise and assist the early childhood stakeholders
15alliance in developing the strategic plan required pursuant to
16section 256I.4, subsection 4.
177. The department of human services shall provide
18information to the advisory committee semiannually on all of
19the following:
20a. Federal, state, local, and private revenues and
21expenditures for child care including but not limited to
22updates on the current and future status of the revenues and
23expenditures.
24b. Financial information and data relating to regulation of
25child care by the department of human services and the usage of
26the state child care assistance program.
27c. Utilization and availability data relating to child care
28regulation, quantity, and quality from consumer and provider
29perspectives.
30d. Statistical and demographic data regarding child care
31providers and the families utilizing child care.
32e. Statistical data regarding the processing time for
33issuing notices of decision to state child care assistance
34applicants and for issuing payments to child care providers.
358. The advisory committee shall coordinate with the early
-113-1childhood stakeholders alliance its reporting annually in
2December to the governor and general assembly concerning the
3status of child care in the state, providing findings, and
4making recommendations. The annual report may be personally
5presented to the general assembly’s standing committees on
6health and human resources services by a representative of the
7advisory committee.
8 Sec. 157. Section 135.175, subsection 6, paragraphs b and c,
9Code 2023, are amended to read as follows:
10b. State programs that may receive funding from the fund
11and the accounts in the fund, if specifically designated for
12the purpose of drawing down federal funding, are the primary
13care recruitment and retention endeavor (PRIMECARRE), the Iowa
14affiliate of the national rural recruitment and retention
15network, the oral and health delivery systems bureau dental
16program of the department, the primary care office and
17shortage designation program, and the state office of rural
18health, administered through the oral and health delivery
19systems bureau of the department of public health; any entity
20identified by the federal government entity through which
21federal funding for a specified health care workforce shortage
22initiative is received; and a program developed in accordance
23with the strategic plan developed by the department of public
24health in accordance with section 135.163.
25c. Any federal funding received for the purposes of
26addressing state health care workforce shortages shall be
27deposited in the health care workforce shortage national
28initiatives account, unless otherwise specified by the source
29of the funds, and shall be used as required by the source of
30the funds. If use of the federal funding is not designated,
31the funds shall be used in accordance with the strategic plan
32developed by the department of public health in accordance with
33section 135.163, or to address workforce shortages as otherwise
34designated by the department of public health. Other sources
35of funding shall be deposited in the fund or account and used
-114-1as specified by the source of the funding.
2 Sec. 158. Section 135.185, subsection 6, Code 2023, is
3amended to read as follows:
46. The department of public health, the board of medicine,
5the board of nursing, and the board of pharmacy shall adopt
6rules pursuant to chapter 17A to implement and administer this
7section, including but not limited to standards and procedures
8for the prescription, distribution, storage, replacement, and
9administration of epinephrine auto-injectors, and for training
10and authorization to be required for personnel authorized to
11administer epinephrine.
12 Sec. 159. Section 135.190, subsection 1, paragraph d, Code
132023, is amended to read as follows:
14d. “Person in a position to assist” means a family member,
15friend, caregiver, health care provider, employee of a
16substance abuse use disorder treatment facility, school
17employee, or other person who may be in a place to render aid to
18a person at risk of experiencing an opioid-related overdose.
19 Sec. 160. Section 135.190A, subsection 6, Code 2023, is
20amended to read as follows:
216. The department shall submit a report to the
22co-chairpersons and ranking members of the joint appropriations
23subcommittee on the justice system and to the legislative
24services agency general assembly on or before December 31
25of each year which shall contain a list of deposits and
26expenditures from the fund for the prior fiscal year and the
27amount of carryover funds, if any, to be distributed in the
28next fiscal year.
29 Sec. 161. Section 135A.2, subsections 2 and 4, Code 2023,
30are amended to read as follows:
312. “Department” means the department of public health and
32human services.
334. “Governmental public health system” means local boards
34of health, the state board of council on health and human
35services, designated local public health agencies, the state
-115-1hygienic laboratory, and the department.
2 Sec. 162. Section 135A.8, subsection 4, Code 2023, is
3amended to read as follows:
44. A local board of health seeking matching funds or grants
5under this section shall apply to the department. The state
6board of council on health and human services shall adopt rules
7concerning the application and award process for the allocation
8of moneys in the fund and shall establish the criteria for the
9allocation of moneys in the fund if the moneys are insufficient
10to meet the needs of local boards of health.
11 Sec. 163. Section 135A.9, unnumbered paragraph 1, Code
122023, is amended to read as follows:
13The state board of council on health and human services shall
14adopt rules pursuant to chapter 17A to implement this chapter
15which shall include but are not limited to the following:
16 Sec. 164. Section 135B.7, subsection 1, paragraph a, Code
172023, is amended to read as follows:
18a. The department, with the approval of the state board of
19 council on health and human services, shall adopt rules setting
20out the standards for the different types of hospitals to be
21licensed under this chapter. The department shall enforce the
22rules.
23 Sec. 165. Section 135B.9, subsection 2, Code 2023, is
24amended to read as follows:
252. In the state resource centers and state mental health
26institutes operated by the department of health and human
27services, the designated protection and advocacy agency as
28provided in section 135C.2, subsection 4, shall have the
29authority to investigate all complaints of abuse and neglect
30of persons with developmental disabilities or mental illnesses
31if the complaints are reported to the protection and advocacy
32agency or if there is probable cause to believe that the abuse
33has occurred. Such authority shall include the examination of
34all records pertaining to the care provided to the residents
35and contact or interview with any resident, employee, or any
-116-1other person who might have knowledge about the operation of
2the institution.
3 Sec. 166. Section 135B.33, subsection 1, unnumbered
4paragraph 1, Code 2023, is amended to read as follows:
5Subject to availability of funds, the Iowa department of
6public health and human services shall provide technical
7planning assistance to local boards of health and hospital
8governing boards to ensure access to hospital services in
9rural areas. The department shall encourage the local boards
10of health and hospital governing boards to adopt a long-term
11community health services and developmental plan including the
12following:
13 Sec. 167. Section 135B.34, Code 2023, is amended to read as
14follows:
15135B.34 Hospital employees — criminal history and abuse
16record checks — penalty.
171. a. Prior to employment of a person in a hospital, the
18hospital shall do one of the following:
19(1) Request that the department of public safety perform a
20criminal history check and the record check evaluation system
21of the department of health and human services perform child
22and dependent adult abuse record checks of the person in this
23state.
24(2) Access the single contact repository to perform the
25required record checks.
26b. (1) If a hospital accesses the single contact repository
27to perform the required record checks pursuant to paragraph
28“a”, the hospital may utilize a third-party vendor to perform a
29comprehensive preliminary background check and provisionally
30employ a person being considered for employment pending
31completion of the required record checks through the single
32contact repository and the evaluation by the department of
33human services record check evaluation system, as applicable,
34subject to all of the following:
35(a) If the comprehensive preliminary background check
-117-1determines that the person being considered for employment has
2been convicted of a crime, but the crime does not constitute a
3felony as defined in section 701.7 and is not a crime specified
4pursuant to chapter 708, 708A, 709, 709A, 710, 710A, 711, or
5712, or pursuant to section 726.3, 726.27, or 726.28.
6(b) If the comprehensive preliminary background check
7determines the person being considered for employment does not
8have a record of founded child abuse or dependent adult abuse
9or if an exception pursuant to subsection 4 is applicable to
10the person.
11(c) If the hospital has requested an evaluation in
12accordance with subsection 2, paragraph “a”, to determine
13whether the crime warrants prohibition of the person’s
14employment in the hospital.
15(2) The provisional employment under this paragraph “b”
16may continue until such time as the required record checks
17through the single contact repository and the evaluation by the
18department of human services record check evaluation system,
19as applicable, are completed.
20c. A hospital shall inform all persons prior to employment
21regarding the performance of the record checks and shall
22obtain, from the persons, a signed acknowledgment of the
23receipt of the information. A hospital shall include the
24following inquiry in an application for employment:
25Do you have a record of founded child or dependent adult abuse
26or have you ever been convicted of a crime, in this state or any
27other state?
282. a. If it is determined that a person being considered
29for employment in a hospital has committed a crime, the
30department of public safety shall notify the hospital that upon
31the request of the hospital the department of human services
32 record check evaluation system will perform an evaluation
33to determine whether the crime warrants prohibition of the
34person’s employment in the hospital.
35b. (1) If a person being considered for employment, other
-118-1than employment involving the operation of a motor vehicle, has
2been convicted of a crime listed in subparagraph (2) but does
3not have a record of founded child or dependent adult abuse
4and the hospital has requested an evaluation in accordance
5with paragraph “a” to determine whether the crime warrants
6prohibition of the person’s employment, the hospital may employ
7the person for not more than sixty calendar days pending
8completion of the evaluation.
9(2) Subparagraph (1) applies to a crime that is a simple
10misdemeanor offense under section 123.47, and to a crime
11that is a first offense of operating a motor vehicle while
12intoxicated under section 321J.2, subsection 1.
13c. If a department of human services record check evaluation
14system child or dependent adult abuse record check shows that
15the person has a record of founded child or dependent adult
16abuse, the department of human services record check evaluation
17system shall notify the hospital that upon the request of
18the hospital the department of human services record check
19evaluation system will perform an evaluation to determine
20whether the founded child or dependent adult abuse warrants
21prohibition of the person’s employment in the hospital.
22d. An evaluation performed under this subsection shall
23be performed in accordance with procedures adopted for this
24purpose by the department of health and human services.
25e. (1) If a person owns or operates more than one hospital,
26and an employee of one of such hospitals is transferred to
27another such hospital without a lapse in employment, the
28hospital is not required to request additional criminal and
29child and dependent adult abuse record checks of that employee.
30(2) If the ownership of a hospital is transferred, at the
31time of transfer the record checks required by this section
32shall be performed for each employee for whom there is no
33documentation that such record checks have been performed.
34The hospital may continue to employ such employee pending the
35performance of the record checks and any related evaluation.
-119- 13. In an evaluation, the department of human services
2 record check evaluation system shall consider the nature and
3seriousness of the crime or founded child or dependent adult
4abuse in relation to the position sought or held, the time
5elapsed since the commission of the crime or founded child
6or dependent adult abuse, the circumstances under which the
7crime or founded child or dependent adult abuse was committed,
8the degree of rehabilitation, the likelihood that the person
9will commit the crime or founded child or dependent adult
10abuse again, and the number of crimes or founded child or
11dependent adult abuses committed by the person involved. If
12the department of human services record check evaluation system
13 performs an evaluation for the purposes of this section, the
14department of human services record check evaluation system
15 has final authority in determining whether prohibition of the
16person’s employment is warranted.
174. a. Except as provided in subsection 1, paragraph “b”,
18subsection 2, and paragraph “b” of this subsection, a person
19who has committed a crime or has a record of founded child
20or dependent adult abuse shall not be employed in a hospital
21licensed under this chapter unless an evaluation has been
22performed by the department of human services record check
23evaluation system.
24b. A person with a criminal or abuse record who is or was
25employed by a hospital licensed under this chapter and is hired
26by another hospital shall be subject to the criminal history
27and abuse record checks required pursuant to subsection 1.
28However, if an evaluation was previously performed by the
29department of human services record check evaluation system
30 concerning the person’s criminal or abuse record and it was
31determined that the record did not warrant prohibition of
32the person’s employment and the latest record checks do not
33indicate a crime was committed or founded abuse record was
34entered subsequent to that evaluation, the person may commence
35employment with the other hospital in accordance with the
-120-1department of human services’ record check evaluation system’s
2 evaluation and an exemption from the requirements in paragraph
3“a” for reevaluation of the latest record checks is authorized.
4Otherwise, the requirements of paragraph “a” remain applicable
5to the person’s employment. Authorization of an exemption
6under this paragraph “b” from requirements for reevaluation of
7the latest record checks by the department of human services
8 record check evaluation system is subject to all of the
9following provisions:
10(1) The position with the subsequent employer is
11substantially the same or has the same job responsibilities as
12the position for which the previous evaluation was performed.
13(2) Any restrictions placed on the person’s employment in
14the previous evaluation by the department of human services
15 record check evaluation system shall remain applicable in the
16person’s subsequent employment.
17(3) The person subject to the record checks has maintained a
18copy of the previous evaluation and provides the evaluation to
19the subsequent employer or the previous employer provides the
20previous evaluation from the person’s personnel file pursuant
21to the person’s authorization. If a physical copy of the
22previous evaluation is not provided to the subsequent employer,
23the record checks shall be reevaluated.
24(4) Although an exemption under this lettered paragraph “b”
25may be authorized, the subsequent employer may instead request
26a reevaluation of the record checks and may employ the person
27while the reevaluation is being performed.
285. a. If a person employed by a hospital that is subject
29to this section is convicted of a crime or has a record of
30founded child or dependent adult abuse entered in the abuse
31registry after the person’s employment application date, the
32person shall inform the hospital of such information within
33forty-eight hours of the criminal conviction or entry of the
34record of founded child or dependent adult abuse. The hospital
35shall act to verify the information within seven calendar
-121-1days of notification. If the information is verified, the
2requirements of subsections 2, 3, and 4 regarding employability
3and evaluations shall be applied by the hospital to determine
4whether or not the person’s employment is continued. The
5hospital may continue to employ the person pending the
6performance of an evaluation by the department of human
7services record check evaluation system to determine whether
8prohibition of the person’s employment is warranted. A person
9who is required by this subsection to inform the person’s
10employer of a conviction or entry of an abuse record and
11fails to do so within the required period commits a serious
12misdemeanor.
13b. If a hospital receives credible information, as
14determined by the hospital, that a person employed by the
15hospital has been convicted of a crime or a record of founded
16child or dependent adult abuse has been entered in the
17abuse registry after employment from a person other than the
18employee and the employee has not informed the hospital of such
19information within the period required under paragraph “a”, the
20hospital shall act to verify the credible information within
21seven calendar days of receipt of the credible information. If
22the information is verified, the requirements of subsections
232, 3, and 4 regarding employability and evaluations shall
24be applied by the hospital to determine whether or not the
25person’s employment is continued.
26c. The hospital may notify the county attorney for the
27county where the hospital is located of any violation or
28failure by an employee to notify the hospital of a criminal
29conviction or entry of an abuse record within the period
30required under paragraph “a”.
316. A hospital licensed in this state may access the single
32contact repository established by the department pursuant to
33section 135C.33 as necessary for the hospital to perform record
34checks of persons employed or being considered for employment
35by the hospital.
-122- 17. For the purposes of this section, “comprehensive
2preliminary background check” means and “record check evaluation
3system” mean the same as defined in section 135C.1.
4 Sec. 168. Section 135C.1, subsection 20, Code 2023, is
5amended to read as follows:
620. “Residential care facility” means any institution,
7place, building, or agency providing for a period exceeding
8twenty-four consecutive hours accommodation, board, personal
9assistance and other essential daily living activities to
10three or more individuals, not related to the administrator or
11owner thereof within the third degree of consanguinity, who by
12reason of illness, disease, or physical or mental infirmity
13are unable to sufficiently or properly care for themselves but
14who do not require the services of a registered or licensed
15practical nurse except on an emergency basis or who by reason
16of illness, disease, or physical or mental infirmity are unable
17to sufficiently or properly care for themselves but who do not
18require the services of a registered or licensed practical
19nurse except on an emergency basis if home and community-based
20services, other than nursing care, as defined by this chapter
21and departmental rule, are provided. For the purposes of
22this definition, the home and community-based services to be
23provided are limited to the type included under the medical
24assistance program provided pursuant to chapter 249A, are
25subject to cost limitations established by the department
26of health and human services under the medical assistance
27program, and except as otherwise provided by the department of
28inspections and appeals with the concurrence of the department
29of health and human services, are limited in capacity to the
30number of licensed residential care facilities and the number
31of licensed residential care facility beds in the state as of
32December 1, 2003.
33 Sec. 169. Section 135C.1, Code 2023, is amended by adding
34the following new subsection:
35 NEW SUBSECTION. 18A. “Record check evaluation system” means
-123-1the record check evaluation system of the department of health
2and human services used to perform child and dependent adult
3abuse record checks and to evaluate criminal history and abuse
4records.
5 Sec. 170. Section 135C.4, subsection 3, Code 2023, is
6amended to read as follows:
73. For the purposes of this section, the home and
8community-based services to be provided shall be limited
9to the type included under the medical assistance program
10provided pursuant to chapter 249A, shall be subject to cost
11limitations established by the department of health and human
12services under the medical assistance program, and except
13as otherwise provided by the department of inspections and
14appeals with the concurrence of the department of health and
15 human services, shall be limited in capacity to the number of
16licensed residential care facilities and the number of licensed
17residential care facility beds in the state as of December 1,
182003.
19 Sec. 171. Section 135C.6, subsections 8 and 9, Code 2023,
20are amended to read as follows:
218. The following residential programs to which the
22department of health and human services applies accreditation,
23certification, or standards of review shall not be required to
24be licensed as a health care facility under this chapter:
25a. Residential programs providing care to not more than four
26individuals and receiving moneys appropriated to the department
27of health and human services under provisions of a federally
28approved home and community-based services waiver for persons
29with an intellectual disability or other medical assistance
30program under chapter 249A. In approving a residential
31program under this paragraph, the department of health and
32 human services shall consider the geographic location of the
33program so as to avoid an overconcentration of such programs
34in an area. In order to be approved under this paragraph,
35a residential program shall not be required to involve the
-124-1conversion of a licensed residential care facility for persons
2with an intellectual disability.
3b. Not more than forty residential care facilities for
4persons with an intellectual disability that are licensed to
5serve not more than five individuals may be authorized by the
6department of health and human services to convert to operation
7as a residential program under the provisions of a medical
8assistance home and community-based services waiver for persons
9with an intellectual disability. A converted residential
10program operating under this paragraph is subject to the
11conditions stated in paragraph “a” except that the program shall
12not serve more than five individuals.
13c. A residential program approved by the department of
14health and human services pursuant to this paragraph “c” to
15receive moneys appropriated to the department of health and
16 human services under provisions of a federally approved home
17and community-based services habilitation or waiver program may
18provide care to not more than five individuals. The department
19shall approve a residential program under this paragraph that
20complies with all of the following conditions:
21(1) Approval of the program will not result in an
22overconcentration of such programs in an area.
23(2) The county in which the residential program is located
24submits to the department of health and human services a letter
25of support for approval of the program.
26(3) The county in which the residential program is located
27provides to the department of health and human services
28verification in writing that the program is needed to address
29one or more of the following:
30(a) The quantity of services currently available in the
31county is insufficient to meet the need.
32(b) The quantity of affordable rental housing in the county
33is insufficient.
34(c) Implementation of the program will cause a reduction in
35the size or quantity of larger congregate programs.
-125- 19. Contingent upon the department of health and human
2services receiving federal approval, a residential program
3which serves not more than eight individuals and is licensed as
4an intermediate care facility for persons with an intellectual
5disability may surrender the facility license and continue
6to operate under a federally approved medical assistance
7home and community-based services waiver for persons with an
8intellectual disability, if the department of health and human
9services has approved a plan submitted by the residential
10program.
11 Sec. 172. Section 135C.14, unnumbered paragraph 1, Code
122023, is amended to read as follows:
13The department shall, in accordance with chapter 17A and
14with the approval of the state board of council on health
15and human services, adopt and enforce rules setting minimum
16standards for health care facilities. In so doing, the
17department, with the approval of the state board of council
18on health and human services, may adopt by reference, with
19or without amendment, nationally recognized standards and
20rules, which shall be specified by title and edition, date
21of publication, or similar information. The rules and
22standards required by this section shall be formulated in
23consultation with the director of health and human services or
24the director’s designee, with the state fire marshal, and with
25affected industry, professional, and consumer groups, and shall
26be designed to further the accomplishment of the purposes of
27this chapter and shall relate to:
28 Sec. 173. Section 135C.16, subsection 3, Code 2023, is
29amended to read as follows:
303. An authorized representative of the department may
31enter any licensed health care facility without a warrant,
32and may examine all records pertaining to the care provided
33residents of the facility. An authorized representative of the
34department may contact or interview any resident, employee, or
35any other person who might have knowledge about the operation
-126-1of a health care facility. An authorized representative of the
2department of health and human services shall have the same
3right with respect to any facility where one or more residents
4are cared for entirely or partially at public expense, and an
5authorized representative of the designated protection and
6advocacy agency shall have the same right with respect to
7any facility where one or more residents have developmental
8disabilities or mental illnesses, and the state fire marshal
9or a deputy appointed pursuant to section 135C.9, subsection
101, paragraph “b”, shall have the same right of entry into any
11facility and the right to inspect any records pertinent to
12fire safety practices and conditions within that facility, and
13an authorized representative of the office of long-term care
14ombudsman shall have the same right with respect to any nursing
15facility or residential care facility. If any such authorized
16representative has probable cause to believe that any
17institution, building, or agency not licensed as a health care
18facility is in fact a health care facility as defined by this
19chapter, and upon producing identification that the individual
20is an authorized representative is denied entry thereto to
21the facility for the purpose of making an inspection, the
22authorized representative may, with the assistance of the
23county attorney of the county in which the purported health
24care facility is located, apply to the district court for an
25order requiring the owner or occupant to permit entry and
26inspection of the premises to determine whether there have been
27any violations of this chapter.
28 Sec. 174. Section 135C.17, Code 2023, is amended to read as
29follows:
30135C.17 Duties of other departments.
31It shall be the duty of the department of health and
32 human services, state fire marshal, office of long-term care
33ombudsman, and the officers and agents of other state and local
34governmental units, and the designated protection and advocacy
35agency to assist the department in carrying out the provisions
-127-1of this chapter, insofar as the functions of these respective
2offices and departments are concerned with the health, welfare,
3and safety of any resident of any health care facility. It
4shall be the duty of the department to cooperate with the
5protection and advocacy agency and the office of long-term
6care ombudsman by responding to all reasonable requests for
7assistance and information as required by federal law and this
8chapter.
9 Sec. 175. Section 135C.19, subsection 2, paragraph b, Code
102023, is amended to read as follows:
11b. A copy of each citation required to be posted by this
12subsection shall be sent by the department to the department
13of health and human services, to the designated protection
14and advocacy agency if the facility has one or more residents
15with developmental disabilities or mental illness, and to the
16office of long-term care ombudsman if the facility is a nursing
17facility or residential care facility.
18 Sec. 176. Section 135C.19, subsection 3, Code 2023, is
19amended to read as follows:
203. If the facility cited subsequently advises the
21department of health and human services that the violation
22has been corrected to the satisfaction of the department of
23inspections and appeals, the department of health and human
24services shall maintain this advisory in the same file with
25the copy of the citation. The department of health and human
26services shall not disseminate to the public any information
27regarding citations issued by the department of inspections and
28appeals, but shall forward or refer inquiries to the department
29of inspections and appeals.
30 Sec. 177. Section 135C.20A, subsection 2, Code 2023, is
31amended to read as follows:
322. The report card form shall be developed by the department
33in cooperation with representatives of the department on
34aging of health and human services, the state long-term care
35ombudsman, representatives of certified volunteer long-term
-128-1care ombudsmen, representatives of protection and advocacy
2entities, consumers, and other interested persons.
3 Sec. 178. Section 135C.22, Code 2023, is amended to read as
4follows:
5135C.22 Applicable to governmental units.
6The provisions of this chapter shall be applicable to
7institutions operated by or under the control of the department
8of health and human services, the state board of regents, or
9any other governmental unit.
10 Sec. 179. Section 135C.31A, Code 2023, is amended to read
11as follows:
12135C.31A Assessment of residents — program eligibility —
13prescription drug coverage.
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, in cooperation with the department
19of health and human services, shall adopt rules to administer
20this section, including a provision that ensures that if a
21resident is eligible for benefits through the United States
22department of veterans affairs or other third-party payor,
23the payor of last resort for reimbursement to the health care
24facility is the medical assistance program. The rules shall
25also require the health care facility to request information
26from a resident or resident’s personal representative regarding
27the resident’s veteran status and to report to the Iowa
28department of veterans affairs only the names of residents
29identified as potential veterans along with the names of their
30spouses and any dependents. Information reported by the
31health care facility shall be verified by the Iowa department
32of veterans affairs. This section shall not apply to the
33admission of an individual to a state mental health institute
34for acute psychiatric care or to the admission of an individual
35to the Iowa veterans home.
-129- 12. a. If a resident is identified, upon admission to a
2health care facility, as eligible for benefits through the
3United States department of veterans affairs pursuant to
4subsection 1 or through other means, the health care facility
5shall allow the resident to access any prescription drug
6benefit included in such benefits for which the resident is
7also eligible. The health care facility shall also assist the
8Iowa department of veterans affairs in identifying individuals
9residing in such health care facilities on July 1, 2009, who
10are eligible for the prescription drug benefit.
11b. The department of inspections and appeals, the department
12of veterans affairs, and the department of health and human
13services shall identify any barriers to residents in accessing
14such prescription drug benefits and shall assist health
15care facilities in adjusting their procedures for medication
16administration to comply with this subsection.
17 Sec. 180. Section 135C.33, Code 2023, is amended to read as
18follows:
19135C.33 Employees and certified nurse aide trainees — child
20or dependent adult abuse information and criminal record check
21options — evaluations — application to other providers —
22penalty.
231. a. For the purposes of this section, the term “crime”
24does not include offenses under chapter 321 classified as a
25simple misdemeanor or equivalent simple misdemeanor offenses
26from another jurisdiction.
27b. Prior to employment of a person in a facility or with a
28provider as specified in subsection 5, the facility or provider
29shall do one of the following:
30(1) Request that the department of public safety perform a
31criminal history check and the record check evaluation system
32of the department of health and human services perform child
33and dependent adult abuse record checks of the person in this
34state.
35(2) Access the single contact repository to perform the
-130-1required record checks.
2c. (1) If a facility or a provider as specified in
3subsection 5 accesses the single contact repository to perform
4the required record checks pursuant to paragraph “b”, the
5facility or provider may utilize a third-party vendor to
6perform a comprehensive preliminary background check and
7provisionally employ a person being considered for employment
8pending completion of the required record checks through
9the single contact repository and the evaluation by the
10department of human services record check evaluation system, as
11applicable, subject to all of the following:
12(a) If the comprehensive preliminary background check
13determines that the person being considered for employment has
14been convicted of a crime, but the crime does not constitute a
15felony as defined in section 701.7 and is not a crime specified
16pursuant to chapter 708, 708A, 709, 709A, 710, 710A, 711, or
17712, or pursuant to section 726.3, 726.27, or 726.28.
18(b) If the comprehensive preliminary background check
19determines the person being considered for employment does not
20have a record of founded child abuse or dependent adult abuse
21or if an exception pursuant to subsection 4 is applicable to
22the person.
23(c) If the facility or provider has requested an evaluation
24in accordance with subsection 2, paragraph “a”, to determine
25whether the crime warrants prohibition of the person’s
26employment in the facility or with the provider.
27(2) The provisional employment under this paragraph “c”
28may continue until such time as the required record checks
29through the single contact repository and the evaluation by the
30department of human services record check evaluation system,
31as applicable, are completed.
32d. A facility or provider shall inform all persons prior
33to employment regarding the performance of the record checks
34and shall obtain, from the persons, a signed acknowledgment of
35the receipt of the information. A facility or provider shall
-131-1include the following inquiry in an application for employment:
2Do you have a record of founded child or dependent adult abuse
3or have you ever been convicted of a crime other than a simple
4misdemeanor offense relating to motor vehicles and laws of the
5road under chapter 321 or equivalent provisions, in this state
6or any other state?
72. a. If it is determined that a person being considered
8for employment in a facility or with a provider has been
9convicted of a crime under a law of any state, the department
10of public safety shall notify the facility or provider that
11upon the request of the facility or provider the department of
12human services record check evaluation system will perform an
13evaluation to determine whether the crime warrants prohibition
14of the person’s employment in the facility or with the
15provider.
16b. (1) If a person being considered for employment, other
17than employment involving the operation of a motor vehicle, has
18been convicted of a crime listed in subparagraph (2) but does
19not have a record of founded child or dependent adult abuse
20and the facility or provider has requested an evaluation in
21accordance with paragraph “a” to determine whether the crime
22warrants prohibition of the person’s employment, the facility
23or provider may employ the person for not more than sixty
24calendar days pending completion of the evaluation.
25(2) Subparagraph (1) applies to a crime that is a simple
26misdemeanor offense under section 123.47, and to a crime
27that is a first offense of operating a motor vehicle while
28intoxicated under section 321J.2, subsection 1.
29c. If a department of human services record check evaluation
30system child or dependent adult abuse record check shows
31that such person has a record of founded child or dependent
32adult abuse, the department of human services record check
33evaluation system shall notify the facility or provider that
34upon the request of the facility or provider the department of
35human services record check evaluation system will perform an
-132-1evaluation to determine whether the founded child or dependent
2adult abuse warrants prohibition of employment in the facility
3or with the provider.
4d. An evaluation performed under this subsection shall
5be performed in accordance with procedures adopted for this
6purpose by the department of health and human services.
7e. (1) If a person owns or operates more than one facility
8or a provider owns or operates more than one location, and
9an employee of one of such facilities or provider locations
10is transferred to another such facility or provider location
11without a lapse in employment, the facility or provider is not
12required to request additional criminal and child and dependent
13adult abuse record checks of that employee.
14(2) If the ownership of a facility or provider is
15transferred, at the time of transfer the record checks required
16by this section shall be performed for each employee for whom
17there is no documentation that such record checks have been
18performed. The facility or provider may continue to employ
19such employee pending the performance of the record checks and
20any 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
-133-1person’s employment is warranted.
24. a. Except as provided in subsection 1, paragraph “c”,
3subsection 2, and paragraph “b” of this subsection, a person
4who has committed a crime or has a record of founded child or
5dependent adult abuse shall not be employed in a facility or
6with a provider unless an evaluation has been performed by the
7department of human services record check evaluation system.
8b. A person with a criminal or abuse record who is or was
9employed by a facility or provider and is hired by another
10facility or provider shall be subject to the criminal history
11and abuse record checks required pursuant to subsection 1.
12However, if an evaluation was previously performed by the
13department of human services record check evaluation system
14 concerning the person’s criminal or abuse record and it was
15determined that the record did not warrant prohibition of
16the person’s employment and the latest record checks do not
17indicate a crime was committed or founded abuse record was
18entered subsequent to that evaluation, the person may commence
19employment with the other facility or provider in accordance
20with the department of human services’ record check evaluation
21system’s evaluation and an exemption from the requirements in
22paragraph “a” for reevaluation of the latest record checks
23is authorized. Otherwise, the requirements of paragraph “a”
24remain applicable to the person’s employment. Authorization
25of an exemption under this paragraph “b” from requirements for
26reevaluation of the latest record checks by the department of
27human services record check evaluation system is subject to all
28of the following provisions:
29(1) The position with the subsequent employer is
30substantially the same or has the same job responsibilities as
31the position for which the previous evaluation was performed.
32(2) Any restrictions placed on the person’s employment in
33the previous evaluation by the department of human services
34 record check evaluation system shall remain applicable in the
35person’s subsequent employment.
-134- 1(3) The person subject to the record checks has maintained a
2copy of the previous evaluation and provides the evaluation to
3the subsequent employer or the previous employer provides the
4previous evaluation from the person’s personnel file pursuant
5to the person’s authorization. If a physical copy of the
6previous evaluation is not provided to the subsequent employer,
7the record checks shall be reevaluated.
8(4) Although an exemption under this paragraph “b” may
9be authorized, the subsequent employer may instead request a
10reevaluation of the record checks and may employ the person
11while the reevaluation is being performed.
125. a. This section shall also apply to prospective
13employees of all of the following, if the provider is regulated
14by the state or receives any state or federal funding:
15(1) An employee of a homemaker-home health aide, home care
16aide, adult day services, or other provider of in-home services
17if the employee provides direct services to consumers.
18(2) An employee of a hospice, if the employee provides
19direct services to consumers.
20(3) An employee who provides direct services to consumers
21under a federal home and community-based services waiver.
22(4) An employee of an elder group home certified under
23chapter 231B, if the employee provides direct services to
24consumers.
25(5) An employee of an assisted living program certified
26under chapter 231C, if the employee provides direct services
27to consumers.
28b. In substantial conformance with the provisions of this
29section, including the provision authorizing provisional
30employment following completion of a comprehensive preliminary
31background check, prior to the employment of such an employee,
32the provider shall request the performance of the criminal
33and child and dependent adult abuse record checks. The
34provider shall inform the prospective employee and obtain the
35prospective employee’s signed acknowledgment. The department
-135-1of human services record check evaluation system shall perform
2the evaluation of any criminal record or founded child or
3dependent adult abuse record and shall make the determination
4of whether a prospective employee of a provider shall not be
5employed by the provider.
66. a. This section shall also apply to an employee of
7a temporary staffing agency that provides staffing for a
8facility, service, program, or other provider regulated by this
9section if the employee provides direct services to consumers.
10b. In substantial conformance with the provisions of this
11section, including the provision authorizing provisional
12employment following completion of a comprehensive preliminary
13background check, prior to the employment of such an employee,
14the temporary staffing agency shall request the performance of
15the criminal and child and dependent adult abuse record checks.
16The temporary staffing agency shall inform the prospective
17employee and obtain the prospective employee’s signed
18acknowledgment. The department of human services record check
19evaluation system shall perform the evaluation of any criminal
20record or founded child or dependent adult abuse record
21and shall make the determination of whether a prospective
22employee of a temporary staffing agency shall not be employed
23by the assisted living program as defined in section 231C.2,
24the Medicare certified home health agency, or the facility,
25service, program, or other provider regulated by this section.
26c. If a person employed by a temporary staffing agency that
27is subject to this section is convicted of a crime or has a
28record of founded child or dependent adult abuse entered in the
29abuse registry after the person’s employment application date,
30the person shall inform the temporary staffing agency within
31forty-eight hours and the temporary staffing agency shall
32inform the facility, service, program, or other provider within
33two hours.
34d. If a temporary staffing agency fails to comply with the
35requirements of this section, the temporary staffing agency
-136-1shall be liable to the facility, service, program, or other
2provider for any actual damages, including civil penalties, and
3reasonable attorney fees.
4e. This section shall not apply to employees employed by a
5temporary staffing agency for a position that does not provide
6direct services to consumers.
77. a. The department of inspections and appeals, in
8conjunction with other departments and agencies of state
9government involved with criminal history and abuse registry
10information, shall establish a single contact repository for
11facilities and other providers to have electronic access to
12data to perform background checks for purposes of employment,
13as required of the facilities and other providers under this
14section.
15b. The department may access the single contact repository
16for any of the following purposes:
17(1) To verify data transferred from the department’s nurse
18aide registry to the repository.
19(2) To conduct record checks of applicants for employment
20with the department.
218. a. If a person employed by a facility, service, or
22program employer that is subject to this section is convicted
23of a crime or has a record of founded child or dependent
24adult abuse entered in the abuse registry after the person’s
25employment application date, the person shall inform the
26employer of such information within forty-eight hours of the
27criminal conviction or entry of the record of founded child or
28dependent adult abuse. The employer shall act to verify the
29information within seven calendar days of notification. If
30the information is verified, the requirements of subsections
312, 3, and 4 regarding employability and evaluations shall
32be applied by the employer to determine whether or not the
33person’s employment is continued. The employer may continue to
34employ the person pending the performance of an evaluation by
35the department of human services record check evaluation system
-137-1 to determine whether prohibition of the person’s employment
2is warranted. A person who is required by this subsection to
3inform the person’s employer of a conviction or entry of an
4abuse record and fails to do so within the required period
5commits a serious misdemeanor.
6b. If a facility, service, or program employer receives
7credible information, as determined by the employer, that a
8person employed by the employer has been convicted of a crime
9or a record of founded child or dependent adult abuse has been
10entered in the abuse registry after employment from a person
11other than the employee and the employee has not informed
12the employer of such information within the period required
13under paragraph “a”, the employer shall act to verify the
14credible information within seven calendar days of receipt of
15the credible information. If the information is verified, the
16requirements of subsections 2, 3, and 4 regarding employability
17and evaluations shall be applied to determine whether or not
18the person’s employment is continued.
19c. The employer may notify the county attorney for the
20county where the employer is located of any violation or
21failure by an employee to notify the employer of a criminal
22conviction or entry of an abuse record within the period
23required under paragraph “a”.
249. a. For the purposes of this subsection, unless the
25context otherwise requires:
26(1) “Certified nurse aide training program” means a program
27approved in accordance with the rules for such programs adopted
28by the department of health and human services for the training
29of persons seeking to be a certified nurse aide for employment
30in any of the facilities or programs this section applies to or
31in a hospital, as defined in section 135B.1.
32(2) “Student” means a person applying for, enrolled in, or
33returning to a certified nurse aide training program.
34b. (1) Prior to a student beginning or returning to a
35certified nurse aide training program, the program shall do one
-138-1of the following:
2(a) Request that the department of public safety perform
3a criminal history check and the department of human services
4 record check evaluation system perform child and dependent
5adult abuse record checks, in this state, of the student.
6(b) Access the single contact repository to perform the
7required record checks.
8(2) If a program accesses the single contact repository to
9perform the required record checks pursuant to subparagraph
10(1), the program may utilize a third-party vendor to perform a
11comprehensive preliminary background check to allow a person
12to provisionally participate in the clinical component of the
13certified nurse aide training program pending completion of the
14required record checks through the single contact repository
15and the evaluation by the department of human services record
16check evaluation system, as applicable, subject to all of the
17following:
18(a) If the comprehensive preliminary background check
19determines that the person being considered for provisional
20participation has been convicted of a crime but the crime does
21not constitute a felony as defined in section 701.7 and is not
22a crime specified pursuant to chapter 708, 708A, 709, 709A,
23710, 710A, 711, or 712, or pursuant to section 726.3, 726.27,
24or 726.28.
25(b) If the comprehensive preliminary background check
26determines the person being considered for provisional
27participation does not have a record of founded child abuse or
28dependent adult abuse or if an exception pursuant to subsection
294 is applicable to the person.
30(c) If the program has requested an evaluation in accordance
31with subsection 2, paragraph “a”, to determine whether the crime
32warrants prohibition of the person’s provisional participation.
33(d) The provisional participation under this subparagraph
34(2) may continue until such time as the required record checks
35through the single contact repository and the evaluation by the
-139-1department of human services record check evaluation system,
2as applicable, are completed.
3c. If a student has a criminal record or a record of
4founded child or dependent adult abuse, the student shall
5not be involved in a clinical education component of the
6certified nurse aide training program involving children or
7dependent adults unless an evaluation has been performed by the
8department of human services record check evaluation system.
9Upon request of the certified nurse aide training program, the
10department of human services record check evaluation system
11 shall perform an evaluation to determine whether the record
12warrants prohibition of the student’s involvement in a clinical
13education component of the certified nurse aide training
14program involving children or dependent adults. The evaluation
15shall be performed in accordance with the criteria specified in
16subsection 3, and the department of human services record check
17evaluation system shall report the results of the evaluation
18to the certified nurse aide training program. The department
19of human services record check evaluation system has final
20authority in determining whether prohibition of the student’s
21involvement in the clinical education component is warranted.
22d. (1) If a student’s clinical education component of the
23training program involves children or dependent adults but
24does not involve operation of a motor vehicle, and the student
25has been convicted of a crime listed in subparagraph (2), but
26does not have a record of founded child or dependent adult
27abuse, and the training program has requested an evaluation in
28accordance with paragraph “c” to determine whether the crime
29warrants prohibition of the student’s involvement in such
30clinical education component, the training program may allow
31the student’s participation in the component for not more than
32sixty days pending completion of the evaluation.
33(2) Subparagraph (1) applies to a crime that is a simple
34misdemeanor offense under section 123.47, and to a crime
35that is a first offense of operating a motor vehicle while
-140-1intoxicated under section 321J.2, subsection 1.
2e. (1) If a student is convicted of a crime or has a
3record of founded child or dependent adult abuse entered in the
4abuse registry after the record checks and any evaluation have
5been performed, the student shall inform the certified nurse
6aide training program of such information within forty-eight
7hours of the criminal conviction or entry of the record of
8founded child or dependent adult abuse. The program shall
9act to verify the information within seven calendar days of
10notification. If the information is verified, the requirements
11of paragraph “c” shall be applied by the program to determine
12whether or not the student’s involvement in a clinical
13education component may continue. The program may allow
14the student involvement to continue pending the performance
15of an evaluation by the department of human services record
16check evaluation system. A student who is required by this
17subparagraph to inform the program of a conviction or entry of
18an abuse record and fails to do so within the required period
19commits a serious misdemeanor.
20(2) If a program receives credible information, as
21determined by the program, that a student has been convicted
22of a crime or a record of founded child or dependent adult
23abuse has been entered in the abuse registry after the record
24checks and any evaluation have been performed, from a person
25other than the student and the student has not informed the
26program of such information within the period required under
27subparagraph (1), the program shall act to verify the credible
28information within seven calendar days of receipt of the
29credible information. If the information is verified, the
30requirements of paragraph “c” shall be applied to determine
31whether or not the student’s involvement in a clinical
32education component may continue.
33(3) The program may notify the county attorney for the
34county where the program is located of any violation or failure
35by a student to notify the program of a criminal conviction
-141-1or entry of an abuse record within the period required under
2subparagraph (1).
3f. If a certified nurse aide training program is conducted
4by a health care facility and a student of that program
5subsequently accepts and begins employment with the facility
6within thirty days of completing the program, the criminal
7history and abuse registry checks of the student performed
8pursuant to this subsection shall be deemed to fulfill the
9requirements for such checks prior to employment pursuant to
10subsection 1.
11 Sec. 181. Section 135D.2, subsections 3 and 13, Code 2023,
12are amended to read as follows:
133. “Department” means the department of public health and
14human services.
1513. “Iowa Medicaid enterprise program” means the centralized
16 medical assistance program infrastructure, based on a business
17enterprise model, and designed to foster collaboration among
18all program stakeholders by focusing on quality, integrity, and
19consistency as defined in section 249A.2.
20 Sec. 182. Section 135D.6, subsection 2, Code 2023, is
21amended to read as follows:
222. A single industry shall not be disproportionately
23represented as voting members of the board. The board shall
24include at least one member who is a consumer of health
25services and a majority of the voting members of the board
26shall be representative of participants in the Iowa health
27information network. The director of public health and human
28services or the director’s designee and the director of the
29Iowa Medicaid enterprise program or the director’s designee
30shall act as voting members of the board. The commissioner
31of insurance shall act as an ex officio, nonvoting member of
32the board. Individuals serving in an ex officio, nonvoting
33capacity shall not be included in the total number of
34individuals authorized as members of the board.
35 Sec. 183. Section 135D.6, subsection 3, paragraph f, Code
-142-12023, is amended to read as follows:
2f. Provide an annual budget and fiscal report for the Iowa
3health information network to the governor, the department of
4public health and human services, the department of management,
5the chairs and ranking members of the legislative government
6oversight standing committees, and the legislative services
7agency. The report shall also include information about the
8services provided through the network and information on the
9participant usage of the network.
10 Sec. 184. Section 135G.10, Code 2023, is amended to read as
11follows:
12135G.10 Rules.
131. The department of inspections and appeals and the
14department of health and human services shall collaborate
15in establishing standards for licensing of subacute care
16facilities to achieve all of the following objectives:
17a. Subacute mental health services are provided based on
18sound, proven clinical practice.
19b. Subacute mental health services are established in a
20manner that allows the services to be included in the federal
21medical assistance state plan.
222. It is the intent of the general assembly that subacute
23mental health services be included in the Medicaid state
24plan adopted for the implementation of the federal Patient
25Protection and Affordable Care Act, benchmark plan.
263. The department of inspections and appeals, in
27consultation with the department of health and human services
28and affected professional groups, shall adopt and enforce rules
29setting out the standards for a subacute care facility and the
30rights of the residents admitted to a subacute care facility.
31The department of inspections and appeals and the department
32of health and human services shall coordinate the adoption of
33rules and the enforcement of the rules in order to prevent
34duplication of effort by the departments and of requirements of
35the licensee.
-143-1 Sec. 185. Section 135G.11, subsection 2, Code 2023, is
2amended to read as follows:
32. Upon receipt of a complaint made in accordance with
4subsection 1, the department shall make a preliminary review
5of the complaint. Unless the department concludes that the
6complaint is intended to harass a subacute care facility or
7a licensee or is without reasonable basis, it shall within
8twenty working days of receipt of the complaint make or cause
9to be made an on-site inspection of the subacute care facility
10which is the subject of the complaint. The department of
11inspections and appeals may refer to the department of health
12and human services any complaint received by the department
13of inspections and appeals if the complaint applies to rules
14adopted by the department of health and human services. The
15complainant shall also be notified of the name, address, and
16telephone number of the designated protection and advocacy
17agency if the alleged violation involves a facility with one
18or more residents with a developmental disability or mental
19illness. In any case, the complainant shall be promptly
20informed of the result of any action taken by the department
21in the matter.
22 Sec. 186. Section 135H.4, Code 2023, is amended to read as
23follows:
24135H.4 Licensure.
25A person shall not establish, operate, or maintain a
26psychiatric medical institution for children unless the person
27obtains a license for the institution under this chapter and
28either holds a license under section 237.3, subsection 2,
29paragraph “a”, as a comprehensive residential facility for
30children or holds a license under section 125.13, if the
31facility provides substance abuse use disorder treatment.
32 Sec. 187. Section 135H.6, subsection 1, paragraph e, Code
332023, is amended to read as follows:
34e. The department of health and human services has submitted
35written approval of the application based on the department
-144-1of health and human services’ determination of need. The
2department of health and human services shall identify the
3location and number of children in the state who require the
4services of a psychiatric medical institution for children.
5Approval of an application shall be based upon the location
6of the proposed psychiatric institution relative to the need
7for services identified by the department of health and human
8services and an analysis of the applicant’s ability to provide
9services and support consistent with requirements under chapter
10232, particularly regarding community-based treatment. If
11the proposed psychiatric institution is not freestanding from
12a facility licensed under chapter 135B or 135C, approval
13under this paragraph shall not be given unless the department
14of health and human services certifies that the proposed
15psychiatric institution is capable of providing a resident with
16a living environment similar to the living environment provided
17by a licensee which is freestanding from a facility licensed
18under chapter 135B or 135C.
19 Sec. 188. Section 135H.6, subsections 2, 3, 4, and 5, Code
202023, are amended to read as follows:
212. The department of health and human services shall
22not give approval to an application which would cause the
23total number of beds licensed under this chapter for services
24reimbursed by the medical assistance program under chapter 249A
25to exceed four hundred thirty beds.
263. In addition to the beds authorized under subsection
272, the department of health and human services may establish
28not more than thirty beds licensed under this chapter at the
29state mental health institute at Independence. The beds shall
30be exempt from the certificate of need requirement under
31subsection 1, paragraph “d”.
324. The department of health and human services may give
33approval to conversion of beds approved under subsection 2,
34to beds which are specialized to provide substance abuse
35 use disorder treatment. However, the total number of beds
-145-1approved under subsection 2 and this subsection shall not
2exceed four hundred thirty. Conversion of beds under this
3subsection shall not require a revision of the certificate
4of need issued for the psychiatric institution making the
5conversion. Beds for children who do not reside in this state
6and whose service costs are not paid by public funds in this
7state are not subject to the limitations on the number of beds
8and certificate of need requirements otherwise applicable under
9this section.
105. A psychiatric institution licensed prior to July 1, 1999,
11may exceed the number of beds authorized under subsection 2
12if the excess beds are used to provide services funded from a
13source other than the medical assistance program under chapter
14249A. Notwithstanding subsection 1, paragraphs “d” and “e”,
15and subsection 2, the provision of services using those excess
16beds does not require a certificate of need or a review by the
17department of health and human services.
18 Sec. 189. Section 135H.7, Code 2023, is amended to read as
19follows:
20135H.7 Personnel.
211. A person shall not be allowed to provide services in a
22psychiatric institution if the person has a disease which is
23transmissible to other persons through required contact in the
24workplace, which presents a significant risk of infecting other
25persons, which presents a substantial possibility of harming
26other persons, or for which no reasonable accommodation can
27eliminate the risk of infecting other persons.
282. a. If a person is being considered for licensure under
29this chapter, or for employment involving direct responsibility
30for a child or with access to a child when the child is alone,
31by a licensed psychiatric institution, or if a person will
32reside in a facility utilized by a licensee, and if the person
33has been convicted of a crime or has a record of founded child
34abuse, the department of human services record check evaluation
35system and the licensee, for an employee of the licensee, shall
-146-1perform an evaluation to determine whether the crime or founded
2child abuse warrants prohibition of licensure, employment, or
3residence in the facility. The record check evaluation system
4of the department of health and human services shall conduct
5criminal and child abuse record checks in this state and may
6conduct these checks in other states. The evaluation shall
7be performed in accordance with procedures adopted for this
8purpose by the department of health and human services.
9b. If the department of human services record check
10evaluation system determines that a person has committed a
11crime or has a record of founded child abuse and is licensed,
12employed by a psychiatric institution licensed under this
13chapter, or resides in a licensed facility, the department
14 record check evaluation system shall notify the program
15that an evaluation will be conducted to determine whether
16prohibition of the person’s licensure, employment, or residence
17is warranted.
18c. In an evaluation, the department of human services
19 record check evaluation system and the licensee for an employee
20of the licensee shall consider the nature and seriousness of
21the crime or founded child abuse in relation to the position
22sought or held, the time elapsed since the commission of the
23crime or founded child abuse, the circumstances under which
24the crime or founded child abuse was committed, the degree of
25rehabilitation, the likelihood that the person will commit the
26crime or founded child abuse again, and the number of crimes
27or founded child abuses committed by the person involved.
28The department record check evaluation system may permit a
29person who is evaluated to be licensed, employed, or to reside,
30or to continue to be licensed, employed, or to reside in a
31licensed facility, if the person complies with the department’s
32 record check evaluation system’s conditions relating to the
33person’s licensure, employment, or residence, which may include
34completion of additional training. For an employee of a
35licensee, these conditional requirements shall be developed
-147-1with the licensee. The department of human services record
2check evaluation system has final authority in determining
3whether prohibition of the person’s licensure, employment,
4or residence is warranted and in developing any conditional
5requirements under this paragraph.
63. If the department of human services record check
7evaluation system determines that the person has committed a
8crime or has a record of founded child abuse which warrants
9prohibition of licensure, employment, or residence, the
10person shall not be licensed under this chapter to operate
11a psychiatric institution and shall not be employed by a
12psychiatric institution or reside in a facility licensed under
13this chapter.
144. In addition to the record checks required under
15subsection 2, the department of human services record check
16evaluation system may conduct dependent adult abuse record
17checks in this state and may conduct these checks in other
18states, on a random basis. The provisions of subsections 2 and
193, relative to an evaluation following a determination that a
20person has been convicted of a crime or has a record of founded
21child abuse, shall also apply to a random dependent adult abuse
22record check conducted under this subsection.
235. Beginning July 1, 1994, a A licensee shall inform all new
24applicants for employment of the possibility of the performance
25of a record check and shall obtain, from the applicant, a
26signed acknowledgment of the receipt of the information.
276. On or after July 1, 1994, a A licensee shall include the
28following inquiry in an application for employment:
29Do you have a record of founded child or dependent adult abuse
30or have you ever been convicted of a crime, in this state or any
31other state?
32 Sec. 190. Section 135H.10, Code 2023, is amended to read as
33follows:
34135H.10 Rules.
351. The department of inspections and appeals, in
-148-1consultation with the department of health and human services
2and affected professional groups, shall adopt and enforce rules
3setting out the standards for a psychiatric medical institution
4for children and the rights of the residents admitted to
5a psychiatric institution. The department of inspections
6and appeals and the department of health and human services
7shall coordinate the adoption of rules and the enforcement of
8the rules in order to prevent duplication of effort by the
9departments and of requirements of the licensee.
102. This chapter shall not be construed as prohibiting the
11use of funds appropriated for foster care to provide payment
12to a psychiatric medical institution for children for the
13financial participation required of a child whose foster care
14placement is in a psychiatric medical institution for children.
15In accordance with established policies and procedures for
16foster care, the department of health and human services shall
17act to recover any such payment for financial participation,
18apply to be named payee for the child’s unearned income, and
19recommend parental liability for the costs of a court-ordered
20foster care placement in a psychiatric medical institution.
21 Sec. 191. Section 135H.12, subsection 1, Code 2023, is
22amended to read as follows:
231. Upon receipt of a complaint made in accordance with
24section 135H.11, the department shall make a preliminary review
25of the complaint. Unless the department concludes that the
26complaint is intended to harass a psychiatric institution 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 psychiatric institution
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
33if the complaint applies to rules adopted by the department
34of health and human services. The complainant shall also
35be notified of the name, address, and telephone number of
-149-1the designated protection and advocacy agency if the alleged
2violation involves a facility with one or more residents with
3developmental disabilities or mental illness. In any case, the
4complainant shall be promptly informed of the result of any
5action taken by the department in the matter.
6 Sec. 192. Section 135J.7, Code 2023, is amended to read as
7follows:
8135J.7 Rules.
9Except as otherwise provided in this chapter, the department
10shall adopt rules pursuant to chapter 17A necessary to
11implement this chapter, subject to approval of the state board
12of council on health and human services. Formulation of the
13rules shall include consultation with Iowa hospice organization
14representatives and other persons affected by this chapter.
15 Sec. 193. Section 135L.1, subsection 3, Code 2023, is
16amended to read as follows:
173. “Child-placing agency” means any agency, public,
18semipublic, or private, which represents itself as placing
19children, receiving children for placement, or actually
20engaging in placement of children and includes the department
21of health and human services.
22 Sec. 194. Section 135L.2, subsection 1, paragraph b,
23subparagraph (1), Code 2023, is amended to read as follows:
24(1) Information regarding the options described in the
25video including information regarding the agencies and programs
26available to provide assistance to the pregnant minor in
27parenting a child; information relating to adoption including
28but not limited to information regarding child-placing
29agencies; and information regarding abortion including but not
30limited to the legal requirements relative to the performance
31of an abortion on a pregnant minor. The information provided
32shall include information explaining that if a pregnant
33minor decides to continue the pregnancy to term and to retain
34parental rights, the father of the child is liable for the
35support of the child and that if the pregnant minor seeks
-150-1public assistance on behalf of the child, the pregnant minor
2shall, and if the pregnant minor is not otherwise eligible as
3a public assistance recipient, the pregnant minor may, seek
4the assistance of the child support recovery unit services in
5establishing the paternity of the child, and in seeking support
6payments for a reasonable amount of the costs associated with
7the pregnancy, medical support, and maintenance from the father
8of the child, or if the father is a minor, from the parents of
9the minor father. The information shall include a listing of
10the agencies and programs and the services available from each.
11 Sec. 195. Section 135L.2, subsection 2, paragraph a, Code
122023, is amended to read as follows:
13a. The video shall be available through the state and local
14offices of the Iowa department of public health, the department
15of health and human services, and the judicial branch and
16through the office of each licensed physician who performs
17abortions.
18 Sec. 196. Section 135L.3, subsection 3, paragraph m,
19subparagraph (4), Code 2023, is amended to read as follows:
20(4) The pregnant minor declares that the pregnant minor
21is a victim of child abuse pursuant to section 232.68, the
22person responsible for the care of the child is a parent of
23the child, and either the abuse has been reported pursuant to
24the procedures prescribed in chapter 232, subchapter III, part
252, or a parent of the child is named in a report of founded
26child abuse. The department of health and human services
27shall maintain confidentiality under chapter 232 and shall not
28release any information in response to a request for public
29records, discovery procedures, subpoena, or any other means,
30unless the release of information is expressly authorized by
31the pregnant minor regarding the pregnant minor’s pregnancy and
32abortion, if the abortion is obtained. A person who knowingly
33violates the confidentiality provisions of this subparagraph is
34guilty of a serious misdemeanor.
35 Sec. 197. Section 135L.8, Code 2023, is amended to read as
-151-1follows:
2135L.8 Adoption of rules — implementation and documents.
3The Iowa department of public health and human services
4 shall adopt rules to implement the notification procedures
5pursuant to this chapter including but not limited to rules
6regarding the documents necessary for notification of a parent
7or grandparent of a pregnant minor who is designated to receive
8notification under this chapter.
9 Sec. 198. Section 135M.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. 199. Section 136A.1, Code 2023, is amended to read as
14follows:
15136A.1 Purpose.
16To reduce and avoid adverse health conditions of inhabitants
17of the state, the Iowa department of public health shall
18initiate, conduct, and supervise screening and health care
19programs in order to detect and predict congenital or inherited
20disorders. The department shall assist in the translation and
21integration of genetic and genomic advances into public health
22services to improve health outcomes throughout the life span of
23the inhabitants of the state.
24 Sec. 200. Section 136A.2, subsection 4, Code 2023, is
25amended to read as follows:
264. “Department” means the Iowa department of public health
27and human services.
28 Sec. 201. Section 136A.3, Code 2023, is amended to read as
29follows:
30136A.3 Establishment of center for congenital Congenital and
31inherited disorders — department duties.
32A center for congenital and inherited disorders is
33established within the department. The center department shall
34do all of the following:
351. Initiate, conduct, and supervise statewide screening
-152-1programs for congenital and inherited disorders amenable to
2population screening.
32. Initiate, conduct, and supervise statewide health care
4programs to aid in the early detection, treatment, prevention,
5education, and provision of supportive care related to
6congenital and inherited disorders.
73. Develop specifications for and designate a central
8laboratory in which tests conducted pursuant to the screening
9programs provided for in subsection 1 will be performed.
104. Gather, evaluate, and maintain information related
11to causes, severity, prevention, and methods of treatment
12for congenital and inherited disorders in conjunction with
13a central registry, screening programs, genetic health care
14programs, and ongoing scientific investigations and surveys.
155. Perform surveillance and monitoring of congenital and
16inherited disorders to determine the occurrence and trends of
17the disorders, to conduct thorough and complete epidemiological
18surveys, to assist in the planning for and provision of
19services to children with congenital and inherited disorders
20and their families, and to identify environmental and genetic
21risk factors for congenital and inherited disorders.
226. Provide information related to severity, causes,
23prevention, and methods of treatment for congenital and
24inherited disorders to the public, medical and scientific
25communities, and health science disciplines.
267. Implement public education programs, continuing
27education programs for health practitioners, and education
28programs for trainees of the health science disciplines related
29to genetics, congenital disorders, and inheritable disorders.
308. Participate in policy development to assure the
31appropriate use and confidentiality of genetic information and
32technologies to improve health and prevent disease.
339. Collaborate with state and local health agencies and
34other public and private organizations to provide education,
35intervention, and treatment for congenital and inherited
-153-1disorders and to integrate genetics and genomics advances into
2public health activities and policies.
3 Sec. 202. Section 136A.3A, subsections 1 and 3, Code 2023,
4are amended to read as follows:
51. A congenital and inherited disorders advisory committee
6is established to assist the center for congenital and
7inherited disorders and the department in the development of
8programs that ensure the availability and access to quality
9genetic and genomic health care services for all Iowans.
103. The advisory committee shall assist the center for
11congenital and inherited disorders and the department in
12designating the conditions to be included in the newborn
13screening and in regularly evaluating the effectiveness and
14appropriateness of the newborn screening.
15 Sec. 203. Section 136A.4, Code 2023, is amended to read as
16follows:
17136A.4 Genetic health services.
18The center department may initiate, conduct, and supervise
19genetic health services for the inhabitants of the state,
20including the provision of regional genetic consultation
21clinics, comprehensive neuromuscular health care outreach
22clinics, and other outreach services and clinics as established
23by rule.
24 Sec. 204. Section 136A.5B, subsection 1, unnumbered
25paragraph 1, Code 2023, is amended to read as follows:
26In accordance with the duties prescribed in section 136A.3,
27the center for congenital and inherited disorders department
28 shall collaborate with state and local health agencies
29and other public and private organizations to develop and
30publish or approve and publish informational materials to
31educate and raise awareness of cytomegalovirus and congenital
32cytomegalovirus among women who may become pregnant, expectant
33parents, parents of infants, attending health care providers,
34and others, as appropriate. The materials shall include
35information regarding all of the following:
-154-1 Sec. 205. Section 136A.5B, subsection 2, Code 2023, is
2amended to read as follows:
32. An attending health care provider shall provide to a
4pregnant woman during the first trimester of the pregnancy the
5informational materials published under this section. The
6center for congenital and inherited disorders department shall
7make the informational materials available to attending health
8care providers upon request.
9 Sec. 206. Section 136A.6, Code 2023, is amended to read as
10follows:
11136A.6 Central registry.
12The center for congenital and inherited disorders department
13 shall maintain a central registry, or shall establish an
14agreement with a designated contractor to maintain a central
15registry, to compile, evaluate, retain, and disseminate
16information on the occurrence, prevalence, causes, treatment,
17and prevention of congenital disorders. Congenital disorders
18shall be considered reportable conditions in accordance with
19rules adopted by the department and shall be abstracted and
20maintained by the registry.
21 Sec. 207. Section 136A.7, Code 2023, is amended to read as
22follows:
23136A.7 Confidentiality.
24The center for congenital and inherited disorders and
25the department shall maintain the confidentiality of any
26identifying information collected, used, or maintained pursuant
27to this chapter in accordance with section 22.7, subsection 2.
28 Sec. 208. Section 136A.8, Code 2023, is amended to read as
29follows:
30136A.8 Rules.
31The center for congenital and inherited disorders, with
32assistance provided by the Iowa department of public health,
33 shall adopt rules pursuant to chapter 17A to administer this
34chapter.
35 Sec. 209. Section 136B.1, subsection 1, Code 2023, is
-155-1amended to read as follows:
21. As used in this chapter, unless the context otherwise
3requires, “department” means the Iowa department of public
4 health and human services.
5 Sec. 210. Section 136C.1, subsections 2 and 3, Code 2023,
6are amended to read as follows:
72. “Department” means the Iowa department of public health
8and human services.
93. “Director” means the director of public health and human
10services or the director’s designee.
11 Sec. 211. Section 136C.3, subsection 2, Code 2023, is
12amended to read as follows:
132. Establish minimum training standards including
14continuing education requirements, and administer examinations
15and disciplinary procedures for operators of radiation machines
16and users of radioactive materials. A state of Iowa license
17to practice medicine, osteopathic medicine, chiropractic,
18podiatry, dentistry, dental hygiene, or veterinary medicine, or
19licensure as a physician assistant pursuant to chapter 148C, or
20certification by the dental board in dental radiography, or by
21the board of podiatry in podiatric radiography, or enrollment
22in a program or course of study approved by the Iowa department
23of public health which includes the application of radiation to
24humans satisfies the minimum training standards for operation
25of radiation machines only.
26 Sec. 212. Section 137.102, Code 2023, is amended to read as
27follows:
28137.102 Definitions.
29As used in this chapter unless the context otherwise
30requires:
311. “City board” means a city board of health in existence
32prior to July 1, 2010.
332. “City health department” refers to the personnel and
34property under the jurisdiction of a city board in existence
35prior to July 1, 2010.
-156- 13. “Council” means a city the council on health and human
2services.
34. “County board” means a county board of health.
45. “County health department” refers to the personnel and
5property under the jurisdiction of a county board.
66. “Director” means the director of public health and human
7services.
87. “District” means any two or more geographically
9contiguous counties.
108. “District board” means a board of health representing
11at least two geographically contiguous counties formed with
12approval of the state department in accordance with this
13chapter, or any district board of health in existence prior to
14July 1, 2010.
159. “District health department” refers to the personnel and
16property under the jurisdiction of a district board.
1710. “Local board of health” means a city, county, or
18district board of health.
1911. “Officers” means a local board of health chairperson,
20vice chairperson, and secretary, and other officers which may
21be named at the discretion of the local board of health.
2212. “State board” means the state board of health.
2313. 12. “State department” or “department” means the Iowa
24 department of public health and human services.
25 Sec. 213. Section 137.104, subsection 1, paragraph b,
26unnumbered paragraph 1, Code 2023, is amended to read as
27follows:
28Make and enforce such reasonable rules and regulations not
29inconsistent with law and the rules of the state board council
30 as may be necessary for the protection and improvement of the
31public health.
32 Sec. 214. Section 137.104, subsection 1, paragraph b,
33subparagraph (1), Code 2023, is amended to read as follows:
34(1) Rules of a city board shall become effective upon
35approval by the city council and publication in a newspaper
-157-1having general circulation in the city.
2 Sec. 215. Section 137.104, subsection 2, paragraph d, Code
32023, is amended to read as follows:
4d. By written agreement with the city council of any city
5within its jurisdiction, enforce appropriate ordinances of the
6city relating to public health.
7 Sec. 216. Section 137.105, subsection 1, paragraphs a and f,
8Code 2023, are amended to read as follows:
9a. All members of a city board shall be appointed by the
10city council.
11f. A local board of health member shall serve without
12compensation, but may be reimbursed for necessary expenses in
13accordance with rules established by the state board council
14 or the applicable jurisdiction.
15 Sec. 217. Section 137.107, Code 2023, is amended to read as
16follows:
17137.107 Request reviewed by state department.
18The state department shall review requests submitted
19pursuant to section 137.106. The state department, upon
20finding that all required elements are present, shall present
21findings to the state board council. The state board council
22 may approve the formation of a district board and if the
23formation is approved, shall notify the county boards from whom
24the request was received.
25 Sec. 218. Section 137.114, Code 2023, is amended to read as
26follows:
27137.114 Withdrawal from district.
28A county may withdraw from an existing district board upon
29submission of a request for withdrawal to and approval by
30the state department. The request shall include a plan to
31reform its county board or join a different district board,
32information specified in section 137.106, and approval of the
33request by the district board and, at the recommendation of
34the state department, the state board council. Any county
35choosing to withdraw from the district board shall commit to
-158-1the continuity of services in its county by reestablishing
2its county board or joining a different district board. The
3remaining counties in the district shall submit an application
4including the information specified in section 137.106 to the
5state department for review as provided in section 137.107.
6 Sec. 219. Section 137.119, Code 2023, is amended to read as
7follows:
8137.119 Adoption of rules.
9The state board of health council shall adopt rules to
10implement this chapter. The department is vested with
11discretionary authority to interpret the provisions of this
12chapter.
13 Sec. 220. Section 137F.1, subsection 9, unnumbered
14paragraph 1, Code 2023, is amended to read as follows:
15“Food establishment” means an operation that stores,
16prepares, packages, serves, vends, or otherwise provides food
17for human consumption and includes a food service operation in
18a salvage or distressed food operation, school, summer camp,
19residential service substance abuse use disorder treatment
20facility, halfway house substance abuse use disorder treatment
21facility, correctional facility operated by the department of
22corrections, or the state training school. “Food establishment”
23does not include the following:
24 Sec. 221. Section 139A.2, Code 2023, is amended to read as
25follows:
26139A.2 Definitions.
27For purposes of this chapter, unless the context otherwise
28requires:
291. “Area quarantine” means prohibiting ingress and egress
30to and from a building or buildings, structure or structures,
31or other definable physical location, or portion thereof, to
32prevent or contain the spread of a suspected or confirmed
33quarantinable disease or to prevent or contain exposure to a
34suspected or known chemical, biological, radioactive, or other
35hazardous or toxic agent.
-159- 12. “Business” means and includes every trade, occupation,
2or profession.
33. “Care provider” means an individual who is trained
4and authorized by federal or state law to provide health
5care services or services of any kind in the course of the
6individual’s official duties, for compensation or in a
7voluntary capacity, who is a health care provider, emergency
8medical care provider as defined in section 147A.1, fire
9fighter, or peace officer. “Care provider” also means an
10individual who renders emergency care or assistance in an
11emergency or due to an accident as described in section 613.17.
124. “Communicable disease” means any disease spread from
13person to person or animal to person.
145. “Contagious or infectious disease” means hepatitis in
15any form, meningococcal disease, AIDS or HIV as defined in
16section 141A.1, tuberculosis, and any other disease determined
17to be life-threatening to a person exposed to the disease as
18established by rules adopted by the department, based upon a
19determination by the state epidemiologist and in accordance
20with guidelines of the centers for disease control and
21prevention of the United States department of health and human
22services.
236. “Department” means the Iowa department of public health
24and human services.
257. “Designated officer” means a person who is designated by
26a department, agency, division, or service organization to act
27as an infection control liaison officer.
288. “Director” means the director of health and human
29services.
308. 9. “Exposure” means a specific eye, mouth, other mucous
31membrane, nonintact skin, or parenteral contact with blood or
32other potentially infectious bodily fluids.
339. 10. “Exposure-prone procedure” means a procedure
34performed by a health care provider which presents a recognized
35risk of percutaneous injury to the health care provider and
-160-1if such an injury occurs, the health care provider’s blood
2is likely to contact a patient’s body cavity, subcutaneous
3tissues, or mucous membranes, or an exposure-prone procedure as
4defined by the centers for disease control and prevention of
5the United States department of health and human services.
610. 11. “HBV” means hepatitis B virus.
711. 12. “Health care facility” means a health care facility
8as defined in section 135C.1, an ambulatory surgical center,
9or a clinic.
1012. 13. “Health care provider” means a person licensed
11to practice medicine and surgery, osteopathic medicine
12and surgery, chiropractic, podiatry, nursing, dentistry,
13optometry, or as a physician assistant, dental hygienist, or
14acupuncturist.
1513. 14. “HIV” means HIV as defined in section 141A.1.
1614. 15. “Hospital” means hospital as defined in section
17135B.1.
1815. 16. “Isolation” means the separation of persons or
19animals presumably or actually infected with a communicable
20disease or who are disease carriers for the usual period of
21communicability of that disease in such places, marked by
22placards if necessary, and under such conditions as will
23prevent the direct or indirect conveyance of the infectious
24agent or contagion to susceptible persons.
2516. 17. “Local board” means the local board of health.
2617. 18. “Local department” means the local health
27department.
2818. 19. “Placard” means a warning sign to be erected and
29displayed on the periphery of a quarantine area, forbidding
30entry to or exit from the area.
3119. 20. “Public health disaster” means public health
32disaster as defined in section 135.140.
3320. 21. “Quarantinable disease” means any communicable
34disease designated by rule adopted by the department as
35requiring quarantine or isolation to prevent its spread.
-161- 121. 22. “Quarantine” means the limitation of freedom
2of movement of persons or animals that have been exposed to
3a quarantinable disease within specified limits marked by
4placards for a period of time equal to the longest usual
5incubation period of the disease in such manner as to prevent
6the spread of a quarantinable disease which affects people.
722. 23. “Reportable disease” means any disease designated
8by rule adopted by the department requiring its occurrence to
9be reported to an appropriate authority.
1023. 24. “Sexually transmitted disease or infection”
11means a disease or infection as identified by rules adopted
12by the department, based upon a determination by the state
13epidemiologist and in accordance with guidelines of the
14centers for disease control and prevention of the United States
15department of health and human services.
1624. 25. “Significant exposure” means a situation in which
17there is a risk of contracting disease through exposure to
18a person’s infectious bodily fluids in a manner capable of
19transmitting an infectious agent as determined by the centers
20for disease control and prevention of the United States
21department of health and human services and adopted by rule of
22the department.
2325. 26. “Terminal cleaning” means cleaning procedures
24defined in the isolation guidelines issued by the centers for
25disease control and prevention of the United States department
26of health and human services.
27 Sec. 222. Section 139A.3, subsection 3, paragraph c, Code
282023, is amended to read as follows:
29c. Notwithstanding paragraph “b”, information contained in
30the report may be reported in public health records in a manner
31which prevents the identification of any person or business
32named in the report. If information contained in the report
33concerns a business, information disclosing the identity of
34the business may be released to the public when the state
35epidemiologist or the director of public health determines such
-162-1a release of information necessary for the protection of the
2health of the public.
3 Sec. 223. Section 139A.8, subsection 3, Code 2023, is
4amended to read as follows:
53. Subject to the provision of subsection 4, the state board
6of council on health and human services may modify or delete
7any of the immunizations in subsection 2.
8 Sec. 224. Section 139A.8, subsection 4, paragraph b, Code
92023, is amended to read as follows:
10b. The exemptions under this subsection do not apply in
11times of emergency or epidemic as determined by the state board
12of council on health and human services and as declared by the
13director of public health and human services.
14 Sec. 225. Section 139A.9, Code 2023, is amended to read as
15follows:
16139A.9 Forcible removal — isolation — quarantine.
17The forcible removal and isolation or quarantine of any
18infected person shall be accomplished according to the rules
19and regulations of the local board or the rules of the state
20board of council on health and human services.
21 Sec. 226. Section 141A.1, subsection 6, Code 2023, is
22amended to read as follows:
236. “Department” means the Iowa department of public health
24and human services.
25 Sec. 227. Section 141A.2, subsection 6, Code 2023, is
26amended to read as follows:
276. The department, with the approval of the state
28board of council on health and human services, may conduct
29epidemiological blinded and nonblinded studies to determine
30the incidence and prevalence of HIV infection. Initiation
31of any new epidemiological studies shall be contingent upon
32the receipt of funding sufficient to cover all the costs
33associated with the studies. The informed consent, reporting,
34and counseling requirements of this chapter shall not apply to
35blinded studies.
-163-1 Sec. 228. Section 141A.4, subsection 1, paragraph c, Code
22023, is amended to read as follows:
3c. All persons having a history of injecting drug abuse use
4disorder.
5 Sec. 229. Section 141A.9, subsection 2, paragraph j, Code
62023, is amended to read as follows:
7j. To employees of state correctional institutions subject
8to the jurisdiction of the department of corrections, employees
9of secure facilities for juveniles subject to the department
10of health and human services, and employees of city and county
11jails, if the employees have direct supervision over inmates of
12those facilities or institutions in the exercise of the duties
13prescribed pursuant to section 80.9B.
14 Sec. 230. Section 142.1, Code 2023, is amended to read as
15follows:
16142.1 Delivery of bodies.
17The body of every person dying in a public asylum, hospital,
18county care facility, penitentiary, or reformatory in this
19state, or found dead within the state, or which is to be buried
20at public expense in this state, except those buried under the
21provisions of chapter 144C or 249, and which is suitable for
22scientific purposes, shall be delivered to the medical college
23of the state university, or some osteopathic or chiropractic
24college or school located in this state, which has been
25approved under the law regulating the practice of osteopathic
26medicine or chiropractic; but no such body shall be delivered
27to any such college or school if the deceased person expressed
28a desire during the person’s last illness that the person’s
29body should be buried or cremated, nor if such is the desire
30of the person’s relatives. Such bodies shall be equitably
31distributed among said colleges and schools according to their
32needs for teaching anatomy in accordance with such rules as
33may be adopted by the Iowa department of public health and
34human services. The expense of transporting said bodies to
35such college or school shall be paid by the college or school
-164-1receiving the same. If the deceased person has not expressed
2a desire during the person’s last illness that the person’s
3body should be buried or cremated and no person authorized to
4control the deceased person’s remains under section 144C.5
5requests the person’s body for burial or cremation, and if a
6friend objects to the use of the deceased person’s body for
7scientific purposes, said deceased person’s body shall be
8forthwith delivered to such friend for burial or cremation at
9no expense to the state or county. Unless such friend provides
10for burial and burial expenses within five days, the body shall
11be used for scientific purposes under this chapter.
12 Sec. 231. Section 142.2, Code 2023, is amended to read as
13follows:
14142.2 Furnished to physicians.
15When there are more dead bodies available for use under
16section 142.1 than are desired by said colleges or schools, the
17same may be delivered to physicians in the state for scientific
18study under such rules as may be adopted by the Iowa department
19of public health and human services.
20 Sec. 232. Section 142.3, Code 2023, is amended to read as
21follows:
22142.3 Notification of department.
23Every county medical examiner, funeral director or embalmer,
24and the managing officer of every public asylum, hospital,
25county care facility, penitentiary, or reformatory, as soon
26as any dead body shall come into the person’s custody which
27may be used for scientific purposes as provided in sections
28142.1 and 142.2, shall at once notify the nearest relative
29or friend of the deceased, if known, and the Iowa department
30of public health and human services, and hold such body
31unburied for forty-eight hours. Upon receipt of notification,
32the department shall issue verbal or written instructions
33relative to the disposition to be made of said body. Complete
34jurisdiction over said bodies is vested exclusively in the Iowa
35 department of public health and human services. No autopsy or
-165-1post mortem, except as are legally ordered by county medical
2examiners, shall be performed on any of said bodies prior to
3their delivery to the medical schools.
4 Sec. 233. Section 142.9, Code 2023, is amended to read as
5follows:
6142.9 Failure to deliver dead body.
7Any person having the custody of the dead body of any human
8being which is required to be delivered for scientific purposes
9by this chapter, who shall fail to notify the Iowa department
10of public health and human services of the existence of such
11body, or fail to deliver the same in accordance with the
12instructions of the department, shall be guilty of a simple
13misdemeanor.
14 Sec. 234. Section 142A.2, Code 2023, is amended to read as
15follows:
16142A.2 Definitions.
17As used in this chapter, unless the context otherwise
18requires:
191. “Administrator” means the administrator of the division
20of tobacco use prevention and control.
212. 1. “Commission” means the commission on tobacco use
22prevention and control established in this chapter.
233. 2. “Community partnership” means a public agency or
24nonprofit organization implementing the tobacco use prevention
25and control initiative in a local area in accordance with this
26chapter.
274. 3. “Department” means the Iowa department of public
28 health and human services.
295. 4. “Director” means the director of public health and
30human services.
316. “Division” means the division of tobacco use prevention
32and control of the Iowa department of public health,
33established pursuant to this chapter.
347. 5. “Initiative” means the comprehensive tobacco use
35prevention and control initiative established in this chapter.
-166- 18. 6. “Manufacturer” means manufacturer as defined in
2section 453A.1.
39. 7. “Pregnant woman” means a female of any age who is
4pregnant.
510. 8. “School-age youth” means a person attending school
6in kindergarten through grade twelve.
711. 9. “Tobacco” means both cigarettes and tobacco products
8as defined in section 453A.1.
912. 10. “Youth” means a person who is five through
10twenty-four years of age.
11 Sec. 235. Section 142A.3, Code 2023, is amended to read as
12follows:
13142A.3 Tobacco use prevention and control — division —
14commission — created.
151. The department shall establish, as a separate and
16distinct division within the department, a division of tobacco
17use prevention and control. The division shall develop,
18implement, and administer the initiative established in this
19chapter and shall perform other duties as directed by this
20chapter or as assigned by the director of public health.
212. A commission on tobacco use prevention and control
22is established to develop policy, provide direction for
23the initiative, and perform all other duties related to
24the initiative and other tobacco use prevention and control
25activities as directed by this chapter or referred to the
26commission by the director of public health.
273. The membership of the commission shall include the
28following voting members who shall serve three-year, staggered
29terms:
30a. Members, at least one of whom is a member of a racial
31minority, to be appointed by the governor, subject to
32confirmation by the senate pursuant to sections 2.32 and 69.19,
33and consisting of the following:
34(1) Three members who are active with nonprofit health
35organizations that emphasize tobacco use prevention or who are
-167-1active as health services providers, at the local level.
2(2) Three members who are active with health promotion
3activities at the local level in youth education, nonprofit
4services, or other activities relating to tobacco use
5prevention and control.
6b. Three voting members, to be selected by the participants
7in the annual statewide youth summit of the initiative’s youth
8program, who shall not be subject to section 69.16 or 69.16A.
9However, the selection process shall provide for diversity
10among the members and at least one of the youth members shall
11be a female.
124. The commission shall also include the following ex
13officio, nonvoting members:
14a. Four members of the general assembly, with not more than
15one member from each chamber being from the same political
16party. The majority leader of the senate and the minority
17leader of the senate shall each appoint one of the senate
18members. The majority leader of the house of representatives
19and the minority leader of the house of representatives shall
20each appoint one of the house members.
21b. The presiding officer of the statewide youth executive
22body, selected by the delegates to the statewide youth summit.
235. In addition to the members of the commission, the
24following agencies, organizations, and persons shall each
25assign a single liaison to the commission to provide assistance
26to the commission in the discharge of the commission’s duties:
27a. The department of education.
28b. The drug policy coordinator director.
29c. The department of justice, office of the attorney
30general.
31d. The department of human services.
326. Citizen members shall be reimbursed for actual and
33necessary expenses incurred in performance of their duties.
34Citizen members shall be paid a per diem as specified in
35section 7E.6. Legislative members are eligible for per diem
-168-1and expenses as provided in section 2.10.
27. A member of the commission who is convicted of a crime
3relating to tobacco, alcohol, or controlled substances is
4subject to removal from the commission.
58. A vacancy on the commission other than for the youth
6members shall be filled in the same manner as the original
7appointment for the balance of the unexpired term. A youth
8member vacancy shall be filled by the presiding officer of the
9statewide executive body as selected by the delegates to the
10statewide youth summit.
119. The commission shall elect a chairperson from among its
12voting members and may select other officers from among its
13voting members, as determined necessary by the commission.
14The commission shall meet regularly as determined by the
15commission, upon the call of the chairperson, or upon the call
16of a majority of the voting members.
1710. The commission may designate an advisory council. The
18commission shall determine the membership and representation
19of the advisory council and members of the council shall serve
20at the pleasure of the commission. The advisory council may
21include representatives of health care provider groups, parent
22groups, antitobacco advocacy programs and organizations,
23research and evaluation experts, and youth organizers.
24 Sec. 236. Section 142A.4, Code 2023, is amended to read as
25follows:
26142A.4 Commission duties.
27The commission shall do all of the following:
281. Develop and implement the comprehensive tobacco use
29prevention and control initiative as provided in this chapter.
302. Provide a forum for the discussion, development, and
31recommendation of public policy alternatives in the field of
32tobacco use prevention and control.
333. Develop an educational component of the initiative.
34Educational efforts provided through the school system shall be
35developed in conjunction with the department of education.
-169- 14. Develop a plan for implementation of the initiative in
2accordance with the purpose and intent specified in section
3142A.1.
45. Provide for technical assistance, training, and other
5support under the initiative.
66. Take actions to develop and implement a statewide
7system for the initiative programs that are delivered through
8community partnerships.
97. Manage and coordinate the provision of funding and other
10moneys available to the initiative by combining all or portions
11of appropriations or other revenues as authorized by law.
128. Assist with the linkage of the initiative with child
13welfare and juvenile justice decategorization projects,
14education programming, early childhood Iowa areas, and other
15programs and services directed to youth at the state and
16community level.
179. a. Coordinate and respond to any requests from a
18community partnership relating to any of the following:
19(1) Removal of barriers to community partnership efforts.
20(2) Pooling and redirecting of existing federal, state, or
21other public or private funds available for purposes that are
22consistent with the initiative.
23(3) Seeking of federal waivers to assist community
24partnership efforts.
25b. In coordinating and responding to the requests, the
26commission shall work with state agencies, the governor, and
27the general assembly as necessary to address requests deemed
28appropriate by the commission.
2910. Adopt rules pursuant to chapter 17A as necessary for
30the designation, governance, and oversight of the initiative
31and the implementation of this chapter. The commission shall
32provide for community partnership and youth program input in
33the rules adoption process. The rules shall include but are
34not limited to all of the following:
35a. Performance indicators for initiative programs, community
-170-1partnerships, and the services provided under the auspices of
2community partnerships. The performance indicators shall be
3developed with input from communities.
4b. Minimum standards to further the provision of equal
5access to services.
611. Monitor and evaluate the effectiveness of performance
7measures utilized under the initiative.
812. Submit a report to the governor and the general assembly
9on a periodic basis, during the initial year of operation,
10and on an annual basis thereafter, regarding the initiative,
11including demonstrated progress based on performance
12indicators. The commission shall report more frequently if
13requested by the joint appropriations subcommittee that makes
14recommendations concerning the commission’s budget. Beginning
15July 1, 2005, the commission shall also perform a comprehensive
16review of the initiative and shall submit a report of its
17findings to the governor and the general assembly on or before
18December 15, 2005.
1913. Represented by the chairperson of the commission,
20annually appear before the joint appropriations subcommittee
21that makes recommendations concerning the commission’s budget
22to report on budget expenditures and division department
23 operations relative to the prior fiscal year and the current
24fiscal year.
2514. Advise the director in evaluating potential candidates
26for the position of administrator, consult with the director
27in the hiring of the administrator, and review and advise
28the director on the performance of the administrator in the
29discharge of the administrator’s duties.
3015. 14. Prioritize funding needs and the allocation of
31moneys appropriated and other resources available for the
32programs and activities of the initiative.
3316. 15. Review fiscal needs of the initiative and make
34recommendations to the director in the development of budget
35requests.
-171- 117. 16. Solicit and accept any gift of money or property,
2including any grant of money, services, or property from the
3federal government, the state, a political subdivision, or
4a private source that is consistent with the goals of the
5initiative. The commission shall adopt rules prohibiting the
6acceptance of gifts from a manufacturer of tobacco products.
718. 17. Advise and make recommendations to the governor,
8the general assembly, and the director, and the administrator,
9relative to tobacco use, treatment, intervention, prevention,
10control, and education programs in the state.
1119. 18. Evaluate the work of the division and the
12 department relating to the initiative. For this purpose, the
13commission shall have access to any relevant department records
14and documents, and other information reasonably obtainable by
15the department.
1620. 19. Develop the structure for the statewide youth
17summit to be held annually.
1821. 20. Approve the content of any materials distributed
19by the youth program pursuant to section 142A.9, prior to
20distribution of the materials.
21 Sec. 237. Section 142A.5, Code 2023, is amended to read as
22follows:
23142A.5 Director and administrator Department duties.
241. The director department shall do all of the following:
25a. Establish and maintain the division of tobacco use
26prevention and control.
27b. Employ a separate division administrator, in accordance
28with the requirements of section 142A.4, subsection 14, in a
29full-time equivalent position whose sole responsibility and
30duty shall be the administration and oversight of the division.
31The division administrator shall report to and shall serve
32at the pleasure of the director. The administrator shall
33be exempt from the merit system provisions of chapter 8A,
34subchapter IV.
35c. 1. Coordinate all tobacco use prevention and control
-172-1programs and activities under the purview of the department.
2d. 2. Receive and review budget recommendations from the
3commission. The director shall consider these recommendations
4in developing the budget request for the department.
52. The administrator shall do all of the following:
6a. 3. Implement the initiative, coordinate the activities
7of the commission and the initiative, and coordinate other
8tobacco use prevention and control activities as assigned by
9the director.
10b. 4. Monitor and evaluate the effectiveness of performance
11measures.
12c. 5. Provide staff and administrative support to the
13commission.
14d. 6. Administer contracts entered into under this chapter.
15e. 7. Coordinate and cooperate with other tobacco use
16prevention and control programs within and outside of the
17state.
18f. 8. Provide necessary information to the commission
19to assist the commission in making its annual report to the
20joint appropriations subcommittee pursuant to section 142A.4,
21subsection 13, and in fulfilling other commission duties
22pursuant to section 142A.4.
23 Sec. 238. Section 142A.6, subsections 1 and 4, Code 2023,
24are amended to read as follows:
251. A comprehensive tobacco use prevention and control
26initiative is established. The division department shall
27implement the initiative as provided in this chapter.
284. The division department shall implement the initiative
29in a manner that ensures that youth are extensively involved
30in the decision making for the programs implemented under
31the initiative. The initiative shall also involve parents,
32schools, and community members in activities to achieve the
33results desired for the initiative. The division department
34 shall encourage collaboration at the state and local levels
35to maximize available resources and to provide flexibility to
-173-1support community efforts.
2 Sec. 239. Section 142C.15, subsections 1 and 2, Code 2023,
3are amended to read as follows:
41. An anatomical gift public awareness and transplantation
5fund is created as a separate fund in the state treasury
6under the control of the Iowa department of public health and
7human services. The fund shall consist of moneys remitted
8by the county treasurer of a county or by the department of
9transportation which were collected through the payment of a
10contribution made by an applicant for registration of a motor
11vehicle pursuant to section 321.44A and any other contributions
12to the fund.
132. The moneys collected under this section and deposited
14in the fund are appropriated to the Iowa department of public
15 health and human services for the purposes specified in
16this section. Moneys in the fund shall not be subject to
17appropriation or expenditure for any other purpose.
18 Sec. 240. Section 142C.15, subsection 4, unnumbered
19paragraph 1, Code 2023, is amended to read as follows:
20The Iowa department of public health and human services may
21use not more than five percent of the moneys in the fund for
22administrative costs. The remaining moneys in the fund may
23be expended through grants to any of the following persons,
24subject to the following conditions:
25 Sec. 241. Section 142C.17, unnumbered paragraph 1, Code
262023, is amended to read as follows:
27The Iowa department of public health and human services, in
28conjunction with any statewide organ procurement organization
29in Iowa, shall prepare and submit a report to the general
30assembly on or before January 1 each year regarding organ
31donation rates and voluntary compliance efforts with hospital
32organ and tissue donation protocols by physicians, hospitals,
33and other health systems organizations. The report shall
34contain the following:
35 Sec. 242. Section 142C.18, subsection 1, Code 2023, is
-174-1amended to read as follows:
21. The director department of public health and human
3services shall contract with and recognize the Iowa donor
4registry for the purpose of indicating on the donor registry
5all relevant information regarding a donor’s making or amending
6of an anatomical gift.
7 Sec. 243. Section 142D.2, Code 2023, is amended by adding
8the following new subsection:
9 NEW SUBSECTION. 3A. “Department” means the department of
10health and human services.
11 Sec. 244. Section 142D.6, subsection 3, Code 2023, is
12amended to read as follows:
133. The owner, operator, manager, or other person having
14custody or control of a public place, place of employment,
15area declared a nonsmoking place pursuant to section 142D.5,
16or outdoor area where smoking is prohibited under this
17chapter shall clearly and conspicuously post in and at every
18entrance to the public place, place of employment, area
19declared a nonsmoking place pursuant to section 142D.5, or
20outdoor area, “no smoking” signs or the international “no
21smoking” symbol. Additionally, a “no smoking” sign or the
22international “no smoking” symbol shall be placed in every
23vehicle that constitutes a public place, place of employment,
24or area declared a nonsmoking place pursuant to section 142D.5
25under this chapter, visible from the exterior of the vehicle.
26All signs shall contain the telephone number for reporting
27complaints and the internet site of the department of public
28health. The owner, operator, manager, or other person having
29custody or control of the public place, place of employment,
30area declared a nonsmoking place pursuant to section 142D.5,
31or outdoor area may use the sample signs provided on the
32department of public health’s department’s internet site, or
33may use another sign if the contents of the sign comply with
34the requirements of this subsection.
35 Sec. 245. Section 142D.8, Code 2023, is amended to read as
-175-1follows:
2142D.8 Enforcement.
31. This chapter shall be enforced by the department of
4public health or the department’s designee. The department of
5public health shall adopt rules to administer this chapter,
6including rules regarding enforcement. The department
7of public health shall provide information regarding the
8provisions of this chapter and related compliance issues to
9employers, owners, operators, managers, and other persons
10having custody or control of a public place, place of
11employment, area declared a nonsmoking place pursuant to
12section 142D.5, or outdoor area where smoking is prohibited,
13and the general public via the department’s internet site. The
14internet site shall include sample signage and the telephone
15number for reporting complaints. Judicial magistrates shall
16hear and determine violations of this chapter.
172. If a public place is subject to any state or political
18subdivision inspection process or is under contract with the
19state or a political subdivision, the person performing the
20inspection shall assess compliance with the requirements of
21this chapter and shall report any violations to the department
22of public health or the department’s designee.
233. An owner, operator, manager, or other person having
24custody or control of a public place, place of employment, area
25declared a nonsmoking place pursuant to section 142D.5, or
26outdoor area regulated under this chapter shall inform persons
27violating this chapter of the provisions of this chapter.
284. An employee or private citizen may bring a legal action
29to enforce this chapter. Any person may register a complaint
30under this chapter by filing a complaint with the department of
31public health or the department’s designee.
325. In addition to the remedies provided in this section, the
33department of public health or the department’s designee or any
34other person aggrieved by the failure of the owner, operator,
35manager, or other person having custody or control of a public
-176-1place, place of employment, area declared a nonsmoking place
2pursuant to section 142D.5, or outdoor area regulated by this
3chapter to comply with this chapter may seek injunctive relief
4to enforce this chapter.
5 Sec. 246. Section 142D.9, subsection 5, Code 2023, is
6amended to read as follows:
75. Violation of this chapter constitutes a public nuisance
8which may be abated by the department of public health or the
9department’s designee by restraining order, preliminary or
10permanent injunction, or other means provided by law, and the
11entity abating the public nuisance may take action to recover
12the costs of such abatement.
13 Sec. 247. Section 144.1, Code 2023, is amended to read as
14follows:
15144.1 Definitions.
16As used in this chapter, unless the context otherwise
17requires:
181. “Board” means the state board of health.
192. “Book”, “list”, “record”, or “schedule” kept by a county
20auditor, assessor, treasurer, recorder, sheriff, or other
21county officer means the county system as defined in section
22445.1.
233. 1. “Court of competent jurisdiction” when used to refer
24to inspection of an original certificate of birth based upon an
25adoption means the court where the adoption was ordered.
264. 2. “Cremated remains” means all the remains of the
27cremated human body recovered after the completion of the
28cremation process, including pulverization which leaves only
29bone fragments reduced to unidentifiable dimensions, and may
30include the residue of any foreign matter including casket
31material, bridgework, or eyeglasses that were cremated with the
32human remains.
335. 3. “Cremation” means the technical process, using
34heat and flame, that reduces human remains to bone fragments,
35with the reduction taking place through heat and evaporation.
-177-1Cremation shall include the processing, and may include the
2pulverization, of the bone fragments.
36. 4. “Dead body” means a lifeless human body or parts
4or bones of a body, if, from the state of the body, parts,
5or bones, it may reasonably be concluded that death recently
6occurred.
77. 5. “Department” means the Iowa department of public
8 health and human services.
98. “Division” means a division, within the department, for
10records and statistics.
119. 6. “Fetal death” means death prior to the complete
12expulsion or extraction from its mother of a product of human
13conception, irrespective of the duration of pregnancy. Death
14is indicated by the fact that after expulsion or extraction
15the fetus does not breathe or show any other evidence of life
16such as beating of the heart, pulsation of the umbilical cord,
17or definite movement of voluntary muscles. In determining a
18fetal death, heartbeats shall be distinguished from transient
19cardiac contractions, and respirations shall be distinguished
20from fleeting respiratory efforts or gasps.
2110. 7. “Filing” means the presentation of a certificate,
22report, or other record, provided for in this chapter, of a
23birth, death, fetal death, adoption, marriage, dissolution, or
24annulment for registration by the division department.
2511. 8. “Final disposition” means the burial, interment,
26cremation, removal from the state, or other disposition of a
27dead body or fetus.
2812. 9. “Institution” means any establishment, public
29or private, which provides inpatient medical, surgical,
30or diagnostic care or treatment, or nursing, custodial, or
31domiciliary care to two or more unrelated individuals, or to
32which persons are committed by law.
3313. 10. “Live birth” means the complete expulsion or
34extraction from its mother of a product of human conception,
35irrespective of the duration of pregnancy, which, after
-178-1such expulsion or extraction, breathes or shows any other
2evidence of life such as beating of the heart, pulsation of
3the umbilical cord, or definite movement of voluntary muscles,
4whether or not the umbilical cord has been cut or the placenta
5is attached. In determining a live birth, heartbeats shall
6be distinguished from transient cardiac contractions, and
7respirations shall be distinguished from fleeting respiratory
8efforts or gasps.
911. “Record” kept by a county auditor, assessor, treasurer,
10recorder, sheriff, or other county officer means the county
11system as defined in section 445.1.
1214. 12. “Registration” means the process by which vital
13statistic records are completed, filed, and incorporated by the
14division department in the division’s department’s official
15records.
1615. 13. “State registrar” means the state registrar of
17vital statistics.
1816. 14. “System of vital statistics” includes the
19registration, collection, preservation, amendment, and
20certification of vital statistics records, and activities and
21records related thereto to the records including the data
22processing, analysis, and publication of statistical data
23derived from such records.
2417. 15. “Vital statistics” means records of births, deaths,
25fetal deaths, adoptions, marriages, dissolutions, annulments,
26and data related thereto to the records.
27 Sec. 248. Section 144.2, Code 2023, is amended to read as
28follows:
29144.2 Division of records Records and statistics.
30There is established in the The department a division for
31records and statistics which shall install, maintain, and
32operate the system of vital statistics throughout the state.
33No system for the registration of births, deaths, fetal deaths,
34adoptions, marriages, dissolutions, and annulments, shall be
35maintained in the state or any of its political subdivisions
-179-1other than the one provided for in this chapter. Suitable
2quarters shall be provided for the division department
3 by the executive council at the seat of government. The
4quarters shall be properly equipped for the permanent and safe
5preservation of all official records made and returned under
6this chapter.
7 Sec. 249. Section 144.4, Code 2023, is amended to read as
8follows:
9144.4 Registrar State registrar.
10The director of public health or the director’s designee
11 shall be the state registrar of vital statistics and shall
12carry out the provisions of this chapter.
13 Sec. 250. Section 144.5, Code 2023, is amended to read as
14follows:
15144.5 Duties of state registrar.
16The state registrar shall do all of the following:
171. Administer and enforce this chapter and the rules issued
18under this chapter, and issue instructions for the efficient
19administration of the statewide system of vital statistics and
20the division for records and statistics.
212. Direct and supervise the statewide system of vital
22statistics and the division for records and statistics and be
23custodian of its records.
243. Direct, supervise, and control the activities of clerks
25of the district court and county recorders related to the
26operation of the vital statistics system and provide registrars
27with necessary postage.
284. Prescribe, print, and distribute the forms required by
29this chapter and prescribe any other means for transmission of
30data, as necessary to accomplish complete, accurate reporting.
315. Prepare and publish annual reports of vital statistics of
32this state and other reports as may be required.
336. Delegate functions and duties vested in the state
34registrar to officers, to employees of the department, to the
35clerks of the district court, and to the county registrars as
-180-1the state registrar deems necessary or expedient.
27. Provide, by rules, for appropriate morbidity reporting.
3 Sec. 251. Section 144.12A, subsection 4, Code 2023, is
4amended to read as follows:
54. The department shall, upon request, provide the name,
6address, social security number, and any other identifying
7information of a registrant to the biological mother of
8the child; a court; the department of human services; the
9attorney of any party to an adoption, termination of parental
10rights, or establishment of paternity or support action; or
11to the child support recovery unit services for an action to
12establish paternity or support; or any other subunit of the
13department subject to prior approval by the state registrar.
14The information shall not be divulged to any other person and
15shall be considered a confidential record as to any other
16person, except upon order of the court for good cause shown.
17If the registry has not received a declaration of paternity,
18the department shall provide a written statement to that effect
19to the person making the inquiry.
20 Sec. 252. Section 144.13, subsection 4, Code 2023, is
21amended to read as follows:
224. The division state registrar shall make all of the
23following available to the child support recovery unit
24 services, upon request:
25a. A copy of a child’s birth certificate.
26b. The social security numbers of the mother and the father.
27c. A copy of the affidavit of paternity if filed pursuant
28to section 252A.3A and any subsequent rescission form which
29rescinds the affidavit.
30d. Information, other than information for medical and
31health use only, identified on a child’s birth certificate or
32on an affidavit of paternity filed pursuant to section 252A.3A.
33The information may be provided as mutually agreed upon by the
34division state registrar and the child support recovery unit
35 services, including by automated exchange.
-181-1 Sec. 253. Section 144.13A, subsection 5, paragraph a, Code
22023, is amended to read as follows:
3a. Ten dollars of each registration fee is appropriated and
4shall be used for primary and secondary child abuse prevention
5programs pursuant to section 235A.1, and ten dollars of each
6registration fee is appropriated and shall be used for the
7center for congenital and inherited disorders central registry
8established pursuant to section 136A.6. Notwithstanding
9section 8.33, moneys appropriated in this paragraph that remain
10unencumbered or unobligated at the close of the fiscal year
11shall not revert but shall remain available for expenditure
12for the purposes designated until the close of the succeeding
13fiscal year, and shall not be transferred, used, obligated,
14appropriated, or otherwise encumbered except as provided in
15this paragraph.
16 Sec. 254. Section 144.26, Code 2023, is amended to read as
17follows:
18144.26 Death certificate.
191. a. A death certificate for each death which occurs
20in this state shall be filed as directed by the state
21registrar within three days after the death and prior to final
22disposition, and shall be registered by the county registrar
23if it has been completed and filed in accordance with this
24chapter. A death certificate shall include the social security
25number, if provided, of the deceased person. All information
26including the certifying physician’s, physician assistant’s,
27or advanced registered nurse practitioner’s name shall be
28typewritten.
29b. A physician assistant or an advanced registered nurse
30practitioner authorized to sign a death certificate shall be
31licensed in this state and shall have been in charge of the
32deceased patient’s care.
332. All information included on a death certificate may
34be provided as mutually agreed upon by the division state
35registrar and the child support recovery unit services,
-182-1including by automated exchange.
23. a. The county in which a dead body is found is the
3county of death. If death occurs in a moving conveyance,
4the county in which the dead body is first removed from the
5conveyance is the county of death.
6b. If a decedent died outside of the county of the
7decedent’s residence, the state registrar shall send a copy
8of the decedent’s death certificate and any amendments to the
9county registrar of the county of the decedent’s residence.
10The county registrar shall record a death certificate received
11pursuant to this paragraph in the same records in which the
12death certificate of a decedent who died within the county
13is recorded. The state registrar may provide the county
14registrars with electronic access to vital records in lieu of
15the requirements of this paragraph.
164. a. The department shall establish by rule procedures
17for making a finding of presumption of death when no body
18can be found. The department shall also provide by rule
19the responsibility for completing and signing the medical
20certification of cause of death in such circumstances. The
21presumptive death certificate shall be in a form prescribed by
22the state registrar and filed in the county where the death was
23presumed to occur.
24b. The division department shall provide for the correction,
25substitution, or removal of a presumptive death certificate
26when the body of the person is later found, additional facts
27are discovered, or the person is discovered to be alive.
285. Upon the activation of an electronic death record system,
29each person with a duty related to death certificates shall
30participate in the electronic death record system. A person
31with a duty related to a death certificate includes but is not
32limited to a physician as defined in section 135.1, a physician
33assistant, an advanced registered nurse practitioner, a funeral
34director, and a county recorder.
35 Sec. 255. Section 144.29A, subsection 1, paragraph c, Code
-183-12023, is amended to read as follows:
2c. The maternal health services region of the Iowa
3 department of public health and human services, as designated
4as of July 1, 1997, in which the patient resides.
5 Sec. 256. Section 144.36, subsection 1, Code 2023, is
6amended to read as follows:
71. A certificate recording each marriage performed in
8this state shall be filed with the state registrar. The
9county registrar shall prepare the certificate on the form
10furnished by the state registrar upon the basis of information
11obtained from the parties to be married, who shall attest to
12the information by their signatures. The county registrar in
13each county shall keep a record book for marriages of marriage
14certificates as required by the state registrar. The form of
15marriage record books shall be uniform throughout the state. A
16properly indexed permanent record of marriage certificates upon
17microfilm, electronic computer, or data processing equipment
18may be kept in lieu of marriage record books.
19 Sec. 257. Section 144.37, Code 2023, is amended to read as
20follows:
21144.37 Dissolution and annulment records.
221. For each dissolution or annulment of marriage granted
23by any court in this state, a record shall be prepared by
24the clerk of court or by the petitioner or the petitioner’s
25legal representative if directed by the clerk and filed by
26the clerk of court with the state registrar. The information
27necessary to prepare the report record shall be furnished with
28the petition, to the clerk of court by the petitioner or the
29petitioner’s legal representative, on forms supplied by the
30state registrar.
312. The clerk of the district court in each county shall
32keep a record book for maintain the records of dissolutions and
33annulments of marriage as required by the state registrar. The
34form of dissolution record books shall be uniform throughout
35the state. A properly indexed record of dissolutions upon
-184-1microfilm, electronic computer, or data processing equipment
2may be kept in lieu of dissolution record books.
33. On or before the tenth day of each calendar month, the
4clerk of court shall forward to the state registrar the record
5of each dissolution and annulment granted during the preceding
6calendar month and related reports required by regulations
7issued under this chapter.
8 Sec. 258. Section 144.43, subsection 3, paragraph b, Code
92023, is amended to read as follows:
10b. The following vital statistics records in the custody
11of the state archivist may be inspected and copied as of right
12under chapter 22:
13(1) A record of birth that if the record is at least
14seventy-five years old or upon proof of entitlement to the
15record.
16(2) A record of marriage that if the record is at least
17seventy-five years old or upon proof of entitlement to the
18record.
19(3) A record of divorce, dissolution of marriage,
20or annulment of marriage that if the record is at least
21seventy-five years old or upon proof of entitlement to the
22record.
23(4) A record of death or fetal death, either of which if the
24record is at least fifty years old or upon proof of entitlement
25to the record.
26 Sec. 259. Section 144A.2, subsection 5, Code 2023, is
27amended to read as follows:
285. “Department” means the Iowa department of public health
29and human services.
30 Sec. 260. Section 144D.1, subsection 2, Code 2023, is
31amended to read as follows:
322. “Department” means the department of public health and
33human services.
34 Sec. 261. Section 146A.1, subsection 1, paragraph d,
35subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
-185-1to read as follows:
2That the woman has been provided information regarding all
3of the following, based upon the materials developed by the
4department of public health and human services pursuant to
5subparagraph (2):
6 Sec. 262. Section 146A.1, subsection 1, paragraph d,
7subparagraph (2), unnumbered paragraph 1, Code 2023, is amended
8to read as follows:
9The department of public health and human services shall
10make available to physicians, upon request, all of the
11following information:
12 Sec. 263. Section 146B.1, subsection 3, Code 2023, is
13amended to read as follows:
143. “Department” means the department of public health and
15human services.
16 Sec. 264. Section 147.77, Code 2023, is amended to read as
17follows:
18147.77 Powers, privileges, rights, or duties provided by rule
19— applicability to physician assistants.
201. The following agencies that adopt rules pursuant to
21chapter 17A providing a power, privilege, right, or duty to
22a physician licensed under chapter 148 or other profession
23licensed under this subtitle relating to the following subjects
24shall, consistent with the scope of practice of physician
25assistants licensed under chapter 148C, and unless otherwise
26inconsistent with state or federal law, provide the same power,
27privilege, right, or duty by rule to a physician assistant
28licensed under chapter 148C:
29a. The department of administrative services, with respect
30to rules relating to the following:
31(1) Retroactive conversion of vacation time to sick leave
32for vacation time spent under the care of a physician.
33(2) Certification of a catastrophic illness by a physician
34for purposes of donation of leave and second medical
35opinions and updates sought from a physician relating to such
-186-1certifications.
2b. The department on aging, with respect to rules relating
3to a written order from a physician for an older individual
4requesting a therapeutic diet, and the interpretation of such
5orders.
6c. b. The department of corrections, with respect to rules
7relating to the following:
8(1) That a parolee shall not use, purchase, possess, or
9transfer any drugs unless prescribed by a physician.
10(2) That a serious medical need is one that has been
11diagnosed by a physician as requiring treatment or is one so
12obvious that a lay person would easily recognize the necessity
13for a physician’s attention.
14(3) That each jail shall have a designated licensed
15physician, licensed osteopathic physician, or medical resource
16designated for the medical supervision, care, and treatment of
17prisoners as deemed necessary and appropriate.
18(4) That prescription medication, as ordered by a licensed
19physician, licensed osteopathic physician, or licensed dentist
20shall be provided in accordance with the directions of the
21prescribing physician or dentist. Prisoners with medication
22from a personal physician, osteopathic physician, or dentist
23may be evaluated by a physician, osteopathic physician, or
24dentist selected by the jail administrator to determine if the
25present medication is appropriate.
26(5) That expired drugs or drugs not in unit dose packaging,
27whose administration had been discontinued by the attending
28physician, shall be destroyed by the jail administrator or
29designee in the presence of a witness.
30(6) That special diets in jails prescribed by a physician
31shall be followed and documented, that the physician who
32prescribes the special diet shall specify a date on which the
33diet will be reviewed for renewal or discontinuation, and that
34unless specified by the prescribing physician, a certified
35dietitian shall develop the menu.
-187- 1(7) That special diets prescribed by a physician for the
2care and treatment of juveniles in nonsecure hold shall be
3followed and documented.
4(8) For medical services in temporary holding facilities,
5that a serious medical need is one that has been diagnosed by
6a physician as requiring treatment or one that is so obvious
7that a lay person would easily recognize the necessity for a
8physician’s attention.
9(9) For medical resources in temporary holding facilities,
10that each facility shall have a designated licensed physician,
11licensed osteopathic physician, or medical resource designated
12for the medical supervision, care, and treatment of detainees
13as deemed necessary and appropriate.
14(10) Medication procedures in temporary holding facilities,
15that prescription medication, as ordered by a licensed
16physician, licensed osteopathic physician, or licensed dentist
17shall be provided in accordance with the directions of the
18prescribing physician or dentist. Detainees with medication
19from a personal physician, osteopathic physician, or dentist
20may be evaluated by a physician, osteopathic physician, or
21dentist selected by the facility administrator to determine if
22the present medication is appropriate.
23(11) For medication storage in temporary holding
24facilities, that expired drugs or drugs not in unit dose
25packaging, whose administration had been discontinued by
26the attending physician, shall be destroyed by the facility
27administrator or designee in the presence of a witness.
28(12) For medical diets in temporary holding facilities,
29that special diets as prescribed by a physician shall be
30followed and documented.
31(13) For medical care and treatment for juveniles in
32nonsecure holds in temporary holding facilities, that special
33diets as prescribed by a physician shall be followed and
34documented.
35d. c. The economic development authority, with respect
-188-1to rules relating to the certification of a person with a
2disability for the purpose of the targeted small business
3program, that in order to be considered a person with a
4disability for the purpose of the targeted small business
5program, the person must qualify and receive certification as
6having a disability from a licensed medical physician or must
7have been found eligible for vocational rehabilitation services
8by the department of education workforce development, division
9of vocational rehabilitation services, or by the department for
10the blind.
11e. d. The department of education, with respect to rules
12relating to the following:
13(1) For statements relating to medication administration
14policies, that a statement that persons administering
15medication shall include authorized practitioners, such as
16licensed registered nurses and physicians, and persons to whom
17authorized practitioners have delegated the administration
18of prescription and nonprescription drugs. Individuals
19shall self-administer asthma or other airway constricting
20disease medication or possess and have use of an epinephrine
21auto-injector with parent and physician consent on file,
22without the necessity of demonstrating competency to
23self-administer these medications.
24(2) For medication administration courses relating
25to medication administration policies, that a medication
26administration course be conducted by a registered nurse
27or licensed pharmacist and include an annual medication
28administration procedural skills check completed with a
29registered nurse or pharmacist.
30(3) For school-based youth services programs, that
31preventive and primary health care services shall be delivered
32by specifically credentialed providers as specified.
33f. e. The department of health and human services, with
34respect to rules relating to the following:
35(1) That an incident for purposes of accreditation
-189-1of providers of services to persons with mental illness,
2intellectual disabilities, or developmental disabilities
3includes but is not limited to an occurrence involving the
4individual using the service that results in a physical injury
5to or by the individual that requires a physician’s treatment
6or admission to a hospital.
7(2) That a mental health professional, for purposes
8of accreditation of providers of services to persons with
9mental illness, intellectual disabilities, or developmental
10disabilities, includes a medical professional licensed in this
11state, provided that the professional otherwise meets all of
12the conditions to qualify as a mental health professional.
13(3) That home health aide services for purposes of
14disability services management and regional services may
15include medications specifically ordered by a physician.
16(4) That payment relating to the state supplementary
17assistance program for residential care shall only be made when
18there is on file an order written by a physician certifying
19that the applicant or recipient being admitted requires
20residential care but does not require nursing services.
21(5) That a case folder for a facility participating in
22the state supplementary assistance program must include a
23physician’s statement certifying that a resident does not
24require nursing services.
25(6) That personnel providing psychological evaluations
26and counseling or psychotherapy services for area education
27agencies under the medical assistance program include specified
28professions endorsed, licensed, or registered in this state,
29provided that the professional otherwise meets all of the
30conditions to qualify as a mental health professional.
31(7) That personnel providing psychological evaluations and
32counseling or psychotherapy services for providers of infant
33and toddler program services under the medical assistance
34program include specified professions endorsed, licensed,
35or registered in this state, provided that the professional
-190-1otherwise meets all of the conditions to qualify as a mental
2health professional.
3(8) That personnel providing other services for providers
4of infant and toddler program services under the medical
5assistance program include specified professions recognized,
6endorsed, or licensed in this state, provided that the
7professional otherwise meets all of the conditions to qualify
8as a mental health professional.
9(9) That personnel providing psychological evaluations
10and counseling or psychotherapy services for providers of
11local education agency services under the medical assistance
12program include specified professions endorsed, licensed,
13or registered in this state, provided that the professional
14otherwise meets all of the conditions to qualify as a mental
15health professional.
16(10) That personnel providing other services for providers
17of local education agency services under the medical assistance
18program include specified professions recognized, endorsed,
19or licensed in this state, provided that the professional
20otherwise meets all of the conditions to qualify as a mental
21health professional.
22(11) For payment for medically necessary home health agency
23services under the medical assistance program, that payment
24shall be approved for medically necessary home health agency
25services prescribed by a physician in a plan of home health
26care provided by a Medicare-certified home health agency.
27(12) For authorization for medically necessary home health
28agency services under the medical assistance program, that
29services shall be authorized by a physician, evidenced by the
30physician’s signature and date on a plan of treatment.
31(13) For treatment plans of home health agencies under the
32medical assistance program, that a member’s medical condition
33shall be reflected by the date last seen by a physician, if
34available.
35(14) For items included in treatment plans of home health
-191-1agencies under the medical assistance program, that a plan of
2care shall include a physician’s signature and date and that
3the plan of care must be signed and dated by the physician
4before the claim for service is submitted for reimbursement.
5(15) For skilled nursing services provided by a home health
6agency under the medical assistance program, that medical
7documentation shall be submitted justifying the need for
8continued visits, including the physician’s estimate of the
9length of time that additional visits will be necessary, and
10that daily skilled nursing visits or multiple daily visits for
11wound care or insulin injections shall be covered when ordered
12by a physician and included in the plan of care.
13(16) For physical therapy services provided by a home health
14agency under the medical assistance program, that payment shall
15be made for physical therapy services when the services follow
16a treatment plan established by the physician after any needed
17consultation with the qualified physical therapist.
18(17) For occupational therapy services provided by a
19home health agency under the medical assistance program,
20that payment shall be made for occupational therapy services
21when the services follow a treatment plan established by the
22physician.
23(18) For speech therapy services provided by a home health
24agency under the medical assistance program, that payment shall
25be made for speech therapy services when the services follow a
26treatment plan established by the physician.
27(19) For home health aide services provided by a home health
28agency under the medical assistance program, that the service
29as well as the frequency and duration are stated in a written
30plan of treatment established by a physician.
31(20) For home health aide services provided by a home health
32agency under the medical assistance program, that services
33provided for specified durations when ordered by a physician
34and included in a plan of care shall be allowed as intermittent
35services.
-192- 1(21) For home health aide services provided by a home health
2agency under the medical assistance program, that personal
3care services include helping the member take medications
4specifically ordered by a physician.
5(22) For private duty nursing or personal care services for
6persons aged twenty and under, under the medical assistance
7program, that private duty nursing services are those services
8which are provided by a registered nurse or a licensed
9practical nurse under the direction of the member’s physician
10to a member in the member’s place of residence or outside the
11member’s residence, when normal life activities take the member
12outside the place of residence.
13(23) For private duty nursing or personal care services for
14persons aged twenty and under, under the medical assistance
15program, that services shall be provided according to a written
16plan of care authorized by a licensed physician.
17(24) For private duty nursing or personal care services for
18persons aged twenty and under, under the medical assistance
19program, that personal care services are those services
20provided by a home health aide or certified nurse’s aide and
21which are delegated and supervised by a registered nurse under
22the direction of the member’s physician to a member in the
23member’s place of residence or outside the member’s residence,
24when normal life activities take the member outside the place
25of residence, and that these services shall be in accordance
26with the member’s plan of care and authorized by a physician.
27(25) For requirements for private duty nursing or personal
28care services for persons aged twenty and under, under the
29medical assistance program, that private duty nursing or
30personal care services shall be ordered in writing by a
31physician as evidenced by the physician’s signature on the plan
32of care.
33(26) For obtaining prescription medications for children in
34juvenile detention and shelter care homes, that prescription
35medication provided to residents shall be dispensed only from a
-193-1licensed pharmacy in this state in accordance with state law,
2from a licensed pharmacy in another state according to the laws
3of that state, or by a licensed physician.
4(27) For health and dental programs provided by agencies
5providing foster care services, that a child’s physical
6examination shall be performed by a licensed physician or
7licensed nurse practitioner.
8(28) For health and dental programs provided by agencies
9providing foster care services, that if documentation of prior
10immunization is unavailable, immunizations required by the
11department of public health shall begin within thirty days of
12placement, unless contraindicated and unless a statement from
13a physician to that effect is included in the child’s medical
14record, and that a statement from a physician, referring
15agency, parent, or guardian indicating immunizations are
16current is sufficient documentation of immunizations.
17(29) For the dispensing, storage, authorization, and
18recording of medications in child care centers, that all
19medications shall be stored in their original containers, with
20accompanying physician or pharmacist’s directions and label
21intact and stored so they are inaccessible to children and the
22public.
23(30) For an infants’ area in a child care center, that
24upon the recommendation of a child’s physician or the area
25education agency serving the child, a child who is two years
26of age or older with a disability that results in significant
27developmental delays in physical and cognitive functioning who
28does not pose a threat to the safety of the infants may, if
29appropriate and for a limited time approved by the department,
30remain in the infant area.
31(31) For facility requirements for a child development
32home, that the telephone number for each child’s physician
33shall be written on paper and readily accessible by the
34telephone.
35(32) For medications and hazardous materials in a child
-194-1development home, that medications shall be given only with
2the parent’s or doctor’s written authorization, and that each
3prescribed medication shall be accompanied by a physician’s or
4pharmacist’s direction.
5(33) For medical reports regarding the health of a family
6in a family life home, that a medical report shall provide
7significant findings of a physician, such as the presence or
8absence of any communicable disease.
9(34) For medical reexaminations of a family in a family
10life home, that medical reexaminations may be required at the
11discretion of a physician.
12(35) For medical examinations of a client in a family life
13home, that a physician shall certify that the client is free
14from any communicable disease and does not require a higher
15level of care than that provided by a family life home.
16(36) For the records of a client in a family life home,
17that the family shall have available at all times, the name,
18address, and telephone number of the client’s physician.
19(37) For the facility requirements for a child care home,
20that the telephone number for each child’s physician shall be
21written on paper and readily accessible by the telephone.
22(38) For the administration of medications at a child care
23home, that medications shall be given only with the parent’s or
24doctor’s written authorization and each prescribed medication
25shall be accompanied by a physician’s or pharmacist’s
26direction.
27(39) For payments for foster care, that an intellectual
28disabilities professional includes specified professions,
29provided that the professional otherwise meets all of
30the conditions to qualify as an intellectual disabilities
31professional.
32(40) For payments for foster care, that a mental health
33professional includes specified professions, provided that the
34professional otherwise meets all of the conditions to qualify
35as a mental health professional.
-195- 1(41) For the subsidized adoption program, that a qualified
2intellectual disability professional includes specified
3professions, provided that the professional otherwise meets
4all of the conditions to qualify as a qualified intellectual
5disability professional.
6(42) For the subsidized adoption program, that a qualified
7mental health professional includes specified professions,
8provided that the professional otherwise meets all of
9the conditions to qualify as a qualified mental health
10professional.
11(43) For the information provided to a foster care provider
12by a department worker at the time of placement, that the
13information shall include the names, addresses, and telephone
14numbers of the child’s physician and dentist.
15(44) A written order from a physician for an older
16individual requesting a therapeutic diet, and the
17interpretation of such orders.
18(45) That “impaired glucose tolerance”, for purposes of
19outpatient diabetes education programs, means a condition in
20which blood glucose levels are higher than normal, diagnosed by
21a physician, and treated with a food plan, exercise, or weight
22control.
23(46) For instructors for programs not recognized by the
24American diabetes association or accredited by the American
25association of diabetes educators, that the primary instructors
26shall be one or more of specified health care professionals who
27are knowledgeable about the disease process of diabetes and the
28treatment of diabetes.
29(47) For the written form for participation in the
30prescription drug donation repository program, that the form
31shall include the name and telephone number of the responsible
32pharmacist, physician, or nurse practitioner who is employed
33by or under contract with the pharmacy or medical facility,
34and shall also include a statement, signed and dated by the
35responsible pharmacist, physician, or nurse practitioner,
-196-1indicating that the pharmacy or medical facility meets the
2eligibility requirements and shall comply with the requirements
3established by rule.
4(48) For the dispensing of donated prescription drugs and
5supplies, that donated drugs and supplies may be dispensed
6only if the drugs or supplies are prescribed by a health
7care practitioner for use by an eligible individual and
8are dispensed by a licensed pharmacist, physician, or nurse
9practitioner.
10g. f. The department of inspections and appeals, with
11respect to rules relating to the following:
12(1) For the qualifications of an attending physician at a
13hospice, that the person shall have an active Iowa license to
14practice medicine.
15(2) For residential care facilities for persons with
16intellectual disabilities, that a qualified intellectual
17disability professional includes specified professions,
18provided that the professional otherwise meets all of the
19conditions to qualify as a qualified intellectual disability
20professional.
21(3) For nursing facilities, that a qualified intellectual
22disabilities professional includes specified professions,
23provided that the professional otherwise meets all of the
24conditions to qualify as a qualified intellectual disabilities
25professional.
26(4) For intermediate care facilities for persons with
27mental illness, that a qualified mental health professional
28includes specified professions, provided that the professional
29otherwise meets all of the conditions to qualify as a qualified
30mental health professional.
31(5) For notifications submitted to the department from
32a subacute mental health care facility in the event of an
33accident causing a major injury, including as a major injury an
34injury which requires consultation with the attending physician
35or designee of the physician or advanced registered nurse
-197-1practitioner who determines that an injury is a major injury.
2h. g. The racing and gaming commission, with respect to
3rules relating to the following:
4(1) For the grounds for denial, suspension, or revocation
5of an occupational or vendor license, that a license shall be
6denied if the applicant has a history of mental illness without
7demonstrating successful treatment by a licensed medical
8physician.
9(2) For the qualifications for jockeys, that a jockey shall
10pass a physical examination by a licensed physician affirming
11fitness to participate as a jockey.
12(3) For the regulation of licensees in restricted areas of
13a racing facility, that licensees whose duties require them to
14be in a restricted area of a racing facility shall not have
15present within their systems any controlled substance as listed
16in schedules I to V of U.S.C. Tit.21 (Food and Drug Section
17812), chapter 124, or any prescription drug unless it was
18obtained directly or pursuant to valid prescription or order
19from a duly licensed physician who is acting in the course of
20professional practice.
21i. h. The Iowa law enforcement academy, with respect to
22rules relating to the following:
23(1) For the minimum standards for law enforcement officers,
24that an officer is examined by a licensed physician or surgeon.
25(2) For hiring standards must be reverified if an individual
26is not hired by an Iowa law enforcement agency during a
27specified period of time following completion of the course
28of study, that the individual must be examined by a licensed
29physician or surgeon.
30(3) For the selection or appointment of reserve peace
31officers, that the person shall be examined by a licensed
32physician or surgeon.
33j. i. The natural resource commission, with respect to
34rules relating to the following:
35(1) That the grounds for revoking or suspending an
-198-1instructor license include participation in a course while
2ingesting prescription medication in a manner contrary to the
3dosing directions given by the prescribing physician.
4(2) For applications for use of a crossbow for deer and
5turkey hunting by handicapped individuals, that an application
6must include a statement signed by the applicant’s physician
7declaring that the individual is not physically capable of
8shooting a bow and arrow.
9(3) For authorization for the use of a crossbow for deer
10and turkey hunting by handicapped individuals, that if a
11conservation officer has probable cause to believe the person’s
12handicapped status has improved, making it possible for the
13person to shoot a bow and arrow, the department of natural
14resources may, upon the officer’s request, require the person
15to obtain in writing a current physician’s statement.
16(4) For licenses for nonresidents to participate in a
17special deer hunting season for severely disabled persons,
18that a nonresident applying for the license must have on file
19with the department of natural resources either a copy of a
20disabilities parking permit issued by a state department of
21transportation or an Iowa department of natural resources form
22signed by a physician that verifies their disability.
23k. The Iowa department of public health, with respect to
24rules relating to the following:
25(1) That “impaired glucose tolerance”, for purposes of
26outpatient diabetes education programs, means a condition in
27which blood glucose levels are higher than normal, diagnosed by
28a physician, and treated with a food plan, exercise, or weight
29control.
30(2) For instructors for programs not recognized by the
31American diabetes association or accredited by the American
32association of diabetes educators, that the primary instructors
33shall be one or more of specified health care professionals who
34are knowledgeable about the disease process of diabetes and the
35treatment of diabetes.
-199- 1(3) For the written form for participation in the
2prescription drug donation repository program, that the form
3shall include the name and telephone number of the responsible
4pharmacist, physician, or nurse practitioner who is employed
5by or under contract with the pharmacy or medical facility,
6and shall also include a statement, signed and dated by the
7responsible pharmacist, physician, or nurse practitioner,
8indicating that the pharmacy or medical facility meets the
9eligibility requirements and shall comply with the requirements
10established by rule.
11(4) For the dispensing of donated prescription drugs and
12supplies, that donated drugs and supplies may be dispensed
13only if the drugs or supplies are prescribed by a health
14care practitioner for use by an eligible individual and
15are dispensed by a licensed pharmacist, physician, or nurse
16practitioner.
17l. j. The department of public safety, with respect to
18rules relating to permits to carry weapons, that a person who
19is an unlawful user of or addicted to any controlled substance
20includes any person who is a current user of a controlled
21substance in a manner other than as prescribed by a licensed
22physician.
23m. k. The department of transportation, with respect
24to rules relating to exemptions from motor vehicle window
25transparency requirements, that a motor vehicle fitted with
26a front windshield, a front side window, or a front sidewing
27with less than seventy percent but not less than thirty-five
28percent light transmittance before July 4, 2012, may continue
29to be maintained and operated with a front windshield, a front
30side window, or a front sidewing with less than seventy percent
31but not less than thirty-five percent light transmittance on or
32after July 4, 2012, so long as the vehicle continues to be used
33for the transport of a passenger or operator who documented in
34the manner specified by the department a medical need for such
35reduced transparency, which document was signed by the person’s
-200-1physician before July 4, 2012.
2n. l. The Iowa department of veterans affairs, with respect
3to rules relating to expenses relating to the purchase of
4durable equipment or services, that individuals requesting
5reimbursement who need durable equipment as a medical necessity
6should provide information from a physician.
7o. m. The department of workforce development, with respect
8to rules relating to the following:
9(1) That a voluntary quit shall be presumed to be without
10good cause attributable to the employer for purposes of
11unemployment compensation if a claimant left employment because
12of illness or injury which was not caused or aggravated by the
13employment or pregnancy and failed to obtain the advice of a
14licensed and practicing physician, obtain certification of
15release for work from a licensed and practicing physician, or
16return to the employer and offer services upon recovery and
17certification for work by a licensed and practicing physician.
18(2) That for purposes of unemployment compensation, it is
19a reason for a claimant leaving employment with good cause
20attributable to the employer if the claimant left employment
21because of illness, injury, or pregnancy upon the advice of
22a licensed and practicing physician, and upon recovery, when
23recovery was certified by a licensed and practicing physician,
24the claimant returned and offered to perform services to the
25employer, but no suitable, comparable work was available.
26(3) That for purposes of unemployment compensation it is
27a reason for a claimant leaving employment with good cause
28attributable to the employer if the claimant left employment
29upon the advice of a licensed and practicing physician for the
30sole purpose of taking a family member to a place having a
31different climate and subsequently returned to the claimant’s
32regular employer and offered to perform services, but the
33claimant’s regular or comparable work was not available.
34p. n. The labor services division of the department of
35workforce development, with respect to rules relating to the
-201-1following:
2(1) For the disclosure of a trade secret relating to a
3hazardous chemical during a medical emergency, that where a
4treating physician or nurse determines that a medical emergency
5exists and the specific chemical identity of a hazardous
6chemical is necessary for emergency or first-aid treatment, the
7chemical manufacturer, importer, or employer shall immediately
8disclose the specific chemical identity of a trade secret
9chemical to that treating physician or nurse, regardless of the
10existence of a written statement of need or a confidentiality
11agreement.
12(2) For the disclosure of a trade secret relating to
13a hazardous chemical in a nonemergency situation, that in
14nonemergency situations, a chemical manufacturer, importer,
15or employer shall, upon request, disclose a specific chemical
16identity, otherwise permitted to be withheld by rule, to a
17specified health professional providing medical or other
18occupational health services to exposed employees or designated
19representatives in specified circumstances.
20(3) For applications for a license to practice asbestos
21removal, that except as noted in rule, only worker and
22contractor/supervisor license applicants must submit the
23respiratory protection and physician’s certification forms.
24(4) For documentation held by persons licensed for asbestos
25abatement in an area that is subject to a disaster emergency
26proclamation, that the labor commissioner deems an individual
27contractor, supervisor, or worker to be licensed and authorized
28for asbestos abatement if the individual, in addition to other
29specified conditions, makes immediately available on the
30work site a copy of a physician’s statement indicating that,
31consistent with federal law, a licensed physician has examined
32the individual within the past twelve months and approved the
33individual to work while wearing a respirator.
34(5) That the contents of an application for an event
35license for a covered athletic event other than a professional
-202-1wrestling event shall contain, along with other requirements,
2a copy of the medical license of the ringside physician and
3the date, time, and location of the ringside physician’s
4examination of the contestants.
5(6) For the responsibilities of the promoter of an athletic
6event, that the promoter submit test results to the ringside
7physician no later than at the time of the physical showing
8that each contestant scheduled for the event tested negative
9for the human immunodeficiency, hepatitis B, and hepatitis C
10viruses within the one-year period prior to the event, and that
11the contestant shall not participate and the physician shall
12notify the promoter that the contestant is prohibited from
13participating for medical reasons if specified circumstances
14occur.
15(7) For injuries during a professional boxing match, that if
16a contestant claims to be injured during the bout, the referee
17shall stop the bout and request the attending physician to make
18an examination. If the physician decides that the contestant
19has been injured as the result of a foul, the physician shall
20advise the referee of the injury. If the physician is of the
21opinion that the injured contestant may be able to continue,
22the physician shall order an intermission, after which the
23physician shall make another examination and again advise
24the referee of the injured contestant’s condition. It shall
25be the duty of the promoter to have an approved physician in
26attendance during the entire duration of all bouts.
27(8) For persons allowed in a ring during a professional
28boxing match, that no person other than the contestants and the
29referee shall enter the ring during the bout, excepting the
30seconds between the rounds or the attending physician if asked
31by the referee to examine an injury to a contestant.
32(9) For the weighing of contestants in a professional boxing
33match, that contestants shall be weighed and examined on the
34day of the scheduled match by the attending ring physician at a
35time and place to be determined by the commissioner.
-203- 1(10) For attending ring physicians during a professional
2boxing match, that when a boxer has been injured seriously,
3knocked out, or technically knocked out, the referee shall
4immediately summon the attending ring physician to aid the
5stricken boxer, and that managers, handlers, and seconds shall
6not attend to the stricken boxer, except at the request of the
7physician.
8(11) For the keeping of time during a professional boxing
9match, 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(12) For the suspension of contestants during a
13professional boxing match that is an elimination tournament,
14that a contestant who for specified reasons is not permitted
15to box in the state for a period of time shall be examined by a
16physician approved by the commissioner before being permitted
17to fight again.
18(13) For the designation of officials for professional
19kickboxing, that the designation of physicians is subject to
20the approval of the commissioner or designee.
21(14) For officials for a mixed martial arts event, that
22officials shall include a physician.
23(15) For the keeping of time for a mixed martial arts
24event, that the timekeeper shall keep an exact record of time
25taken out at the request of a referee for an examination of a
26contestant by the physician.
27(16) For persons allowed in the cage during a mixed martial
28arts event, that a physician may enter the cage to examine a
29contestant upon the request of the referee.
30(17) For the decorum of persons involved in a mixed martial
31arts event, that a contestant is exempt from prohibitions on
32specified conduct while interacting with the contestant’s
33opponent during a round, but if the round is stopped by the
34physician or referee for a time out, the prohibitions shall
35apply to the contestant.
-204- 1(18) For the examination of contestants in a mixed martial
2arts event, that on the day of the event, at a time and place
3to be approved by the commissioner, the ringside physician
4shall conduct a rigorous physical examination to determine the
5contestant’s fitness to participate in a mixed martial arts
6match, and that a contestant deemed not fit by the physician
7shall not participate in the event.
8(19) For injuries during a mixed martial arts event, that if
9a contestant claims to be injured or when a contestant has been
10injured seriously or knocked out, the referee shall immediately
11stop the fight and summon the attending ring physician to make
12an examination of the stricken fighter. If the physician
13decides that the contestant has been injured, the physician
14shall advise the referee of the severity of the injury. If
15the physician is of the opinion the injured contestant may be
16able to continue, the physician shall order an intermission,
17after which the physician shall make another examination and
18again advise the referee of the injured contestant’s condition.
19Managers, handlers, and seconds shall not attend to the
20stricken fighter, except at the request of the physician.
212. This section shall not be construed to expand, diminish,
22or otherwise modify the scope of practice of any profession
23licensed under this subtitle.
243. The rulemaking requirements provided in this section
25shall not be construed to prohibit the agencies listed in
26subsection 1 from engaging in further rulemaking not in
27conflict with this section or state or federal law relating to
28the subject matter of this section or to otherwise diminish the
29authority to engage in rulemaking provided to those agencies by
30any other statute.
31 Sec. 265. Section 147A.1, subsections 1 and 2, Code 2023,
32are amended to read as follows:
331. “Department” means the Iowa department of public health
34and human services.
352. “Director” means the director of the Iowa department of
-205-1public health and human services.
2 Sec. 266. Section 147A.21, subsections 2 and 3, Code 2023,
3are amended to read as follows:
42. “Department” means the Iowa department of public health
5and human services.
63. “Director” means the director of public health and human
7services.
8 Sec. 267. Section 147A.24, subsection 1, paragraph d, Code
92023, is amended to read as follows:
10d. Department of public health and human services.
11 Sec. 268. Section 147C.1, subsection 2, paragraph c, Code
122023, is amended to read as follows:
13c. “Alternative program” means a nondisciplinary monitoring
14or practice remediation process approved by a physical therapy
15licensing board. This includes but is not limited to substance
16abuse use disorder issues.
17 Sec. 269. Section 147D.1, subsection 2, paragraph c, Code
182023, is amended to read as follows:
19c. “Alternative program” means a voluntary, nondisciplinary
20substance abuse use disorder recovery program approved by a
21state emergency medical services authority.
22 Sec. 270. Section 147E.1, subsection 2, paragraph k, Code
232023, is amended to read as follows:
24k. “Impaired practitioner” means individuals whose
25professional practice is adversely affected by substance abuse
26 use disorder, addiction, or other health-related conditions.
27 Sec. 271. Section 147F.1, subsection 2, paragraph n, Code
282023, is amended to read as follows:
29n. “Impaired practitioner” means an individual whose
30professional practice is adversely affected by substance abuse
31 use disorder, addiction, or other health-related conditions.
32 Sec. 272. Section 152.5A, Code 2023, is amended to read as
33follows:
34152.5A Student record checks.
351. For the purposes of this section:
-206- 1a. “Comprehensive preliminary background check” means the
2same as defined in section 135C.1.
3b. “Nursing program” means a nursing program that is
4approved by the board pursuant to section 152.5.
5c. “Record check evaluation system” means the same as
6defined in section 135C.1.
7c. d. “Student” means a person applying for, enrolled in,
8or returning to the clinical education component of a nursing
9program.
102. Prior to a student beginning or returning to a nursing
11program, the nursing program shall do one of the following in
12substantial conformance with the provisions of section 135C.33:
13a. Request that the department of public safety perform a
14criminal history check and the record check evaluation system
15of the department of health and human services perform child
16and dependent adult abuse record checks of the student in this
17state.
18b. Access the single contact repository to perform the
19required record checks.
203. a. If a program accesses the single contact repository
21to perform the required record checks pursuant to subsection
222, the program may utilize a third-party vendor to perform
23a comprehensive preliminary background check to allow a
24student to provisionally participate in the clinical education
25component of the nursing program pending completion of the
26required record checks through the single contact repository
27and the evaluation by the department of human services record
28check evaluation system, as applicable, subject to all of the
29following:
30(1) If the comprehensive preliminary background check
31determines that the student being considered for provisional
32participation has been convicted of a crime, but the crime does
33not constitute a felony as defined in section 701.7 and is not
34a crime specified pursuant to chapter 708, 708A, 709, 709A,
35710, 710A, 711, or 712, or pursuant to section 726.3, 726.27,
-207-1or 726.28.
2(2) If the comprehensive preliminary background check
3determines the student being considered for provisional
4participation does not have a record of founded child abuse or
5dependent adult abuse, or if an exception pursuant to section
6135C.33, subsection 4, is applicable to the student.
7(3) If the program has requested an evaluation in accordance
8with section 135C.33, subsection 2, paragraph “a”, to determine
9whether the crime warrants prohibition of the student’s
10provisional participation.
11b. The provisional participation under this subsection
123 may continue until such time as the required record checks
13through the single contact repository and the evaluation by the
14department of human services record check evaluation system,
15as applicable, are completed.
164. If a student has a criminal record or a record of
17founded child or dependent adult abuse, upon request of the
18nursing program, the department of human services record check
19evaluation system shall perform an evaluation to determine
20whether the record warrants prohibition of the student’s
21involvement in a clinical education component of a nursing
22program involving children or dependent adults. The department
23of human services record check evaluation system shall utilize
24the criteria provided in section 135C.33 in performing the
25evaluation and shall report the results of the evaluation to
26the nursing program. The department of human services record
27check evaluation system has final authority in determining
28whether prohibition of the student’s involvement in a clinical
29education component is warranted.
30 Sec. 273. Section 154D.4, subsection 2, paragraph c, Code
312023, is amended to read as follows:
32c. The provision of children, family, or mental health
33services through the department of health and human services
34or juvenile court, or agencies contracting with the department
35of health and human services or juvenile court, by persons who
-208-1do not represent themselves to be either a marital and family
2therapist or a mental health counselor.
3 Sec. 274. Section 155A.46, subsection 1, paragraph a,
4unnumbered paragraph 1, Code 2023, is amended to read as
5follows:
6A pharmacist may, pursuant to statewide protocols developed
7by the board in consultation with the department of public
8 health and human services and consistent with subsection 2,
9order and administer the following to patients ages eighteen
10years and older:
11 Sec. 275. Section 155A.46, subsection 1, paragraph b,
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 months
18and older:
19 Sec. 276. Section 155A.46, subsection 1, paragraph c, Code
202023, is amended to read as follows:
21c. A pharmacist may, pursuant to statewide protocols
22developed by the board in consultation with the department of
23public health and human services and consistent with subsection
242, order and administer the final two doses in a course of
25vaccinations for HPV to patients ages eleven years and older.
26 Sec. 277. Section 155A.46, subsection 1, paragraph e,
27unnumbered paragraph 1, Code 2023, is amended to read as
28follows:
29A pharmacist may, pursuant to statewide protocols developed
30by the board in consultation with the department of public
31 health and human services and consistent with subsection 2,
32order and administer the following to patients ages six years
33and older:
34 Sec. 278. Section 158.2, subsection 8, Code 2023, is amended
35to read as follows:
-209- 18. Persons committed pursuant to chapter 229A to the custody
2of the director of the department of health and human services
3in the unit for sexually violent predators who cut the hair or
4trim or shave the beard of any other person within the unit,
5without receiving direct compensation from the person receiving
6the service.
7 Sec. 279. Section 158.3, subsection 1, paragraph d, Code
82023, is amended to read as follows:
9d. Presents a certificate, or satisfactory evidence, to the
10department that the applicant has successfully completed tenth
11grade, or the equivalent. The provisions of this subsection
12shall not apply to students enrolled in a barber school
13maintained at an institution under the control of a director of
14a division of the department of health and human services.
15 Sec. 280. Section 163.3A, subsection 2, Code 2023, is
16amended to read as follows:
172. The services shall be performed under the direction of
18the department and may be part of measures authorized by the
19governor under a declaration or proclamation issued pursuant
20to chapter 29C. In such case, the department shall cooperate
21with the Iowa department of public health and human services
22 under chapter 135, and the department of homeland security and
23emergency management, and local emergency management agencies
24as provided in chapter 29C.
25 Sec. 281. Section 190B.102, subsection 3, Code 2023, is
26amended to read as follows:
273. The department of agriculture and land stewardship, the
28department of public health, the department of health and human
29services, and the department of inspections and appeals shall
30cooperate with the department of revenue to administer this
31subchapter.
32 Sec. 282. Section 204.7, subsection 8, paragraph a,
33subparagraph (3), Code 2023, is amended to read as follows:
34(3) The consumable hemp product complies with packaging
35and labeling requirements, which shall be established by the
-210-1department of inspections health and appeals human services by
2rule.
3 Sec. 283. Section 204.7, subsection 8, paragraphs b and c,
4Code 2023, are amended to read as follows:
5b. A person manufacturing a consumable hemp product in
6this state shall register with the department of inspections
7 health and appeals human services on a form prescribed by
8the department of inspections health and appeals human
9services by rule. 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
15of a registration issued to a manufacturer who manufactures a
16consumable hemp product not in compliance with this chapter.
17c. A person selling a consumable hemp product in this state
18shall register with the department of inspections health and
19appeals human services on a form prescribed by the department
20of inspections health and appeals human services by rule and
21shall keep on the premises of the person’s business a copy
22of the certificate of analysis issued pursuant to section
23204.8 for the hemp contained in the consumable hemp products
24sold by the person. The department of inspections health and
25appeals human services may impose a fee, established by the
26department of inspections health and appeals human services
27 by rule, on a registrant not to exceed the cost of processing
28the registration. The department of inspections health and
29appeals human services shall adopt rules for the revocation of
30a registration issued to a person who sells a consumable hemp
31product not in compliance with this section.
32 Sec. 284. Section 206.2, subsection 17, paragraph c, Code
332023, is amended to read as follows:
34c. To which reference is made on the label or in
35literature accompanying the pesticide or device, except when
-211-1accurate, nonmisleading reference is made to current official
2publications of the United States department of agriculture or
3interior, the United States public health service, the state
4agricultural experiment stations, the Iowa state university,
5the Iowa department of public health and human services, the
6department of natural resources, or other similar federal
7institutions or official agencies of this state or other
8states authorized by law to conduct research in the field of
9pesticides.
10 Sec. 285. Section 216.6, subsection 1, paragraph d, Code
112023, is amended to read as follows:
12d. Person to solicit or require as a condition of employment
13of any employee or prospective employee a test for the presence
14of the antibody to the human immunodeficiency virus or to
15affect the terms, conditions, or privileges of employment or
16terminate the employment of any employee solely as a result
17of the employee obtaining a test for the presence of the
18antibody to the human immunodeficiency virus. An agreement
19between an employer, employment agency, labor organization,
20or their employees, agents, or members and an employee or
21prospective employee concerning employment, pay, or benefits to
22an employee or prospective employee in return for taking a test
23for the presence of the antibody to the human immunodeficiency
24virus, is prohibited. The prohibitions of this paragraph
25do not apply if the state epidemiologist determines and the
26director of public health and human services declares through
27the utilization of guidelines established by the center for
28disease control of the United States department of health and
29human services, that a person with a condition related to
30acquired immune deficiency syndrome poses a significant risk
31of transmission of the human immunodeficiency virus to other
32persons in a specific occupation.
33 Sec. 286. Section 216A.1, Code 2023, is amended to read as
34follows:
35216A.1 Department of health and human services — human
-212-1rights — purpose.
21. A The department of health and human rights is created,
3with the following divisions and offices services shall be
4responsible for all of the following:
5a. Division of community Community advocacy and services,
6with the following offices:
7(1) Office of Latino affairs.
8(2) Office on the status of women.
9(3) Office of persons with disabilities.
10(4) Office of deaf services.
11(5) Office on the status of African Americans.
12(6) Office of Asian and Pacific Islander affairs.
13(7) Office of Native American affairs.
14b. Division of community Community action agencies.
15c. Division of criminal Criminal and juvenile justice
16planning.
172. The purpose of the department under this chapter and as
18otherwise provided by law is to ensure basic rights, freedoms,
19and opportunities for all by empowering underrepresented Iowans
20and eliminating economic, social, and cultural barriers.
213. The department shall implement the comprehensive
22strategic plan approved by the board under section 216A.3 and
23shall issue an annual report to the governor and the general
24assembly no later than November 1 of each year concerning the
25operations of the department relating to responsibilities for
26human rights.
27 Sec. 287. Section 216A.3, Code 2023, is amended to read as
28follows:
29216A.3 Human rights board.
301. A human rights board is created within the department of
31human rights.
322. The board shall consist of sixteen members, including
33eleven voting members and five nonvoting members and determined
34as follows:
35a. The voting members shall consist of nine voting members
-213-1selected by each of the permanent commissions within the
2department, and two voting members, appointed by the governor.
3For purposes of this paragraph “a”, “permanent commissions”
4means the commission of Latino affairs, commission on the
5status of women, commission of persons with disabilities,
6commission on community action agencies, commission of deaf
7services, justice advisory board, commission on the status of
8African Americans, commission of Asian and Pacific Islander
9affairs, and commission of Native American affairs. The term
10of office for voting members is four years.
11b. The nonvoting members shall consist of the department
12director, two state representatives, one appointed by the
13speaker of the house of representatives and one by the minority
14leader of the house of representatives, and two state senators,
15one appointed by the majority leader of the senate and one by
16the minority leader of the senate.
173. A majority of the voting members of the board shall
18constitute a quorum, and the affirmative vote of two-thirds of
19the voting members present is necessary for any substantive
20action taken by the board. The board shall select a
21chairperson from the voting members of the board. The board
22shall meet not less than four times a year.
234. The board shall have the following duties:
24a. Develop develop and monitor implementation of
25a comprehensive strategic plan to remove barriers for
26underrepresented populations and, in doing so, to increase
27Iowa’s productivity and inclusivity, including performance
28measures and benchmarks.
29b. Approve, disapprove, amend, or modify the budget
30recommended by the department director for the operation of
31the department, subject to the budget requirements pursuant to
32chapter 8.
33c. Adopt administrative rules pursuant to chapter 17A,
34upon the recommendation of the department director, for the
35operation of the department.
-214- 1d. By November 1 of each year, approve the department report
2to the general assembly and the governor that covers activities
3during the preceding fiscal year.
4 Sec. 288. Section 216A.4, subsections 2 and 3, Code 2023,
5are amended to read as follows:
62. “Department” means the department of health and human
7rights services.
83. “Department director” “Director” means the director of
9the department of health and human rights services.
10 Sec. 289. Section 216A.6, subsection 2, paragraph d, Code
112023, is amended to read as follows:
12d. Department, or division, or office evaluations of
13information about a person seeking or receiving advocacy
14services.
15 Sec. 290. Section 216A.7, Code 2023, is amended to read as
16follows:
17216A.7 Access to information.
18Upon request of the director, or an office, a commission,
19or a council, or administrator of a division of the department
20 created under this chapter, all boards, agencies, departments,
21and offices of the state shall make available nonconfidential
22information, records, data, and statistics which are relevant
23to the populations or groups served by the offices, councils,
24and commissions of the department.
25 Sec. 291. Section 216A.11, subsection 2, Code 2023, is
26amended to read as follows:
272. “Office” means the office of Latino affairs of the
28department of human rights.
29 Sec. 292. Section 216A.13, subsection 2, Code 2023, is
30amended to read as follows:
312. Serve as liaison between the department of human rights
32 and the public, sharing information and gathering constituency
33input.
34 Sec. 293. Section 216A.15, subsection 4, Code 2023, is
35amended to read as follows:
-215- 14. Recommend to the department director policies and
2programs for the office.
3 Sec. 294. Section 216A.51, subsection 2, Code 2023, is
4amended to read as follows:
52. “Office” means the office on the status of women of the
6department of human rights.
7 Sec. 295. Section 216A.71, subsection 2, Code 2023, is
8amended to read as follows:
92. “Office” means the office of persons with disabilities of
10the department of human rights.
11 Sec. 296. Section 216A.91, Code 2023, is amended to read as
12follows:
13216A.91 Definitions.
14For purposes of this subchapter, unless the context
15otherwise requires:
161. “Administrator” means the administrator of the division
17of community action agencies of the department of human rights.
182. 1. “Commission” means the commission on community action
19agencies.
203. 2. “Community action agency” means a public agency
21or a private nonprofit agency which is authorized under its
22charter or bylaws to receive funds to administer community
23action programs and is designated by the governor to receive
24and administer the funds.
254. 3. “Community action program” means a program conducted
26by a community action agency which includes projects to provide
27a range of services to improve the conditions of poverty in the
28area served by the community action agency.
295. “Delegate agency” means a subgrantee or contractor
30selected by the community action agency.
316. “Division” means the division of community action
32agencies of the department of human rights.
33 Sec. 297. Section 216A.92, Code 2023, is amended to read as
34follows:
35216A.92 Division of community Community action agencies.
-216- 11. The division of community action agencies is
2established. The purpose of the division of community action
3agencies is to The department shall strengthen, supplement,
4and coordinate efforts to develop the full potential of each
5citizen by recognizing certain community action agencies and
6supporting certain community-based programs delivered by
7community action agencies.
82. The division department shall do all of the following:
9a. Provide financial assistance for community action
10agencies to implement community action programs, as permitted
11by the community service block grant and subject to the funding
12made available for the program.
13b. Administer the community services block grant, the
14low-income energy assistance block grants, department of energy
15funds for weatherization, and other possible funding sources.
16If a political subdivision is the community action agency,
17the financial assistance shall be allocated to the political
18subdivision.
19c. Implement accountability measures for its programs and
20require regular reporting on the measures by the community
21action agencies.
22d. Issue an annual report to the governor and general
23assembly by July 1 of each year.
24 Sec. 298. Section 216A.92B, subsections 1 and 3, Code 2023,
25are amended to read as follows:
261. Recommend to the board the adoption of rules pursuant
27to chapter 17A as it deems necessary for the commission and
28division department.
293. Serve as liaisons between the division department and the
30public, sharing information and gathering constituency input.
31 Sec. 299. Section 216A.93, Code 2023, is amended to read as
32follows:
33216A.93 Establishment of community action agencies.
34The division department shall recognize and assist in the
35designation of certain community action agencies to assist in
-217-1the delivery of community action programs. These programs
2shall include but not be limited to outreach, community
3services block grant, low-income energy assistance, and
4weatherization programs. If a community action agency is in
5effect and currently serving an area, that community action
6agency shall become the designated community action agency
7for that area. If any geographic area of the state ceases
8to be served by a designated community action agency, the
9division department may solicit applications and assist the
10governor in designating a community action agency for that
11area in accordance with current community services block grant
12requirements.
13 Sec. 300. Section 216A.98, Code 2023, is amended to read as
14follows:
15216A.98 Audit.
16Each community action agency shall be audited annually but
17shall not be required to obtain a duplicate audit to meet the
18requirements of this section. In lieu of an audit by the
19auditor of state, the community action agency may contract with
20or employ a certified public accountant to conduct the audit,
21pursuant to the applicable terms and conditions prescribed by
22sections 11.6, 11.14, and 11.19 and an audit format prescribed
23by the auditor of state. Copies of each audit shall be
24furnished to the division department in a manner prescribed by
25the division department.
26 Sec. 301. Section 216A.99, subsection 1, Code 2023, is
27amended to read as follows:
281. The administrator department shall provide financial
29assistance for community action agencies to implement community
30action programs, as permitted by the community service block
31grant, administer the low-income energy assistance block
32grants, department of energy funds for weatherization received
33in Iowa, and other possible funding sources.
34 Sec. 302. Section 216A.102, subsection 3, Code 2023, is
35amended to read as follows:
-218- 13. Under rules developed adopted by the division of
2community action agencies of the department of human rights
3and adopted by the board, the fund may be used to negotiate
4reconnection of essential utility services with the energy
5provider.
6 Sec. 303. Section 216A.104, subsection 1, Code 2023, is
7amended to read as follows:
81. The general assembly finds that provision of assistance
9to prevent utility disconnections will also prevent the
10development of public health risks due to such disconnections.
11The division department shall establish an energy utility
12assessment and resolution program administered by each
13community action agency for persons with low incomes who have
14or need a deferred payment agreement or are in need of an
15emergency fuel delivery to address home energy utility costs.
16 Sec. 304. Section 216A.104, subsection 2, paragraphs b and
17f, Code 2023, are amended to read as follows:
18b. The person is a residential customer of an energy utility
19approved for the program by the division department.
20f. The person complies with other eligibility requirements
21adopted in rules by the division department.
22 Sec. 305. Section 216A.107, subsection 1, Code 2023, is
23amended to read as follows:
241. A family development and self-sufficiency council is
25established within the department of human rights. The council
26shall consist of the following persons:
27a. The director of the department of human services or the
28director’s designee.
29b. The director of the department of public health or the
30director’s designee.
31c. The administrator of the division of community
32action agencies of the department of human rights or the
33administrator’s designee.
34d. b. The director of the school of social work at the
35university of Iowa or the director’s designee.
-219- 1e. c. The dean of the college of human sciences at Iowa
2state university or the dean’s designee.
3f. d. Two recipients or former recipients of the family
4investment program, selected by the other members of the
5council.
6g. e. One recipient or former recipient of the family
7investment program who is a member of a racial or ethnic
8minority, selected by the other members of the council.
9h. f. One member representing providers of services to
10victims of domestic violence, selected by the other members of
11the council.
12i. g. The head of the department of design, textiles,
13gerontology, and family studies at the university of northern
14Iowa or that person’s designee.
15j. h. The director of the department of education or the
16director’s designee.
17k. i. The director of the department of workforce
18development or the director’s designee.
19l. j. Two persons representing the business community,
20selected by the other members of the council.
21m. k. Two members from each chamber of the general
22assembly serving as ex officio, nonvoting members. The two
23members of the senate shall be appointed one each by the
24majority leader and the minority leader of the senate. The two
25members of the house of representatives shall be appointed one
26each by the speaker and the minority leader of the house of
27representatives.
28 Sec. 306. Section 216A.107, subsection 3, paragraph c,
29subparagraphs (1) and (3), Code 2023, are amended to read as
30follows:
31(1) Designation of families to be served that meet one or
32more criteria for being at risk of dependency on the family
33investment program or of family instability, and agreement
34to serve clients that are referred by the department of
35human services from the family investment program which
-220-1meet the criteria. The criteria may include but are not
2limited to factors such as educational level, work history,
3family structure, age of the youngest child in the family,
4previous length of stay on the family investment program, and
5participation in the family investment program or the foster
6care program while the head of a household was a child. Grant
7proposals shall also establish the number of families to be
8served under the grant.
9(3) Designation of the manner in which other needs of the
10families will be provided for, including but not limited to
11child care assistance, transportation, substance abuse use
12disorder treatment, support group counseling, food, clothing,
13and housing.
14 Sec. 307. Section 216A.107, subsection 4, Code 2023, is
15amended to read as follows:
164. a. The division department shall administer the family
17development and self-sufficiency grant program. The department
18of human services shall disclose to the division confidential
19information pertaining to individuals receiving services under
20the grant program, as authorized under section 217.30. The
21division and the department of human services shall share
22information and data necessary for tracking performance
23measures of the family development and self-sufficiency grant
24program, for referring families participating in the promoting
25independence and self-sufficiency through employment job
26opportunities and basic skills (PROMISE JOBS) program under
27section 239B.17 and related activities and programs to the
28grant program, and for meeting federal reporting requirements.
29The division and the department of human services may by mutual
30agreement, as specified in the memorandum of agreement entered
31into in accordance with paragraph “b”, add to or delete from
32the initial shared information items listed in this lettered
33paragraph. The initial shared information shall include but is
34not limited to all of the following:
35(1) Family enrollments and exits to and from each of the
-221-1programs.
2(2) Monthly reports of individual participant activity in
3PROMISE JOBS components that are countable work activities
4according to federal guidelines applicable to those components.
5(3) Aggregate grant program participant activity in all
6PROMISE JOBS program components.
7(4) Work participation rates for grant program participants
8who were active family investment program participants.
9(5) The average hourly wage of grant program participants
10who left the family investment program.
11(6) The percentage of grant program participants who exited
12from the grant program at or after the time family investment
13program participation ended and did not reenroll in the family
14investment program for at least one year.
15b. The division shall develop a memorandum of agreement
16with the department of human services to share outcome data and
17coordinate referrals and delivery of services to participants
18in the family investment program under chapter 239B and the
19grant program and other shared clients and shall provide the
20department of human services with information necessary for
21compliance with federal temporary assistance for needy families
22block grant state plan and reporting requirements, including
23but not limited to financial and data reports.
24c. b. To the extent that the family development and
25self-sufficiency grant program is funded by the federal
26temporary assistance for needy families block grant and by the
27state maintenance of efforts funds appropriated in connection
28with the block grant, the division department shall comply with
29all federal requirements for the block grant. The division
30 department is responsible for payment of any federal penalty
31imposed that is attributable to the grant program and shall
32receive any federal bonus payment attributable to the grant
33program.
34d. c. The division department shall ensure that
35expenditures of moneys appropriated to the department of human
-222-1services from the general fund of the state for the family
2development and self-sufficiency grant program are eligible to
3be considered as state maintenance of effort expenditures under
4federal temporary assistance for needy families block grant
5requirements.
6e. d. The commission department shall consider the
7recommendations of the council in adopting rules pertaining to
8the grant program.
9f. e. The division department shall submit to the governor
10and general assembly on or before November 30 following the
11end of each state fiscal year, a report detailing performance
12measure and outcome data evaluating the family development and
13self-sufficiency grant program for the fiscal year that just
14ended.
15 Sec. 308. Section 216A.111, subsection 2, Code 2023, is
16amended to read as follows:
172. “Office” means the office of deaf services of the
18department of human rights.
19 Sec. 309. Section 216A.131, Code 2023, is amended to read
20as follows:
21216A.131 Definitions.
22For the purpose of this subchapter, unless the context
23otherwise requires:
241. “Administrator” means the administrator of the division
25of criminal and juvenile justice planning.
262. 1. “Board” means the justice advisory board.
273. 2. “Department” means the department of health and human
28rights services.
294. “Division” means the division of criminal and juvenile
30justice planning.
31 Sec. 310. Section 216A.131A, Code 2023, is amended to read
32as follows:
33216A.131A Division of criminal Criminal and juvenile justice
34planning.
35The division of criminal and juvenile justice planning is
-223-1established to department shall fulfill the responsibilities
2of this subchapter, including the duties specified in sections
3216A.135, 216A.136, 216A.137, 216A.138, and 216A.140.
4 Sec. 311. Section 216A.132, subsection 1, paragraph b, Code
52023, is amended to read as follows:
6b. Additional voting members of the board, each serving a
7four-year term, shall include one representative from each of
8the following:
9(1) The Iowa coalition against sexual assault.
10(2) The American civil liberties union of Iowa.
11(3) The Iowa county attorneys association.
12(4) The department of health and human services.
13(5) The department of corrections.
14(6) A judicial district department of correctional
15services.
16(7) The department of public safety.
17(8) The office on the status of African Americans.
18(9) The department of public health.
19(10) (8) The board of parole.
20(11) (9) The department of justice.
21(12) (10) The state public defender.
22(13) (11) The governor’s office of drug control policy.
23 Sec. 312. Section 216A.132, subsection 3, Code 2023, is
24amended to read as follows:
253. Members of the board shall receive reimbursement
26from the state for actual and necessary expenses incurred
27in the performance of their official duties and may also
28be eligible to receive compensation as provided in section
297E.6. All expense moneys paid to nonlegislative members shall
30be paid from funds appropriated to the division department.
31Legislative members shall receive compensation as provided in
32sections 2.10 and 2.12.
33 Sec. 313. Section 216A.133, subsection 2, Code 2023, is
34amended to read as follows:
352. The board shall advise the division department on its
-224-1administration of state and federal grants and appropriations
2and shall carry out other functions consistent with this
3subchapter.
4 Sec. 314. Section 216A.133, subsection 3, paragraphs i, j,
5k, l, and r, Code 2023, are amended to read as follows:
6i. Providing input to the department director in the
7development of budget recommendations for the division
8 department.
9j. Coordinating with the administrator to develop and
10make Developing and making recommendations to the department
11 director pursuant to section 216A.2.
12k. Serving as a liaison between the division department
13 and the public, sharing information and gathering constituency
14input.
15l. Recommending to the department the adoption of rules
16pursuant to chapter 17A as it deems necessary for the board and
17division department.
18r. Reviewing data supplied by the division department, the
19department of management, the legislative services agency, the
20Iowa supreme court, and other departments or agencies for the
21purpose of determining the effectiveness and efficiency of the
22collection of such data.
23 Sec. 315. Section 216A.136, unnumbered paragraph 1, Code
242023, is amended to read as follows:
25The division department shall maintain an Iowa statistical
26analysis center for the purpose of coordinating with data
27resource agencies to provide data and analytical information to
28federal, state, and local governments, and assist agencies in
29the use of criminal and juvenile justice data. Notwithstanding
30any other provision of state law, unless prohibited by federal
31law or regulation, the division department shall be granted
32access, for purposes of research and evaluation, to criminal
33history records, official juvenile court records, juvenile
34court social records, and any other data collected or under
35control of the board of parole, department of corrections,
-225-1department of workforce development, district departments of
2correctional services, department of human services, judicial
3branch, and department of public safety. However, intelligence
4data and peace officer investigative reports maintained by the
5department of public safety shall not be considered data for
6the purposes of this section. Any record, data, or information
7obtained by the division department under this section and
8the division department itself is subject to the federal and
9state confidentiality laws and regulations which are applicable
10to the original record, data, or information obtained by the
11division department and to the original custodian of the
12record, data, or information. The access shall include but is
13not limited to all of the following:
14 Sec. 316. Section 216A.137, Code 2023, is amended to read
15as follows:
16216A.137 Correctional policy project.
171. The division department shall maintain an Iowa
18correctional policy project for the purpose of conducting
19analyses of major correctional issues affecting the criminal
20and juvenile justice system. The board shall identify and
21prioritize the issues and studies to be addressed by the
22division department through this project and shall report
23project plans and findings annually along with the report
24required in section 216A.135. Issues and studies to be
25considered by the board shall include but are not limited
26to a review of the information systems available to assess
27corrections trends and program effectiveness, the development
28of an evaluation plan for assessing the impact of corrections
29expenditures, and a study of the desirability and feasibility
30of changing the state’s sentencing practices, which includes
31a prison population forecast.
322. The division department may form subcommittees for the
33purpose of addressing major correctional issues affecting the
34criminal and juvenile justice system. The division department
35 shall establish a subcommittee to address issues specifically
-226-1affecting the juvenile justice system.
2 Sec. 317. Section 216A.138, subsections 1, 2, 4, and 7, Code
32023, are amended to read as follows:
41. The division department shall coordinate the development
5of a multiagency database to track the progress of juveniles
6through various state and local agencies and programs. The
7division department shall develop a plan which utilizes
8existing databases, including the Iowa court information
9system, the federally mandated national adoption and foster
10care information system, and the other state and local
11databases pertaining to juveniles, to the extent possible.
122. The department of human services, department of
13 corrections, judicial branch, department of public safety,
14department of education, local school districts, and other
15state agencies and political subdivisions shall cooperate with
16the division department in the development of the plan.
174. The division department shall develop the plan within
18the context of existing federal privacy and confidentiality
19requirements. The plan shall build upon existing resources and
20facilities to the extent possible.
217. If the division department has insufficient funds and
22resources to implement this section, the division department
23 shall determine what, if any, portion of this section may be
24implemented, and the remainder of this section shall not apply.
25 Sec. 318. Section 216A.140, subsection 5, Code 2023, is
26amended to read as follows:
275. Membership. The youth development council membership
28shall be determined by the council itself and shall include the
29directors or chief administrators, or their designees, from the
30following state agencies and programs:
31a. Child advocacy board.
32b. Iowa commission on volunteer service in the office of
33the governor.
34c. b. Department of education.
35d. Department of human rights.
-227- 1e. Department of human services.
2f. c. Department of public health and human services.
3g. d. Department of workforce development.
4h. e. Governor’s office Office of drug control policy.
5i. f. Iowa cooperative extension service in agriculture and
6home economics.
7j. Early childhood Iowa office in the department of
8management.
9 Sec. 319. Section 216A.140, subsection 8, paragraphs b and
10c, Code 2023, are amended to read as follows:
11b. The youth advisory council shall consist of no more
12than twenty-one youth ages fourteen through twenty years who
13reside in Iowa. Membership shall be for two-year staggered
14terms. The department director, or the director’s designee,
15 shall select council members using an application process. The
16department director or the director’s designee shall strive
17to maintain a diverse council membership and shall take into
18consideration race, ethnicity, disabilities, gender, and
19geographic location of residence of the applicants.
20c. Except as otherwise provided by law, the youth advisory
21council shall determine its own rules of procedure and
22operating policies, subject to approval by the department
23 director or the director’s designee.
24 Sec. 320. Section 216A.141, subsection 2, Code 2023, is
25amended to read as follows:
262. “Office” means the office on the status of African
27Americans of the department of human rights.
28 Sec. 321. Section 216A.151, subsection 3, Code 2023, is
29amended to read as follows:
303. “Office” means the office of Asian and Pacific Islander
31affairs of the department of human rights.
32 Sec. 322. Section 216A.161, subsection 2, Code 2023, is
33amended to read as follows:
342. “Office” means the office of Native American affairs of
35the department of human rights.
-228-1 Sec. 323. Section 216D.2, subsection 2, Code 2023, is
2amended to read as follows:
32. “Public office building” means the state capitol, all
4county courthouses, all city halls, and all buildings used
5primarily for governmental offices of the state or any county
6or city. It does not include public schools or buildings
7at institutions of the state board of regents or the state
8 department of health and human services.
9 Sec. 324. NEW SECTION. 217.01 Definitions.
10As used in this chapter, unless the context otherwise
11requires:
121. “Council” means the council on health and human services.
132. “Department” means the department of health and human
14services.
153. “Director” means the director of health and human
16services.
17 Sec. 325. Section 217.1, Code 2023, is amended to read as
18follows:
19217.1 Programs of department.
20There is established a department of health and human
21services to administer programs designed to protect and improve
22the health, well-being, and productivity of the people of
23the state of Iowa. The department shall concern itself with
24the problems of human behavior, adjustment, and daily living
25through the administration of programs of family, child, and
26adult welfare, economic assistance including costs of medical
27care, rehabilitation toward self-care and support, delinquency
28prevention and control, treatment and rehabilitation of
29juvenile offenders, care and treatment of persons with mental
30illness or an intellectual disability, public health, and other
31related programs as provided by law.
32 Sec. 326. Section 217.2, Code 2023, is amended to read as
33follows:
34217.2 Council on health and human services.
351. a. There is created within the department of human
-229-1services a council on health and human services which shall
2act in a policymaking and advisory capacity on matters within
3the jurisdiction of the department. The council shall consist
4of seven nine voting members appointed by the governor subject
5to confirmation by the senate. Appointments shall be made
6on the basis of interest in public affairs, good judgment,
7and knowledge and ability in the field of health and human
8services. Appointments shall be made to provide a diversity of
9interest and point of view in the membership and without regard
10to religious opinions or affiliations. The voting members of
11the council shall serve for six-year staggered terms.
12b. Each term of a voting member shall commence and end as
13provided by section 69.19.
14c. All voting members of the council shall be electors
15of the state of Iowa. No more than four five members shall
16belong to the same political party and no more than two three
17 members shall, at the time of appointment, reside in the same
18congressional district. At least one member of the council
19shall be a member of a county board of supervisors at the time
20of appointment to the council. At least one member of the
21council shall be a physician licensed to practice medicine in
22Iowa. Vacancies occurring during a term of office shall be
23filled in the same manner as the original appointment for the
24balance of the unexpired term subject to confirmation by the
25senate.
262. In addition to the voting members described in subsection
271, the membership of the council shall include four legislators
28as ex officio, nonvoting members. The four legislators shall
29be appointed one each by the majority leader of the senate,
30the minority leader of the senate, the speaker of the house
31of representatives, and the minority leader of the house of
32representatives for terms as provided in section 69.16B.
33 Sec. 327. Section 217.3, Code 2023, is amended to read as
34follows:
35217.3 Duties of council.
-230- 1The council on human services shall:
21. Organize annually and select a chairperson and vice
3chairperson.
42. Adopt and establish policy for the operation and
5conduct of the department of human services, subject to any
6guidelines which may be adopted by the general assembly, and
7the implementation of all services and programs thereunder
8 administered by the department.
93. Report immediately to the governor any failure by the
10director or any administrator of the department of human
11services to carry out any of the policy decisions or directives
12of the council.
134. Approve the budget of the department of human services
14 prior to submission to the governor. Prior to approval of the
15budget, the council shall publicize and hold a public hearing
16to provide explanations and hear questions, opinions, and
17suggestions regarding the budget. Invitations to the hearing
18shall be extended to the governor, the governor-elect, the
19director of the department of management, and other persons
20deemed by the council as integral to the budget process. The
21budget materials submitted to the governor shall include a
22review of options for revising the medical assistance program
23made available by federal action or by actions implemented
24by other states as identified by the department, the medical
25assistance advisory council created in section 249A.4B, and
26by county representatives. The review shall address what
27potential revisions could be made in this state and how the
28changes would be beneficial to Iowans.
295. Insure that all programs administered or services
30rendered by the department directly to any citizen or through
31a local agency to any citizen are coordinated and integrated
32so that any citizen does not receive a duplication of services
33from various departments or local agencies that could be
34rendered by one department or local agency. If the council
35finds that such is not the case, it shall hear and determine
-231-1which department or local agency shall provide the needed
2service or services and enter an order of their determination
3by resolution of the council which must be concurred in by
4at least a majority of the members. Thereafter such order
5or resolution of the council shall be obeyed by all state
6departments and local agencies to which it is directed.
76. Adopt all necessary rules recommended by the director or
8administrators of divisions hereinafter established department
9 prior to their promulgation pursuant to chapter 17A.
107. Approve the establishment of any new division or
11reorganization, consolidation or abolition of any established
12division prior to the same becoming effective.
138. 7. Recommend to the governor the names of individuals
14qualified for the position of director of human services when a
15vacancy exists in the office.
16 Sec. 328. Section 217.3A, Code 2023, is amended to read as
17follows:
18217.3A Advisory committees.
191. General. The council on human services shall establish
20and utilize the advisory committee identified in this section
21 and may establish and utilize other ad hoc advisory committees
22as determined necessary to advise the council. The council
23shall establish appointment provisions, membership terms,
24operating guidelines, and other operational requirements for
25committees established pursuant to this section.
262. Child abuse prevention. The council shall establish a
27child abuse prevention program advisory committee to support
28the child abuse prevention program implemented in accordance
29with section 235A.1. The duties of the advisory committee
30shall include all of the following:
31a. Advise the director of human services and the
32administrator of the division of the department of human
33services responsible for child and family programs regarding
34expenditures of funds received for the child abuse prevention
35program.
-232- 1b. Review the implementation and effectiveness of
2legislation and administrative rules concerning the child abuse
3prevention program.
4c. Recommend changes in legislation and administrative rules
5to the general assembly and the appropriate administrative
6officials.
7d. Require reports from state agencies and other entities as
8necessary to perform its duties.
9e. Receive and review complaints from the public concerning
10the operation and management of the child abuse prevention
11program.
12f. Approve grant proposals.
13 Sec. 329. Section 217.4, Code 2023, is amended to read as
14follows:
15217.4 Meetings of council.
16The council shall meet at least monthly. Additional
17meetings shall be called by the chairperson or upon written
18request of any three council members thereof as necessary to
19carry out the duties of the council. The chairperson shall
20preside at all meetings or in the absence of the chairperson
21the vice chairperson shall preside. The members of the council
22shall be paid a per diem as specified in section 7E.6 and their
23reasonable and necessary expenses.
24 Sec. 330. Section 217.5, Code 2023, is amended to read as
25follows:
26217.5 Director of health and human services.
27The chief administrative officer for the department of human
28services is the director of human services. The director shall
29be appointed by the governor subject to confirmation by the
30senate and shall serve at the pleasure of the governor. The
31governor shall fill a vacancy in this office in the same manner
32as the original appointment was made. The director shall be
33selected primarily for administrative ability. The director
34shall not be selected on the basis of political affiliation
35and shall not engage in political activity while holding this
-233-1position.
2 Sec. 331. NEW SECTION. 217.5A Attorneys — legal counsel
3and advice.
4Notwithstanding section 13.7, the department may employ or
5retain attorneys to provide legal counsel and advice. However,
6section 13.7 shall govern the employment or retention of
7attorneys by the department to represent the department in any
8action or proceeding brought in any court or tribunal.
9 Sec. 332. Section 217.6, Code 2023, is amended to read as
10follows:
11217.6 Rules and regulations — organization of department.
121. The director is hereby authorized to may recommend
13to the council for adoption such rules and regulations as
14are necessary to carry into practice administer the duties,
15functions, and programs of the various divisions and to
16establish such divisions and to assign or reassign duties,
17powers, and responsibilities within the department, all with
18the approval of the council on human services, within the
19department as the director deems necessary and appropriate
20for the proper administration of the duties, functions and
21programs with which the department is charged. Any action
22taken, decision made, or administrative rule adopted by any
23administrator of a division may be reviewed by the director.
24The director, upon such review, may affirm, modify, or reverse
25any such action, decision, or rule.
262. The rules and regulations adopted for the public benefits
27and programs administered by the department of human services
28 shall apply the residency eligibility restrictions required by
29federal and state law.
303. The director shall organize the department of human
31services into divisions subunits as necessary to most
32efficiently carry out in an efficient manner the intent
33of this chapter and any other chapter the department is
34responsible for administering. The department of human
35services may be initially divided into the following divisions
-234-1of responsibility:
2a. The division of child and family services.
3b. The division of mental health and disability services.
4c. The division of administration.
5d. The division of planning, research, and statistics.
64. If the department of human services requires or requests
7a service consumer, service provider, or other person to
8maintain required documentation in electronic form, the
9department shall accept such documentation submitted by
10electronic means and shall not require a physical copy of the
11documentation unless required by state or federal law.
12 Sec. 333. Section 217.13, Code 2023, is amended to read as
13follows:
14217.13 Department to provide certain volunteer services —
15volunteer liability.
161. The department of human services shall establish
17volunteer programs designed to enhance the services provided
18by the department. Roles for volunteers may include but shall
19not be limited to parent aides, friendly visitors, commodity
20distributors, clerical assistants, medical transporters, and
21other functions to complement and supplement the department’s
22work with clients. Roles for volunteers shall include
23conservators and guardians. The department shall adopt rules
24for programs which are established.
252. a. The director shall appoint a coordinator of volunteer
26services to oversee the provision of services of volunteer
27conservators and guardians on a volunteer basis to individuals
28in this state requiring such services. The coordinator,
29after consulting with personnel assigned to the district of
30the department, shall recommend to the director how best to
31serve the needs of individuals in need of the services of a
32guardian or conservator. Where possible, the coordinator shall
33recommend that the services be provided on a multicounty basis.
34b. The coordinator shall cooperate with the administrators
35of the divisions of the department in providing these services
-235-1and shall seek out alternative sources for providing the
2services required under this section.
33. All volunteers registered with the department and
4in compliance with departmental rules are considered state
5employees for purposes of chapter 669. However, this section
6does not except a conservator or guardian from an action
7brought under section 658.1A or 658.3. This section does not
8relieve a guardian or conservator from duties under chapter
9633.
10 Sec. 334. Section 217.18, Code 2023, is amended to read as
11follows:
12217.18 Official seal.
13The department shall have an official seal with the words
14“Iowa Department of Health and Human Services” and such other
15design as the department prescribes engraved thereon on the
16seal. Every commission, order, or other paper of an official
17nature executed by the department may be attested with such the
18 seal.
19 Sec. 335. Section 217.19, Code 2023, is amended to read as
20follows:
21217.19 Expenses.
221. The director of said department, and the director’s
23staff, assistants, and employees shall, in addition to salary,
24receive their necessary traveling expenses by the nearest
25traveled and practicable route, when engaged in the performance
26of official business.
272. The department of administrative services shall work
28with the department of human services to develop and implement
29an expense policy applicable to the members of a board,
30commission, committee, or other body under the auspices of the
31department of human services who meet the income requirements
32for payment of per diem in accordance with section 7E.6,
33subsection 2. The policy shall allow for the payment of
34the member’s expenses to be addressed through use of direct
35billings, travel purchase card, prepaid expenses, or other
-236-1alternative means of addressing the expenses in lieu of
2reimbursement of the member.
3 Sec. 336. Section 217.21, Code 2023, is amended to read as
4follows:
5217.21 Annual report.
6The department shall, annually, at the time provided by law
7make a report to the governor and general assembly, and cover
8therein in the report the annual period ending with June 30
9preceding, which report shall embrace include:
101. An itemized statement of its the department’s
11 expenditures concerning each program under its the department’s
12 administration.
132. Adequate and complete statistical reports for the
14state as a whole concerning all payments made under its the
15department’s administration.
163. Such recommendations as to changes in laws under its the
17department’s administration as the director may deem necessary.
184. The observations and recommendations of the director and
19the council on human services relative to the programs of the
20department.
215. Such other information as the director or council on
22human services may deem deems advisable, or which may be
23requested by the governor or by the general assembly.
24 Sec. 337. Section 217.23, Code 2023, is amended to read as
25follows:
26217.23 Personnel — merit system — reimbursement for damaged
27property.
281. The director of human services or the director’s
29designee, shall employ such personnel as are necessary for the
30performance of the duties and responsibilities assigned to
31the department. All employees shall be selected on a basis
32of fitness for the work to be performed with due regard to
33training and experience and shall be subject to the provisions
34of chapter 8A, subchapter IV.
352. The department may expend moneys from the support
-237-1allocation of the department as reimbursement for replacement
2or repair of personal items of the department’s employees
3damaged or destroyed by clients of the department during the
4employee’s tour of duty. However, the reimbursement shall not
5exceed three hundred dollars for each item. The department
6shall establish rules in accordance with chapter 17A to carry
7out the purpose of this section.
8 Sec. 338. Section 217.24, Code 2023, is amended to read as
9follows:
10217.24 Payment by electronic funds transfer.
11The department of human services shall continue expanding
12the practice of making payments to program participants and
13vendors by means of electronic funds transfer. The department
14shall seek the capacity for making payment by such means for
15all programs administered by the department.
16 Sec. 339. Section 217.32, Code 2023, is amended to read as
17follows:
18217.32 Office space in county.
19Where When the department of human services assigns
20personnel to an office located in a county for the purpose of
21performing in that county designated eligibility for economic
22and medical assistance programs and protective services duties
23and responsibilities assigned by law to the department, it
24shall be the responsibility of the county to provide and
25maintain the necessary office space and office supplies and
26equipment for the personnel so assigned in the same manner as
27if they were employees of the county. The department shall at
28least annually, or more frequently if the department so elects,
29reimburse the county for a portion, designated by law, of the
30cost of maintaining office space and providing supplies and
31equipment as required by this section, and also for a similar
32portion of the cost of providing the necessary office space if
33in order to do so it is necessary for the county to lease office
34space outside the courthouse or any other building owned by the
35county. The portion of the foregoing costs reimbursed to the
-238-1county under this section shall be equivalent to the proportion
2of those costs which the federal government authorizes to be
3paid from available federal funds, unless the general assembly
4directs otherwise when appropriating funds for support of the
5department.
6 Sec. 340. Section 217.33, Code 2023, is amended to read as
7follows:
8217.33 Legal services.
9The director of human services pursuant to a state plan
10funded in part by the federal government may provide services
11for eligible persons by contract with nonprofit legal aid
12organizations.
13 Sec. 341. Section 217.34, Code 2023, is amended to read as
14follows:
15217.34 Debt setoff.
16The investigations division of the department of inspections
17and appeals and the department of human services shall provide
18assistance to set off against a person’s or provider’s income
19tax refund or rebate any debt which has accrued through written
20contract, nonpayment of premiums pursuant to section 249A.3,
21subsection 2, paragraph “a”, subparagraph (1), subrogation,
22departmental recoupment procedures, or court judgment and which
23is in the form of a liquidated sum due and owing the department
24of human services. The department of inspections and appeals,
25with approval of the department of human services, shall adopt
26rules under chapter 17A necessary to assist the department of
27administrative services in the implementation of the setoff
28under section 8A.504 in regard to money owed to the state for
29public assistance overpayments or nonpayment of premiums as
30specified in this section. The department of human services
31 shall adopt rules under chapter 17A necessary to assist the
32department of administrative services in the implementation of
33the setoff under section 8A.504, in regard to collections by
34the child support recovery unit services and the foster care
35recovery unit services.
-239-1 Sec. 342. Section 217.35, Code 2023, is amended to read as
2follows:
3217.35 Fraud and recoupment activities.
4Notwithstanding the requirement for deposit of recovered
5moneys under section 239B.14, recovered moneys generated
6through fraud and recoupment activities are appropriated to
7the department of human services to be used for additional
8fraud and recoupment activities performed by the department of
9human services or the department of inspections and appeals.
10The department of human services may use the recovered
11moneys appropriated to add not more than five full-time
12equivalent positions, in addition to those funded by annual
13appropriations. The appropriation of the recovered moneys is
14subject to both of the following conditions:
151. The director of human services determines that the
16investment can reasonably be expected to increase recovery of
17assistance paid in error, due to fraudulent or nonfraudulent
18actions, in excess of the amount recovered in the previous
19fiscal year.
202. The amount expended for the additional fraud and
21recoupment activities shall not exceed the amount of the
22projected increase in assistance recovered.
23 Sec. 343. Section 217.36, Code 2023, is amended to read as
24follows:
25217.36 Distribution of earned income tax credit information.
261. The department shall ensure that educational materials
27relating to the federal and state earned income tax credits
28are provided in accordance with this section to each household
29receiving assistance or benefits under:
30a. The hawk-i Hawki program under chapter 514I.
31b. The family investment program under chapter 239B.
32c. The medical assistance Act program under chapter 249A.
33d. The food programs defined in section 234.1 which are
34administered by the department.
35e. Any other appropriate programs administered by, or under
-240-1the oversight of, the department of human services.
22. The department shall, by mail or through the internet,
3provide a household described in subsection 1 with access to:
4a. Internal revenue service publications relating to the
5federal earned income tax credit.
6b. Department of revenue publications relating to the state
7earned income tax credit.
8c. Information prepared by tax preparers who provide
9volunteer or free federal or state income tax preparation
10services to low-income and other eligible persons and who are
11located in close geographic proximity to the person.
123. In January of each year, the department or a
13representative of the department shall mail to each household
14described in subsection 1 information about the federal and
15state earned income tax credit that provides the household with
16referrals to the resources described in subsection 2.
174. The mailings required by the department under this
18section do not have to be made as a separate mailing but may
19be included in existing mailings being made to the appropriate
20households.
21 Sec. 344. Section 217.40, Code 2023, is amended to read as
22follows:
23217.40 Training for guardians and conservators.
24The department of human services, or a person designated
25by the director, shall establish training programs designed
26to assist all duly appointed guardians and conservators in
27understanding their fiduciary duties and liabilities, the
28special needs of the ward, and how to best serve the ward and
29the ward’s interests.
30 Sec. 345. Section 217.41, Code 2023, is amended to read as
31follows:
32217.41 Refugee services foundation.
331. The department of human services shall cause a refugee
34services foundation to be created for the sole purpose of
35engaging in refugee resettlement activities to promote the
-241-1welfare and self-sufficiency of refugees who live in Iowa and
2who are not citizens of the United States. The foundation may
3establish an endowment fund to assist in the financing of its
4activities. The foundation shall be incorporated under chapter
5504.
62. The foundation shall be created in a manner so that
7donations and bequests to the foundation qualify as tax
8deductible under federal and state income tax laws. The
9foundation is not a state agency and shall not exercise
10sovereign power of the state. The state is not liable for any
11debts of the foundation.
123. The refugee services foundation shall have a board
13of directors of five members. One member shall be appointed
14by the governor and four members shall be appointed by the
15director of human services. Members of the board shall serve
16three-year terms beginning on July 1, and ending on June 30. A
17vacancy on the board shall be filled in the same manner as the
18original appointment for the remainder of the term. Not more
19than two members appointed by the director of human services
20 shall be of the same gender or of the same political party.
214. The refugee services foundation may accept and
22administer trusts deemed by the board to be beneficial.
23Notwithstanding section 633.63, the foundation may act as
24trustee of such a trust.
25 Sec. 346. Section 217.41B, subsection 1, Code 2023, is
26amended to read as follows:
271. The department of human services shall discontinue the
28Medicaid family planning network waiver effective July 1, 2017,
29and shall instead establish a state family planning services
30program. The state program shall replicate the eligibility
31requirements and other provisions included in the Medicaid
32family planning network waiver as approved by the centers for
33Medicare and Medicaid services of the United States department
34of health and human services in effect on June 30, 2017.
35 Sec. 347. Section 217.41B, subsection 3, paragraph a,
-242-1subparagraph (2), Code 2023, is amended to read as follows:
2(2) The department of human services shall adopt rules
3pursuant to chapter 17A to require that as a condition of
4eligibility as a provider under the family planning services
5program, each distinct location of a nonprofit health care
6delivery system shall enroll in the program as a separate
7provider, be assigned a distinct provider identification
8number, and complete an attestation that abortions are not
9performed at the distinct location.
10 Sec. 348. Section 217.41C, subsection 1, paragraph a, Code
112023, is amended to read as follows:
12a. The department of human services shall create the more
13options for maternal support program, a statewide program to
14promote healthy pregnancies and childbirth through nonprofit
15organizations that provide pregnancy support services.
16 Sec. 349. Section 217.41C, subsection 3, unnumbered
17paragraph 1, Code 2023, is amended to read as follows:
18The department of human services shall issue a request for
19proposals to select a program administrator for the program.
20A program administrator shall meet all of the following
21requirements:
22 Sec. 350. Section 217.41C, subsections 5 and 6, Code 2023,
23are amended to read as follows:
245. The department of human services shall publish the
25program administrator and subcontractor criteria on the
26department’s internet site.
276. The department of human services shall adopt rules
28pursuant to chapter 17A to administer the program, and shall
29provide technical assistance to the program administrator,
30monitor the program administrator for adherence to state and
31federal requirements, and collect and maintain program data.
32 Sec. 351. Section 217.41C, subsection 7, unnumbered
33paragraph 1, Code 2023, is amended to read as follows:
34Beginning October 1, 2023, and on or before October
351 annually thereafter, the department of human services
-243-1 shall submit to the general assembly the following program
2information relative to the prior fiscal year:
3 Sec. 352. Section 217.42, Code 2023, is amended to read as
4follows:
5217.42 Service areas — County offices.
61. The organizational structure to deliver the department’s
7field services shall be based upon service areas designated by
8the department. The service areas shall serve as a basis for
9providing field services to persons residing in the counties
10comprising the service area.
112. 1. The department shall maintain an office in each
12county. Based on the annual appropriations for field
13operations, the department shall strive to maintain a full-time
14presence in each county. If it is not possible to maintain a
15full-time presence in each county, the department shall provide
16staff based on its caseweight system to assure the provision of
17services. The department shall consult with the county boards
18of supervisors of those counties regarding staffing prior to
19any modification of office hours.
203. 2. A county or group of counties may voluntarily enter
21into a chapter 28E agreement with the department to provide
22funding or staff persons to deliver field services in county
23offices. The agreement shall cover the full fiscal year but
24may be revised by mutual consent.
25 Sec. 353. Section 217.43, Code 2023, is amended to read as
26follows:
27217.43 Service area County advisory boards — location of
28county offices.
291. a. The department shall establish a service area one
30or more advisory board in each service area boards. Each of
31the county boards of supervisors of the counties comprising
32the service area shall appoint two service area advisory board
33members. All of the following requirements apply to the
34appointments made by a county board of supervisors:
35(1) The membership shall be appointed in accordance with
-244-1section 69.16, relating to political affiliation, and section
269.16A, relating to gender balance.
3(2) Not more than one of the members shall be a member of
4the board of supervisors.
5(3) Appointments shall be made on the basis of interest in
6maintaining and improving service delivery.
7b. Appointments shall be made a part of the regular
8proceedings of the board of supervisors and shall be filed with
9the county auditor and the service area manager department. A
10vacancy on the board shall be filled in the same manner as the
11original appointment.
12c. The boards of supervisors shall develop and agree to
13other organizational provisions involving the advisory board,
14including reporting requirements.
152. The purpose of the advisory boards is to improve
16communication and coordination between the department and the
17counties and to advise the department regarding maintenance and
18improvement of service delivery in the counties and communities
19comprising the service areas.
203. The department shall determine the community in which
21each county office will be located. The county board of
22supervisors shall determine the location of the office space
23for the county office. The county board of supervisors shall
24make reasonable efforts to collocate the office with other
25state and local government or private entity offices in order
26to maintain the offices in a cost-effective location that is
27convenient to the public.
28 Sec. 354. Section 217.44, Code 2023, is amended to read as
29follows:
30217.44 Service areas Department offices — employee and
31volunteer record checks.
321. The record check evaluation system of the department
33shall conduct criminal and child and dependent adult abuse
34record checks of persons who are potential employees,
35employees, potential volunteers, and volunteers in service area
-245-1 department offices in a position having direct contact with the
2department’s clients. The record checks shall be performed in
3this state and the department record check evaluation system
4 may conduct these checks in other states. If the department
5 record check evaluation system determines that a person has
6been convicted of a crime or has a record of founded child or
7dependent adult abuse, the department record check evaluation
8system shall perform an evaluation to determine whether the
9crime or founded abuse warrants prohibition of the person’s
10employment or participation as a volunteer. The record checks
11and evaluation shall be performed in accordance with procedures
12adopted for this purpose by the department.
132. In an evaluation, the department record check evaluation
14system shall consider the nature and seriousness of the crime
15or founded child or dependent adult abuse in relation to the
16position sought or held, the time elapsed since the commission
17of the crime or founded abuse, the circumstances under which
18the crime or founded abuse was committed, the degree of
19rehabilitation, the likelihood that the person will commit
20the crime or founded abuse again, and the number of crimes or
21founded abuses committed by the person involved.
223. The department record check evaluation system may permit
23a person who is evaluated to be employed or to participate as a
24volunteer if the person complies with the department’s record
25check evaluation system’s conditions relating to employment or
26participation as a volunteer which may include completion of
27additional training.
284. If the department record check evaluation system
29 determines that the person has committed a crime or has a
30record of founded child or dependent adult abuse which warrants
31prohibition of employment or participation as a volunteer, the
32person shall not be employed by or participate as a volunteer
33in a department service area office in a position having direct
34contact with the department’s clients.
35 Sec. 355. Section 217.45, subsection 1, unnumbered
-246-1paragraph 1, Code 2023, is amended to read as follows:
2A background investigation may be conducted by the
3department of human services on all of the following
4individuals:
5 Sec. 356. Section 218.1, Code 2023, is amended to read as
6follows:
7218.1 Institutions controlled.
8The director of human services shall have the general and
9full authority given under statute to control, manage, direct,
10and operate the following institutions under the director’s
11jurisdiction, and may at the director’s discretion assign
12the powers and authorities given the director by statute to
13any one of the deputy directors, division administrators, or
14officers or employees of the divisions of the department of
15human services a superintendent:
161. Glenwood state resource center.
172. Woodward state resource center.
183. Mental health institute, Cherokee, Iowa.
194. Mental health institute, Independence, Iowa.
205. State training school.
216. Iowa juvenile home.
227. 6. Other facilities not attached to the campus of the
23main institution as program developments require.
24 Sec. 357. Section 218.2, Code 2023, is amended to read as
25follows:
26218.2 Powers of governor — report of abuses.
271. Nothing contained in section 218.1 shall limit the
28general supervisory or examining powers vested in the governor
29by the laws or Constitution of the State of Iowa, or legally
30vested by the governor in any committee appointed by the
31governor.
322. The administrator superintendent to whom primary
33responsibility for a particular institution has been assigned
34shall make reports to the director of human services as are
35 requested by the director and the director shall report, in
-247-1writing, to the governor any abuses found to exist in any of
2the institutions.
3 Sec. 358. Section 218.3, Code 2023, is amended to read as
4follows:
5218.3 Definitions.
6For the purposes of this chapter, unless the context
7otherwise requires:
81. “Administrator” means the person to whom the director
9of human services has assigned power and authority over an
10institution in accordance with section 218.1. “Council” means
11the council on health and human services.
122. “Department” means the department of health and human
13services.
143. “Director” means the director of health and human
15services.
162. 4. “Institution” means an institution listed in section
17218.1.
185. “Resident” means a person committed or admitted to an
19institution and is synonymous with patient, as appropriate to
20the institution.
216. “Superintendent” means the person to whom primary
22responsibility for a particular institution has been assigned.
23 Sec. 359. Section 218.4, Code 2023, is amended to read as
24follows:
25218.4 Recommendation for rules.
261. The administrators of particular institutions department
27 shall recommend to the council on human services for adoption
28such rules not inconsistent with law as they may deem necessary
29for the discharge of their duties, the management of each
30of such the institutions, and the admission, of residents
31thereto and the treatment, care, custody, education and
32discharge of residents. It is made the duty of the particular
33administrators department to establish rules by which danger
34to life and property from fire will be minimized. In the
35discharge of their duties and in the enforcement of their
-248-1rules, they The department may require any of their appointees
2to perform duties in addition to those required by statute.
32. Rules adopted by the council pursuant to chapter 17A
4shall be uniform and shall apply to all institutions under the
5particular administrator and to all other institutions under
6the administrator’s department’s jurisdiction. The primary
7rules for use in institutions where persons with mental illness
8are served shall, unless otherwise indicated, uniformly apply
9to county or private hospitals in which persons with mental
10illness are served, but the rules shall not interfere with
11proper medical treatment administered to patients such persons
12 by competent physicians. Annually, signed copies of the rules
13shall be sent to the superintendent of each institution or
14hospital under the control or supervision of a particular
15administrator. Copies shall also be sent to the clerk of each
16district court, the chairperson of the board of supervisors
17of each county and, as appropriate, to the officer in charge
18of institutions or hospitals caring for persons with mental
19illness in each county who shall be responsible for seeing
20that the rules are posted in each institution or hospital in a
21prominent place. The rules shall be kept current to meet the
22public need and shall be revised and published annually.
233. The state fire marshal shall cause to be made an annual
24inspection of all the institutions listed in section 218.1 and
25shall make provide a written report thereof of each inspection
26 to the particular administrator of the state department of
27human services in control of such institution.
28 Sec. 360. Section 218.5, Code 2023, is amended to read as
29follows:
30218.5 Fire protection contracts.
31The administrators shall have power to department may
32 enter into contracts with the governing body of any city or
33other municipal corporation for the protection from fire of
34any property under the administrators’ department’s primary
35control, located in any municipal corporation or in territory
-249-1contiguous to the municipal corporation, upon terms as may be
2agreed upon.
3 Sec. 361. Section 218.6, Code 2023, is amended to read as
4follows:
5218.6 Transfer of appropriations made to institutions.
61. Notwithstanding section 8.39, subsection 1, without the
7prior written consent and approval of the governor and the
8director of the department of management, the director of human
9services may transfer funds between the appropriations made for
10the institutions, listed as follows:
11a. The state resource centers.
12b. The state mental health institutes.
13c. The state training school.
14d. The civil commitment unit for sexual offenders.
152. The department shall report any transfer made pursuant
16to subsection 1 during a fiscal quarter to the legislative
17services agency within thirty days of the beginning of the
18subsequent fiscal quarter.
19 Sec. 362. Section 218.9, Code 2023, is amended to read as
20follows:
21218.9 Appointment of superintendents.
221. The administrator in charge of an institution, subject to
23the approval of the director of human services, shall appoint
24the superintendent of the institution. The tenure of office of
25a superintendent shall be at the pleasure of the administrator
26 director. The administrator director may transfer a
27superintendent or warden from one institution to another.
282. The superintendent or warden shall have immediate
29custody and control, subject to the orders and policies of the
30administrator in charge of the institution director, of all
31property used in connection with the institution except as
32provided in this chapter.
33 Sec. 363. Section 218.10, Code 2023, is amended to read as
34follows:
35218.10 Subordinate officers and employees.
-250- 1The administrator in charge of a particular institution,
2with the consent and approval of the director of human
3services, shall determine the number of subordinate officers
4and employees for the institution. Subject to this chapter,
5the officers and employees shall be appointed and discharged
6by the superintendent or business manager the superintendent’s
7designee pursuant to chapter 8A, subchapter IV. The
8superintendent shall keep, in the record of each subordinate
9officer and employee, the date of employment, the compensation,
10and the date of each discharge, and the reasons for discharge.
11 Sec. 364. Section 218.12, Code 2023, is amended to read as
12follows:
13218.12 Bonds.
14The administrator in charge of any particular institution
15shall require each Each officer and any employee of such
16administrator and of every an institution under the
17administrator’s control who may be charged with the custody
18or control of any money or property belonging to the state to
19give shall provide an official bond, properly conditioned,
20and signed by sufficient sureties in a sum to be fixed by
21the administrator director, which bond shall be approved by
22the administrator director, and filed in the office of the
23secretary of state.
24 Sec. 365. Section 218.13, Code 2023, is amended to read as
25follows:
26218.13 Record checks.
271. For the purposes of this section, unless the context
28otherwise requires:
29a. “Department” means the department of human services.
30b. “Institution” means an institution controlled by the
31department as described in section 218.1.
32c. “Resident” means a person committed or admitted to an
33institution.
342. 1. If a person is being considered for employment
35involving direct responsibility for a resident or with access
-251-1to a resident when the resident is alone, or if a person
2will reside in a facility utilized by an institution, and
3if the person has been convicted of a crime or has a record
4of founded child or dependent adult abuse, the record check
5evaluation system of the department shall perform an evaluation
6to determine whether the crime or founded abuse warrants
7prohibition of employment or residence in the facility. The
8department record check evaluation system shall conduct
9criminal and child and dependent adult abuse record checks of
10the person in this state and may conduct these checks in other
11states. The investigation and evaluation shall be performed
12in accordance with procedures adopted for this purpose by the
13department.
143. 2. If the department record check evaluation system
15 determines that a person, who is employed by an institution
16or resides in a facility utilized by an institution, has
17been convicted of a crime or has a record of founded child
18or dependent adult abuse, the department record check
19evaluation system shall perform an evaluation to determine
20whether prohibition of the person’s employment or residence is
21warranted. The evaluation shall be performed in accordance
22with procedures adopted for this purpose by the department.
234. 3. In an evaluation, the department record check
24evaluation system shall consider the nature and seriousness of
25the crime or founded child or dependent adult abuse in relation
26to the position sought or held, the time elapsed since the
27commission of the crime or founded abuse, the circumstances
28under which the crime or founded abuse was committed, the
29degree of rehabilitation, the likelihood that the person will
30commit the crime or founded abuse again, and the number of
31crimes or founded abuses committed by the person involved.
32The department record check evaluation system may permit
33a person who is evaluated to be employed or reside or to
34continue employment or residence if the person complies with
35the department’s record check evaluation system’s conditions
-252-1relating to employment or residence which may include
2completion of additional training.
35. 4. If the department record check evaluation system
4 determines that the person has committed a crime or has a
5record of founded child or dependent adult abuse which warrants
6prohibition of employment or residence, the person shall not
7be employed by an institution or reside in a facility utilized
8by an institution.
9 Sec. 366. Section 218.14, Code 2023, is amended to read as
10follows:
11218.14 Dwelling of superintendent or other employee.
121. The administrator having control over an institution
13may, with consent of the director of human services, may
14 furnish the superintendent of the institution, in addition
15to salary, with a dwelling or with appropriate quarters in
16lieu of the dwelling, or the administrator may compensate the
17superintendent of the institution in lieu of furnishing a
18dwelling or quarters. If the superintendent of the institution
19is furnished with a dwelling or quarters, either of which is
20owned by the state, the superintendent may also be furnished
21with water, heat, and electricity.
222. The administrator having control over an institution
23 director may furnish assistant superintendents or other
24employees, or both, with a dwelling or with appropriate
25quarters, owned by the state. The assistant superintendent or
26employee, who is so furnished, shall pay rent for the dwelling
27or quarters in an amount to be determined by the superintendent
28of the institution director, which shall be the fair market
29rental value of the dwelling or quarters. If an assistant
30superintendent or employee is furnished with a dwelling or
31quarters, either of which is owned by the state, the assistant
32superintendent or employee may also be furnished with water,
33heat, and electricity. However, the furnishing of these
34utilities shall be considered in determining the fair market
35rental value of the dwelling or quarters.
-253-1 Sec. 367. Section 218.15, Code 2023, is amended to read as
2follows:
3218.15 Salaries — how paid.
4The salaries and wages shall be included in the semimonthly
5payrolls and paid in the same manner as other expenses of the
6several institutions.
7 Sec. 368. Section 218.17, Code 2023, is amended to read as
8follows:
9218.17 Authorized leave.
10Vacations and sick leave with pay as authorized in section
1170A.1 shall only be taken at such times as the superintendent
12or the business manager superintendent’s designee in charge
13of an officer or employee, as the case may be, may direct,
14and only after written authorization by the superintendent or
15business manager the superintendent’s designee, and for the
16number of days specified in the authorization. A copy of the
17authorization shall be attached to the institution’s copy of
18the payroll of the institution, for audit purposes, for the
19period during which the vacation was taken, and the semimonthly
20payroll shall show the number of days the person was absent
21under the authorization.
22 Sec. 369. Section 218.21, Code 2023, is amended to read as
23follows:
24218.21 Record of residents.
25The administrator of the department of human services in
26control of a state institution director shall, as to every
27person committed to any of the institutions, keep the following
28record:
291. Name.
302. Residence.
313. Sex.
324. Age.
335. Nativity.
346. Occupation.
357. Civil condition.
-254- 18. Date of entrance or commitment.
29. Date of discharge.
310. Whether a discharge was final.
411. Condition of the person when discharged.
512. The name of the institutions from which and to which
6such person has been transferred.
713. If dead deceased, the date and cause of the person’s
8death.
9 Sec. 370. Section 218.22, Code 2023, is amended to read as
10follows:
11218.22 Record privileged.
12Except with the consent of the administrator in charge of an
13institution director, or on an order of a court of record, the
14record provided in section 218.21 shall be accessible only to
15the administrator of the division of the department of human
16services in control of such institution, the director of the
17department of human services and to assistants and proper
18clerks authorized by such administrator or the administrator’s
19 the director. The administrator of the division of such
20institution is authorized to director may permit the division
21of library services of the department of education and the
22historical division of the department of cultural affairs to
23copy or reproduce by any photographic, photostatic, microfilm,
24microcard or other process which accurately reproduces a
25durable medium for reproducing the original and to destroy
26in the manner described by law such records of residents
27designated in section 218.21.
28 Sec. 371. Section 218.23, Code 2023, is amended to read as
29follows:
30218.23 Reports to administrator director.
31The superintendent of an institution shall, within ten
32days after the commitment or entrance of a person to the
33institution, cause a true copy of the person’s entrance record
34to be made and forwarded to the administrator in control of
35the institution director or the director’s designee. When a
-255-1patient or resident leaves, or is discharged, or transferred
2from, or dies in an institution, the superintendent or person
3in charge shall within ten days after that date send the
4information to the office of the institution’s administrator
5 director or the director’s designee on forms which the
6administrator director prescribes.
7 Sec. 372. Section 218.24, Code 2023, is amended to read as
8follows:
9218.24 Questionable commitment.
10The superintendent is required to shall immediately
11notify the administrator in control of the superintendent’s
12particular institution director if there is any question as
13to the propriety of the commitment or detention of any person
14received at such an institution, and said administrator the
15director, upon such notification, shall inquire into the matter
16presented, and take such proper action as may be deemed proper
17in the premises.
18 Sec. 373. Section 218.26, Code 2023, is amended to read as
19follows:
20218.26 Religious worship.
21Any such resident, during the time of the resident’s
22detention, shall be allowed, for at least one hour on each
23Sunday weekly and in times of extreme sickness, and at such
24other suitable and reasonable times as is consistent with the
25resident’s religious belief and proper discipline in said
26 the institution, to receive spiritual advice, instruction,
27and ministration from any recognized member of the clergy of
28the church or denomination which represents the resident’s
29religious belief.
30 Sec. 374. Section 218.27, Code 2023, is amended to read as
31follows:
32218.27 Religious belief of minors.
33In case such If a resident is a minor and has formed no
34choice, the minor’s preference may, at any time, be expressed
35by the minor with the approval of parents or guardian, if the
-256-1minor has any such a parent or guardian.
2 Sec. 375. Section 218.28, Code 2023, is amended to read as
3follows:
4218.28 Investigation.
5The administrator of the department of human services in
6control of a particular institution or the administrator’s
7authorized officer or employee director or the director’s
8designee shall visit, and minutely examine, at least once in
9six months, and more often if necessary or required by law,
10the institutions under such administrator’s control, and the
11financial condition and management thereof of the institutions.
12 Sec. 376. Section 218.29, Code 2023, is amended to read as
13follows:
14218.29 Scope of investigation.
15The administrator of the department of human services in
16control of a particular institution or the administrator’s
17authorized officer or employee director or the director’s
18designee shall, during such investigation and as far as
19possible, see every resident of each institution, especially
20those admitted since the director’s or the director’s
21designee’s preceding visit, and shall give such residents as
22may require it, suitable opportunity to converse with such
23administrator or authorized officer or employee the director or
24the director’s designee apart from the officers and attendants.
25 Sec. 377. Section 218.30, Code 2023, is amended to read as
26follows:
27218.30 Investigation of other institutions facilities.
28The administrators to whom control of institutions has been
29assigned, or their authorized officers or employees, director
30 may investigate or cause the investigation of charges of abuse,
31neglect, or mismanagement on the part of an officer or employee
32of a private institution facility which is subject to the
33administrator’s particular director’s supervision or control.
34The administrator who has been assigned to have authority over
35the state mental health institutes, or the administrator’s
-257-1authorized officer or employee, director shall also investigate
2or cause the investigation of charges concerning county care
3facilities in which persons with mental illness are served.
4 Sec. 378. Section 218.31, Code 2023, is amended to read as
5follows:
6218.31 Witnesses.
7In aid of any investigation the administrator shall have
8the power to department may summon and compel the attendance
9of witnesses; to examine the witnesses under oath, which the
10administrator shall have power to director or the director’s
11designee may administer; to have access to all books, papers,
12and property material to such investigation; and to order
13the production of any other books or papers material to the
14investigation. Witnesses other than those in the employ of the
15state shall be entitled to the same fees as in civil cases in
16the district court.
17 Sec. 379. Section 218.32, Code 2023, is amended to read as
18follows:
19218.32 Contempt.
20Any person failing or refusing to obey the orders of the
21administrator department issued under section 218.31, or to
22give or produce evidence when required, shall be reported by
23the administrator department to the district court in the
24county where the offense occurs, and shall be dealt with by the
25court as for contempt of court.
26 Sec. 380. Section 218.33, Code 2023, is amended to read as
27follows:
28218.33 Transcript of testimony.
29The particular administrator involved department shall cause
30the testimony taken at such investigation to be transcribed and
31filed in the administrator’s office at the seat of government
32 with the department within ten days after the same testimony
33 is taken, or as soon thereafter as practicable, and when so
34 filed the same testimony shall be open for the inspection of
35any person.
-258-1 Sec. 381. Section 218.41, Code 2023, is amended to read as
2follows:
3218.41 Custody.
4When a resident of an institution is so working outside the
5institution proper, the resident shall be deemed is at all
6times in the actual custody of the head superintendent of the
7institution.
8 Sec. 382. Section 218.42, Code 2023, is amended to read as
9follows:
10218.42 Wages of residents.
11If a resident performs services for the state at an
12institution listed in section 218.1, the administrator in
13control of the institution department shall pay the resident
14a wage in accordance with federal wage and hour requirements.
15However, the wage amount shall not exceed the amount of the
16prevailing wage paid in the state for a like service or its
17equivalent.
18 Sec. 383. Section 218.43, Code 2023, is amended to read as
19follows:
20218.43 Deduction to pay court costs.
21If wages are paid to a resident pursuant to section
22218.42, the administrator in control of an institution listed
23in section 218.1 department may deduct from the wages an
24amount sufficient to pay all or a part of the costs taxed
25to the resident by reason of the resident’s commitment to
26the institution. In such case the amount so deducted shall
27be forwarded to the clerk of the district court or proper
28official.
29 Sec. 384. Section 218.44, Code 2023, is amended to read as
30follows:
31218.44 Wages paid to dependent — deposits.
32If wages are paid to a resident pursuant to section 218.42,
33the administrator in control of an institution listed in
34section 218.1 department may pay all or any part of the wages
35directly to any dependent of the resident. The administrator
-259-1 department may also deposit the wages to the account of the
2resident, or may so deposit part of the wages and allow the
3resident a portion for the resident’s own personal use, or
4may pay to the county of commitment all or any part of the
5resident’s care, treatment, or subsistence while at said the
6 institution from any credit balance accruing to the account of
7the resident.
8 Sec. 385. Section 218.45, Code 2023, is amended to read as
9follows:
10218.45 Conferences.
11Quarterly conferences of the superintendents of the
12institutions shall be held with the administrator in control
13of the institutions director at Des Moines or at institutions
14under the administrator’s director’s jurisdiction, for the
15consideration of all matters relative to the management of
16the institutions. Full minutes of the conferences shall be
17preserved in the records of the administrator department.
18The administrator in control director may cause papers on
19appropriate subjects to be prepared and read presented at the
20conferences.
21 Sec. 386. Section 218.46, Code 2023, is amended to read as
22follows:
23218.46 Scientific investigation.
241. The administrator who is in charge of an institution
25 director shall encourage the scientific investigation, on
26the part of the superintendent and medical staff of the
27institution, as to the most successful methods of institutional
28management and treating treatment of the persons committed to
29the institution. In addition, the administrator department
30 shall procure and furnish to the superintendent and medical
31staff information relative to such management and treatment
32and, from time to time, publish bulletins and reports of
33scientific and clinical work done in that type of institution.
342. The administrators of such state institutions are
35authorized to department may provide services and facilities
-260-1for the scientific observation, rechecking, and treatment of
2persons with mental illness within the state. Application by,
3or on behalf of, any person for such services and facilities
4shall be made to the administrator in charge of the particular
5institution involved and shall be made director on forms
6furnished by such administrator the department. The time and
7place of admission of any person to outpatient or clinical
8services and facilities for scientific observation, rechecking,
9 and treatment and the use of such services and facilities for
10the benefit of persons who have already been hospitalized
11for psychiatric evaluation and appropriate treatment or
12involuntarily hospitalized as seriously mentally ill shall
13be in accordance with rules and regulations adopted by the
14administrator in control of the particular institution involved
15 department.
16 Sec. 387. Section 218.47, Code 2023, is amended to read as
17follows:
18218.47 Monthly report.
19The superintendent or business manager of each institution
20or the superintendent’s designee shall, on the first day of
21each month, account to the administrator in control of the
22particular institution director or the director’s designee for
23all state funds received during the preceding month, and, at
24the same time, remit the accounting to the treasurer of state.
25 Sec. 388. Section 218.48, Code 2023, is amended to read as
26follows:
27218.48 Annual reports.
28The superintendent or business manager of each institution
29or the superintendent’s designee shall make an annual report
30to the administrator in control of the particular institution
31 director and include in the report a detailed and accurate
32inventory of the stock and supplies on hand, and their amount
33and value, under the following headings:
341. Livestock.
352. Farm produce on hand.
-261- 13. Vehicles.
24. Agricultural implements.
35. Machinery.
46. Mechanical fixtures.
57. Real estate.
68. Furniture.
79. Bedding in residents’ department.
810. State property in superintendent’s department.
911. Clothing.
1012. Dry goods.
1113. Provisions and groceries.
1214. Drugs and medicine.
1315. Fuel.
1416. Library.
1517. All other state property under appropriate headings
16to be determined by the particular administrator involved
17 director.
18 Sec. 389. Section 218.49, Code 2023, is amended to read as
19follows:
20218.49 Contingent fund.
21The administrator in control of an institution director
22 may permit the superintendent or the business manager of
23each institution or the superintendent’s designee to retain
24a stated amount of funds under the superintendent’s or
25business manager’s superintendent’s designee’s supervision
26as a contingent fund for the payment of freight, postage,
27commodities purchased on authority of the particular
28superintendent or business manager involved on a cash basis,
29salaries, and bills granting discount for cash.
30 Sec. 390. Section 218.50, Code 2023, is amended to read as
31follows:
32218.50 Requisition for contingent fund.
33If necessary, the director of the department of human
34services shall make proper requisition upon the director of
35the department of administrative services for a warrant on the
-262-1state treasurer to secure the said contingent fund for each
2institution.
3 Sec. 391. Section 218.51, Code 2023, is amended to read as
4follows:
5218.51 Monthly reports of contingent fund.
6A monthly report of the status of such the contingent fund
7shall be submitted by the proper officer of said superintendent
8of each institution or the superintendent’s designee to
9the administrator in control of the institution involved
10and such director or the director’s designee in accordance
11with applicable rules as such administrator may establish
12 established by the director.
13 Sec. 392. Section 218.52, Code 2023, is amended to read as
14follows:
15218.52 Supplies — competition.
16The administrator in control of a state institution
17 department shall, in the purchase of supplies, afford all
18reasonable opportunity for competition, and shall give
19preference to local dealers and Iowa producers when such can be
20done without loss to the state.
21 Sec. 393. Section 218.55, Code 2023, is amended to read as
22follows:
23218.55 Purchase from an institution.
24An administrator The department may purchase supplies of
25any institution under the administrator’s control, for use in
26any other institution under the administrator’s control, and
27reasonable payment for the supplies shall be made as in the
28case of other purchases.
29 Sec. 394. Section 218.56, Code 2023, is amended to read as
30follows:
31218.56 Purchase of supplies — vendor warrants.
321. The administrators department shall, from time to time,
33 adopt and make of record rules and regulations governing the
34purchase of all articles and supplies needed at the various
35institutions under their control and the form and verification
-263-1of vouchers for such purchases.
22. The department of human services shall mail vendor
3warrants for the department of corrections.
4 Sec. 395. Section 218.57, Code 2023, is amended to read as
5follows:
6218.57 Combining appropriations.
7The director of the department of administrative services
8may combine the balances carried in all specific appropriations
9into a special account for each institution under the control
10of a particular administrator, except that the support fund for
11each institution shall be carried as a separate account.
12 Sec. 396. Section 218.58, Code 2023, is amended to read as
13follows:
14218.58 Construction, repair, and improvement projects —
15emergencies.
16The department shall work with the department of
17administrative services to accomplish the following
18responsibilities:
191. The department shall prepare and submit to the director
20of the department of management, as provided in section
218.23, a multiyear construction program including estimates of
22the expenditure requirements for the construction, repair,
23or improvement of buildings, grounds, or equipment at the
24institutions listed in section 218.1.
252. The director department shall have plans and
26specifications prepared by the department of administrative
27services for authorized construction, repair, or improvement
28projects costing over the competitive bid threshold in section
2926.3, or as established in section 314.1B. An appropriation
30for a project shall not be expended until the department of
31administrative services has adopted plans and specifications
32and has completed a detailed estimate of the cost of the
33project, prepared under the supervision of a licensed architect
34or licensed professional engineer. Plans and specifications
35shall not be adopted and a project shall not proceed if the
-264-1project would require an expenditure of money in excess of the
2appropriation.
33. The department of administrative services shall comply
4with the competitive bid procedures in chapter 26 to let all
5contracts under chapter 8A, subchapter III, for authorized
6construction, repair, or improvement of departmental buildings,
7grounds, or equipment.
84. If the director of the department of human services
9 and the director of the department of administrative services
10determine that emergency repairs or improvements estimated
11to cost more than the competitive bid threshold in section
1226.3, or as established in section 314.1B are necessary to
13assure the continued operation of a departmental institution,
14the requirements of subsections 2 and 3 for preparation
15of plans and specifications and competitive procurement
16procedures are waived. A determination of necessity for
17waiver by the director of the department of human services
18 and the director of the department of administrative services
19shall be in writing and shall be entered in the project
20record for emergency repairs or improvements. Emergency
21repairs or improvements shall be accomplished using plans and
22specifications and competitive quotation or bid procedures, as
23applicable, to the greatest extent possible, considering the
24necessity for rapid completion of the project. A waiver of
25the requirements of subsections 2 and 3 does not authorize an
26expenditure in excess of an amount otherwise authorized for the
27repair or improvement.
285. A claim for payment relating to a project shall be
29itemized on a voucher form pursuant to section 8A.514,
30certified by the claimant and the architect or engineer
31in charge, and audited and approved by the department of
32administrative services. Upon approval by the department of
33administrative services, the director of the department of
34administrative services shall draw a warrant to be paid by the
35treasurer of state from funds appropriated for the project.
-265-1A partial payment made before completion of the project does
2not constitute final acceptance of the work or a waiver of any
3defect in the work.
46. Subject to the prior approval of the administrator
5in control of a departmental institution director or the
6director’s designee, minor projects costing five thousand
7dollars or less may be authorized and completed by the
8executive head superintendent of the institution through the
9use of day labor. A contract is not required if a minor project
10is to be completed with the use of resident labor.
11 Sec. 397. Section 218.64, Code 2023, is amended to read as
12follows:
13218.64 Investigation of death.
141. For the purposes of this section, unless the context
15otherwise requires, “institution” and “resident” mean the same
16as defined in section 218.13.
172. Upon the death of a resident of an institution,
18the county medical examiner shall conduct a preliminary
19investigation of the death as provided in section 331.802. The
20cost of the preliminary investigation shall be paid by the
21department of human services.
22 Sec. 398. Section 218.65, Code 2023, is amended to read as
23follows:
24218.65 Property of deceased resident.
25The superintendent or business manager of each institution
26 department shall, upon the death of any resident or patient,
27immediately take possession of all property of the deceased
28left at the institution, and deliver the property to the duly
29appointed and qualified representative of the deceased.
30 Sec. 399. Section 218.66, Code 2023, is amended to read as
31follows:
32218.66 Property of small value.
33If administration be is not granted within one year from
34the date of the death of the decedent, and the value of the
35estate of the decedent is so small as to make the granting
-266-1of administration inadvisable, then delivery of the money
2and other property left by the decedent may be made to the
3surviving spouse and heirs of the decedent.
4 Sec. 400. Section 218.69, Code 2023, is amended to read as
5follows:
6218.69 Permanent record.
7A complete permanent record of the money transmitted to the
8treasurer of state under section 218.68, showing by whom and
9with whom it the money was left, its the amount, the date of
10the death of the owner, the owner’s reputed place of residence
11before the owner became a resident of the institution, the date
12on which it the money was transmitted to the state treasurer,
13and any other facts which may tend to identify the intestate
14and explain the case, shall be kept by the superintendent
15of the institution or business manager, as the case may be
16 department, and a transcript of the record shall be sent to,
17 and kept by, the treasurer of state.
18 Sec. 401. Section 218.70, Code 2023, is amended to read as
19follows:
20218.70 Payment to party entitled.
21Moneys transmitted to the treasurer of state under section
22218.68 shall be paid, at any time within ten years from the
23death of the intestate, to any person who is shown to be
24entitled thereto to the moneys. Payment shall be made from the
25state treasury out of the support fund of such institution in
26the manner provided for the payment of other claims from that
27fund.
28 Sec. 402. Section 218.72, Code 2023, is amended to read as
29follows:
30218.72 Temporary quarters in emergency.
31In case the buildings at any institution under the control of
32an administrator are destroyed or rendered unfit for habitation
33by reason of fire, storms, or other like causes, to such an
34extent that the residents cannot be housed and cared for, the
35administrator director shall make temporary provision for the
-267-1housing and care of the residents at some other place in the
2state. Like provision may be made in case any pestilence
3breaks out among the residents. The reasonable cost of the
4change, including transfer of residents, shall be paid from any
5moneys in the state treasury not otherwise appropriated.
6 Sec. 403. Section 218.78, Code 2023, is amended to read as
7follows:
8218.78 Institutional receipts deposited.
91. All institutional receipts of the department of human
10services, including funds received from client participation
11at the state resource centers under section 222.78 and at the
12state mental health institutes under section 230.20, shall be
13deposited in the general fund except for reimbursements for
14services provided to another institution or state agency, for
15receipts deposited in the revolving farm fund under section
16904.706, for deposits into the medical assistance fund under
17section 249A.11, and for rentals charged to employees or
18others for room, apartment, or house and meals, which shall be
19available to the institutions.
202. If approved by the director of human services, the
21department may use appropriated funds for the granting of
22educational leave.
23 Sec. 404. Section 218.83, Code 2023, is amended to read as
24follows:
25218.83 Administrative improvement.
26The director of human services and the administrators
27assigned to have authority over the institutions shall
28cooperate with any department or agency of the state government
29in any manner, including the exchange of employees, calculated
30to improve administration of the affairs of the institutions.
31 Sec. 405. Section 218.84, Code 2023, is amended to read as
32follows:
33218.84 Abstracting claims and keeping accounts.
34The director of the department of human services or the
35director’s designee shall have sole charge of abstracting and
-268-1certifying claims for payment and the keeping of a central
2system of accounts in institutions under the director’s
3control.
4 Sec. 406. Section 218.85, Code 2023, is amended to read as
5follows:
6218.85 Uniform system of accounts.
7The director of human services through the administrators in
8control of the institutions department shall install in all the
9institutions the most modern, complete, and uniform system of
10accounts, records, and reports possible. The system shall be
11prescribed by the director of the department of administrative
12services as authorized in section 8A.502, subsection 13, and,
13among other matters, shall clearly show the detailed facts
14relative to the handling and uses of all purchases.
15 Sec. 407. Section 218.86, Code 2023, is amended to read as
16follows:
17218.86 Abstract of claims.
18Vouchers for expenditures other than salaries shall be
19submitted to the director of the department of administrative
20services, who shall prepare in triplicate an abstract of
21claims submitted showing the name of the claimant and the
22institutions and institutional fund on account of which the
23payment is made. The claims and abstracts of claims shall be
24returned to the director of the department of human services
25 where the correctness of the abstracts shall be certified by
26the director. The original abstract shall be delivered to the
27director of the department of administrative services, the
28duplicate to be retained in the office of the director, of the
29department of human services and the triplicate forwarded to
30the proper institution to be retained as a record of claims
31paid.
32 Sec. 408. Section 218.87, Code 2023, is amended to read as
33follows:
34218.87 Warrants issued by director of the department of
35administrative services.
-269- 1Upon such certificate the director of the department of
2administrative services shall, if the institution named has
3sufficient funds, issue the director’s warrants upon the state
4treasurer, for the amounts and to the claimants indicated
5thereon on the warrants. The director of the department of
6administrative services shall deliver the warrants thus issued
7to the director of human services department, who will cause
8same the warrants to be transmitted to the payees thereof of
9the warrants.
10 Sec. 409. Section 218.88, Code 2023, is amended to read as
11follows:
12218.88 Institutional payrolls.
13At the close of each pay period, the superintendent or
14business manager of each institution shall prepare and forward
15to the director of human services or the director’s designee a
16semimonthly payroll which shall show the name of each officer
17and employee, the semimonthly pay, time paid for, the amount of
18pay, and any deductions. A substitute shall not be permitted
19to receive compensation in the name of the employee for whom
20the substitute is acting.
21 Sec. 410. Section 218.92, Code 2023, is amended to read as
22follows:
23218.92 Patients Residents with dangerous mental disturbances.
24When a patient in a state resource center for persons with
25an intellectual disability, a state mental health institute,
26or another resident of an institution under the administration
27of the department of human services has become so mentally
28disturbed as to constitute a danger to self, to other patients
29 residents or staff of the institution, or to the public,
30and the institution cannot provide adequate security, the
31administrator in charge of the institution director or the
32director’s designee, with the consent of the director of the
33Iowa department of corrections, may order the patient resident
34 to be transferred to the Iowa medical and classification
35center, if the superintendent of the institution from which
-270-1the patient resident is to be transferred, with the support
2of a majority of the medical staff, recommends the transfer
3in the interest of the patient resident, other patients
4 residents, or the public. If the patient resident transferred
5was hospitalized pursuant to sections 229.6 through 229.15,
6the transfer shall be promptly reported to the court that
7ordered the hospitalization of the patient resident, as
8required by section 229.15, subsection 5. The Iowa medical
9and classification center has the same rights, duties, and
10responsibilities with respect to the patient resident as the
11institution from which the patient resident was transferred
12had while the patient was hospitalized in the institution.
13The cost of the transfer shall be paid from the funds of the
14institution from which the transfer is made.
15 Sec. 411. Section 218.93, Code 2023, is amended to read as
16follows:
17218.93 Consultants for director or administrators department.
18The director of human services or the administrators in
19control of the institutions are authorized to department
20may secure the services of consultants to furnish advice on
21administrative, professional, or technical problems to the
22director or the administrators, their department employees,
23or employees of institutions under their jurisdiction or to
24provide in-service training and instruction for the employees.
25The director and administrators are authorized to department
26may pay the consultants at a rate to be determined by them the
27department from funds under their the department’s control
28or from any institutional funding under their the director’s
29 jurisdiction as the director or administrator may determine.
30 Sec. 412. Section 218.94, Code 2023, is amended to read as
31follows:
32218.94 Director may buy and sell real estate — options.
331. The director of the department of human services
34shall have full power to may secure options to purchase real
35estate, to acquire and sell real estate, and to grant utility
-271-1easements, for the proper uses of said the institutions.
2Real estate shall be acquired and sold and utility easements
3granted, upon such terms and conditions as the director may
4determine. Upon sale of the real estate, the proceeds shall
5be deposited with the treasurer of state and credited to the
6general fund of the state. There is hereby appropriated from
7the general fund of the state a sum equal to the proceeds so
8 deposited and credited to the general fund of the state to the
9department of human services, which may be used to purchase
10other real estate or for capital improvements upon property
11under the director’s control.
122. The costs incident to securing of options, acquisition
13and sale of real estate and granting of utility easements,
14including but not limited to appraisals, invitations for
15offers, abstracts, and other necessary costs, may be paid
16from moneys appropriated for support and maintenance to the
17institution at which such the real estate is located. Such
18fund costs shall be reimbursed from the proceeds of the sale.
19 Sec. 413. Section 218.95, Code 2023, is amended to read as
20follows:
21218.95 Synonymous terms.
221. For purposes of construing the provisions of this and
23the following subtitles of this title and chapters 904, 913,
24and 914 relating to persons with mental illness and reconciling
25these provisions with other former and present provisions of
26statute, the following terms shall be considered synonymous:
27a. “Mentally ill” and “insane”, except that the
28hospitalization or detention of any person for treatment
29of mental illness shall not constitute a finding or create
30a presumption that the individual is legally insane in the
31absence of a finding of incompetence made pursuant to section
32229.27.
33b. “Parole” and “convalescent leave”.
34c. “Resident” and “patient”.
35d. “Escape” and “depart without proper authorization”.
-272- 1e. “Warrant” and “order of admission”.
2f. “Escapee” and “patient”.
3g. “Sane” and “in good mental health”.
4h. “Commitment” and “admission”.
52. It is hereby declared to be the policy of the general
6assembly that words which have come to have a degrading meaning
7shall not be employed in institutional records having reference
8to persons with various mental conditions and that in all
9records pertaining to persons with various mental conditions
10the less discriminatory of the foregoing synonyms shall be
11employed.
12 Sec. 414. Section 218.96, Code 2023, is amended to read as
13follows:
14218.96 Gifts, grants, and devises, and bequests.
15The director of the department of human services is
16authorized to may accept gifts, grants, devises, or bequests of
17real or personal property from the federal government or any
18source. The director may exercise such powers with reference
19to the property so accepted as may be deemed essential to its
20 the property’s preservation and the purposes for which given,
21granted, devised, or bequeathed.
22 Sec. 415. Section 218.98, Code 2023, is amended to read as
23follows:
24218.98 Canteen maintained.
25The administrators in control of the institutions may
26maintain a A canteen may be maintained at any institution
27under their jurisdiction and control for the sale to persons
28residing in the institution of items including but not limited
29to toilet articles, candy, tobacco products, notions, and other
30sundries, and may provide the necessary facilities, equipment,
31personnel, and merchandise for such sale may be provided. The
32administrators department shall specify what commodities will
33be sold in the canteen. The department may establish and
34maintain a permanent operating fund for each canteen. The fund
35shall consist of the receipts from the sale of commodities at
-273-1the canteen.
2 Sec. 416. Section 218.99, Code 2023, is amended to read as
3follows:
4218.99 Counties to be notified of patients’ personal
5accounts.
6The administrator in control of a state institution shall
7direct the business manager superintendent of each institution
8under the administrator’s jurisdiction which is mentioned
9 facility specified in section 331.424, subsection 1, paragraph
10“a”, subparagraphs (1) and (2), and for which services are paid
11by the county of residence or a mental health and disability
12services region, to shall quarterly inform the county of
13residence of any patient or resident person committed or
14admitted to the facility who has an amount in excess of two
15hundred dollars on account in the patients’ person’s personal
16deposit fund and the amount on deposit. The administrators
17shall direct the business manager to superintendent shall
18 further notify the county of residence at least fifteen days
19before the release of funds in excess of two hundred dollars
20or upon the death of the patient or resident person. If the
21patient or resident person has no residency in this state or
22the person’s residency is unknown, notice shall be made to the
23director of human services and the administrator in control of
24the institution involved department.
25 Sec. 417. Section 218.100, Code 2023, is amended to read as
26follows:
27218.100 Central warehouse and supply depot.
28The department of human services shall establish a fund for
29maintaining and operating a central warehouse as a supply depot
30and distribution facility for surplus government products,
31carload canned goods, paper products, other staples, and such
32other items as determined by the department. The fund shall be
33permanent and shall be composed of the receipts from the sales
34of merchandise, recovery of handling, operating and delivery
35charges of such merchandise, and from the funds contributed by
-274-1the institutions now in a contingent fund being used for this
2purpose. All claims for purchases of merchandise, operating,
3and salary expenses shall be subject to the provisions of
4sections 218.86, 218.87, and 218.88.
5 Sec. 418. Section 221.2, Code 2023, is amended to read as
6follows:
7221.2 Administrator Compact administrator.
8Pursuant to the compact, the administrator of the division
9of mental health and disability services The director of
10the department of health and human services shall be the
11 designate a compact administrator. The compact administrator
12may cooperate with all departments, agencies, and officers of
13this state and its subdivisions in facilitating the proper
14administration of the compact and of any supplementary
15agreement entered into by this state under the compact.
16 Sec. 419. Section 221.4, Code 2023, is amended to read as
17follows:
18221.4 Payments.
19The compact administrator, subject to the approval of the
20director of the department of human services, may make or
21arrange for any payments necessary to discharge any financial
22obligations imposed upon this state by the compact or by any
23supplementary agreement entered into thereunder under the
24compact.
25 Sec. 420. Section 222.1, subsection 2, Code 2023, is amended
26to read as follows:
272. The Glenwood state resource center and the Woodward
28state resource center are established and shall be maintained
29as the state’s regional resource centers for the purpose of
30providing treatment, training, instruction, care, habilitation,
31and support of persons with an intellectual disability or other
32disabilities in this state, and providing facilities, services,
33and other support to the communities located in the region
34being served by a state resource center. In addition, the
35state resource centers are encouraged to serve as a training
-275-1resource for community-based program staff, medical students,
2and other participants in professional education programs. A
3resource center may request the approval of the council on
4human services to change the name of the resource center for
5use in communication with the public, in signage, and in other
6forms of communication.
7 Sec. 421. Section 222.2, Code 2023, is amended to read as
8follows:
9222.2 Definitions.
10When used in this chapter, unless the context otherwise
11requires:
121. “Administrator” means the person assigned by the director
13of human services, in accordance with section 218.1, to control
14the state resource centers.
152. 1. “Auditor” means the county auditor or the auditor’s
16designee.
172. “Council” means the council on health and human services.
183. “Department” means the department of health and human
19services.
204. “Director” means the director of health and human
21services.
224. 5. “Intellectual disability” means the same as defined
23in section 4.1.
245. 6. “Mental health and disability services region” means
25a mental health and disability services region formed in
26accordance with section 331.389.
276. 7. “Regional administrator” means the regional
28administrator of a mental health and disability services
29region, as defined in section 331.388.
307. 8. “Special unit” means a special intellectual
31disability unit established at a state mental health institute
32pursuant to sections 222.88 through 222.91.
338. 9. “State resource centers” or “resource centers” means
34the Glenwood state resource center and the Woodward state
35resource center.
-276- 19. 10. “Superintendents” means the superintendents of the
2state resource centers.
3 Sec. 422. Section 222.3, Code 2023, is amended to read as
4follows:
5222.3 Superintendents.
6The administrator director shall appoint a qualified
7superintendent for each of the resource centers who shall
8receive such salary as the administrator director shall
9determine.
10 Sec. 423. Section 222.4, Code 2023, is amended to read as
11follows:
12222.4 Duties of superintendents.
13The superintendents shall:
141. Perform all duties required by law and by the
15administrator director not inconsistent with law.
162. Oversee and insure individual treatment and professional
17care of each patient in the resource centers.
183. Maintain a full and complete record of the condition of
19each patient in the resource centers.
204. Have custody, control, and management of all patients in
21such manner as deemed best subject to the regulations of the
22administrator department.
23 Sec. 424. Section 222.5, Code 2023, is amended to read as
24follows:
25222.5 Preadmission diagnostic evaluation.
26No A person shall not be eligible for admission to a resource
27center or a special unit until a preadmission diagnostic
28evaluation has been made by a resource center or a special unit
29which confirms or establishes the need for admission.
30 Sec. 425. Section 222.7, Code 2023, is amended to read as
31follows:
32222.7 Transfers.
33The administrator department may transfer patients from one
34state resource center to the other and may at any time transfer
35patients from the resource centers to the hospitals for persons
-277-1with mental illness, or transfer patients in the resource
2centers to a special unit or vice versa. The administrator
3 department may also transfer patients from a hospital for
4persons with mental illness to a resource center if consent is
5given or obtained as follows:
61. In the case of a patient who entered the hospital for
7persons with mental illness voluntarily, consent is given in
8advance by the patient or, if the patient is a minor or is
9incompetent, the person responsible for the patient.
102. In the case of a patient hospitalized pursuant to
11sections 229.6 through 229.15, the consent of the court which
12hospitalized the patient is obtained in advance, rather than
13afterward as otherwise permitted by section 229.15, subsection
144.
15 Sec. 426. Section 222.8, Code 2023, is amended to read as
16follows:
17222.8 Communications by patients.
18Persons admitted to the resource centers or a special
19unit shall have all reasonable opportunity and facility for
20communication with their friends. Such persons shall be
21permitted to write and send letters, provided the letters
22contain nothing of an offensive character. Letters written by
23any patient to the administrator director or to any state or
24county official shall be forwarded unopened.
25 Sec. 427. Section 222.10, Code 2023, is amended to read as
26follows:
27222.10 Duty of peace officer.
28When any person with an intellectual disability departs
29without proper authority from an institution a facility in
30another state and is found in this state, any peace officer in
31any county in which such patient is found may take and detain
32the patient without warrant or order and shall report such
33detention to the administrator department. The administrator
34 department shall provide for the return of the patient to the
35authorities in the state from which the unauthorized departure
-278-1was made. Pending return, such patient may be detained
2temporarily at one of the institutions of this state governed
3by the administrator or by the administrator of the division of
4child and family services of the department of human services
5 department. The provisions of this section relating to the
6administrator department shall also apply to the return of
7other nonresident persons with an intellectual disability
8having legal residency outside the state of Iowa.
9 Sec. 428. Section 222.11, Code 2023, is amended to read as
10follows:
11222.11 Expense.
12All actual and necessary expenses incurred in the taking
13into protective custody, restraint, and transportation of such
14patients to the resource centers shall be paid on itemized
15vouchers, sworn to by the claimants, and approved by the
16superintendent and the administrator director from any moneys
17in the state treasury not otherwise appropriated.
18 Sec. 429. Section 222.13, subsection 2, Code 2023, is
19amended to read as follows:
202. If the resource center does not have an appropriate
21program for the treatment of an adult or minor person with an
22intellectual disability applying under this section or section
23222.13A, the regional administrator for the person’s county of
24residence or the department, as applicable, shall arrange for
25the placement of the person in any public or private facility
26within or without the state, approved by the director of human
27services, which offers appropriate services for the person.
28 If the expenses of the placement are payable in whole or in
29part by a county, the placement shall be made by the regional
30administrator for the county.
31 Sec. 430. Section 222.13A, subsection 1, Code 2023, is
32amended to read as follows:
331. If a minor is believed to be a person with an
34intellectual disability, the minor’s parent, guardian, or
35custodian may apply to the department for admission of the
-279-1minor as a voluntary patient in a state resource center. If
2the resource center does not have appropriate services for the
3minor’s treatment, the department may arrange for the admission
4of the minor in a public or private facility within or without
5the state, approved by the director of human services, which
6offers appropriate services for the minor’s treatment.
7 Sec. 431. Section 222.60, subsection 1, unnumbered
8paragraph 1, Code 2023, is amended to read as follows:
9All necessary and legal expenses for the cost of admission or
10for the treatment, training, instruction, care, habilitation,
11support, and transportation of persons with an intellectual
12disability, as provided for in the applicable regional service
13system management plan implemented pursuant to section 331.393
14in a state resource center, or in a special unit, or any public
15or private facility within or without the state, approved by
16the director of human services, shall be paid by either:
17 Sec. 432. Section 222.64, Code 2023, is amended to read as
18follows:
19222.64 Foreign state or country or unknown residency.
20If the residency of the person is determined by a regional
21administrator on behalf of a county or by the state to be in
22a foreign state or country or is determined to be unknown,
23the regional administrator or the state shall certify the
24determination. The certification shall be accompanied by a
25copy of the evidence supporting the determination. The care of
26the person shall be as arranged by the regional administrator
27or the state. Application for admission may be made pending
28investigation by the administrator department.
29 Sec. 433. Section 222.65, Code 2023, is amended to read as
30follows:
31222.65 Investigation.
32If an application is made for placement of a person in
33a state resource center or special unit, the department’s
34administrator department shall immediately investigate the
35residency of the person and proceed as follows:
-280- 11. If the administrator department concurs with a certified
2determination as to residency of the person in another state
3or in a foreign country, or the person’s residence is unknown
4under section 222.60, the administrator department shall cause
5the person either to be transferred to a resource center or
6a special unit or to be transferred to the place of foreign
7residency.
82. If the administrator department disputes a certified
9determination of residency, the administrator department shall
10order the person transferred to a state resource center or a
11special unit until the dispute is resolved.
123. If the administrator department disputes a certified
13determination of residency, the administrator department shall
14utilize the procedure provided in section 331.394 to resolve
15the dispute. A determination of the person’s residency status
16made pursuant to section 331.394 is conclusive.
17 Sec. 434. Section 222.66, Code 2023, is amended to read as
18follows:
19222.66 Transfers — no residency in state or residency
20unknown — expenses.
21The transfer to a resource center or a special unit or to the
22place of residency of a person with an intellectual disability
23who has no residence in this state or whose residency is
24unknown, shall be made in accordance with such directions as
25shall be prescribed by the administrator director and when
26practicable by employees of the state resource center or the
27special unit. The actual and necessary expenses of such
28transfers shall be paid by the department on itemized vouchers
29sworn to by the claimants and approved by the administrator
30 director and the approved amount is appropriated to the
31department from any funds in the state treasury not otherwise
32appropriated.
33 Sec. 435. Section 222.67, Code 2023, is amended to read as
34follows:
35222.67 Charge on finding of residency.
-281- 1If a person has been received into a resource center or a
2special unit as a patient whose residency is unknown and the
3administrator director determines that the residency of the
4patient was at the time of admission in a county of this state,
5the administrator director shall certify the determination and
6charge all legal costs and expenses pertaining to the admission
7and support of the patient to the county of residence. The
8certification shall be sent to the county of residence. The
9certification shall be accompanied by a copy of the evidence
10supporting the determination. If the person’s residency status
11has been determined in accordance with section 331.394, the
12legal costs and expenses shall be charged to the county in
13accordance with that determination. The costs and expenses
14shall be collected as provided by law in other cases.
15 Sec. 436. Section 222.69, Code 2023, is amended to read as
16follows:
17222.69 Payment by state.
18The amount necessary to pay the necessary and legal expenses
19of admission of a person to a resource center or a special unit
20when the person’s residence is outside this state or is unknown
21is appropriated to the department from any moneys in the state
22treasury not otherwise appropriated. Such payments shall be
23made by the department on itemized vouchers executed by the
24auditor of the county from which the expenses have been paid
25and approved by the administrator director or the director’s
26designee.
27 Sec. 437. Section 222.73, subsection 5, Code 2023, is
28amended to read as follows:
295. A superintendent of a resource center or special unit
30may request that the director of human services enter into a
31contract with a person for the resource center or special unit
32to provide consultation or treatment services or for fulfilling
33other purposes which are consistent with the purposes stated in
34section 222.1. The contract provisions shall include charges
35which reflect the actual cost of providing the services. Any
-282-1income from a contract authorized under this subsection may
2be retained by the resource center or special unit to defray
3the costs of providing the services or fulfilling the other
4purposes. Except for a contract voluntarily entered into by a
5county under this subsection, the costs or income associated
6with a contract authorized under this subsection shall not
7be considered in computing charges and per diem costs in
8accordance with the provisions of subsections 1 through 4.
9 Sec. 438. Section 222.78, Code 2023, is amended to read as
10follows:
11222.78 Parents and others liable for support.
121. The father and mother of any patient admitted to a
13resource center or to a special unit, as either an inpatient
14or an outpatient, and any person, firm, or corporation bound
15by contract made for support of the patient are liable for the
16support of the patient. The patient and those legally bound
17for the support of the patient shall be liable to the county or
18state, as applicable, for all sums advanced in accordance with
19the provisions of sections 222.60 and 222.77.
202. The liability of any person, other than the patient,
21who is legally bound for the support of a patient who is
22under eighteen years of age in a resource center or a special
23unit shall not exceed the average minimum cost of the care
24of a normally intelligent minor without a an intellectual
25 disability of the same age and sex as the minor patient. The
26administrator department shall establish the scale for this
27purpose but the scale shall not exceed the standards for
28personal allowances established by the state division under
29the family investment program. The father or mother shall
30incur liability only during any period when the father or
31mother either individually or jointly receive a net income
32from whatever source, commensurate with that upon which they
33would be liable to make an income tax payment to this state.
34The father or mother of a patient shall not be liable for the
35support of the patient upon the patient attaining eighteen
-283-1years of age. Nothing in this section shall be construed to
2prevent a relative or other person from voluntarily paying the
3full actual cost as established by the administrator department
4 for caring for the patient with an intellectual disability.
5 Sec. 439. Section 222.84, Code 2023, is amended to read as
6follows:
7222.84 Patients’ personal deposit fund.
8There is hereby established at each resource center and
9special unit a fund which shall be known as the “patients’
10personal deposit fund”; provided that in. In the case of
11a special unit, the director may direct that the patients’
12personal deposit fund be maintained and administered as a part
13of the fund established, pursuant to sections 226.43 through
14226.46, by the state mental health institute where the special
15unit is located.
16 Sec. 440. Section 222.86, Code 2023, is amended to read as
17follows:
18222.86 Payment for care from fund.
19If a patient is not receiving medical assistance under
20chapter 249A and the amount in the account of any patient
21in the patients’ personal deposit fund exceeds two hundred
22dollars, the business manager of the resource center or special
23unit department may apply any amount of the excess to reimburse
24the county of residence or the state for liability incurred by
25the county or the state for the payment of care, support, and
26maintenance of the patient, when billed by the county or state,
27as applicable.
28 Sec. 441. Section 222.87, Code 2023, is amended to read as
29follows:
30222.87 Deposit in bank.
31The business manager department shall deposit the patients’
32personal deposit fund in a commercial account of a bank of
33reputable standing. When deposits in the commercial account
34exceed average monthly withdrawals, the business manager
35 department may deposit the excess at interest. The savings
-284-1account shall be in the name of the patients’ personal deposit
2fund and interest paid thereon on the account may be used for
3recreational purposes for the patients at the resource center
4or special unit.
5 Sec. 442. Section 222.88, Code 2023, is amended to read as
6follows:
7222.88 Special intellectual disability unit.
8The director of human services may organize and establish a
9special intellectual disability unit at an existing institution
10which may provide:
111. Psychiatric and related services to children with an
12intellectual disability and adults who are also emotionally
13disturbed with an emotional disturbance or otherwise mentally
14ill a mental illness.
152. Specific programs to meet the needs of such other special
16categories of persons with an intellectual disability as may
17be designated by the director.
183. Appropriate diagnostic evaluation services.
19 Sec. 443. Section 225.1, subsection 2, Code 2023, is amended
20by adding the following new paragraph:
21 NEW PARAGRAPH. c. “Respondent” means the same as defined
22in section 229.1.
23 Sec. 444. Section 225.5, Code 2023, is amended to read as
24follows:
25225.5 Cooperation of hospitals.
26The medical director of the state psychiatric hospital
27shall seek to bring about systematic cooperation between the
28several state hospitals for persons with mental illness health
29institutes and the state psychiatric hospital.
30 Sec. 445. Section 225.26, Code 2023, is amended to read as
31follows:
32225.26 Private patients — disposition of funds.
33All moneys collected from private patients shall be used for
34the support of the said state psychiatric hospital.
35 Sec. 446. Section 225.28, Code 2023, is amended to read as
-285-1follows:
2225.28 Appropriation.
3The state shall pay to the state psychiatric hospital, out of
4any moneys in the state treasury not otherwise appropriated,
5all expenses for the administration of the hospital, and for
6the care, treatment, and maintenance of committed and voluntary
7public patients therein in the state psychiatric hospital,
8including their clothing and all other expenses of the hospital
9for the public patients. The bills for the expenses shall be
10rendered monthly in accordance with rules agreed upon by the
11director of the department of administrative services and the
12state board of regents.
13 Sec. 447. Section 225.33, Code 2023, is amended to read as
14follows:
15225.33 Death of patient — disposal of body.
16In the event that a When a committed public patient or
17a voluntary public patient or a committed private patient
18should die dies while at the state psychiatric hospital or
19at the university hospital, the state psychiatric hospital
20shall have the body prepared for shipment in accordance with
21the rules prescribed by the state board of health council on
22health and human services for shipping such bodies; and it
23shall be. It is the duty of the state board of regents to make
24arrangements for the embalming and such other preparation as
25may be necessary to comply with the rules and for the purchase
26of suitable caskets.
27 Sec. 448. Section 225.35, Code 2023, is amended to read as
28follows:
29225.35 Expense collected.
30In the event that the said When a person is a committed
31private patient, it shall be is the duty of the county
32auditor of the proper county to proceed to collect all of such
33expenses, in accordance with the provisions of sections 225.23
34and 225.24.
35 Sec. 449. Section 225C.2, Code 2023, is amended to read as
-286-1follows:
2225C.2 Definitions.
3As used in this chapter:
41. “Administrator” means the administrator of the division.
52. 1. “Child” or “children” means a person or persons under
6eighteen years of age.
73. 2. “Children’s behavioral health services” means services
8for children with a serious emotional disturbance.
94. 3. “Children’s behavioral health system” or “children’s
10system” means the behavioral health service system for children
11implemented pursuant to this subchapter.
125. 4. “Commission” means the mental health and disability
13services commission.
145. “Council” means the council on health and human services.
156. “Department” means the department of health and human
16services.
177. “Director” means the director of health and human
18services.
198. “Disability services” means services and other support
20available to a person with mental illness, an intellectual
21disability or other developmental disability, or brain injury.
229. “Division” means the division of mental health and
23disability services of the department.
2410. 9. “Mental health and disability services region”
25means a mental health and disability services region formed in
26accordance with section 331.389.
2711. 10. “Mental health and disability services regional
28service system” means the mental health and disability service
29system for a mental health and disability services region.
3012. 11. “Regional administrator” means the same as defined
31in section 331.388.
3213. 12. “Serious emotional disturbance” means a diagnosable
33mental, behavioral, or emotional disorder of sufficient
34duration to meet diagnostic criteria specified within the most
35current diagnostic and statistical manual of mental disorders
-287-1published by the American psychiatric association that results
2in a functional impairment. “Serious emotional disturbance”
3does not include substance use or developmental disorders
4unless those disorders co-occur with such a diagnosable mental,
5behavioral, or emotional disorder.
614. 13. “State board” means the children’s behavioral
7health system state board created in section 225C.51.
8 Sec. 450. Section 225C.3, Code 2023, is amended to read as
9follows:
10225C.3 Division of mental health and disability services
11 Department — state mental health authority.
121. The division department is designated the state mental
13health authority as defined in 42 U.S.C. §201(m) (1976) for
14the purpose of directing the benefits of the National Mental
15Health Act, 42 U.S.C. §201 et seq. This designation does
16not preclude the state board of regents from authorizing or
17directing any institution under its jurisdiction to carry out
18educational, prevention, and research activities in the areas
19of mental health and intellectual disability. The division
20 department may contract with the state board of regents or any
21institution under the board’s jurisdiction to perform any of
22these functions.
232. The division department is designated the state
24developmental disabilities agency for the purpose of directing
25the benefits of the federal Developmental Disabilities
26Assistance and Bill of Rights Act, 42 U.S.C. §15001 et seq.
273. The division is administered by the administrator. The
28administrator of the division shall be qualified in the general
29field of mental health, intellectual disability, or other
30disability services, and preferably in more than one field.
31The administrator shall have at least five years of experience
32as an administrator in one or more of these fields.
33 Sec. 451. Section 225C.4, Code 2023, is amended to read as
34follows:
35225C.4 Administrator’s Department duties.
-288- 11. To the extent funding is available, the administrator
2 department shall perform the following duties:
3a. Prepare and administer the comprehensive mental health
4and disability services plan as provided in section 225C.6B,
5including state mental health and intellectual disability
6plans for the provision of disability services within the
7state and the state developmental disabilities plan. The
8administrator department shall take into account any related
9planning activities implemented by the Iowa department of
10public health, the state board of regents or a body designated
11by the board for that purpose, the department of management
12or a body designated by the director of the department for
13that purpose, the department of education, the department of
14workforce development and any other appropriate governmental
15body, in order to facilitate coordination of disability
16services provided in this state. The state mental health and
17intellectual disability plans shall be consistent with the
18state health plan, and shall take into account mental health
19and disability services regional service system management
20plans.
21b. Assist mental health and disability services region
22governing boards and regional administrators in planning for
23community-based disability services.
24c. Assist the state board in planning for community-based
25children’s behavioral health services.
26d. Emphasize the provision of evidence-based outpatient and
27community support services by community mental health centers
28and local intellectual disability providers as a preferable
29alternative to acute inpatient services and services provided
30in large institutional settings.
31e. Encourage and facilitate coordination of mental health
32and disability services with the objective of developing
33and maintaining in the state a mental health and disability
34service delivery system to provide services to all persons
35in this state who need the services, regardless of the place
-289-1of residence or economic circumstances of those persons.
2The administrator department shall work with the commission
3and other state agencies, including but not limited to the
4departments of corrections, and education, and public health
5and the state board of regents, to develop and implement a
6strategic plan to expand access to qualified mental health
7workers across the state.
8f. Encourage and facilitate applied research and preventive
9educational activities related to causes and appropriate
10treatment for disabilities. The administrator department may
11designate, or enter into agreements with, private or public
12agencies to carry out this function.
13g. Coordinate community-based services with those of the
14state mental health institutes and state resource centers.
15h. Administer state programs regarding the care, treatment,
16and supervision of persons with mental illness or an
17intellectual disability, except the programs administered by
18the state board of regents.
19i. Administer and distribute state appropriations in
20connection with the mental health and disability services
21regional service fund established by section 225C.7A.
22j. Act as compact administrator with power to effectuate the
23purposes of interstate compacts on mental health.
24k. Establish and maintain a data collection and management
25information system oriented to the needs of patients,
26providers, the department, and other programs or facilities in
27accordance with section 225C.6A. The system shall be used to
28identify, collect, and analyze service outcome and performance
29measures data in order to assess the effects of the services
30on the persons utilizing the services. The administrator
31 department shall annually submit to the commission information
32collected by the department indicating the changes and trends
33in the mental health and disability services system. The
34administrator department shall make the outcome data available
35to the public.
-290- 1l. Encourage and facilitate coordination of children’s
2behavioral health services with the objective of developing
3and maintaining in the state a children’s behavioral health
4system to provide behavioral health services to all children
5in this state who need the services, regardless of the place
6of residence or economic circumstances of those children.
7The administrator department shall work with the state board
8and other state agencies including but not limited to the
9department of education and the department of public health
10 to develop and implement a strategic plan to expand access to
11qualified mental health workers across the state.
12m. Establish and maintain a data collection and management
13information system oriented to the needs of children utilizing
14the children’s behavioral health system, providers, the
15department, and other programs or facilities in accordance
16with section 225C.6A. The system shall be used to identify,
17collect, and analyze service outcome and performance measures
18data in order to assess the effects of the services on the
19children utilizing the services. The administrator department
20 shall annually submit to the state board information collected
21by the department indicating the changes and trends in the
22children’s behavioral health system. The administrator
23 department shall make the outcome data available to the public.
24n. Prepare a division budget and reports of the division’s
25 department’s activities.
26o. Establish suitable agreements with other state
27agencies to encourage appropriate care and to facilitate the
28coordination of disability services.
29p. Provide consultation and technical assistance to
30patients’ advocates appointed pursuant to section 229.19,
31in cooperation with the judicial branch and the certified
32volunteer long-term care ombudsmen certified pursuant to
33section 231.45.
34q. Provide technical assistance to agencies and
35organizations, to aid them in meeting standards which are
-291-1established, or with which compliance is required, under
2statutes administered by the administrator department,
3including but not limited to chapters 227 and 230A.
4r. Recommend to the commission minimum accreditation
5standards for the maintenance and operation of community mental
6health centers, services, and programs under section 230A.110.
7The administrator’s department’s review and evaluation of the
8centers, services, and programs for compliance with the adopted
9standards shall be as provided in section 230A.111.
10s. Recommend to the commission minimum standards for
11supported community living services. The administrator
12 department shall review and evaluate the services for
13compliance with the adopted standards.
14t. In cooperation with the department of inspections and
15appeals, recommend minimum standards under section 227.4 for
16the care of and services to persons with mental illness or an
17intellectual disability residing in county care facilities.
18The administrator department shall also cooperate with the
19department of inspections and appeals in recommending minimum
20standards for care of and services provided to persons with
21mental illness or an intellectual disability living in a
22residential care facility regulated under chapter 135C.
23u. In cooperation with the Iowa department of public health,
24recommend Recommend minimum standards for the maintenance and
25operation of public or private facilities offering disability
26services, which are not subject to licensure by the department
27or the department of inspections and appeals.
28v. Provide technical assistance concerning disability
29services and funding to mental health and disability services
30region governing boards and regional administrators.
31w. Coordinate with the mental health planning and advisory
32council created pursuant to 42 U.S.C. §300x-3 to ensure the
33council membership includes representation by a military
34veteran who is knowledgeable concerning the behavioral and
35mental health issues of veterans.
-292- 1x. Enter into performance-based contracts with
2regional administrators as described in section 331.390.
3A performance-based contract shall require a regional
4administrator to fulfill the statutory and regulatory
5requirements of the regional service system under this chapter
6and chapter 331. A failure to fulfill the requirements may be
7addressed by remedies specified in the contract, including but
8not limited to suspension of contract payments or cancellation
9of the contract. The contract provisions may include but are
10not limited to requirements for the regional service system
11to attain outcomes within a specified range of acceptable
12performance in any of the following categories:
13(1) Access standards for the required core services.
14(2) Penetration rates for serving the number of persons
15expected to be served.
16(3) Utilization rates for inpatient and residential
17treatment.
18(4) Readmission rates for inpatient and residential
19treatment.
20(5) Employment of the persons receiving services.
21(6) Administrative costs.
22(7) Data reporting.
23(8) Timely and accurate claims processing.
24(9) School attendance.
25y. Provide information through the internet concerning
26waiting lists for services implemented by mental health and
27disability services regions.
282. The administrator department may:
29a. Apply for, receive, and administer federal aids, grants,
30and gifts for purposes relating to disability services or
31programs.
32b. Establish and supervise suitable standards of care,
33treatment, and supervision for persons with disabilities in
34all institutions under the control of the director of human
35services.
-293- 1c. Appoint professional consultants to furnish advice on
2any matters pertaining to disability services. The consultants
3shall be paid as provided by an appropriation of the general
4assembly.
5d. Administer a public housing unit within a bureau of
6the division program to apply for, receive, and administer
7federal assistance, grants, and other public or private funds
8for purposes related to providing housing in accordance with
9section 225C.45.
10 Sec. 452. Section 225C.5, subsection 1, paragraph j, Code
112023, is amended to read as follows:
12j. One member shall be an active board member of an agency
13serving persons with a substance abuse problem use disorder
14 selected from nominees submitted by the Iowa behavioral health
15association.
16 Sec. 453. Section 225C.6, Code 2023, is amended to read as
17follows:
18225C.6 Duties of commission.
191. To the extent funding is available, the commission shall
20perform the following duties:
21a. Advise the administrator department on the administration
22of the overall state disability services system.
23b. Pursuant to recommendations made for this purpose by
24the administrator director, adopt necessary rules pursuant to
25chapter 17A which relate to disability programs and services,
26including but not limited to definitions of each disability
27included within the term “disability services” as necessary for
28purposes of state, county, and regional planning, programs, and
29services.
30c. Adopt standards for community mental health centers,
31services, and programs as recommended under section 230A.110.
32The administrator department shall determine whether to grant,
33deny, or revoke the accreditation of the centers, services, and
34programs.
35d. Adopt standards for the provision under the medical
-294-1assistance program of individual case management services.
2e. Unless another governmental body sets standards for a
3service available to persons with disabilities, adopt state
4standards for that service. The commission shall review the
5licensing standards used by the department of human services
6 or department of inspections and appeals for those facilities
7providing disability services.
8f. Assure that proper reconsideration and appeal procedures
9are available to persons aggrieved by decisions, actions, or
10circumstances relating to accreditation.
11g. Adopt necessary rules for awarding grants from the state
12and federal government as well as other moneys that become
13available to the division department for grant purposes.
14h. Annually submit to the governor and the general assembly:
15(1) A report concerning the activities of the commission.
16(2) Recommendations formulated by the commission for
17changes in law.
18i. By January 1 of each odd-numbered year, submit to the
19governor and the general assembly an evaluation of:
20(1) The extent to which services to persons with
21disabilities are actually available to persons in each county
22and mental health and disability services region in the state
23and the quality of those services.
24(2) The effectiveness of the services being provided by
25disability service providers in this state and by each of the
26state mental health institutes established under chapter 226
27and by each of the state resource centers established under
28chapter 222.
29j. Advise the administrator director, the council on human
30services, the governor, and the general assembly on budgets and
31appropriations concerning disability services.
32k. Coordinate activities with the Iowa developmental
33disabilities council and the mental health planning council,
34created pursuant to federal law. The commission shall work
35with other state agencies on coordinating, collaborating, and
-295-1communicating concerning activities involving persons with
2disabilities.
3l. Pursuant to a recommendation made by the administrator
4 department, identify basic financial eligibility standards
5for the disability services provided by a mental health and
6disability services region. The initial standards shall be as
7specified in chapter 331.
8m. Identify disability services outcomes and indicators to
9support the ability of eligible persons with a disability to
10live, learn, work, and recreate in communities of the persons’
11choice. The identification duty includes but is not limited to
12responsibility for identifying, collecting, and analyzing data
13as necessary to issue reports on outcomes and indicators at the
14county, region, and state levels.
152. Notwithstanding section 217.3, subsection 6, the
16commission may adopt the rules authorized by subsection 1,
17pursuant to chapter 17A, without prior review and approval of
18those rules by the council on human services.
193. If the executive branch creates a committee, task
20force, council, or other advisory body to consider disability
21services policy or program options involving children or adult
22consumers, the commission is designated to receive and consider
23any report, findings, recommendations, or other work product
24issued by such body. The commission may address the report,
25findings, recommendations, or other work product in fulfilling
26the commission’s functions and to advise the department,
27council on human services, governor, and general assembly
28concerning disability services.
294. a. The department shall coordinate with the
30department of inspections and appeals in the establishment of
31facility-based and community-based, subacute mental health
32services.
33b. A person shall not provide community-based, subacute
34mental health services unless the person has been accredited
35to provide the services. The commission shall adopt standards
-296-1for subacute mental health services and for accreditation of
2providers of community-based, subacute mental health services.
3c. As used in this subsection, “subacute mental health
4services” means all of the following:
5(1) A comprehensive set of wraparound services for persons
6who have had or are at imminent risk of having acute or
7crisis mental health symptoms that do not permit the persons
8to remain in or threatens removal of the persons from their
9home and community, but who have been determined by a mental
10health professional and a licensed health care professional,
11subject to the professional’s scope of practice, not to need
12inpatient acute hospital services. For the purposes of this
13subparagraph, “mental health professional” means the same as
14defined in section 228.1 and “licensed health care professional”
15means a person licensed under chapter 148 to practice medicine
16and surgery or osteopathic medicine and surgery, an advanced
17registered nurse practitioner licensed under chapter 152 or
18152E, or a physician assistant licensed to practice under the
19supervision of a physician as authorized in chapters 147 and
20148C.
21(2) Intensive, recovery-oriented treatment and monitoring
22of the person with direct or remote access to a psychiatrist or
23advanced registered nurse practitioner.
24(3) An outcome-focused, interdisciplinary approach designed
25to return the person to living successfully in the community.
26(4) Services that may be provided in a wide array of
27settings ranging from the person’s home to a facility providing
28subacute mental health services.
29(5) Services that are time limited to not more than ten
30days or another time period determined in accordance with rules
31adopted for this purpose.
32d. Subacute mental health services and the standards for
33the services shall be established in a manner that allows for
34accessing federal Medicaid funding.
35 Sec. 454. Section 225C.6B, Code 2023, is amended to read as
-297-1follows:
2225C.6B Mental health and disability services system —
3legislative intent — comprehensive plan — state and regional
4service systems.
51. Intent.
6a. The general assembly intends for the state to implement
7a comprehensive, continuous, and integrated state mental
8health and disability services plan in accordance with
9the requirements of sections 225C.4 and 225C.6 and other
10provisions of this chapter, by increasing the department’s
11responsibilities in the development, funding, oversight, and
12ongoing leadership of mental health and disability services in
13this state.
14b. In order to further the purposes listed in section 225C.1
15and in other provisions of this chapter, the general assembly
16intends that efforts focus on the goal of making available a
17comprehensive array of high-quality, evidence-based consumer
18and family-centered mental health and disability services and
19other support in the least restrictive, community-based setting
20appropriate for a consumer.
21c. In addition, it is the intent of the general assembly
22to promote policies and practices that achieve for consumers
23the earliest possible detection of mental health problems and
24the need for disability services and for early intervention;
25to stress that all health care programs address mental health
26disorders with the same urgency as physical health disorders;
27to promote the policies of all public programs that serve
28adults and children with mental disorders or with a need
29for disability services, including but not limited to child
30welfare, Medicaid, education, housing, criminal and juvenile
31justice, substance abuse use disorder treatment, and employment
32services; to consider the special mental health and disability
33services needs of adults and children; and to promote recovery
34and resiliency as expected outcomes for all consumers.
352. Comprehensive plan. The division department shall
-298-1develop a comprehensive written five-year state mental health
2and disability services plan with annual updates and readopt
3the plan every five years. The plan shall describe the key
4components of the state’s mental health and disability services
5system, including the services that are community-based, state
6institution-based, or regional or state-based. The five-year
7plan and each update shall be submitted annually to the
8commission on or before October 30 for review and approval.
93. State and regional disability service systems. The
10publicly financed disability services for persons with mental
11illness, intellectual disability or other developmental
12disability, or brain injury in this state shall be provided by
13the department and the counties operating together as regions.
14The financial and administrative responsibility for such
15services is as follows:
16a. Disability services for children and adults that are
17covered under the medical assistance program pursuant to
18chapter 249A are the responsibility of the state.
19b. Adult mental health and intellectual disability services
20that are not covered under the medical assistance program are
21the responsibility of the county-based regional service system.
22c. Children’s behavioral health services provided to
23eligible children that are not covered under the medical
24assistance program or other third-party payor are the
25responsibility of the county-based regional service system.
26 Sec. 455. Section 225C.6C, Code 2023, is amended to read as
27follows:
28225C.6C Regional service system — regulatory requirements.
291. The departments department and the department of
30inspections, and appeals, human services, and public health and
31licensing shall comply with the requirements of this section in
32their efforts to improve the regulatory requirements applied
33to the mental health and disability services regional service
34system administration and service providers.
352. The three departments shall work together to establish
-299-1a process to streamline accreditation, certification, and
2licensing standards applied to the regional service system
3administration and service providers.
43. The departments of human services and inspections and
5appeals shall jointly review the standards and inspection
6process applicable to residential care facilities.
74. The three departments shall do all of the following in
8developing regulatory requirements applicable to the regional
9service system administration and service providers:
10a. Consider the costs to regional administrators and
11providers in the development of quality monitoring efforts.
12b. Implement the use of uniform, streamlined, and statewide
13cost reporting standards and tools by the regional service
14system and the department of human services.
15c. Make quality monitoring information, including services,
16quality, and location information, easily available and
17understandable to all citizens.
18d. Establish standards that are clearly understood and are
19accompanied by interpretive guidelines to support understanding
20by those responsible for applying the standards.
21e. Develop a partnership with providers in order to
22improve the quality of services and develop mechanisms for the
23provision of technical assistance.
24f. Develop consistent data collection efforts based on
25statewide standards and make information available to all
26providers. The efforts under this paragraph shall be made with
27representatives of the Iowa state association of counties.
28g. Evaluate existing provider qualification and monitoring
29efforts to identify duplication and gaps, and align the efforts
30with valued outcomes.
31h. Streamline and enhance existing standards.
32i. Consider allowing providers to seek accreditation from
33a national accrediting body in lieu of state accreditation or
34certification.
35 Sec. 456. Section 225C.7A, subsection 7, Code 2023, is
-300-1amended to read as follows:
27. a. For the fiscal year beginning July 1, 2021, each
3mental health and disability services region for which the
4amount certified during the fiscal year under section 331.391,
5subsection 4, paragraph “b”, exceeds forty percent of the actual
6expenditures of the region for the fiscal year preceding the
7fiscal year in progress, the remaining quarterly payments of
8the region’s regional service payment shall be reduced by
9an amount equal to the amount by which the region’s amount
10certified under section 331.391, subsection 4, paragraph “b”,
11exceeds forty percent of the actual expenditures of the region
12for the fiscal year preceding the fiscal year in progress, but
13the amount of the reduction shall not exceed the total amount
14of the region’s regional service payment for the fiscal year.
15If the region’s remaining quarterly payments are insufficient
16to effectuate the required reductions under this paragraph, the
17region is required to pay to the department of human services
18 any amount for which the reduction in quarterly payments could
19not be made. The amount of reductions to quarterly payments
20and amounts paid to the department under this paragraph shall
21be transferred and credited to the region incentive fund under
22subsection 8.
23b. For the fiscal year beginning July 1, 2022, each mental
24health and disability services region for which the amount
25certified during the fiscal year under section 331.391,
26subsection 4, paragraph “b”, exceeds twenty percent of the
27actual expenditures of the region for the fiscal year preceding
28the fiscal year in progress, the remaining quarterly payments
29of the region’s regional service payment shall be reduced by
30an amount equal to the amount by which the region’s amount
31certified under section 331.391, subsection 4, paragraph “b”,
32exceeds twenty percent of the actual expenditures of the region
33for the fiscal year preceding the fiscal year in progress, but
34the amount of the reduction shall not exceed the total amount
35of the region’s regional service payment for the fiscal year.
-301-1If the region’s remaining quarterly payments are insufficient
2to effectuate the required reductions under this paragraph, the
3region is required to pay to the department of human services
4 any amount for which the reduction in quarterly payments could
5not be made. The amount of reductions to quarterly payments
6and amounts paid to the department under this paragraph shall
7be transferred and credited to the region incentive fund under
8subsection 8.
9c. For the fiscal year beginning July 1, 2023, and each
10succeeding fiscal year, each mental health and disability
11services region for which the amount certified during the
12fiscal year under section 331.391, subsection 4, paragraph “b”,
13exceeds five percent of the actual expenditures of the region
14for the fiscal year preceding the fiscal year in progress, the
15remaining quarterly payments of the region’s regional service
16payment shall be reduced by an amount equal to the amount by
17which the region’s amount certified under section 331.391,
18subsection 4, paragraph “b”, exceeds five percent of the actual
19expenditures of the region for the fiscal year preceding the
20fiscal year in progress, but the amount of the reduction
21shall not exceed the total amount of the region’s regional
22service payment for the fiscal year. If the region’s remaining
23quarterly payments are insufficient to effectuate the required
24reductions under this paragraph, the region is required to
25pay to the department of human services any amount for which
26the reduction in quarterly payments could not be made. The
27amount of reductions to quarterly payments and amounts paid to
28the department under this paragraph shall be transferred and
29credited to the region incentive fund under subsection 8.
30 Sec. 457. Section 225C.13, Code 2023, is amended to read as
31follows:
32225C.13 Authority to establish and lease facilities.
331. The administrator assigned, in accordance with section
34218.1, to control the state mental health institutes and the
35state resource centers department may enter into agreements
-302-1under which a facility or portion of a facility administered by
2the administrator department under section 218.1 is leased to a
3department or a division of state government, a county or group
4of counties, a mental health and disability services region, or
5a private nonprofit corporation organized under chapter 504. A
6lease executed under this section shall require that the lessee
7use the leased premises to deliver either disability services
8or other services normally delivered by the lessee.
92. The division administrator director may work with the
10appropriate administrator of the department’s institutions to
11establish mental health and intellectual disability services
12for all institutions under the control of the director of human
13services and to establish an autism unit, following mutual
14planning and consultation with the medical director of the
15state psychiatric hospital, at an institution or a facility
16administered by the department to provide psychiatric and
17related services and other specific programs to meet the needs
18of autistic persons with autism, and to furnish appropriate
19diagnostic evaluation services.
20 Sec. 458. Section 225C.19, Code 2023, is amended to read as
21follows:
22225C.19 Emergency mental health crisis services system.
231. For the purposes of this section:
24a. “Emergency mental health crisis services provider” means
25a provider accredited or approved by the department to provide
26emergency mental health crisis services.
27b. “Emergency mental health crisis services system” or
28“services system” means a coordinated array of crisis services
29for providing a response to assist an individual adult or child
30who is experiencing a mental health crisis or who is in a
31situation that is reasonably likely to cause the individual to
32have a mental health crisis unless assistance is provided.
332. a. The division department shall implement an emergency
34mental health crisis services system in consultation with
35counties, and community mental health centers and other mental
-303-1health and social service providers, in accordance with this
2section.
3b. The purpose of the services system is to provide a
4statewide array of time-limited intervention services to reduce
5escalation of crisis situations, relieve the immediate distress
6of individuals experiencing a crisis situation, reduce the risk
7of individuals in a crisis situation doing harm to themselves
8or others, and promote timely access to appropriate services
9for those who require ongoing mental health services.
10c. The services system shall be available twenty-four hours
11per day, seven days per week to any individual who is in or is
12determined by others to be in a crisis situation, regardless of
13whether the individual has been diagnosed with a mental illness
14or a co-occurring mental illness and substance abuse use
15 disorder. The system shall address all ages, income levels,
16and health coverage statuses.
17d. The goals of an intervention offered by a provider
18under the services system shall include but are not limited to
19symptom reduction, stabilization of the individual receiving
20the intervention, and restoration of the individual to a
21previous level of functioning.
22e. The elements of the services system shall be specified in
23administrative rules adopted by the commission.
243. The services system elements shall include but are not
25limited to all of the following:
26a. Standards for accrediting or approving emergency mental
27health crisis services providers. Such providers may include
28but are not limited to a community mental health center
29designated under chapter 230A, a unit of the department or
30other state agency, a county, a mental health and disability
31services region, or any other public or private provider who
32meets the accreditation or approval standards for an emergency
33mental health crisis services provider.
34b. Identification by the division department of geographic
35regions, groupings of mental health and disability services
-304-1regions, service areas, or other means of distributing and
2organizing the emergency mental health crisis services system
3to ensure statewide availability of the services.
4c. Coordination of emergency mental health crisis services
5with all of the following:
6(1) The district and juvenile courts.
7(2) Law enforcement.
8(3) Judicial district departments of correctional services.
9(4) Mental health and disability services regions.
10(5) Other mental health, substance abuse use disorder, and
11co-occurring mental illness and substance abuse use disorder
12 services available through the state and counties to serve both
13children and adults.
14d. Identification of basic services to be provided through
15each accredited or approved emergency mental health crisis
16services provider which may include but are not limited to
17face-to-face crisis intervention, stabilization, support,
18counseling, preadmission screening for individuals who may
19require psychiatric hospitalization, transportation, and
20follow-up services.
21e. Identification of operational requirements for emergency
22mental health crisis services provider accreditation or
23approval which may include providing a telephone hotline,
24mobile crisis staff, collaboration protocols, follow-up with
25community services, information systems, and competency-based
26training.
274. The division department shall initially implement
28the program through a competitive block grant process.
29The implementation shall be limited to the extent of the
30appropriations provided for the program.
31 Sec. 459. Section 225C.19A, Code 2023, is amended to read
32as follows:
33225C.19A Crisis stabilization programs.
34The department shall accredit, certify, or apply standards
35of review to authorize the operation of crisis stabilization
-305-1programs, including crisis stabilization programs operating
2in a psychiatric medical institution for children pursuant
3to chapter 135H that provide children with mental health,
4substance abuse use disorder, and co-occurring mental health
5and substance abuse use disorder services. In authorizing the
6operation of a crisis stabilization program, the department
7shall apply the relevant requirements for an emergency mental
8health crisis services provider and system under section
9225C.19. A program authorized to operate under this section is
10not required to be licensed under chapter 135B, 135C, 135G, or
11135H, or certified under chapter 231C. The commission shall
12adopt rules to implement this section. The department shall
13accept accreditation of a crisis stabilization program by a
14national accrediting organization in lieu of applying the rules
15adopted in accordance with this section to the program.
16 Sec. 460. Section 225C.20, Code 2023, is amended to read as
17follows:
18225C.20 Responsibilities of mental health and disability
19services regions for individual case management services.
20Individual case management services funded under the medical
21assistance program shall be provided by the department except
22when a county or a consortium of counties contracts with the
23department to provide the services. A regional administrator
24may contract for one or more counties of the region to be
25the provider at any time and the department shall agree to
26the contract so long as the contract meets the standards for
27case management adopted by the department. The regional
28administrator may subcontract for the provision of case
29management services so long as the subcontract meets the same
30standards. A regional administrator may change the provider
31of individual case management services at any time. If the
32current or proposed contract is with the department, the
33regional administrator shall provide written notification of
34a change at least ninety days before the date the change will
35take effect.
-306-1 Sec. 461. Section 225C.21, Code 2023, is amended to read as
2follows:
3225C.21 Supported community living services.
41. As used in this section, “supported community living
5services” means services provided in a noninstitutional
6setting to adult persons with mental illness, an intellectual
7disability, or developmental disabilities to meet the persons’
8daily living needs.
92. The commission shall adopt rules pursuant to chapter 17A
10establishing minimum standards for supported community living
11services. The administrator department shall determine whether
12to grant, deny, or revoke approval for any supported community
13living service.
143. Approved supported community living services may receive
15funding from the state, federal and state social services block
16grant funds, and other appropriate funding sources, consistent
17with state legislation and federal regulations. The funding
18may be provided on a per diem, per hour, or grant basis, as
19appropriate.
20 Sec. 462. Section 225C.23, Code 2023, is amended to read as
21follows:
22225C.23 Brain injury recognized as disability.
231. The department of human services, the Iowa department of
24public health, the department of education and its divisions
25 division of special education and of the department of
26education, the division of vocational rehabilitation services
27of the department of workforce development,the department of
28human rights and its division for persons with disabilities,
29 the department for the blind, and all other state agencies
30which serve persons with brain injuries, shall recognize brain
31injury as a distinct disability and shall identify those
32persons with brain injuries among the persons served by the
33state agency.
342. For the purposes of this section, “brain injury” means
35the same as defined in section 135.22.
-307-1 Sec. 463. Section 225C.29, Code 2023, is amended to read as
2follows:
3225C.29 Compliance.
4Except for a violation of section 225C.28B, subsection
52, the sole remedy for violation of a rule adopted by the
6commission to implement sections 225C.25, 225C.26, 225C.28A,
7and 225C.28B shall be by a proceeding for compliance initiated
8by request to the division department pursuant to chapter
917A. Any decision of the division department shall be in
10accordance with due process of law and is subject to appeal to
11the Iowa district court pursuant to sections 17A.19 and 17A.20
12by any aggrieved party. Either the division department or a
13party in interest may apply to the Iowa district court for an
14order to enforce the decision of the division department. Any
15rules adopted by the commission to implement sections 225C.25,
16225C.26, 225C.28A, and 225C.28B do not create any right,
17entitlement, property, or liberty right or interest, or private
18cause of action for damages against the state or a political
19subdivision of the state or for which the state or a political
20subdivision of the state would be responsible. Any violation
21of section 225C.28B, subsection 2, shall solely be subject to
22the enforcement by the commissioner of insurance and penalties
23granted by chapter 507B for a violation of section 507B.4,
24subsection 3, paragraph “g”.
25 Sec. 464. Section 225C.35, Code 2023, is amended to read as
26follows:
27225C.35 Definitions.
28For purposes of this subchapter, unless the context
29otherwise requires:
301. “Department” means the department of human services.
312. 1. “Family” means a family member and the parent or
32legal guardian of the family member.
333. 2. “Family member” means a person less than eighteen
34years of age who by educational determination has a moderate,
35severe, or profound educational disability or special
-308-1health care needs or who otherwise meets the definition
2of developmental disability in the federal Developmental
3Disabilities Assistance and Bill of Rights Act, as codified
4in 42 U.S.C. §15002. The department shall adopt rules
5establishing procedures for determining whether a child has a
6developmental disability.
74. 3. “Legal guardian” means a person appointed by a court
8to exercise powers over a family member.
95. 4. “Medical assistance” means payment of all or part of
10the care authorized to be provided pursuant to chapter 249A the
11same as defined in section 249A.2.
126. 5. “Parent” means a biological or adoptive parent.
137. 6. “Supplemental security income” means financial
14assistance provided to individuals pursuant to Tit.XVI of the
15federal Social Security Act, 42 U.S.C. §1381 – 1383c.
16 Sec. 465. Section 225C.37, subsection 1, paragraph d, Code
172023, is amended to read as follows:
18d. A statement that if the child receives medical
19assistance, then the family support subsidy shall only be used
20for the cost of a service which is not covered by medical
21assistance. The family may receive welfare public assistance
22for which the family is eligible.
23 Sec. 466. Section 225C.45, Code 2023, is amended to read as
24follows:
25225C.45 Public housing unit program.
261. The administrator department may establish a public
27housing unit within a bureau of the division program to apply
28for, receive, and administer federal assistance, grants, and
29other public or private funds for purposes related to providing
30housing.
312. In implementing the public housing unit program, the
32division department may do all of the following:
33a. Prepare, implement, and operate housing projects
34and provide for the construction, improvement, extension,
35alteration, or repair of a housing project under the division’s
-309-1 department’s jurisdiction.
2b. Develop and implement studies, conduct analyses, and
3engage in research concerning housing and housing needs. The
4information obtained from these activities shall be made
5available to the public and to the building, housing, and
6supply industries.
7c. Cooperate with the Iowa finance authority, and
8 participate in any of the authority’s programs. Use, and use
9 any funds obtained pursuant to subsection 1 to participate in
10the authority’s programs. The division department shall comply
11with rules adopted by the authority as the rules apply to the
12housing activities of the division department.
133. In accepting contributions, grants, or other financial
14assistance from the federal government relating to a housing
15activity of the division department, including construction,
16operation, or maintenance, or in managing a housing project or
17undertaking constructed or owned by the federal government, the
18division department may do any of the following:
19a. Comply with federally required conditions or enter into
20contracts or agreements as may be necessary, convenient, or
21desirable.
22b. Take any other action necessary or desirable in order
23to secure the financial aid or cooperation of the federal
24government.
25c. Include in a contract with the federal government for
26financial assistance any provision which the federal government
27may require as a condition of the assistance that is consistent
28with the provisions of this section.
294. The division department shall not proceed with a housing
30project pursuant to this section, unless both of the following
31conditions are met:
32a. A study for a report which includes recommendations
33concerning the housing available within a community is publicly
34issued by the division department. The study shall be included
35in the division’s department’s recommendations for a housing
-310-1project.
2b. The division’s department’s recommendations are approved
3by a majority of the city council or board of supervisors
4with jurisdiction over the geographic area affected by the
5recommendations.
65. Property acquired or held pursuant to this section
7is public property used for essential public purposes and is
8declared to be exempt from any tax or special assessment of the
9state or any state public body as defined in section 403A.2.
10In lieu of taxes on the property, the division department may
11agree to make payments to the state or a state public body,
12including but not limited to the division department, as the
13division department finds necessary to maintain the purpose of
14providing low-cost housing in accordance with this section.
156. Any property owned or held by the division department
16 pursuant to this section is exempt from levy and sale by
17execution. An execution or other judicial process shall not be
18issued against the property and a judgment against the division
19 department shall not be a lien or charge against the property.
20However, the provisions of this subsection shall not apply to
21or limit the right of the federal government to pursue any
22remedies available under this section. The provisions of this
23subsection shall also not apply to or limit the right of an
24obligee to take either of the following actions:
25a. Foreclose or otherwise enforce a mortgage or other
26security executed or issued pursuant to this section.
27b. Pursue remedies for the enforcement of a pledge or lien
28on rents, fees, or revenues.
297. In any contract with the federal government to provide
30annual payments to the division department, the division
31 department may obligate itself to convey to the federal
32government possession of or title to the housing project
33in the event of a substantial default as defined in the
34contract and with respect to the covenant or conditions to
35which the division department is subject. The obligation
-311-1shall be specifically enforceable and shall not constitute a
2mortgage. The contract may also provide that in the event of
3a conveyance, the federal government may complete, operate,
4manage, lease, convey, or otherwise deal with the housing
5project and funds in accordance with the terms of the contract.
6However, the contract shall require that, as soon as is
7practicable after the federal government is satisfied that all
8defaults with respect to the housing project are cured and the
9housing project will be operated in accordance with the terms
10of the contract, the federal government shall reconvey the
11housing project to the division department.
128. The division department shall not undertake a housing
13project pursuant to this section until a public hearing has
14been held. At the hearing, the division department shall
15notify the public of the proposed project’s name, location,
16number of living units proposed, and approximate cost. Notice
17of the public hearing shall be published at least once in a
18newspaper of general circulation at least fifteen days prior to
19the date set for the hearing.
20 Sec. 467. Section 225C.47, subsection 2, Code 2023, is
21amended to read as follows:
222. A comprehensive family support program is created in the
23department of human services to provide a statewide system of
24services and support to eligible families. The program shall
25be implemented in a manner which enables a family member of
26an individual with a disability to identify the services and
27support needed to enable the individual to reside with the
28individual’s family, to function more independently, and to
29increase the individual’s integration into the community.
30 Sec. 468. Section 225C.49, Code 2023, is amended to read as
31follows:
32225C.49 Departmental duties concerning services to
33individuals with a disability.
341. The department shall provide coordination of the
35programs administered by the department which serve individuals
-312-1with a disability and the individuals’ families, including but
2not limited to the following juvenile justice and child welfare
3services: family-centered services described under section
4232.102, decategorization of child welfare funding provided
5for under section 232.188, and foster care services paid under
6section 234.35, subsection 3. The department shall regularly
7review administrative rules associated with such programs
8and make recommendations to the council on human services,
9governor, and general assembly for revisions to remove barriers
10to the programs for individuals with a disability and the
11individuals’ families including the following:
12a. Eligibility prerequisites which require declaring the
13individual at risk of abuse, neglect, or out-of-home placement.
14b. Time limits on services which restrict addressing ongoing
15needs of individuals with a disability and their families.
162. The department shall coordinate the department’s
17programs and funding utilized by individuals with a disability
18and their families with other state and local programs and
19funding directed to individuals with a disability and their
20families.
213. In implementing the provisions of this section, the
22department shall do all of the following:
23a. Compile information concerning services and other support
24available to individuals with a disability and their families.
25Make the information available to individuals with a disability
26and their families and department staff.
27b. Utilize internal training resources or contract for
28additional training of staff concerning the information
29under paragraph “a” and training of families and individuals
30as necessary to implement the family support subsidy and
31comprehensive family support programs under this chapter.
324. The department shall designate one individual whose sole
33duties are to provide central coordination of the programs
34under sections 225C.36 and 225C.47 and to oversee development
35and implementation of the programs.
-313-1 Sec. 469. Section 225C.51, Code 2023, is amended to read as
2follows:
3225C.51 Children’s behavioral health system state board.
41. A children’s behavioral health system state board
5is created as the state body to provide guidance on the
6implementation and management of a children’s behavioral health
7system for the provision of services to children with a serious
8emotional disturbance. State board members shall be appointed
9on the basis of interest and experience in the fields of
10children’s behavioral health to ensure adequate representation
11from persons with life experiences and from persons
12knowledgeable about children’s behavioral health services. The
13department shall provide support to the state board, and the
14board may utilize staff support and other assistance provided
15to the state board by other persons. The state board shall
16meet at least four times per year. The membership of the state
17board shall consist of the following persons:
18a. The director of the department of health and human
19services or the director’s designee.
20b. The director of the department of education or the
21director’s designee.
22c. The director of the department of public health or the
23director’s designee.
24d. c. The director of workforce development or the
25director’s designee.
26e. d. A member of the mental health and disability services
27commission.
28f. e. Members appointed by the governor who are active
29members of each of the indicated groups:
30(1) One member shall be selected from nominees submitted by
31the state court administrator.
32(2) One member shall be selected from nominees submitted by
33the early childhood Iowa office program in the department of
34management.
35(3) One member shall be a board member or an employee of a
-314-1provider of mental health services to children.
2(4) One member shall be a board member or an employee of a
3provider of child welfare services.
4(5) One member shall be an administrator of an area
5education agency.
6(6) One member shall be an educator, counselor, or
7administrator of a school district.
8(7) One member shall be a representative of an established
9advocacy organization whose mission or purpose it is, in part,
10to further goals related to children’s mental health.
11(8) One member shall be a parent or guardian of a child
12currently utilizing or who has utilized behavioral health
13services.
14(9) One member shall be a sheriff.
15(10) One member shall be a pediatrician.
16(11) One member shall be a representative from a health care
17system.
18(12) One member shall be a chief executive officer of a
19mental health and disability services region.
20g. f. In addition to the voting members, the membership
21shall include four members of the general assembly with one
22member designated by each of the following: the majority
23leader of the senate, the minority leader of the senate, the
24speaker of the house of representatives, and the minority
25leader of the house of representatives. A legislative member
26serves for a term as provided in section 69.16B in a nonvoting,
27ex officio capacity and is not eligible for per diem and
28expenses as provided in section 2.10.
292. Members appointed by the governor shall serve four-year
30staggered terms and are subject to confirmation by the senate.
31The four-year terms shall begin and end as provided in section
3269.19. Vacancies on the state board shall be filled as
33provided in section 2.32. A member shall not be appointed for
34more than two consecutive four-year terms.
353. The director of the department of human services and the
-315-1director of the department of education, or their designees,
2shall serve as co-chairpersons of the state board. Board
3members shall not be entitled to a per diem as specified in
4section 7E.6 and shall not be entitled to actual and necessary
5expenses incurred while engaged in their official duties.
6 Sec. 470. Section 225C.52, subsection 1, Code 2023, is
7amended to read as follows:
81. Advise the administrator director on the administration
9of the children’s behavioral health system.
10 Sec. 471. Section 225D.1, subsection 6, Code 2023, is
11amended to read as follows:
126. “Department” means the department of health and human
13services.
14 Sec. 472. Section 226.1, Code 2023, is amended to read as
15follows:
16226.1 Official designation — definitions.
171. The state hospitals for persons with mental illness shall
18be designated as follows:
19a. Mental Health Institute, Independence, Iowa.
20b. Mental Health Institute, Cherokee, Iowa.
212. a. The purpose of the mental health institutes is to
22operate as regional resource centers providing one or more of
23the following:
24(1) Treatment, training, care, habilitation, and support of
25persons with mental illness or a substance abuse problem use
26disorder.
27(2) Facilities, services, and other support to the
28communities located in the region being served by a mental
29health institute so as to maximize the usefulness of the mental
30health institutes while minimizing overall costs.
31(3) A unit for the civil commitment of sexually violent
32predators committed to the custody of the director of human
33services pursuant to chapter 229A.
34b. In addition, the mental health institutes are encouraged
35to act as a training resource for community-based program
-316-1staff, medical students, and other participants in professional
2education programs.
33. A mental health institute may request the approval of the
4council on human services to change the name of the institution
5for use in communication with the public, in signage, and in
6other forms of communication.
74. For the purposes of this chapter, unless the context
8otherwise requires:
9a. “Administrator” means the person assigned by the
10director of human services to control the state mental health
11institutes. “Council” means the council on health and human
12services.
13b. “Department” means the department of health and human
14services.
15c. “Director” means the director of health and human
16services.
17c. d. “Mental health and disability services region” means
18a mental health and disability services region formed in
19accordance with section 331.389.
20e. “Mental health institute” or “state mental health
21institute” means a state hospital for persons with mental
22illness as designated in this chapter.
23d. f. “Regional administrator” means the regional
24administrator of a mental health and disability services
25region, same as defined in section 331.388.
26 Sec. 473. Section 226.4, Code 2023, is amended to read as
27follows:
28226.4 Salary of superintendent.
29The salary of the superintendent of each hospital mental
30health institute shall be determined by the administrator
31 director.
32 Sec. 474. Section 226.5, Code 2023, is amended to read as
33follows:
34226.5 Superintendent as witness.
35The superintendents and assistant physicians of said
-317-1hospitals the mental health institutes, when called as
2witnesses in any court, shall be paid the same mileage which
3other witnesses are paid and in addition thereto shall be paid
4a fee of twenty-five dollars per day, said the fee to revert to
5the support fund of the hospital mental health institute the
6superintendent or assistant physician serves.
7 Sec. 475. Section 226.6, Code 2023, is amended to read as
8follows:
9226.6 Duties of superintendent.
10The superintendent shall:
111. Have the control of the medical, mental, moral, and
12dietetic treatment of the patients in the superintendent’s
13custody subject to the approval of the administrator director.
142. Require all subordinate officers and employees to
15perform their respective duties.
163. Have an official seal with the name of the hospital
17 mental health institute and the word “Iowa” thereon and on
18the seal. The superintendent may affix the same seal to all
19notices, orders of discharge, or other papers required to be
20given by the superintendent.
214. Keep proper books in which shall be entered all moneys
22and supplies received on account of any patient and a detailed
23account of the disposition of the same all moneys and supplies.
24 Sec. 476. Section 226.7, subsection 1, paragraph a,
25unnumbered paragraph 1, Code 2023, is amended to read as
26follows:
27Preference in the reception of patients into said hospitals
28 the mental health institutes shall be exercised in the
29following order:
30 Sec. 477. Section 226.8, subsection 1, paragraph b, Code
312023, is amended to read as follows:
32b. If determined appropriate for the person at the
33sole discretion of the director of human services, the
34administrator, or the director’s or administrator’s designee.
35 Sec. 478. Section 226.9, Code 2023, is amended to read as
-318-1follows:
2226.9 Custody of patient.
3The superintendent, upon the receipt of a duly executed
4order of admission of a patient into the hospital for persons
5with mental illness a state mental health institute, pursuant
6to section 229.13, shall take such the patient into custody and
7restrain the patient as provided by law and the rules of the
8administrator department, without liability on the part of such
9superintendent and all other officers of the hospital mental
10health institute to prosecution of any kind on account thereof,
11but no person shall be detained in the hospital mental health
12institute who is found by the superintendent to be in good
13mental health.
14 Sec. 479. Section 226.10, Code 2023, is amended to read as
15follows:
16226.10 Equal treatment.
17The patients of the state mental health institutes,
18according to their different conditions of mind and body, and
19their respective needs, shall be provided for and treated
20with equal care. If in addition to mental illness a patient
21has a co-occurring intellectual disability, brain injury, or
22substance abuse use disorder, the care provided shall also
23address the co-occurring needs.
24 Sec. 480. Section 226.11, Code 2023, is amended to read as
25follows:
26226.11 Special care permitted.
27Patients may have such special care as may be agreed upon
28with the superintendent, if the friends or relatives of the
29patient will pay the expense thereof of the special care.
30Charges for such special care and attendance shall be paid
31quarterly in advance.
32 Sec. 481. Section 226.12, Code 2023, is amended to read as
33follows:
34226.12 Monthly reports.
35The administrator director shall assure that the
-319-1superintendent of each institute provides monthly reports
2concerning the programmatic, environmental, and fiscal
3condition of the mental health institute. The administrator
4 director or the administrator’s director’s designee shall
5periodically visit each institute to validate the information.
6 Sec. 482. Section 226.13, Code 2023, is amended to read as
7follows:
8226.13 Patients allowed to write.
9The name and address of the administrator director shall
10be kept posted in every ward in each hospital mental health
11institute. Every patient shall be allowed to write once a week
12what the patient pleases to said administrator the director
13 and to any other person. The superintendent may send letters
14addressed to other parties to the administrator director for
15inspection before forwarding them to the individual addressed.
16 Sec. 483. Section 226.14, Code 2023, is amended to read as
17follows:
18226.14 Writing material.
19Every patient shall be furnished by the superintendent or
20party having charge of such person the patient, at least once
21in each week, with suitable materials for writing, enclosing,
22sealing, and mailing letters, if the patient requests and uses
23the same materials.
24 Sec. 484. Section 226.15, Code 2023, is amended to read as
25follows:
26226.15 Letters to administrator director.
27The superintendent or other officer in charge of a patient
28shall, without reading the same letters, receive all letters
29addressed to the administrator director, if so requested, and
30shall properly mail the same letters, and deliver to such
31patient all letters or other writings addressed to the patient.
32Letters written to the person so confined patient may be
33examined by the superintendent, and if, in the superintendent’s
34opinion, the delivery of such letters would be injurious to the
35person so confined patient, the superintendent shall return the
-320-1letters to the writer with the superintendent’s reasons for not
2delivering them the letters.
3 Sec. 485. Section 226.16, Code 2023, is amended to read as
4follows:
5226.16 Unauthorized departure and retaking.
6It shall be the duty of the The superintendent and of all
7other officers and employees of any of said hospitals mental
8health institute, in case of the unauthorized departure of
9any involuntarily hospitalized patient, to shall exercise
10all due diligence to take into protective custody and return
11said the patient to the hospital mental health institute.
12A notification by the superintendent of such unauthorized
13departure to any peace officer of the state or to any private
14person shall be sufficient authority to such officer or person
15to take and return such the patient to the hospital mental
16health institute.
17 Sec. 486. Section 226.17, Code 2023, is amended to read as
18follows:
19226.17 Expense attending retaking.
20All actual and necessary expenses incurred in the taking
21into protective custody, restraint, and return to the hospital
22 mental health institute of the patient shall be paid on
23itemized vouchers, sworn to by the claimants and approved by
24the business manager and the administrator director or the
25director’s designee, from any moneys in the state treasury not
26otherwise appropriated.
27 Sec. 487. Section 226.18, Code 2023, is amended to read as
28follows:
29226.18 Investigation as to mental health.
30The administrator director may investigate the mental
31condition of any patient and shall discharge any person, if, in
32the administrator’s director’s opinion, such the person is not
33mentally ill, or can be cared for after such discharge without
34danger to others, and with benefit to the patient; but in. In
35 determining whether such the patient shall be discharged, the
-321-1recommendation of the superintendent shall be secured. If the
2administrator director orders the discharge of an involuntarily
3hospitalized patient, the discharge shall be by the procedure
4prescribed in section 229.16. The power to investigate the
5mental condition of a patient is merely permissive, and does
6not repeal or alter any statute respecting the discharge or
7commitment of patients of the state hospitals mental health
8institutes.
9 Sec. 488. Section 226.22, Code 2023, is amended to read as
10follows:
11226.22 Clothing furnished.
12Upon such discharge, the business manager department shall
13furnish such the person discharged, unless otherwise supplied,
14with suitable clothing and a sum of money not exceeding twenty
15dollars, which shall be charged with the other expenses of such
16 the patient in the hospital mental health institute.
17 Sec. 489. Section 226.23, Code 2023, is amended to read as
18follows:
19226.23 Convalescent leave of patients.
20Upon the recommendation of the superintendent and in
21accordance with section 229.15, subsection 5, in the case of
22an involuntary patient, the administrator director may place
23the patient on convalescent leave said patient for a period not
24to exceed one year, under such conditions as are prescribed by
25said administrator the director.
26 Sec. 490. Section 226.26, Code 2023, is amended to read as
27follows:
28226.26 Dangerous patients.
29The administrator director, on the recommendation of the
30superintendent, and on the application of the relatives or
31friends of a patient who is not cured and who cannot be safely
32allowed to go at liberty, may release the patient when fully
33satisfied that the relatives or friends will provide and
34maintain all necessary supervision, care, and restraint over
35the patient. If the patient being released was involuntarily
-322-1hospitalized, the consent of the district court which ordered
2the patient’s hospitalization placement shall be obtained in
3advance in substantially the manner prescribed by section
4229.14.
5 Sec. 491. Section 226.27, Code 2023, is amended to read as
6follows:
7226.27 Patient accused or acquitted of crime or awaiting
8judgment.
9If a patient was committed to a state hospital mental health
10institute for evaluation or treatment under chapter 812 or the
11rules of criminal procedure, further proceedings shall be had
12under chapter 812 or the applicable rule when the evaluation
13has been completed or the patient has regained mental capacity,
14as the case may be.
15 Sec. 492. Section 226.30, Code 2023, is amended to read as
16follows:
17226.30 Transfer of dangerous patients.
18When a patient of any hospital for persons with mental
19illness health institute becomes incorrigible and unmanageable
20to such an extent that the patient is dangerous to the safety
21of others in the hospital institute, the administrator
22 director, with the consent of the director of the Iowa
23department of corrections, may apply in writing to the district
24court or to any judge thereof of the district court, of
25the county in which the hospital institute is situated, for
26an order to transfer the patient to the Iowa medical and
27classification center and if the order is granted the patient
28shall be so transferred. The county attorney of the county
29shall appear in support of the application on behalf of the
30administrator director.
31 Sec. 493. Section 226.32, Code 2023, is amended to read as
32follows:
33226.32 Overcrowded conditions.
34The administrator director shall order the discharge or
35removal from the hospital mental health institute of incurable
-323-1and harmless patients whenever it is necessary to make room
2for recent cases. If a patient who is to be so discharged
3entered the hospital mental health institute voluntarily, the
4administrator director shall notify the regional administrator
5for the county interested at least ten days in advance of the
6day of actual discharge.
7 Sec. 494. Section 226.33, Code 2023, is amended to read as
8follows:
9226.33 Notice to court.
10When a patient who was hospitalized involuntarily and who
11has not fully recovered is discharged from the hospital mental
12health institute by the administrator director under section
13226.32, notice of the order shall at once be sent to the court
14which ordered the patient’s hospitalization, in the manner
15prescribed by section 229.14.
16 Sec. 495. Section 226.40, Code 2023, is amended to read as
17follows:
18226.40 Emergency patients.
19In case of emergency disaster, with the infliction of
20numerous casualties among the civilian population, the mental
21health institutes are authorized to may accept sick and wounded
22persons without commitment or any other formalities.
23 Sec. 496. Section 226.41, Code 2023, is amended to read as
24follows:
25226.41 Charge permitted.
26The hospital is authorized to make a mental health institute
27may charge for patients admitted under section 226.40, in the
28manner provided by law and subject to the changes provided in
29section 226.42.
30 Sec. 497. Section 226.42, Code 2023, is amended to read as
31follows:
32226.42 Emergency powers of superintendents.
33In case the mental health institutes lose contact with
34the statehouse seat of government, due to enemy action or
35otherwise, the superintendents of the institutes are hereby
-324-1delegated the following powers and duties may do any of the
2following:
31. May collect Collect moneys due the state treasury from
4the counties and from responsible persons or other relatives,
5these funds to be collected monthly, instead of quarterly, and
6to be deposited for use in operating the institutes.
72. The superintendent shall have the power to requisition
8 Requisition supplies, such as food, fuel, drugs and medical
9equipment, from any source available, in the name of the state,
10with the power to and enter into contracts binding the state
11for payment at an indefinite future time.
123. The superintendent shall be authorized to employ Employ
13 personnel in all categories and for whatever remuneration the
14superintendent deems necessary, without regard to existing
15laws, rules, or regulations, in order to permit the institute
16to continue its old existing functions, as well as and meet its
17additional responsibilities.
18 Sec. 498. Section 226.43, Code 2023, is amended to read as
19follows:
20226.43 Fund created.
21There is hereby established at each hospital mental health
22institute a fund known as the “patients’ personal deposit
23fund”.
24 Sec. 499. Section 226.44, Code 2023, is amended to read as
25follows:
26226.44 Deposits.
27Any funds, including social security benefits, coming into
28the possession of the superintendent or any employee of the
29hospital mental health institute belonging to any patient in
30that hospital mental health institute, shall be deposited in
31the name of that patient in the patients’ personal deposit
32fund, except that if a guardian of the property of that patient
33has been appointed, the guardian shall have the right to demand
34and receive such funds. Funds belonging to a patient deposited
35in the patients’ personal deposit fund may be used for the
-325-1purchase of personal incidentals, desires and comforts for the
2patient.
3 Sec. 500. Section 226.45, Code 2023, is amended to read as
4follows:
5226.45 Reimbursement to county or state.
6If a patient is not receiving medical assistance under
7chapter 249A and the amount in the account of any patient
8in the patients’ personal deposit fund exceeds two hundred
9dollars, the business manager of the hospital mental health
10institute may apply any of the excess to reimburse the county
11of residence or the state when the patient is a resident in
12another state or in a foreign country, or when the patient’s
13residence is unknown, for liability incurred by the county or
14the state for the payment of care, support, and maintenance of
15the patient, when billed by the county of residence or by the
16administrator when the patient is a resident in another state
17or in a foreign country, or when the patient’s residence is
18unknown department.
19 Sec. 501. Section 226.46, Code 2023, is amended to read as
20follows:
21226.46 Deposit of fund.
22The business manager department shall deposit the patients’
23personal deposit fund in a commercial account of a bank of
24reputable standing. When deposits in the commercial account
25exceed average monthly withdrawals, the business manager
26 department may deposit the excess at interest. The savings
27account shall be in the name of the patients’ personal deposit
28fund and interest paid thereon on the account may be used for
29recreational purposes at the hospital mental health institute.
30 Sec. 502. Section 227.1, Code 2023, is amended to read as
31follows:
32227.1 Definitions — supervision.
331. For the purposes of this chapter, unless the context
34otherwise requires:
35a. “Administrator” means the person assigned by the director
-326-1of human services in the appropriate division of the department
2to administer mental health and disability services. “County
3care facility” means a county care facility operated under
4chapter 347B.
5b. “Department” means the department of health and human
6services.
7c. “Director” means the director of health and human
8services.
9d. “Facility” includes a county care facility and a private
10or county facility, including a hospital, for persons with
11mental illness or an intellectual disability.
12c. e. “Mental health and disability services region” means
13a mental health and disability services region formed in
14accordance with section 331.389.
15f. “Patient” means a person receiving care in a facility or
16a state mental health institute.
17d. g. “Regional administrator” means the regional
18administrator of a mental health and disability services
19region, same as defined in section 331.388.
20h. “Resident” means a person cared for in a county care
21facility.
222. The regulatory requirements for county and private
23institutions facilities where persons with mental illness or
24an intellectual disability are admitted, committed, or placed
25shall be administered by the administrator department.
26 Sec. 503. Section 227.2, Code 2023, is amended to read as
27follows:
28227.2 Inspection.
291. The director of inspections, and appeals, and licensing
30 shall make, or cause to be made, at least one licensure
31inspection each year of every county care facility. Either
32the administrator of the division director or the director of
33the department of inspections, and appeals, and licensing, in
34cooperation with each other, upon receipt of a complaint or for
35good cause, may make, or cause to be made, a review of a county
-327-1care facility or of any other private or county institution
2 facility where persons with mental illness or an intellectual
3disability are admitted or reside. A licensure inspection
4or a review shall be made by a competent and disinterested
5person who is acquainted with and interested in the care of
6persons with mental illness and persons with an intellectual
7disability. The objective of a licensure inspection or a
8review shall be an evaluation of the programming and treatment
9provided by the facility. After each licensure inspection of
10a county care facility, the person who made the inspection
11shall consult with the regional administrator for the county
12in which the facility is located on plans and practices that
13will improve the care given patients residents. The person
14shall also make recommendations to the administrator of the
15division and the director of public health for coordinating
16and improving the relationships between the administrators of
17county care facilities, the administrator of the division,
18the director of public health, the superintendents of state
19mental health institutes and resource centers, community
20mental health centers, mental health and disability services
21regions, and other cooperating agencies, to cause improved
22and more satisfactory care of patients. A written report of
23each licensure inspection of a county care facility under this
24section shall be filed by the person with the administrator of
25the division and the director of public health department and
26shall include:
27a. The capacity of the institution facility for the care of
28residents.
29b. The number, sex, ages, and primary diagnoses of the
30residents.
31c. The care of residents, their food, clothing, treatment
32plan, employment, and opportunity for recreational activities
33and for productive work intended primarily as therapeutic
34activity.
35d. The number, job classification, sex, duties, and salaries
-328-1of all employees.
2e. The cost to the state or county of maintaining residents
3in a county care facility.
4f. The recommendations given to and received from the
5regional administrator on methods and practices that will
6improve the conditions under which the county care facility is
7operated.
8g. Any failure to comply with standards adopted under
9section 227.4 for care of persons with mental illness and
10persons with an intellectual disability in county care
11facilities, which is not covered in information submitted
12pursuant to paragraphs “a” through “f”, and any other matters
13which the director of public health, in consultation with the
14administrator of the division, may require.
152. A copy of the written report prescribed by subsection 1
16shall be furnished to the county board of supervisors, to the
17regional administrator for the county, to the administrator
18of the county care facility inspected and to its certified
19volunteer long-term care ombudsman, and to the department on
20aging.
213. The department of inspections, and appeals, and
22licensing shall inform the administrator of the division
23 department of an action by the department of inspections,
24appeals, and licensing to suspend, revoke, or deny renewal of a
25license issued by the department of inspections, and appeals,
26and licensing to a county care facility, and the reasons for
27the action.
284. In addition to the licensure inspections required or
29authorized by this section, the administrator of the division
30 department shall cause to be made an evaluation of each person
31cared for in a county care facility at least once each year by
32one or more qualified mental health, intellectual disability,
33or medical professionals, whichever is appropriate.
34a. It is the responsibility of the state to secure the
35annual evaluation for each person who is on convalescent leave
-329-1or who has not been discharged from a state mental health
2institute. It is the responsibility of the county to secure
3the annual evaluation for all other persons with mental illness
4in the county care facility.
5b. It is the responsibility of the state to secure the
6annual evaluation for each person who is on leave and has
7not been discharged from a state resource center. It is the
8responsibility of the county to secure the annual evaluation
9for all other persons with an intellectual disability in the
10county care facility.
11c. It is the responsibility of the county to secure an
12annual evaluation of each resident of a county care facility to
13whom neither paragraph “a” nor paragraph “b” is applicable.
145. The evaluations required by subsection 4 shall include
15an examination of each person which shall reveal the person’s
16condition of mental and physical health and the likelihood
17of improvement or discharge and other recommendations
18concerning the care of those persons as the evaluator deems
19pertinent. One copy of the evaluation shall be filed with the
20administrator of the division department and one copy shall be
21filed with the administrator of the county care facility.
22 Sec. 504. Section 227.3, Code 2023, is amended to read as
23follows:
24227.3 Residents to have hearing Resident and patient input.
25The inspector conducting any licensure inspection or review
26under section 227.2 shall give each resident or patient an
27opportunity to converse with the inspector out of the hearing
28of any officer or employee of the institution facility, and
29shall fully investigate all complaints and report the result in
30writing to the administrator of the division department. The
31administrator department before acting on the report adversely
32to the institution facility, shall give the persons in charge a
33copy of the report and an opportunity to be heard.
34 Sec. 505. Section 227.4, Code 2023, is amended to read as
35follows:
-330- 1227.4 Standards for care of persons with mental illness or an
2intellectual disability in county care facilities.
3The administrator department, in cooperation with the
4department of inspections and appeals, shall recommend
5and the mental health and disability services commission
6created in section 225C.5 shall adopt, or amend and adopt,
7standards for the care of and services to persons with
8mental illness or an intellectual disability residing in
9county care facilities. The standards shall be enforced by
10the department of inspections and appeals as a part of the
11licensure inspection conducted pursuant to chapter 135C. The
12objective of the standards is to ensure that persons with
13mental illness or an intellectual disability who are residents
14of county care facilities are not only adequately fed, clothed,
15and housed, but are also offered reasonable opportunities for
16productive work and recreational activities suited to their
17physical and mental abilities and offering both a constructive
18outlet for their energies and, if possible, therapeutic
19benefit. When recommending standards under this section, the
20administrator department shall designate an advisory committee
21representing administrators of county care facilities, regional
22administrators, mental health and disability services region
23governing boards, and county care facility certified volunteer
24long-term care ombudsmen to assist in the establishment of
25standards.
26 Sec. 506. Section 227.6, Code 2023, is amended to read as
27follows:
28227.6 Removal of residents or patients.
29If a county care facility fails to comply with rules and
30standards adopted under this chapter, the administrator
31 department may remove all persons with mental illness and
32all persons with an intellectual disability cared for in
33the county care facility at public expense, to the proper
34state mental health institute or resource center, or to
35some private or county institution or hospital facility for
-331-1the care of persons with mental illness or an intellectual
2disability that has complied with the rules prescribed by
3the administrator department. Residents being transferred
4to a state mental health institute or resource center shall
5be accompanied by an attendant or attendants sent from the
6institute or resource center. If a resident is transferred
7under this section, at least one attendant shall be of the
8same sex. If the administrator department finds that the
9needs of residents patients with mental illness and residents
10 patients with an intellectual disability of any other county
11or private institution facility are not being adequately met,
12those residents patients may be removed from that institution
13 facility upon order of the administrator department.
14 Sec. 507. Section 227.7, Code 2023, is amended to read as
15follows:
16227.7 Cost — collection from county.
17The cost of such removal, including all expenses of said
18 the attendant, shall be certified by the superintendent of the
19hospital facility receiving the patient, to the director of
20the department of administrative services, who shall draw a
21warrant upon the treasurer of state for said sum the amount,
22which shall be credited to the support fund of said hospital
23 the facility and charged against the general revenues of the
24state and collected by the director of the department of
25administrative services from the county which sent said the
26 patient to said institution the facility.
27 Sec. 508. Section 227.8, Code 2023, is amended to read as
28follows:
29227.8 Notification to guardians.
30The administrator department shall notify the guardian,
31or one or more of the relatives, of patients kept at private
32expense, of all violations of said the rules by said the
33 private or county institutions facilities, and of the action of
34the administrator department as to all other patients.
35 Sec. 509. Section 227.9, Code 2023, is amended to read as
-332-1follows:
2227.9 Investigating mental health.
3Should When the administrator believe department determines
4 that any person in any such county or private institution
5 facility is in good mental health, or illegally restrained
6of liberty, the administrator department shall institute and
7prosecute proceedings in the name of the state, before the
8proper officer, board, or court, for the discharge of such the
9 person.
10 Sec. 510. Section 227.10, Code 2023, is amended to read as
11follows:
12227.10 Transfers from county or private institutions
13 facilities.
14Patients who have been admitted at public expense to any
15institution facility to which this chapter is applicable may
16be involuntarily transferred to the proper state hospital for
17persons with mental illness health institute in the manner
18prescribed by sections 229.6 through 229.13. The application
19required by section 229.6 may be filed by the administrator
20of the division director or the administrator’s director’s
21 designee, or by the administrator of the institution facility
22 where the patient is then being maintained or treated.
23If the patient was admitted to that institution facility
24 involuntarily, the administrator of the division department
25 may arrange and complete the transfer, and shall report it
26as required of a chief medical officer under section 229.15,
27subsection 5. The transfer shall be made at the mental health
28and disability services region’s expense, and the expense
29recovered, as provided in section 227.7. However, transfer
30under this section of a patient whose expenses are payable
31in whole or in part by the mental health and disability
32services region is subject to an authorization for the transfer
33through the regional administrator for the patient’s county of
34residence.
35 Sec. 511. Section 227.11, Code 2023, is amended to read as
-333-1follows:
2227.11 Transfers from state hospitals mental health
3institutes.
4A regional administrator for the county chargeable with
5the expense of a patient in a state hospital for persons with
6 mental illness health institute shall transfer the patient
7to a county or private institution facility for persons with
8mental illness that is in compliance with the applicable
9rules when the administrator of the division director or the
10administrator’s director’s designee orders the transfer on a
11finding that the patient is suffering from a serious mental
12illness and will receive equal benefit by being so transferred.
13A mental health and disability services region shall transfer
14to a county care facility any patient in a state hospital for
15persons with mental illness health institute upon request
16of the superintendent of the state hospital mental health
17institute in which the patient is confined pursuant to the
18superintendent’s authority under section 229.15, subsection 5,
19and approval by the regional administrator for the county of
20the patient’s residence. In no case shall a patient be thus
21 transferred except upon compliance with section 229.14A or
22without the written consent of a relative, friend, or guardian
23if such relative, friend, or guardian pays the expense of
24the care of such patient in a state hospital mental health
25institute. Patients transferred to a public or private
26facility under this section may subsequently be placed on
27convalescent or limited leave or transferred to a different
28facility for continued full-time custody, care, and treatment
29when, in the opinion of the attending physician or the chief
30medical officer of the hospital facility from which the patient
31was so transferred, the best interest of the patient would be
32served by such the leave or transfer. For any patient who is
33involuntarily committed, any transfer made under this section
34is subject to the placement hearing requirements of section
35229.14A.
-334-1 Sec. 512. Section 227.12, Code 2023, is amended to read as
2follows:
3227.12 Difference of opinion.
4When a difference of opinion exists between the
5administrator of the division director and the authorities in
6charge of any private or county hospital facility in regard to
7the transfer of a patient as provided in sections 227.10 and
8227.11, the matter shall be submitted to the district court
9of the county in which such hospital the facility is situated
10and shall be summarily tried as an equitable action, and the
11judgment of the district court shall be final.
12 Sec. 513. Section 227.13, Code 2023, is amended to read as
13follows:
14227.13 Discharge of transferred patient.
15Patients transferred from a state hospital mental health
16institute to such county or private institutions facilities
17 shall not be discharged, when not cured, without the consent of
18the administrator of the division director.
19 Sec. 514. Section 227.14, Code 2023, is amended to read as
20follows:
21227.14 Caring for persons with mental illness from other
22counties.
23The regional administrator for a county that does not have
24proper facilities for caring for persons with mental illness
25may, with the consent of the administrator of the division
26 department, provide for such care at the expense of the mental
27health and disability services region in any convenient and
28proper county or private institution facility for persons with
29mental illness which is willing to receive the persons.
30 Sec. 515. Section 227.15, Code 2023, is amended to read as
31follows:
32227.15 Authority to involuntarily confine in hospital.
33No A person shall not be involuntarily confined and
34restrained in any private institution or hospital or county
35hospital facility or other general hospital with a psychiatric
-335-1ward for the care or treatment of persons with mental illness,
2except by the procedure prescribed in sections 229.6 through
3229.15.
4 Sec. 516. Section 229.1, Code 2023, is amended to read as
5follows:
6229.1 Definitions.
7As used in this chapter, unless the context clearly requires
8otherwise:
91. “Administrator” means the administrator of the department
10of human services assigned, in accordance with section
11218.1, to control the state mental health institutes, or that
12administrator’s designee.
132. 1. “Advocate” means a mental health advocate.
143. 2. “Auditor” means the county auditor or the auditor’s
15designee.
164. 3. “Chemotherapy” means treatment of an individual by
17use of a drug or substance which cannot legally be delivered
18or administered to the ultimate user without a physician’s
19prescription or medical order.
205. 4. “Chief medical officer” means the medical director in
21charge of a public or private hospital, or that individual’s
22physician-designee. This chapter does not negate the authority
23otherwise reposed by law in the respective superintendents
24of each of the state hospitals for persons with mental
25illness health institutes, established by chapter 226, to
26make decisions regarding the appropriateness of admissions or
27discharges of patients of that hospital, state mental health
28institute; however, it is the intent of this chapter that if
29the superintendent is not a licensed physician the decisions by
30the superintendent shall be corroborated by the chief medical
31officer of the hospital mental health institute.
326. 5. “Clerk” means the clerk of the district court.
336. “Department” means the department of health and human
34services.
357. “Director” means the director of health and human
-336-1services.
27. 8. “Hospital” means either a public hospital or a
3private hospital.
48. 9. “Licensed physician” means an individual licensed
5under the provisions of chapter 148 to practice medicine and
6surgery or osteopathic medicine and surgery.
79. 10. “Magistrate” means the same as defined in section
8801.4, subsection 10.
910. 11. “Mental health and disability services region”
10means a mental health and disability services region formed in
11accordance with section 331.389.
1211. 12. “Mental health professional” means the same as
13defined in section 228.1.
1412. 13. “Mental illness” means every type of mental
15disease or mental disorder, except that it does not refer to
16an intellectual disability as defined in section 4.1, or to
17insanity, diminished responsibility, or mental incompetency as
18the terms are defined and used in the Iowa criminal code or in
19the rules of criminal procedure, Iowa court rules.
2013. 14. “Patient” means a person who has been hospitalized
21or ordered hospitalized to receive treatment pursuant to
22section 229.14.
2314. 15. “Private hospital” means any hospital or
24institution facility not directly supported by public funds, or
25a part thereof of such hospital or facility, which is equipped
26and staffed to provide inpatient care to persons with mental
27illness.
2815. 16. “Psychiatric advanced registered nurse practitioner”
29means an individual currently licensed as a registered nurse
30under chapter 152 or 152E who holds a national certification in
31psychiatric mental health care and who is licensed by the board
32of nursing as an advanced registered nurse practitioner.
3316. 17. “Public hospital” means any of the following:
34a. A state mental health institute established by chapter
35226; or.
-337- 1b. The state psychiatric hospital established by chapter
2225; or.
3c. Any other publicly supported hospital or institution
4 facility, or part of such hospital or institution facility,
5which is equipped and staffed to provide inpatient care to
6persons with mental illness, except the Iowa medical and
7classification center established by chapter 904.
817. 18. “Region” means a mental health and disability
9services region formed in accordance with section 331.389.
1018. 19. “Regional administrator” means the regional
11administrator of a mental health and disability services
12region, same as defined in section 331.388.
1319. 20. “Respondent” means any person against whom an
14application has been filed under section 229.6, but who has not
15been finally ordered committed for full-time custody, care, and
16treatment in a hospital.
1720. 21. “Serious emotional injury” is an injury which does
18not necessarily exhibit any physical characteristics, but which
19can be recognized and diagnosed by a licensed physician or
20other mental health professional and which can be causally
21connected with the act or omission of a person who is, or is
22alleged to be, mentally ill.
2321. 22. “Seriously mentally impaired” or “serious mental
24impairment” describes the condition of a person with mental
25illness and because of that illness lacks sufficient judgment
26to make responsible decisions with respect to the person’s
27hospitalization or treatment, and who because of that illness
28meets any of the following criteria:
29a. Is likely to physically injure the person’s self or
30others if allowed to remain at liberty without treatment.
31b. Is likely to inflict serious emotional injury on
32members of the person’s family or others who lack reasonable
33opportunity to avoid contact with the person with mental
34illness if the person with mental illness is allowed to remain
35at liberty without treatment.
-338- 1c. Is unable to satisfy the person’s needs for nourishment,
2clothing, essential medical care, or shelter so that it is
3likely that the person will suffer physical injury, physical
4debilitation, or death.
5d. Has a history of lack of compliance with treatment and
6any of the following apply applies:
7(1) Lack of compliance has been a significant factor in the
8need for emergency hospitalization.
9(2) Lack of compliance has resulted in one or more acts
10causing serious physical injury to the person’s self or others
11or an attempt to physically injure the person’s self or others.
12 Sec. 517. Section 229.2, subsection 1, paragraph b,
13subparagraphs (1) and (2), Code 2023, are amended to read as
14follows:
15(1) Upon receipt of an application for voluntary admission
16of a minor, the chief medical officer shall provide separate
17prescreening interviews and consultations with the parent,
18guardian, or custodian and the minor to assess the family
19environment and the appropriateness of the application for
20admission.
21(2) During the interview and consultation the chief medical
22officer shall inform the minor orally and in writing that the
23minor has a right to object to the admission. If the chief
24medical officer of the hospital to which application is made
25determines that the admission is appropriate but the minor
26objects to the admission, the parent, guardian, or custodian
27must petition the juvenile court for approval of the admission
28before the minor is actually admitted.
29 Sec. 518. Section 229.4, Code 2023, is amended to read as
30follows:
31229.4 Right to release on application.
32A voluntary patient who requests release or whose release
33is requested, in writing, by the patient’s legal guardian,
34parent, spouse, or adult next of kin shall be released from the
35hospital forthwith, except that in accordance with all of the
-339-1following, as applicable:
21. If the patient was admitted on the patient’s own
3application and the request for release is made by some other
4person, release may be conditioned upon the agreement of the
5patient.
62. If the patient is a minor who was admitted on the
7application of the patient’s parent, guardian, or custodian
8pursuant to section 229.2, subsection 1, the patient’s release
9prior to becoming eighteen years of age may be conditioned upon
10the consent of the parent, guardian, or custodian, or upon the
11approval of the juvenile court if the admission was approved by
12the juvenile court; and.
133. If the chief medical officer of the hospital, not later
14than the end of the next secular day on which the office of
15the clerk of the district court for the county in which the
16hospital is located is open and which follows the submission
17of the written request for release of the patient, files with
18that clerk a certification that in the chief medical officer’s
19opinion the patient is seriously mentally impaired, the release
20may be postponed for the period of time the court determines
21is necessary to permit commencement of judicial procedure
22for involuntary hospitalization. That period of time may
23not exceed five days, exclusive of days on which the clerk’s
24office is not open unless the period of time is extended by
25order of a district court judge for good cause shown. Until
26disposition of the application for involuntary hospitalization
27of the patient is determined, if one an application is timely
28filed, the chief medical officer may detain the patient in
29the hospital and may provide treatment which is necessary
30to preserve the patient’s life, or to appropriately control
31behavior by the patient which is likely to result in physical
32injury to the patient or to others if allowed to continue, but
33may not otherwise provide treatment to the patient without the
34patient’s consent.
35 Sec. 519. Section 229.6, subsection 1, Code 2023, is amended
-340-1to read as follows:
21. Proceedings for the involuntary hospitalization of an
3individual pursuant to this chapter or for the involuntary
4commitment or treatment of a person with a substance-related
5 substance use disorder to a facility pursuant to chapter
6125 may be commenced by any interested person by filing a
7verified application with the clerk of the district court of
8the county where the respondent is presently located, or which
9is the respondent’s place of residence. The clerk, or the
10clerk’s designee, shall assist the applicant in completing the
11application.
12 Sec. 520. Section 229.6, subsection 2, paragraph a,
13subparagraph (1), Code 2023, is amended to read as follows:
14(1) A substance-related substance use disorder as defined
15in section 125.2.
16 Sec. 521. Section 229.8, Code 2023, is amended to read as
17follows:
18229.8 Procedure after application is filed.
19As soon as practicable after the filing of an application
20pursuant to section 229.6, the court shall do all of the
21following:
221. Determine whether the respondent has an attorney
23who is able and willing to represent the respondent in the
24hospitalization proceeding, and if not, whether the respondent
25is financially able to employ an attorney and capable of
26meaningfully assisting in selecting one. In accordance with
27those determinations, the court shall if necessary allow the
28respondent to select, or shall assign to the respondent, an
29attorney. If the respondent is financially unable to pay an
30attorney, the attorney shall be compensated by the mental
31health and disability services region at an hourly rate to be
32established by the regional administrator for the county in
33which the proceeding is held in substantially the same manner
34as provided in section 815.7.
352. Cause copies of the application and supporting
-341-1documentation to be sent to the county attorney or the county
2attorney’s attorney-designate for review.
33. Issue a written order which shall provide for all of the
4following:
5a. If not previously done, set a time and place for a
6hospitalization hearing, which shall be at the earliest
7practicable time not less than forty-eight hours after notice
8to the respondent, unless the respondent waives such minimum
9prior notice requirement; and.
10b. Order an examination of the respondent, prior to
11the hearing, by one or more licensed physicians or mental
12health professionals who shall submit a written report on the
13examination to the court as required by section 229.10.
14 Sec. 522. Section 229.11, subsection 1, Code 2023, is
15amended to read as follows:
161. If the applicant requests that the respondent be taken
17into immediate custody and the judge, upon reviewing the
18application and accompanying documentation, finds probable
19cause to believe that the respondent has a serious mental
20impairment and is likely to injure the respondent or other
21persons if allowed to remain at liberty, the judge may enter
22a written order directing that the respondent be taken into
23immediate custody by the sheriff or the sheriff’s deputy
24and be detained until the hospitalization hearing. The
25hospitalization hearing shall be held no more than five days
26after the date of the order, except that if the fifth day after
27the date of the order is a Saturday, Sunday, or a holiday, the
28hearing may be held on the next succeeding business day. If
29the expenses of a respondent are payable in whole or in part by
30a mental health and disability services region, for a placement
31in accordance with paragraph “a”, the judge shall give notice of
32the placement to the regional administrator for the county in
33which the court is located, and for a placement in accordance
34with paragraph “b” or “c”, the judge shall order the placement
35in a hospital or facility designated through the regional
-342-1administrator. The judge may order the respondent detained for
2the period of time until the hearing is held, and no longer,
3in accordance with paragraph “a”, if possible, and if not then
4in accordance with paragraph “b”, or, only if neither of these
5alternatives is available, in accordance with paragraph “c”.
6Detention may be in any of the following:
7a. In the custody of a relative, friend, or other suitable
8person who is willing to accept responsibility for supervision
9of the respondent, and the respondent may be placed under
10such reasonable restrictions as the judge may order including
11but not limited to restrictions on or a prohibition of any
12expenditure, encumbrance, or disposition of the respondent’s
13funds or property; or.
14b. In a suitable hospital the chief medical officer of
15which shall be informed of the reasons why immediate custody
16has been ordered and may provide treatment which is necessary
17to preserve the respondent’s life, or to appropriately control
18behavior by the respondent which is likely to result in
19physical injury to the respondent or to others if allowed
20to continue, but may not otherwise provide treatment to the
21respondent without the respondent’s consent; or.
22c. In the nearest facility in the community which is
23licensed to care for persons with mental illness or substance
24abuse use disorder, provided that detention in a jail or other
25facility intended for confinement of those accused or convicted
26of crime shall not be ordered.
27 Sec. 523. Section 229.13, subsection 1, paragraph b, Code
282023, is amended to read as follows:
29b. The court shall order any other respondent placed under
30the care of an appropriate hospital or facility licensed to
31care for persons with mental illness or substance abuse use
32disorder on an inpatient or outpatient basis.
33 Sec. 524. Section 229.15, subsections 4 and 5, Code 2023,
34are amended to read as follows:
354. When a patient has been placed in an alternative facility
-343-1other than a hospital pursuant to a report issued under section
2229.14, subsection 1, paragraph “d”, a report on the patient’s
3condition and prognosis shall be made to the court which placed
4the patient, at least once every six months, unless the court
5authorizes annual reports. If an evaluation of the patient is
6performed pursuant to section 227.2, subsection 4, a copy of
7the evaluation report shall be submitted to the court within
8fifteen days of the evaluation’s completion. The court may
9in its discretion waive the requirement of an additional
10report between the annual evaluations. If the administrator
11 department exercises the authority to remove residents or
12patients from a county care facility or other county or private
13institution facility under section 227.6, the administrator
14 department shall promptly notify each court which placed in
15that facility any resident so or patient removed.
165. a. When in the opinion of the chief medical officer the
17best interest of a patient would be served by a convalescent
18or limited leave, the chief medical officer may authorize the
19leave and, if authorized, shall promptly report the leave to
20the court. When in the opinion of the chief medical officer
21the best interest of a patient would be served by a transfer
22to a different hospital for continued full-time custody, care,
23and treatment, the chief medical officer shall promptly send
24a report to the court. The court shall act upon the report in
25accordance with section 229.14A.
26b. This subsection shall not be construed to add to or
27restrict the authority otherwise provided by law for transfer
28of patients or residents among various state institutions
29administered by the department of human services. If a patient
30is transferred under this subsection, the treatment provider to
31whom the patient is transferred shall be provided with copies
32of relevant court orders by the former treatment provider.
33 Sec. 525. Section 229.19, subsection 1, paragraphs a and e,
34Code 2023, are amended to read as follows:
35a. In each county the board of supervisors shall appoint
-344-1an individual who has demonstrated by prior activities an
2informed concern for the welfare and rehabilitation of persons
3with mental illness, and who is not an officer or employee
4of the department of human services, an officer or employee
5of a region, an officer or employee of a county performing
6duties for a region, or an officer or employee of any agency
7or facility providing care or treatment to persons with mental
8illness, to act as an advocate representing the interests of
9patients involuntarily hospitalized by the court, in any matter
10relating to the patients’ hospitalization or treatment under
11section 229.14 or 229.15.
12e. An advocate may also be assigned pursuant to this section
13for an individual who has been diagnosed with a co-occurring
14mental illness and substance-related substance use disorder.
15 Sec. 526. Section 229.21, Code 2023, is amended to read as
16follows:
17229.21 Judicial hospitalization referee — appeals to
18district court.
191. The chief judge of each judicial district may appoint
20at least one judicial hospitalization referee for each county
21within the district. The judicial hospitalization referee
22shall be an attorney, licensed to practice law in this state,
23who shall be chosen with consideration to any training,
24experience, interest, or combination of those factors, which
25are pertinent to the duties of the office. The referee
26shall hold office at the pleasure of the chief judge of the
27judicial district and receive compensation at a rate fixed by
28the supreme court. If the referee expects to be absent for
29any significant length of time, the referee shall inform the
30chief judge who may appoint a temporary substitute judicial
31hospitalization referee having the qualifications set forth in
32this subsection.
332. When an application for involuntary hospitalization
34under section 229.6 or for involuntary commitment or treatment
35of persons with substance-related disorders a substance
-345-1use disorder under section 125.75 is filed with the clerk
2of the district court in any county for which a judicial
3hospitalization referee has been appointed, and no district
4judge, district associate judge, or magistrate who is admitted
5to the practice of law in this state is accessible, the clerk
6shall immediately notify the referee in the manner required by
7section 229.7 or section 125.77. The referee shall discharge
8all of the duties imposed upon the court by sections 229.7
9through 229.19, this section, and section 229.22 or sections
10125.75 through 125.94 in the proceeding so initiated. Subject
11to the provisions of subsection 4, orders issued by a referee,
12in discharge of duties imposed under this section, shall have
13the same force and effect as if ordered by a district judge.
14However, any commitment to a facility regulated and operated
15under chapter 135C shall be in accordance with section 135C.23.
163. a. Any respondent with respect to whom the magistrate
17or judicial hospitalization referee has found the contention
18that the respondent is seriously mentally impaired or a person
19with a substance-related substance use disorder sustained by
20clear and convincing evidence presented at a hearing held
21under section 229.12 or section 125.82, may appeal from the
22magistrate’s or referee’s finding to a judge of the district
23court by giving the clerk notice in writing, within ten days
24after the magistrate’s or referee’s finding is made, that an
25appeal is taken. The appeal may be signed by the respondent or
26by the respondent’s next friend, guardian, or attorney.
27b. An order of a magistrate or judicial hospitalization
28referee with a finding that the respondent is seriously
29mentally impaired or a person with a substance-related
30 substance use disorder shall include the following notice,
31located conspicuously on the face of the order:
32NOTE: The respondent may appeal from this order to a judge of
33the district court by giving written notice of the appeal to
34the clerk of the district court within ten days after the date
35of this order. The appeal may be signed by the respondent or
-346-1by the respondent’s next friend, guardian, or attorney. For a
2more complete description of the respondent’s appeal rights,
3consult section 229.21 of the Code of Iowa or an attorney.
4c. When appealed, the matter shall stand for trial de novo.
5Upon appeal, the court shall schedule a hospitalization or
6commitment hearing before a district judge at the earliest
7practicable time.
8d. Any respondent with respect to whom the magistrate or
9judicial hospitalization referee has held a placement hearing
10and has entered a placement order may appeal the order to a
11judge of the district court. The request for appeal must be
12given to the clerk in writing within ten days of the entry of
13the magistrate’s or referee’s order. The request for appeal
14shall be signed by the respondent, or the respondent’s next
15friend, guardian, or attorney.
164. If the appellant is in custody under the jurisdiction
17of the district court at the time of service of the notice of
18appeal, the appellant shall be discharged from custody unless
19an order that the appellant be taken into immediate custody has
20previously been issued under section 229.11 or section 125.81,
21in which case the appellant shall be detained as provided in
22that section until the hospitalization or commitment hearing
23before the district judge. If the appellant is in the custody
24of a hospital or facility at the time of service of the notice
25of appeal, the appellant shall be discharged from custody
26pending disposition of the appeal unless the chief medical
27officer, not later than the end of the next secular day on
28which the office of the clerk is open and which follows service
29of the notice of appeal, files with the clerk a certification
30that in the chief medical officer’s opinion the appellant is
31seriously mentally ill or a person with a substance-related
32 substance use disorder. In that case, the appellant shall
33remain in custody of the hospital or facility until the
34hospitalization or commitment hearing before the district
35court.
-347- 15. The hospitalization or commitment hearing before the
2district judge shall be held, and the judge’s finding shall
3be made and an appropriate order entered, as prescribed by
4sections 229.12 and 229.13 or sections 125.82 and 125.83.
5If the judge orders the appellant hospitalized or committed
6for a complete psychiatric or substance abuse use disorder
7 evaluation, jurisdiction of the matter shall revert to the
8judicial hospitalization referee.
9 Sec. 527. Section 229.23, subsection 3, Code 2023, is
10amended to read as follows:
113. In addition to protection of the person’s constitutional
12rights, enjoyment of other legal, medical, religious, social,
13political, personal and working rights and privileges which
14the person would enjoy if the person were not so hospitalized
15or detained, so far as is possible consistent with effective
16treatment of that person and of the other patients of the
17hospital. If the patient’s rights are restricted, the
18physician’s or mental health professional’s direction to
19that effect shall be noted on the patient’s record. The
20department of human services shall, in accordance with chapter
2117A establish rules setting forth the specific rights and
22privileges to which persons so hospitalized or detained are
23entitled under this section, and the exceptions provided by
24section 17A.2, subsection 11, paragraphs “a” and “k”, shall not
25be applicable to the rules so established. The patient or the
26patient’s next of kin or friend shall be advised of these rules
27and be provided a written copy upon the patient’s admission to
28or arrival at the hospital.
29 Sec. 528. Section 229.24, subsection 1, Code 2023, is
30amended to read as follows:
311. All papers and records pertaining to any involuntary
32hospitalization or application pursuant to section 229.6 of any
33person under this chapter, whether part of the permanent record
34of the court or of a file in the department of human services,
35are subject to inspection only upon an order of the court for
-348-1good cause shown.
2 Sec. 529. Section 229.26, Code 2023, is amended to read as
3follows:
4229.26 Exclusive procedure for involuntary hospitalization.
5Sections 229.6 through 229.19 constitute the exclusive
6procedure for involuntary hospitalization of persons by reason
7of serious mental impairment in this state, except that this
8chapter does not negate the provisions of section 904.503
9relating to transfer of prisoners with mental illness to state
10hospitals for persons with mental illness health institutes and
11does not apply to commitments of persons under chapter 812 or
12the rules of criminal procedure, Iowa court rules, or negate
13the provisions of section 232.51 relating to disposition of
14children with mental illness.
15 Sec. 530. Section 229.27, subsection 3, Code 2023, is
16amended to read as follows:
173. A hearing limited to the question of the person’s
18competence and conducted in substantially the manner prescribed
19in sections 633.552, 633.556, 633.558, and 633.560 shall be
20held when any of the following circumstances applies:
21a. The court is petitioned or proposes upon its own motion
22to find incompetent by reason of mental illness a person whose
23involuntary hospitalization has been ordered under section
24229.13 or 229.14, and who contends that the person is not
25incompetent; or.
26b. A person previously found incompetent by reason of mental
27illness under subsection 2 petitions the court for a finding
28that the person is no longer incompetent and, after notice to
29the applicant who initiated the petition for hospitalization
30of the person and to any other party as directed by the court,
31an objection is filed with the court. The court may order a
32hearing on its own motion before acting on a petition filed
33under this paragraph. A petition by a person for a finding
34that the person is no longer incompetent may be filed at any
35time without regard to whether the person is at that time
-349-1hospitalized for treatment of mental illness.
2 Sec. 531. Section 229.41, Code 2023, is amended to read as
3follows:
4229.41 Voluntary admission — state mental health institute.
5Persons making application pursuant to section 229.2 on
6their own behalf or on behalf of another person who is under
7eighteen years of age, if the person whose admission is sought
8is received for observation and treatment on the application,
9shall be required to pay the costs of hospitalization at rates
10established by the administrator department. The costs may
11be collected weekly in advance and shall be payable at to the
12business office of the hospital state mental health institute.
13The collections shall be remitted to the department of human
14services monthly to be credited to the general fund of the
15state.
16 Sec. 532. Section 229.42, Code 2023, is amended to read as
17follows:
18229.42 Costs paid by county — state mental health institute.
191. If a person wishing to make application for voluntary
20admission to a state mental hospital established by chapter 226
21health institute is unable to pay the costs of hospitalization
22or those responsible for the person are unable to pay the
23costs, application for authorization of voluntary admission
24must be made through a regional administrator before
25application for admission is made to the hospital state mental
26health institute. The person’s county of residence shall
27be determined through the regional administrator and if the
28admission is approved through the regional administrator, the
29person’s admission to a state mental health hospital institute
30 shall be authorized as a voluntary case. The authorization
31shall be issued on forms provided by the department of human
32services’ administrator. The costs of the hospitalization
33shall be paid by the county of residence through the regional
34administrator to the department of human services and credited
35to the general fund of the state, provided that the state
-350-1 mental health hospital institute rendering the services has
2certified to the county auditor of the county of residence and
3the regional administrator the amount chargeable to the mental
4health and disability services region and has sent a duplicate
5statement of the charges to the department of human services.
6A mental health and disability services region shall not be
7billed for the cost of a patient unless the patient’s admission
8is authorized through the regional administrator. The state
9 mental health institute and the regional administrator shall
10work together to locate appropriate alternative placements
11and services, and to educate patients and family members of
12patients regarding such alternatives.
132. All the provisions of chapter 230 shall apply to such the
14 voluntary patients so far as is to the extent applicable.
153. The provisions of this section and of section 229.41
16shall apply to all voluntary inpatients or outpatients
17receiving mental health services either away from or at the
18institution state mental health institute.
194. If a county fails to pay the billed charges within
20forty-five days from the date the county auditor received the
21certification statement from the superintendent, the department
22of human services shall charge the delinquent county the
23penalty of one percent per month on and after forty-five days
24from the date the county received the certification statement
25until paid. The penalties received shall be credited to the
26general fund of the state.
27 Sec. 533. Section 229.43, Code 2023, is amended to read as
28follows:
29229.43 Nonresident patients — state mental health
30institutes.
31The administrator department may place patients of state
32 mental health institutes who are nonresidents on convalescent
33leave to a private sponsor or in a health care facility
34licensed under chapter 135C, when in the opinion of the
35administrator director the placement is in the best interests
-351-1of the patient and the state of Iowa. If the patient was
2involuntarily hospitalized, the district court which ordered
3hospitalization of the patient must shall be informed when the
4patient is placed on convalescent leave, as required by section
5229.15, subsection 5.
6 Sec. 534. Section 229.45, unnumbered paragraph 1, Code
72023, is amended to read as follows:
8The department of human services, in consultation with
9the office of attorney general, shall develop a summary of
10the procedures involved in an involuntary commitment and
11information concerning the participation of an applicant in the
12proceedings. The summary shall be provided by the department,
13at the department’s expense, to the clerks of the district
14court who shall make the summary available to all applicants
15prior to the filing of a verified application, or to any other
16person upon request, and who shall attach a copy of the summary
17to the notice of hearing which is served upon the respondent
18under section 125.77 or 229.7. The summary may include, but is
19not limited to, the following:
20 Sec. 535. Section 229A.2, Code 2023, is amended to read as
21follows:
22229A.2 Definitions.
23As used in this chapter:
241. “Agency with jurisdiction” means an agency which has
25custody of or releases a person serving a sentence or term
26of confinement or is otherwise in confinement based upon a
27lawful order or authority, and includes but is not limited to
28the department of corrections, the department of health and
29 human services, a judicial district department of correctional
30services, and the Iowa board of parole.
312. “Appropriate secure facility” means a state facility that
32is designed to confine but not necessarily to treat a sexually
33violent predator.
343. “Convicted” means found guilty of, pleads guilty
35to, or is sentenced or adjudicated delinquent for an act
-352-1which is an indictable offense in this state or in another
2jurisdiction including in a federal, military, tribal, or
3foreign court, including but not limited to a juvenile who has
4been adjudicated delinquent, whether or not the juvenile court
5records have been sealed under section 232.150, and a person
6who has received a deferred sentence or a deferred judgment
7or has been acquitted by reason of insanity. “Convicted”
8includes the conviction of a juvenile prosecuted as an adult.
9“Convicted” also includes a conviction for an attempt or
10conspiracy to commit an offense. “Convicted” does not mean a
11plea, sentence, adjudication, deferred sentence, or deferred
12judgment which has been reversed or otherwise set aside.
134. “Department” means the department of health and human
14services.
155. “Director” means the director of health and human
16services.
174. 6. “Discharge” means an unconditional discharge from the
18sexually violent predator program. A person released from a
19secure facility into a transitional release program or released
20with supervision is not considered to be discharged.
215. 7. “Likely to engage in predatory acts of sexual
22violence” means that the person more likely than not will
23engage in acts of a sexually violent nature. If a person is
24not confined at the time that a petition is filed, a person is
25“likely to engage in predatory acts of sexual violence” only if
26the person commits a recent overt act.
276. 8. “Mental abnormality” means a congenital or acquired
28condition affecting the emotional or volitional capacity of a
29person and predisposing that person to commit sexually violent
30offenses to a degree which would constitute a menace to the
31health and safety of others.
327. 9. “Predatory” means acts directed toward a person with
33whom a relationship has been established or promoted for the
34primary purpose of victimization.
358. 10. “Presently confined” means incarceration or
-353-1detention in a correctional facility, a rehabilitation camp,
2a residential facility, a county jail, a halfway house, or
3any other comparable facility, including but not limited to
4placement at such a facility as a condition of probation,
5parole, or special sentence following conviction for a sexually
6violent offense.
79. 11. “Recent overt act” means any act that has either
8caused harm of a sexually violent nature or creates a
9reasonable apprehension of such harm.
1010. 12. “Safekeeper” means a person who is confined in an
11appropriate secure facility pursuant to this chapter but who is
12not subject to an order of commitment pursuant to this chapter.
1311. 13. “Sexually motivated” means that one of the
14purposes for commission of a crime is the purpose of sexual
15gratification of the perpetrator of the crime.
1612. 14. “Sexually violent offense” means:
17a. A violation of any provision of chapter 709.
18b. A violation of any of the following if the offense
19involves sexual abuse, attempted sexual abuse, or intent to
20commit sexual abuse:
21(1) Murder as defined in section 707.1.
22(2) Kidnapping as defined in section 710.1.
23(3) Burglary as defined in section 713.1.
24(4) Child endangerment under section 726.6, subsection 1,
25paragraph “e”.
26c. Sexual exploitation of a minor in violation of section
27728.12.
28d. Pandering involving a minor in violation of section
29725.3, subsection 2.
30e. An offense involving an attempt or conspiracy to commit
31any offense referred to in this subsection.
32f. An offense under prior law of this state or an offense
33committed in another jurisdiction which would constitute an
34equivalent offense under paragraphs “a” through “e”.
35g. Any act which, either at the time of sentencing for the
-354-1offense or subsequently during civil commitment proceedings
2pursuant to this chapter, has been determined beyond a
3reasonable doubt to have been sexually motivated.
413. 15. “Sexually violent predator” means a person who has
5been convicted of or charged with a sexually violent offense
6and who suffers from a mental abnormality which makes the
7person likely to engage in predatory acts constituting sexually
8violent offenses, if not confined in a secure facility.
914. 16. “Transitional release” means a conditional release
10from a secure facility operated by the department of human
11services with the conditions of such release set by the court
12or the department of human services.
13 Sec. 536. Section 229A.5C, subsections 3 and 4, Code 2023,
14are amended to read as follows:
153. A person who is subject to an order of civil commitment
16under this chapter shall not be released from jail or paroled
17or released to a facility or program located outside the
18county jail or correctional institution other than to a secure
19facility operated by the department of human services.
204. A person who committed a public offense while in a
21transitional release program or on release with supervision may
22be returned to a secure facility operated by the department of
23human services upon completion of any term of confinement that
24resulted from the commission of the public offense.
25 Sec. 537. Section 229A.6A, subsection 1, paragraph b, Code
262023, is amended to read as follows:
27b. To a medical facility for medical treatment, if necessary
28medical treatment is not available at the facility where the
29person is confined. A transport order is not required to
30transport the person for medical treatment. However, the
31person is not entitled to choose the medical facility where
32treatment is to be obtained or the medical personnel to provide
33the treatment. Transportation of a committed person shall be
34provided by the sheriff of the county in which the person is
35confined if requested by the department of human services.
-355-1 Sec. 538. Section 229A.7, subsection 5, paragraph b, Code
22023, is amended to read as follows:
3b. If the court or jury determines that the respondent is a
4sexually violent predator, the respondent shall be committed
5to the custody of the director of the department of human
6services for control, care, and treatment until such time as
7the person’s mental abnormality has so changed that the person
8is safe to be placed in a transitional release program or
9discharged. The determination may be appealed.
10 Sec. 539. Section 229A.7, subsection 7, Code 2023, is
11amended to read as follows:
127. The control, care, and treatment of a person determined
13to be a sexually violent predator shall be provided at a
14facility operated by the department of human services. At all
15times prior to placement in a transitional release program
16or release with supervision, persons committed for control,
17care, and treatment by the department of human services
18 pursuant to this chapter shall be kept in a secure facility
19and those patients shall be segregated at all times from any
20other patient under the supervision of the department of human
21services. A person committed pursuant to this chapter to
22the custody of the department of human services may be kept
23in a facility or building separate from any other patient
24under the supervision of the department of human services.
25The department of human services may enter into a chapter
2628E agreement with the department of corrections or other
27appropriate agency in this state or another state for the
28confinement of patients who have been determined to be sexually
29violent predators. Patients who are in the custody of the
30director of the department of corrections pursuant to a chapter
3128E agreement and who have not been placed in a transitional
32release program or released with supervision shall be housed
33and managed separately from criminal offenders in the custody
34of the director of the department of corrections, and except
35for occasional instances of supervised incidental contact,
-356-1shall be segregated from those offenders.
2 Sec. 540. Section 229A.8, subsection 4, Code 2023, is
3amended to read as follows:
44. Nothing contained in this chapter shall prohibit the
5person from otherwise petitioning the court for discharge or
6placement in a transitional release program at the annual
7review. The director of human services department shall
8provide the committed person with an annual written notice
9of the person’s right to petition the court for discharge
10or placement in a transitional release program without
11authorization from the director. The notice shall contain a
12waiver of rights. The director department shall forward the
13notice and waiver form to the court with the annual report.
14 Sec. 541. Section 229A.8, subsection 5, paragraphs f and g,
15Code 2023, are amended to read as follows:
16f. If at the time for the annual review the committed
17person has filed a petition for discharge or placement in
18a transitional release program with authorization from the
19director of human services, the court shall set a final hearing
20within ninety days of the authorization by the director, and
21no annual review shall be held.
22g. If the committed person has not filed a petition, or
23has filed a petition for discharge or for placement in a
24transitional release program without authorization from the
25director of human services, the court shall first conduct the
26annual review as provided in this subsection.
27 Sec. 542. Section 229A.8, subsection 6, paragraph e, Code
282023, is amended to read as follows:
29e. If the director of human services has authorized the
30committed person to petition for discharge or for placement
31in a transitional release program and the case is before a
32jury, testimony by a victim of a prior sexually violent offense
33committed by the person is not admissible. If the director has
34not authorized the petition or the case is before the court,
35testimony by a victim of a sexually violent offense committed
-357-1by the person may be admitted.
2 Sec. 543. Section 229A.8A, subsections 1, 6, and 7, Code
32023, are amended to read as follows:
41. The department of human services is authorized to may
5 establish a transitional release program and provide control,
6care, and treatment, and supervision of committed persons
7placed in such a program.
86. The department of human services shall be responsible
9for establishing and implementing the rules and directives
10regarding the location of the transitional release program,
11staffing needs, restrictions on confinement and the movement of
12committed persons, and for assessing the progress of committed
13persons in the program. The court may also impose conditions
14on a committed person placed in the program.
157. The department of human services may contract with
16other government or private agencies, including the department
17of corrections, to implement and administer the transitional
18release program.
19 Sec. 544. Section 229A.8B, subsections 2 and 3, Code 2023,
20are amended to read as follows:
212. If a committed person absconds from a transitional
22release program in violation of the rules or directives, a
23presumption arises that the person poses a risk to public
24safety. The department of human services, in cooperation with
25local law enforcement agencies, may make a public announcement
26about the absconder. The public announcement may include
27a description of the committed person, that the person is
28in transitional release from the sexually violent predator
29program, and any other information important to public safety.
303. Upon the return of the committed person to a secure
31facility, the director of human services or the director’s
32designee shall notify the court that issued the ex parte order
33that the absconder has been returned to a secure facility,
34and the court shall set a hearing to determine if a violation
35occurred. If a court order was not issued, the director or
-358-1the director’s designee shall contact the nearest district
2court with jurisdiction to set a hearing to determine whether a
3violation of the rules or directives occurred. The court shall
4schedule a hearing after receiving notice that the committed
5person has been returned from the transitional release program
6to a secure facility.
7 Sec. 545. Section 229A.9A, subsections 2, 3, and 8, Code
82023, are amended to read as follows:
92. If release with supervision is ordered, the department
10of human services shall prepare within sixty days of the order
11of the court a release plan addressing the person’s needs for
12counseling, medication, community support services, residential
13services, vocational services, alcohol or other drug abuse
14 substance use disorder treatment, sex offender treatment, or
15any other treatment or supervision necessary.
163. The court shall set a hearing on the release plan
17prepared by the department of human services before the
18committed person is released from a secure facility or a
19transitional release program.
208. The court shall retain jurisdiction over the committed
21person who has been released with supervision until the person
22is discharged from the program. The department of human
23services or a judicial district department of correctional
24services shall not be held liable for any acts committed
25by a committed person who has been ordered released with
26supervision.
27 Sec. 546. Section 229A.9B, subsections 2, 3, and 5, Code
282023, are amended to read as follows:
292. If a committed person has absconded in violation of the
30conditions of the person’s release plan, a presumption arises
31that the person poses a risk to public safety. The department
32of human services or contracting agency, in cooperation with
33local law enforcement agencies, may make a public announcement
34about the absconder. The public announcement may include a
35description of the committed person, that the committed person
-359-1is on release with supervision from the sexually violent
2predator program, and any other information pertinent to public
3safety.
43. Upon the return of the committed person to a secure
5facility, the director of human services or the director’s
6designee shall notify the court that issued the ex parte
7order that the committed person has been returned to a secure
8facility, and the court shall set hearing to determine if a
9violation occurred. If a court order was not issued, the
10director or the director’s designee shall contact the nearest
11district court with jurisdiction to set a hearing to determine
12whether a violation of the conditions of the release plan
13occurred. The court shall schedule a hearing after receiving
14notice that the committed person has been returned to a secure
15facility.
165. If the court determines a violation occurred, the court
17shall receive release recommendations from the department of
18human services and either order that the committed person
19be returned to release with supervision or placed in a
20transitional release program, or be confined in a secure
21facility. The court may impose further conditions upon the
22committed person if returned to release with supervision or
23placed in the transitional release program. If the court
24determines no violation occurred, the committed person shall be
25returned to release with supervision.
26 Sec. 547. Section 229A.10, subsection 1, Code 2023, is
27amended to read as follows:
281. If the director of human services determines that the
29person’s mental abnormality has so changed that the person is
30not likely to engage in predatory acts that constitute sexually
31violent offenses if discharged, the director shall authorize
32the person to petition the court for discharge. The petition
33shall be served upon the court and the attorney general. The
34court, upon receipt of the petition for discharge, shall order
35a hearing within thirty days. The attorney general shall
-360-1represent the state, and shall have the right to have the
2petitioner examined by an expert or professional person of
3the attorney general’s choice. The hearing shall be before
4a jury if demanded by either the petitioner or the attorney
5general. If the attorney general objects to the petition for
6discharge, the burden of proof shall be upon the attorney
7general to show beyond a reasonable doubt that the petitioner’s
8mental abnormality or personality disorder remains such that
9the petitioner is likely to engage in predatory acts that
10constitute sexually violent offenses if discharged.
11 Sec. 548. Section 229A.11, Code 2023, is amended to read as
12follows:
13229A.11 Subsequent discharge or transitional release
14petitions — limitations.
15Nothing in this chapter shall prohibit a person from filing
16a petition for discharge or placement in a transitional release
17program, pursuant to this chapter. However, if a person has
18previously filed a petition for discharge or for placement
19in a transitional release program without the authorization
20of the director of human services, and the court determines
21either upon review of the petition or following a hearing that
22the petition was frivolous or that the petitioner’s condition
23had not so changed that the person was not likely to engage
24in predatory acts constituting sexually violent offenses
25if discharged, or was not suitable for placement in the
26transitional release program, then the court shall summarily
27deny the subsequent petition unless the petition contains facts
28upon which a court could find the condition of the petitioner
29had so changed that a hearing was warranted. Upon receipt of a
30first or subsequent petition from a committed person without
31the director’s authorization, the court shall endeavor whenever
32possible to review the petition and determine if the petition
33is based upon frivolous grounds. If the court determines that
34a petition is frivolous, the court shall dismiss the petition
35without a hearing.
-361-1 Sec. 549. Section 229A.12, Code 2023, is amended to read as
2follows:
3229A.12 Director of human services — responsibility for
4costs — reimbursement.
5The director of human services shall be responsible for
6all costs relating to the evaluation, treatment, and services
7provided to a person that are incurred after the person is
8committed to the director’s custody after the court or jury
9determines that the respondent is a sexually violent predator
10and pursuant to commitment under any provision of this chapter.
11If placement in a transitional release program or supervision
12is ordered, the director shall also be responsible for all
13costs related to the transitional release program or to the
14supervision and treatment of any person. Reimbursement may
15be obtained by the director from the patient and any person
16legally liable or bound by contract for the support of the
17patient for the cost of confinement or of care and treatment
18provided. To the extent allowed by the United States social
19security administration, any benefit payments received by the
20person pursuant to the federal Social Security Act shall be
21used for the costs incurred. As used in this section, “any
22person legally liable” does not include a political subdivision.
23 Sec. 550. Section 229A.15B, Code 2023, is amended to read
24as follows:
25229A.15B Rulemaking authority.
26The department of human services shall adopt rules pursuant
27to chapter 17A necessary to administer this chapter.
28 Sec. 551. Section 230.1, Code 2023, is amended to read as
29follows:
30230.1 Definitions.
31As used in this chapter, unless the context otherwise
32requires:
331. “Administrator” means the administrator of the department
34of human services assigned, in accordance with section
35218.1, to control the state mental health institutes, or that
-362-1administrator’s designee.
22. 1. “Book”, “list”, “record”, or “schedule” kept by a
3county auditor, assessor, treasurer, recorder, sheriff, or
4other county officer means the county system as defined in
5section 445.1.
63. 2. “Department” means the department of health and human
7services.
83. “Director” means the director of health and human
9services.
104. “Region” means a mental health and disability services
11region formed in accordance with section 331.389.
125. “Regional administrator” means the same as defined in
13section 331.388.
146. “State mental health institute” or “mental health
15institute” means a mental health institute designated in section
16226.1.
17 Sec. 552. Section 230.1A, Code 2023, is amended to read as
18follows:
19230.1A Liability of county and state.
201. The necessary and legal costs and expenses attending
21 for the taking into custody, care, investigation, admission,
22commitment, and support of a person with mental illness
23admitted or committed to a state hospital mental health
24institute shall be paid by the regional administrator on behalf
25of the person’s county of residence or by the state as follows:
26a. If the person is eighteen years of age or older, as
27follows:
28(1) The costs attributed to mental illness shall be paid by
29the regional administrator on behalf of the person’s county of
30residence.
31(2) The costs attributed to a substance-related substance
32use disorder shall be paid by the person’s county of residence.
33(3) The costs attributable to a dual diagnosis of mental
34illness and a substance-related substance use disorder may be
35split divided as provided in section 226.9C.
-363- 1b. By the state if such person has no residence in this
2state, if the person’s residence is unknown, or if the person
3is under eighteen years of age.
42. The county of residence of any person with mental
5illness who is a patient of any state institution mental health
6institute shall be the person’s county of residence existing at
7the time of admission to the institution institute.
83. A region or county of residence is not liable for
9costs and expenses associated with a person with mental
10illness unless the costs and expenses are for services and
11other support authorized for the person through the regional
12administrator for the county.
13 Sec. 553. Section 230.5, Code 2023, is amended to read as
14follows:
15230.5 Nonresidents.
16If a person’s residence is determined in accordance with
17section 230.2 or 230.3 to be in a foreign state or country,
18or is unknown, the court or the regional administrator of the
19person’s county of residence shall immediately certify the
20determination to the department’s administrator department.
21The certification shall be accompanied by a copy of the
22evidence supporting the determination. A court order issued
23pursuant to section 229.13 shall direct that the patient be
24hospitalized at the appropriate state hospital for persons with
25 mental illness health institute.
26 Sec. 554. Section 230.6, Code 2023, is amended to read as
27follows:
28230.6 Investigation by administrator department.
29The administrator department shall immediately investigate
30the residency of a patient and proceed as follows:
311. If the administrator department concurs with a certified
32determination of residency concerning the patient, the
33administrator department shall cause the patient either to
34be transferred to a state hospital for persons with mental
35illness health institute at the expense of the state, or to be
-364-1transferred, with approval of the court as required by chapter
2229, to the place of foreign residence.
32. If the administrator department disputes a certified
4legal residency determination, the administrator department
5 shall order the patient to be maintained at a state hospital
6for persons with mental illness health institute at the expense
7of the state until the dispute is resolved.
83. If the administrator department disputes a residency
9determination, the administrator department shall utilize the
10procedure provided in section 331.394 to resolve the dispute.
11A determination of the person’s residency status made pursuant
12to section 331.394 is conclusive.
13 Sec. 555. Section 230.7, Code 2023, is amended to read as
14follows:
15230.7 Transfer of nonresidents.
16Upon determining that a patient in a state hospital mental
17health institute who has been involuntarily hospitalized under
18chapter 229 or admitted voluntarily at public expense was
19not a resident of this state at the time of the involuntary
20hospitalization or admission, the administrator director or
21director’s designee may cause that the patient to be conveyed
22to the patient’s place of residence. However, a transfer
23under this section may be made only if the patient’s condition
24so permits and other reasons do not render the transfer
25inadvisable. If the patient was involuntarily hospitalized,
26prior approval of the transfer must shall be obtained from the
27court which ordered the patient hospitalized.
28 Sec. 556. Section 230.8, Code 2023, is amended to read as
29follows:
30230.8 Transfers of persons with mental illness — expenses.
31The transfer to any state hospitals mental health institute
32 or to the places of their residence of persons with mental
33illness who have no residence in this state or whose residence
34is unknown, shall be made according to the directions of the
35administrator department, and when practicable by employees
-365-1of the state hospitals mental health institutes. The actual
2and necessary expenses of such transfers shall be paid by the
3department on itemized vouchers sworn to by the claimants and
4approved by the administrator director.
5 Sec. 557. Section 230.9, Code 2023, is amended to read as
6follows:
7230.9 Subsequent discovery of residence.
8If, after a person has been received by a state hospital for
9persons with mental illness health institute whose residence is
10supposed to be outside this state, the administrator department
11 determines that the residence of the person was, at the time
12of admission or commitment, in a county of this state, the
13administrator department shall certify the determination
14and charge all legal costs and expenses pertaining to the
15admission or commitment and support of the person to the
16regional administrator of the person’s county of residence.
17The certification shall be sent to the regional administrator
18of the person’s county of residence. The certification
19shall be accompanied by a copy of the evidence supporting the
20determination. The costs and expenses shall be collected as
21provided by law in other cases. If the person’s residency
22status has been determined in accordance with section 331.394,
23the legal costs and expenses shall be charged in accordance
24with that determination.
25 Sec. 558. Section 230.10, Code 2023, is amended to read as
26follows:
27230.10 Payment of costs.
28All legal costs and expenses attending for the taking into
29custody, care, investigation, and admission or commitment of
30a person to a state hospital for persons with mental illness
31 health institute under a finding that the person has residency
32in another county of this state shall be charged against the
33regional administrator of the person’s county of residence.
34 Sec. 559. Section 230.11, Code 2023, is amended to read as
35follows:
-366- 1230.11 Recovery of costs from state.
2Costs and expenses attending for the taking into custody,
3care, and investigation of a person who has been admitted
4or committed to a state hospital mental health institute,
5United States department of veterans affairs hospital, or
6other agency of the United States government, for persons with
7mental illness and who has no residence in this state or whose
8residence is unknown, including cost of commitment, if any,
9shall be paid as approved by the administrator department. The
10amount of the costs and expenses approved by the administrator
11 department is appropriated to the department from any moneys in
12the state treasury not otherwise appropriated. Payment shall
13be made by the department on itemized vouchers executed by the
14regional administrator of the person’s county which has paid
15them, and approved by the administrator department.
16 Sec. 560. Section 230.12, Code 2023, is amended to read as
17follows:
18230.12 Residency disputes.
19If a dispute arises between different counties or between
20the administrator department and a regional administrator for a
21county as to the residence of a person admitted or committed
22to a state hospital for persons with mental illness health
23institute, the dispute shall be resolved as provided in section
24331.394.
25 Sec. 561. Section 230.15, Code 2023, is amended to read as
26follows:
27230.15 Personal liability.
281. A person with mental illness and a person legally liable
29for the person’s support remain liable for the support of
30the person with mental illness as provided in this section.
31Persons legally liable for the support of a person with mental
32illness include the spouse of the person, and any person
33bound by contract for support of the person. The regional
34administrator of the person’s county of residence, subject to
35the direction of the region’s governing board, shall enforce
-367-1the obligation created in this section as to all sums advanced
2by the regional administrator. The liability to the regional
3administrator incurred by a person with mental illness or a
4person legally liable for the person’s support under this
5section is limited to an amount equal to one hundred percent
6of the cost of care and treatment of the person with mental
7illness at a state mental health institute for one hundred
8twenty days of hospitalization. This limit of liability may
9be reached by payment of the cost of care and treatment of the
10person with mental illness subsequent to a single admission
11or multiple admissions to a state mental health institute
12or, if the person is not discharged as cured, subsequent to
13a single transfer or multiple transfers to a county care
14facility pursuant to section 227.11. After reaching this
15limit of liability, a person with mental illness or a person
16legally liable for the person’s support is liable to the
17regional administrator for the care and treatment of the person
18with mental illness at a state mental health institute or,
19if transferred but not discharged as cured, at a county care
20facility in an amount not in excess of the average minimum
21cost of the maintenance of an individual who is physically and
22mentally healthy residing in the individual’s own home, which
23standard shall be established and may from time to time be
24revised by the department of human services. A lien imposed
25by section 230.25 shall not exceed the amount of the liability
26which may be incurred under this section on account of a person
27with mental illness.
282. A person with a substance-related substance use
29 disorder is legally liable for the total amount of the cost of
30providing care, maintenance, and treatment for the person with
31a substance-related substance use disorder while a voluntary
32or committed patient. When a portion of the cost is paid
33by a county, the person with a substance-related substance
34use disorder is legally liable to the county for the amount
35paid. The person with a substance-related substance use
-368-1 disorder shall assign any claim for reimbursement under any
2contract of indemnity, by insurance or otherwise, providing
3for the person’s care, maintenance, and treatment in a state
4hospital mental health institute to the state. Any payments
5received by the state from or on behalf of a person with a
6substance-related substance use disorder shall be in part
7credited to the county in proportion to the share of the costs
8paid by the county.
93. Nothing in this section shall be construed to prevent
10a relative or other person from voluntarily paying the full
11actual cost or any portion of the care and treatment of any
12person with mental illness or a substance-related substance use
13 disorder as established by the department of human services.
14 Sec. 562. Section 230.18, Code 2023, is amended to read as
15follows:
16230.18 Expense in county or private hospitals facility.
17The estates of persons with mental illness who may be
18treated or confined in any county hospital or home, or in any
19 private hospital or sanatorium facility, and the estates of
20persons legally bound for their support, shall be liable to the
21regional administrator of the person’s county of residence for
22the reasonable cost of such support.
23 Sec. 563. Section 230.19, Code 2023, is amended to read as
24follows:
25230.19 Nonresidents liable to state — presumption.
26The estates of all nonresident patients provided for and
27treated in state hospitals for persons with mental illness
28 health institutes in this state, and all persons legally bound
29for the support of such patients, shall be liable to the
30state for the reasonable value of the care, maintenance, and
31treatment of such patients while in such hospitals institutes.
32The certificate of the superintendent of the state hospital
33 mental health institute in which any nonresident is or has been
34a patient, showing the amounts drawn from the state treasury or
35due therefrom as provided by law on account of such nonresident
-369-1patient, shall be presumptive evidence of the reasonable value
2of the care, maintenance, and treatment furnished such patient.
3 Sec. 564. Section 230.20, subsection 1, paragraph a,
4subparagraph (1), Code 2023, is amended to read as follows:
5(1) The costs of food, lodging, and other maintenance
6provided to persons not patients of the hospital state mental
7health institute.
8 Sec. 565. Section 230.20, subsection 7, Code 2023, is
9amended to read as follows:
107. A superintendent of a mental health institute may request
11that the director of human services enter into a contract
12with a person for the mental health institute to provide
13consultation or treatment services or for fulfilling other
14purposes which are consistent with the purposes stated in
15section 226.1. The contract provisions shall include charges
16which reflect the actual cost of providing the services or
17fulfilling the other purposes. Any income from a contract
18authorized under this subsection may be retained by the
19mental health institute to defray the costs of providing the
20services. Except for a contract voluntarily entered into by a
21county under this subsection, the costs or income associated
22with a contract authorized under this subsection shall not
23be considered in computing charges and per diem costs in
24accordance with the provisions of subsections 1 through 6.
25 Sec. 566. Section 230.26, Code 2023, is amended to read as
26follows:
27230.26 Regional administrator to keep record.
28The regional administrator shall keep an accurate account
29of the cost of the maintenance of any patient kept in any
30institution facility as provided for in this chapter and keep
31an index of the names of the persons admitted or committed from
32each county in the region. The name of the spouse of the person
33admitted or committed shall also be indexed in the same manner
34as the names of the persons admitted or committed are indexed.
35The book shall be designated as an account book or index, and
-370-1shall have no reference in any place to a lien.
2 Sec. 567. Section 230.31, Code 2023, is amended to read as
3follows:
4230.31 Departers from other states.
5If a person with mental illness departs without proper
6authority from an institution a facility in another state and
7is found in this state, a peace officer in the county in which
8the patient is found may take and detain the patient without
9order and shall report the detention to the administrator
10 department who shall provide for the return of the patient
11to the authorities of the state where the unauthorized leave
12was made. Pending such return, the patient may be detained
13temporarily at one of the institutions of this state under the
14control of the administrator or any other administrator of the
15 department of human services. Expenses incurred under this
16section shall be paid in the same manner as is provided for
17transfers in section 230.8.
18 Sec. 568. Section 230.32, Code 2023, is amended to read as
19follows:
20230.32 Support of nonresident patients on leave.
21The cost of support of patients without residence in this
22state, who are placed on convalescent leave or removed from
23a state mental health institute to any health care facility
24licensed under chapter 135C for rehabilitation purposes,
25shall be paid from the hospital state mental health institute
26 support fund and shall be charged on abstract in the same
27manner as state inpatients, until such time as the patient
28becomes self-supporting or qualifies for support under existing
29statutes.
30 Sec. 569. Section 230.33, Code 2023, is amended to read as
31follows:
32230.33 Reciprocal agreements.
331. The administrator department may enter into agreements
34with other states, through their duly constituted authorities,
35to effect the reciprocal return of persons with mental illness
-371-1and persons with an intellectual disability to the contracting
2states, and to effect the reciprocal supervision of persons on
3convalescent leave.
42. However, in the case of a proposed transfer of a person
5with mental illness or an intellectual disability from this
6state, final action shall not be taken without the approval of
7the district court of the county of admission or commitment.
8 Sec. 570. Section 230A.101, Code 2023, is amended to read
9as follows:
10230A.101 Services system roles.
111. The role of the department of human services, through
12the division of the department designated as the state
13mental health authority with responsibility for state policy
14concerning mental health and disability services, is to develop
15and maintain policies for the mental health and disability
16services system. The policies shall address the service needs
17of individuals of all ages with disabilities in this state,
18regardless of the individuals’ places of residence or economic
19circumstances, and shall be consistent with the requirements of
20chapter 225C and other applicable law.
212. The role of community mental health centers in the
22mental health and disability services system is to provide
23an organized set of services in order to adequately meet the
24mental health needs of this state’s citizens based on organized
25catchment areas.
26 Sec. 571. Section 230A.102, Code 2023, is amended to read
27as follows:
28230A.102 Definitions.
29As used in this chapter, unless the context otherwise
30requires:
311. “Administrator”, “commission” “Commission”, “department”,
32“director”, and “disability services”, and “division” mean the
33same as defined in section 225C.2.
342. “Catchment area” means a community mental health center
35catchment area identified in accordance with this chapter.
-372- 13. “Community mental health center” or “center” means a
2community mental health center designated in accordance with
3this chapter.
4 Sec. 572. Section 230A.103, Code 2023, is amended to read
5as follows:
6230A.103 Designation of community mental health centers.
71. The division department, subject to agreement by any
8community mental health center that would provide services
9for the catchment area and approval by the commission,
10shall designate at least one community mental health center
11under this chapter for addressing the mental health needs of
12the county or counties comprising the catchment area. The
13designation process shall provide for the input of potential
14service providers regarding designation of the initial
15catchment area or a change in the designation.
162. The division department shall utilize objective criteria
17for designating a community mental health center to serve a
18catchment area and for withdrawing such designation. The
19commission shall adopt rules outlining the criteria. The
20criteria shall include but are not limited to provisions for
21meeting all of the following requirements:
22a. An appropriate means shall be used for determining which
23prospective designee is best able to serve all ages of the
24targeted population within the catchment area with minimal or
25no service denials.
26b. An effective means shall be used for determining the
27relative ability of a prospective designee to appropriately
28provide mental health services and other support to consumers
29residing within a catchment area as well as consumers residing
30outside the catchment area. The criteria shall address the
31duty for a prospective designee to arrange placements outside
32the catchment area when such placements best meet consumer
33needs and to provide services within the catchment area to
34consumers who reside outside the catchment area when the
35services are necessary and appropriate.
-373- 13. The board of directors for a designated community mental
2health center shall enter into an agreement with the division
3 department. The terms of the agreement shall include but are
4not limited to all of the following:
5a. The period of time the agreement will be in force.
6b. The services and other support the center will offer or
7provide for the residents of the catchment area.
8c. The standards to be followed by the center in determining
9whether and to what extent the persons seeking services from
10the center shall be considered to be able to pay the costs of
11the services.
12d. The policies regarding availability of the services
13offered by the center to the residents of the catchment area as
14well as consumers residing outside the catchment area.
15e. The requirements for preparation and submission to the
16division department of annual audits, cost reports, program
17reports, performance measures, and other financial and service
18accountability information.
194. This section does not limit the authority of the board or
20the boards of supervisors of any county or group of counties to
21continue to expend money to support operation of a center.
22 Sec. 573. Section 230A.104, Code 2023, is amended to read
23as follows:
24230A.104 Catchment areas.
251. The division department shall collaborate with affected
26counties in identifying community mental health center
27catchment areas in accordance with this section.
282. a. Unless the division department has determined that
29exceptional circumstances exist, a catchment area shall be
30served by one community mental health center. The purpose of
31this general limitation is to clearly designate the center
32responsible and accountable for providing core mental health
33services to the target population in the catchment area and to
34protect the financial viability of the centers comprising the
35mental health services system in the state.
-374- 1b. A formal review process shall be used in determining
2whether exceptional circumstances exist that justify
3designating more than one center to serve a catchment area.
4The criteria for the review process shall include but are not
5limited to a means of determining whether the catchment area
6can support more than one center.
7c. Criteria shall be provided that would allow the
8designation of more than one center for all or a portion of a
9catchment area if designation or approval for more than one
10center was provided by the division department as of October 1,
112010. The criteria shall require a determination that all such
12centers would be financially viable if designation is provided
13for all.
14 Sec. 574. Section 230A.105, subsection 1, paragraph e, Code
152023, is amended to read as follows:
16e. Individuals described in paragraph “a”, “b”, “c”, or “d”
17who have a co-occurring disorder, including but not limited
18to substance abuse use disorder, intellectual disability,
19a developmental disability, brain injury, autism spectrum
20disorder, or another disability or special health care need.
21 Sec. 575. Section 230A.108, Code 2023, is amended to read
22as follows:
23230A.108 Administrative, diagnostic, and demographic
24information.
25Release of administrative and diagnostic information, as
26defined in section 228.1, and demographic information necessary
27for aggregated reporting to meet the data requirements
28established by the division department, relating to an
29individual who receives services from a community mental health
30center, may be made a condition of support of that center by
31the division department.
32 Sec. 576. Section 230A.110, subsections 1 and 2, Code 2023,
33are amended to read as follows:
341. The division department shall recommend and the
35commission shall adopt standards for designated community
-375-1mental health centers and comprehensive community mental health
2programs, with the overall objective of ensuring that each
3center and each affiliate providing services under contract
4with a center furnishes high-quality mental health services
5within a framework of accountability to the community it
6serves. The standards adopted shall conform with federal
7standards applicable to community mental health centers
8and shall be in substantial conformity with the applicable
9behavioral health standards adopted by the joint commission,
10formerly known as the joint commission on accreditation
11of health care organizations, or other recognized national
12standards for evaluation of psychiatric facilities unless in
13the judgment of the division department, with approval of the
14commission, there are sound reasons for departing from the
15standards.
162. When recommending standards under this section, the
17division department shall designate an advisory committee
18representing boards of directors and professional staff
19of designated community mental health centers to assist in
20the formulation or revision of standards. The membership
21of the advisory committee shall include representatives of
22professional and nonprofessional staff and other appropriate
23individuals.
24 Sec. 577. Section 230A.110, subsection 3, paragraph c, Code
252023, is amended to read as follows:
26c. Arrange for the financial condition and transactions
27of the community mental health center to be audited once
28each year by the auditor of state. However, in lieu of an
29audit by the auditor of state, the local governing body of a
30community mental health center organized under this chapter
31may contract with or employ certified public accountants
32to conduct the audit, pursuant to the applicable terms and
33conditions prescribed by sections 11.6 and 11.19 and audit
34format prescribed by the auditor of state. Copies of each
35audit shall be furnished by the auditor or accountant to the
-376-1administrator of the division of mental health and disability
2services department.
3 Sec. 578. Section 230A.111, Code 2023, is amended to read
4as follows:
5230A.111 Review and evaluation.
61. The review and evaluation of designated centers shall
7be performed through a formal accreditation review process as
8recommended by the division department and approved by the
9commission. The accreditation process shall include all of the
10following:
11a. Specific time intervals for full accreditation reviews
12based upon levels of accreditation.
13b. Use of random or complaint-specific, on-site limited
14accreditation reviews in the interim between full accreditation
15reviews, as a quality review approach. The results of such
16reviews shall be presented to the commission.
17c. Use of center accreditation self-assessment tools to
18gather data regarding quality of care and outcomes, whether
19used during full or limited reviews or at other times.
202. The accreditation process shall include but is not
21limited to addressing all of the following:
22a. Measures to address centers that do not meet standards,
23including authority to revoke accreditation.
24b. Measures to address noncompliant centers that do not
25develop a corrective action plan or fail to implement steps
26included in a corrective action plan accepted by the division
27 department.
28c. Measures to appropriately recognize centers that
29successfully complete a corrective action plan.
30d. Criteria to determine when a center’s accreditation
31should be denied, revoked, suspended, or made provisional.
32 Sec. 579. Section 231.4, subsection 1, paragraphs e and f,
33Code 2023, are amended to read as follows:
34e. “Department” means the department on aging of health and
35human services.
-377- 1f. “Director” means the director of the department on aging
2 health and human services.
3 Sec. 580. Section 231.21, Code 2023, is amended to read as
4follows:
5231.21 Department on aging Administration of chapter —
6department of health and human services.
7An Iowa The department on aging is established which of
8health and human services shall administer this chapter
9under the policy direction of the commission on aging. The
10department on aging shall be administered by a director.
11 Sec. 581. Section 231.23, Code 2023, is amended to read as
12follows:
13231.23 Department on aging — duties and authority.
14The department on aging director shall:
151. Develop and administer a state plan on aging.
162. Assist the commission in the review and approval of area
17plans.
183. Pursuant to commission policy, coordinate state
19activities related to the purposes of this chapter and all
20other chapters under the department’s jurisdiction.
214. Advocate for older individuals by reviewing and
22commenting upon all state plans, budgets, laws, rules,
23regulations, and policies which affect older individuals and
24by providing technical assistance to any agency, organization,
25association, or individual representing the needs of older
26individuals.
275. Assist the commission in dividing the state into distinct
28planning and service areas.
296. Assist the commission in designating for each area a
30public or private nonprofit agency or organization as the area
31agency on aging for that area.
327. Pursuant to commission policy, take into account the
33views of older Iowans.
348. Assist the commission in adopting a method for the
35distribution of funds available from the federal Act and state
-378-1appropriations and allocations.
29. Assist the commission in assuring that preference will
3be given to providing services to older individuals with the
4greatest economic or social needs, with particular attention to
5low-income minority older individuals, older individuals with
6limited English proficiency, and older individuals residing in
7rural areas.
810. Assist the commission in developing, adopting, and
9enforcing administrative rules, by issuing necessary forms and
10procedures.
1111. Apply for, receive, and administer grants, devises,
12donations, gifts, or bequests of real or personal property from
13any source to conduct projects consistent with the purposes of
14the department. Notwithstanding section 8.33, moneys received
15by the department pursuant to this section are not subject to
16reversion to the general fund of the state.
1712. Administer state authorized programs.
1813. Establish a procedure for an area agency on aging to
19use in selection of members of the agency’s board of directors.
20The selection procedure shall be incorporated into the bylaws
21of the board of directors.
22 Sec. 582. Section 231.23A, unnumbered paragraph 1, Code
232023, is amended to read as follows:
24The department on aging shall provide or administer, but is
25not limited to providing or administering, all of the following
26programs and services:
27 Sec. 583. Section 231.31, Code 2023, is amended to read as
28follows:
29231.31 State plan on aging.
30The department on aging shall develop, and submit to the
31commission on aging for approval, a multiyear state plan on
32aging. The state plan on aging shall meet all applicable
33federal requirements.
34 Sec. 584. Section 231.32, subsection 2, paragraph d, Code
352023, is amended to read as follows:
-379- 1d. Any public or nonprofit private agency in a planning
2and service area or any separate organizational unit within
3such agency which is under the supervision or direction for
4this purpose of the department on aging and which can and will
5engage only in the planning or provision of a broad range of
6long-term living and community support services or nutrition
7services within the planning and service area.
8 Sec. 585. Section 231.42, subsection 4, paragraph a, Code
92023, is amended to read as follows:
10a. If abuse, neglect, or exploitation of a resident or
11tenant is suspected, the state or a local long-term care
12ombudsman shall, with the permission of the resident or tenant
13as applicable under federal law, make an immediate referral
14to the department of inspections and appeals, the department
15of health and human services, the department on aging, or the
16appropriate law enforcement agency, as applicable.
17 Sec. 586. Section 231.58, Code 2023, is amended to read as
18follows:
19231.58 Long-term living coordination.
20The director may convene meetings, as necessary, of the
21director and the directors of human services, public health,
22and director of inspections and appeals, to assist in the
23coordination of policy, service delivery, and long-range
24planning relating to the long-term living system and older
25Iowans in the state. The group may consult with individuals,
26institutions and entities with expertise in the area of the
27long-term living system and older Iowans, as necessary, to
28facilitate the group’s efforts.
29 Sec. 587. Section 231C.5, subsection 2, paragraph b,
30subparagraph (2), subparagraph division (c), Code 2023, is
31amended to read as follows:
32(c) Contact information for the department of health and
33 human services and the senior health insurance information
34program to assist tenants in accessing third-party payment
35sources.
-380-1 Sec. 588. Section 231C.5A, Code 2023, is amended to read as
2follows:
3231C.5A Assessment of tenants — program eligibility.
4An assisted living program receiving reimbursement through
5the medical assistance program under chapter 249A shall
6assist the department of veterans affairs in identifying, upon
7admission of a tenant, the tenant’s eligibility for benefits
8through the United States department of veterans affairs. The
9assisted living program shall also assist the commission of
10veterans affairs in determining such eligibility for tenants
11residing in the program on July 1, 2009. The department of
12inspections and appeals, in cooperation with the department of
13health and human services, shall adopt rules to administer this
14section, including a provision that ensures that if a tenant is
15eligible for benefits through the United States department of
16veterans affairs or other third-party payor, the payor of last
17resort for reimbursement to the assisted living program is the
18medical assistance program. The rules shall also require the
19assisted living program to request information from a tenant or
20tenant’s personal representative regarding the tenant’s veteran
21status and to report to the department of veterans affairs
22only the names of tenants identified as potential veterans
23along with the names of their spouses and any dependents.
24Information reported by the assisted living program shall be
25verified by the department of veterans affairs.
26 Sec. 589. Section 231E.3, subsections 5 and 6, Code 2023,
27are amended to read as follows:
285. “Department” means the department on aging established in
29section 231.21 of health and human services.
306. “Director” means the director of the department on aging
31 health and human services.
32 Sec. 590. Section 231E.4, subsection 3, paragraph e, Code
332023, is amended to read as follows:
34e. Work with the department of human services, the
35Iowa department of public health, the Iowa developmental
-381-1disabilities council, and other agencies to establish
2a referral system for the provision of guardianship,
3conservatorship, and representative payee services.
4 Sec. 591. Section 232.2, subsections 14 and 18, Code 2023,
5are amended to read as follows:
614. “Department” means the department of health and human
7services and includes the local, and county, and service area
8 officers of the department.
918. “Director” means the director of the department of
10 health and human services or that person’s the director’s
11 designee.
12 Sec. 592. Section 232.11, subsections 3, 4, and 5, Code
132023, are amended to read as follows:
143. If the child is not represented by counsel as required
15under subsection 1, counsel shall be provided as follows:
16a. If the court determines, after giving the child’s parent,
17guardian, or custodian an opportunity to be heard, that such
18person has the ability in whole or in part to pay for the
19employment of counsel, it shall either order that person to
20retain an attorney to represent the child or shall appoint
21counsel for the child and order the parent, guardian, or
22custodian to pay for that counsel as provided in subsection 5.
23b. If the court determines that the parent, guardian,
24or custodian cannot pay any part of the expenses of counsel
25to represent the child, it shall appoint counsel, who shall
26be reimbursed according to section 232.141, subsection 2,
27paragraph “b”.
28c. The court may appoint counsel to represent the child
29and reserve the determination of payment until the parent,
30guardian, or custodian has an opportunity to be heard.
314. If the child is represented by counsel and the court
32determines that there is a conflict of interest between the
33child and the child’s parent, guardian, or custodian and that
34the retained counsel could not properly represent the child as
35a result of the conflict, the court shall appoint other counsel
-382-1to represent the child and order the parent, guardian, or
2custodian to pay for such counsel as provided in subsection 5.
35. If the court determines, after an inquiry which includes
4notice and reasonable opportunity to be heard that the parent,
5guardian, or custodian has the ability to pay in whole or
6in part for the attorney appointed for the child, the court
7may order that person to pay such sums as the court finds
8appropriate in the manner and to whom the court directs. If
9the person so ordered fails to comply with the order without
10good reason, the court shall enter judgment against the person.
11 Sec. 593. Section 232.21, subsection 2, paragraph a,
12subparagraph (3), Code 2023, is amended to read as follows:
13(3) An institution or other facility operated by the
14department of human services, or one which is licensed or
15otherwise authorized by law to receive and provide care for the
16child.
17 Sec. 594. Section 232.22, subsection 5, paragraph b, Code
182023, is amended to read as follows:
19b. The court determines that an acceptable alternative
20placement does not exist pursuant to criteria developed by the
21department of human services.
22 Sec. 595. Section 232.28, subsections 3, 4, and 5, Code
232023, are amended to read as follows:
243. In the course of a preliminary inquiry, the intake
25officer may:
26a. Interview the complainant, victim, or witnesses of the
27alleged delinquent act.
28b. Check existing records of the court, law enforcement
29agencies, public records of other agencies, and child abuse
30records as provided in section 235A.15, subsection 2, paragraph
31“e”.
32c. Hold conferences with the child and the child’s parent or
33parents, guardian, or custodian for the purpose of interviewing
34them and discussing the disposition of the complaint in
35accordance with the requirements set forth in subsection 8.
-383- 1d. Examine any physical evidence pertinent to the complaint.
2e. Interview such persons as are necessary to determine
3whether the filing of a petition would be in the best interests
4of the child and the community as provided in section 232.35,
5subsections 2 and 3.
64. Any additional inquiries may be made only with the
7consent of the child and the child’s parent or parents,
8guardian, or custodian.
95. Participation of the child and the child’s parent or
10parents, guardian, or custodian in a conference with an intake
11officer shall be voluntary, and they shall have the right to
12refuse to participate in such conference. At such conference
13the child shall have the right to the assistance of counsel in
14accordance with section 232.11 and the right to remain silent
15when questioned by the intake officer.
16 Sec. 596. Section 232.29, subsection 1, paragraphs b, d, and
17g, Code 2023, are amended to read as follows:
18b. The intake officer shall advise the child and the child’s
19parent, guardian, or custodian that they have the right to
20refuse an informal adjustment of the complaint and demand the
21filing of a petition and a formal adjudication.
22d. The terms of such agreement shall be clearly stated in
23writing and signed by all parties to the agreement and a copy
24of this agreement shall be given to the child; the counsel for
25the child; the parent, guardian, or custodian; and the intake
26officer, who shall retain the copy in the case file.
27g. The child and the child’s parent, guardian, or custodian
28shall have the right to terminate such agreement at any
29time and to request the filing of a petition and a formal
30adjudication.
31 Sec. 597. Section 232.38, Code 2023, is amended to read as
32follows:
33232.38 Presence of parents at hearings.
341. Any hearings or proceedings under this subchapter
35subsequent to the filing of a petition shall not take place
-384-1without the presence of one or both of the child’s parents,
2guardian, or custodian except that a hearing or proceeding may
3take place without such presence if the parent, guardian, or
4custodian fails to appear after reasonable notification, or if
5the court finds that a reasonably diligent effort has been made
6to notify the child’s parent, guardian, or custodian, and the
7effort was unavailing.
82. In any such hearings or proceedings the court may
9temporarily excuse the presence of the parent, guardian, or
10custodian when the court deems it in the best interests of the
11child. Counsel for the parent, guardian, or custodian shall
12have the right to participate in a hearing or proceeding during
13the absence of the parent, guardian, or custodian.
14 Sec. 598. Section 232.43, subsection 2, Code 2023, is
15amended to read as follows:
162. The county attorney and the child’s counsel may mutually
17consider a plea agreement which contemplates entry of a plea
18admitting the allegations of the petition in the expectation
19that other charges will be dismissed or not filed or that a
20specific disposition will be recommended by the county attorney
21and granted by the court. Any plea discussion shall be open to
22the child and the child’s parent, guardian, or custodian.
23 Sec. 599. Section 232.44, subsection 5, paragraph b,
24subparagraph (1), Code 2023, is amended to read as follows:
25(1) Place the child in the custody of a parent, guardian,
26 or custodian under that person’s supervision, or under the
27supervision of an organization which agrees to supervise the
28child.
29 Sec. 600. Section 232.44, subsection 7, Code 2023, is
30amended to read as follows:
317. If a child held in shelter care or detention by court
32order has not been released after a detention hearing or has
33not appeared at an adjudicatory hearing before the expiration
34of the order of detention, an additional hearing shall
35automatically be scheduled for the next court day following the
-385-1expiration of the order. The child, the child’s counsel, the
2child’s guardian ad litem, and the child’s parent, guardian,
3 or custodian shall be notified of this hearing not less than
4twenty-four hours before the hearing is scheduled to take
5place. The hearing required by this subsection may be held by
6telephone conference call.
7 Sec. 601. Section 232.46, subsection 1, paragraph b, Code
82023, is amended to read as follows:
9b. A child’s need for shelter placement or for inpatient
10mental health or substance abuse use disorder treatment does
11not preclude entry or continued execution of a consent decree.
12 Sec. 602. Section 232.46, subsection 3, Code 2023, is
13amended to read as follows:
143. A consent decree shall not be entered unless the child
15and the child’s parent, guardian, or custodian is informed
16of the consequences of the decree by the court and the court
17determines that the child has voluntarily and intelligently
18agreed to the terms and conditions of the decree. If the
19county attorney objects to the entry of a consent decree,
20the court shall proceed to determine the appropriateness of
21entering a consent decree after consideration of any objections
22or reasons for entering such a decree.
23 Sec. 603. Section 232.52, subsection 2, paragraph d,
24subparagraph (3), Code 2023, is amended to read as follows:
25(3) The department of human services for purposes of
26foster care and prescribing the type of placement which will
27serve the best interests of the child and the means by which
28the placement shall be monitored by the court. The court
29shall consider ordering placement in family foster care as an
30alternative to group foster care.
31 Sec. 604. Section 232.52, subsection 2, paragraph e,
32unnumbered paragraph 1, Code 2023, is amended to read as
33follows:
34An order transferring the custody of the child, subject to
35the continuing jurisdiction and custody of the court for the
-386-1purposes of section 232.54, to the director of the department
2of human services for purposes of placement in the state
3training school or other facility, provided that the child is
4at least twelve years of age and the court finds the placement
5to be in the best interests of the child or necessary for the
6protection of the public, and that the child has been found to
7have committed an act which is a forcible felony, as defined
8in section 702.11, or a felony violation of section 124.401
9or chapter 707, or the court finds any three of the following
10conditions exist:
11 Sec. 605. Section 232.52, subsections 6, 8, and 9, Code
122023, are amended to read as follows:
136. If the court orders the transfer of custody of the
14child to the department of human services or other agency
15for placement, the department or agency responsible for the
16placement of the child shall submit a case permanency plan to
17the court and shall make every effort to return the child to
18the child’s home as quickly as possible.
198. If the court orders the transfer of the custody of the
20child to the department of human services or to another agency
21for placement in group foster care, the department or agency
22shall make every reasonable effort to place the child in the
23least restrictive, most family-like, and most appropriate
24setting available and in close proximity to the parents’ home,
25consistent with the child’s best interests and special needs,
26and shall consider the placement’s proximity to the school in
27which the child is enrolled at the time of placement.
289. If a child has previously been adjudicated as a child
29in need of assistance, and a social worker or other caseworker
30from the department of human services has been assigned to work
31on the child’s case, the court may order the department of
32human services to assign the same social worker or caseworker
33to work on any matters related to the child arising under this
34subchapter.
35 Sec. 606. Section 232.52, subsection 10, paragraph a,
-387-1unnumbered paragraph 1, Code 2023, is amended to read as
2follows:
3Upon receipt of an application from the director of the
4department of human services, the court shall enter an order
5to temporarily transfer a child who has been placed in the
6state training school pursuant to subsection 2, paragraph “e”,
7to a facility which has been designated to be an alternative
8placement site for the state training school, provided the
9court finds that all of the following conditions exist:
10 Sec. 607. Section 232.68, subsection 4, Code 2023, is
11amended to read as follows:
124. “Department” means the state department of health and
13 human services and includes the local, and county, and service
14area offices of the department.
15 Sec. 608. Section 232.69, subsection 1, paragraph b,
16subparagraphs (6) and (7), Code 2023, are amended to read as
17follows:
18(6) An employee or operator of a substance abuse use
19disorder program or facility licensed under chapter 125.
20(7) An employee of a department of human services
21 institution listed in section 218.1.
22 Sec. 609. Section 232.70, subsections 3, 5, and 6, Code
232023, are amended to read as follows:
243. The oral report shall be made by telephone or otherwise
25to the department of human services. If the person making the
26report has reason to believe that immediate protection for the
27child is advisable, that person shall also make an oral report
28to an appropriate law enforcement agency.
295. The oral and written reports shall contain the following
30information, or as much thereof of the following information as
31the person making the report is able to furnish:
32a. The names and home address of the child and the child’s
33parents or other persons believed to be responsible for the
34child’s care;.
35b. The child’s present whereabouts if not the same as the
-388-1parent’s or other person’s home address;.
2c. The child’s age;.
3d. The nature and extent of the child’s injuries, including
4any evidence of previous injuries;.
5e. The name, age and condition of other children in the same
6home;.
7f. Any other information which the person making the report
8believes might be helpful in establishing the cause of the
9injury to the child, the identity of the person or persons
10responsible for the injury, or in providing assistance to the
11child; and.
12g. The name and address of the person making the report.
136. A report made by a permissive reporter, as defined in
14section 232.69, subsection 2, shall be regarded as a report
15pursuant to this chapter whether or not the report contains
16all of the information required by this section and may be
17made to the department of human services, county attorney, or
18law enforcement agency. If the report is made to any agency
19other than the department of human services, such agency shall
20promptly refer the report to the department of human services.
21 Sec. 610. Section 232.72, subsections 1 and 2, Code 2023,
22are amended to read as follows:
231. For the purposes of this subchapter, the terms
24“department of health and human services”, “department”, or
25“county attorney” ordinarily refer to the service area or local
26office of the department of human services or of the county
27attorney’s office serving the county in which the child’s home
28is located.
292. If the person making a report of child abuse pursuant to
30this chapter does not know where the child’s home is located,
31or if the child’s home is not located in the service area where
32the health practitioner examines, attends, or treats the child,
33 the report may be made to the department or to the local office
34serving the county where the person making the report resides
35or the county where the health practitioner examines, attends,
-389-1or treats the child. These agencies shall promptly proceed as
2provided in section 232.71B, unless the matter is transferred
3as provided in this section.
4 Sec. 611. Section 232.75, subsection 3, Code 2023, is
5amended to read as follows:
63. A person who reports or causes to be reported to the
7department of human services false information regarding an
8alleged act of child abuse, knowing that the information
9is false or that the act did not occur, commits a simple
10misdemeanor.
11 Sec. 612. Section 232.78, subsection 4, Code 2023, is
12amended to read as follows:
134. The juvenile court may enter an order authorizing
14a physician or physician assistant or hospital to provide
15emergency medical or surgical procedures before the filing of
16a petition under this chapter provided all of the following
17conditions are met:
18a. Such procedures are necessary to safeguard the life and
19health of the child; and.
20b. There is not enough time to file a petition under this
21chapter and hold a hearing as provided in section 232.95.
22 Sec. 613. Section 232.79, subsection 4, paragraphs a and b,
23Code 2023, are amended to read as follows:
24a. When the court is informed that there has been an
25emergency removal or keeping of a child without a court order,
26the court shall direct the department of human services or
27the juvenile probation department to make every reasonable
28effort to communicate immediately with the child’s parent or
29parents or other person legally responsible for the child’s
30care. Upon locating the child’s parent or parents or other
31person legally responsible for the child’s care, the department
32of human services or the juvenile probation department shall,
33in accordance with court-established procedures, immediately
34orally inform the court. After orally informing the court,
35the department of human services or the juvenile probation
-390-1department shall provide to the court written documentation of
2the oral information.
3b. The court shall authorize the department of human
4services or the juvenile probation department to cause a
5child thus removed or kept to be returned if it concludes
6there is not an imminent risk to the child’s life and health
7in so doing. If the department of human services or the
8juvenile probation department receives information which could
9affect the court’s decision regarding the child’s return,
10the department of human services or the juvenile probation
11department, in accordance with court established procedures,
12shall immediately orally provide the information to the
13court. After orally providing the information to the court,
14the department of human services or the juvenile probation
15department shall provide to the court written documentation
16of the oral information. If the child is not returned,
17the department of human services or the juvenile probation
18department shall forthwith cause a petition to be filed within
19three days after the removal.
20 Sec. 614. Section 232.81, subsection 2, Code 2023, is
21amended to read as follows:
222. Upon receipt of a complaint, the court may request the
23department of human services, juvenile probation office, or
24other authorized agency or individual to conduct a preliminary
25investigation of the complaint to determine if further action
26should be taken.
27 Sec. 615. Section 232.82, subsection 2, Code 2023, is
28amended to read as follows:
292. If an order is entered under subsection 1 and a petition
30has not yet been filed under this chapter, the petition shall
31be filed under section 232.87 by the county attorney, the
32department of human services, or a juvenile court officer
33within three days of the entering of the order.
34 Sec. 616. Section 232.87, subsection 2, Code 2023, is
35amended to read as follows:
-391- 12. A petition may be filed by the department of human
2services, juvenile court officer, or county attorney.
3 Sec. 617. Section 232.89, subsection 3, Code 2023, is
4amended to read as follows:
53. The court shall determine, after giving the parent,
6guardian, or custodian an opportunity to be heard, whether
7the person has the ability to pay in whole or in part for
8counsel appointed for the child. If the court determines
9that the person possesses sufficient financial ability,
10the court shall then consult with the department of human
11services, the juvenile probation office, or other authorized
12agency or individual regarding the likelihood of impairment
13of the relationship between the child and the child’s parent,
14guardian, or custodian as a result of ordering the parent,
15guardian, or custodian to pay for the child’s counsel. If
16impairment is deemed unlikely, the court shall order that
17person to pay an amount the court finds appropriate in the
18manner and to whom the court directs. If the person fails to
19comply with the order without good reason, the court shall
20enter judgment against the person. If impairment is deemed
21likely or if the court determines that the parent, guardian,
22or custodian cannot pay any part of the expenses of counsel
23appointed to represent the child, counsel shall be reimbursed
24pursuant to section 232.141, subsection 2, paragraph “b”.
25 Sec. 618. Section 232.96, subsections 4 and 6, Code 2023,
26are amended to read as follows:
274. A report made to the department of human services
28 pursuant to chapter 235A shall be admissible in evidence,
29but such a report shall not alone be sufficient to support a
30finding that the child is a child in need of assistance unless
31the attorneys for the child and the parents consent to such a
32finding.
336. A report, study, record, or other writing or an
34audiotape or videotape recording made by the department of
35human services, a juvenile court officer, a peace officer, a
-392-1child protection center, or a hospital relating to a child in a
2proceeding under this subchapter is admissible notwithstanding
3any objection to hearsay statements contained in it provided
4it is relevant and material and provided its probative value
5substantially outweighs the danger of unfair prejudice to the
6child’s parent, guardian, or custodian. The circumstances of
7the making of the report, study, record or other writing or an
8audiotape or videotape recording, including the maker’s lack of
9personal knowledge, may be proved to affect its weight.
10 Sec. 619. Section 232.97, subsection 1, Code 2023, is
11amended to read as follows:
121. The court shall not make a disposition of the petition
13until five working days after a social report has been
14submitted to the court and counsel for the child and has been
15considered by the court. The court may waive the five-day
16requirement upon agreement by all the parties. The court may
17direct either the juvenile court officer or the department
18of human services or any other agency licensed by the state
19to conduct a social investigation and to prepare a social
20report which may include any evidence provided by an individual
21providing foster care for the child. A report prepared shall
22include any founded reports of child abuse.
23 Sec. 620. Section 232.98, subsection 2, Code 2023, is
24amended to read as follows:
252. Following an adjudication that a child is a child in need
26of assistance, the court may after a hearing order the physical
27or mental examination of the parent, guardian, or custodian if
28that person’s ability to care for the child is at issue.
29 Sec. 621. Section 232.100, Code 2023, is amended to read as
30follows:
31232.100 Suspended judgment.
32After the dispositional hearing the court may enter an
33order suspending judgment and continuing the proceedings
34subject to terms and conditions imposed to assure the proper
35care and protection of the child. Such terms and conditions
-393-1may include the supervision of the child and of the parent,
2guardian, or custodian by the department of human services,
3juvenile court office, or other appropriate agency designated
4by the court. The maximum duration of any term or condition of
5a suspended judgment shall be twelve months unless the court
6finds at a hearing held during the last month of that period
7that exceptional circumstances require an extension of the term
8or condition for an additional six months.
9 Sec. 622. Section 232.101, subsection 1, Code 2023, is
10amended to read as follows:
111. After the dispositional hearing, the court may enter an
12order permitting the child’s parent, guardian, or custodian
13at the time of the filing of the petition to retain custody
14of the child subject to terms and conditions which the court
15prescribes to assure the proper care and protection of the
16child. Such terms and conditions may include supervision
17of the child and the parent, guardian, or custodian by the
18department of human services, juvenile court office, or other
19appropriate agency which the court designates. Such terms
20and conditions may also include the provision or acceptance
21by the parent, guardian, or custodian of special treatment or
22care which the child needs for the child’s physical or mental
23health. If the parent, guardian, or custodian fails to provide
24the treatment or care, the court may order the department
25of human services or some other appropriate state agency to
26provide such care or treatment.
27 Sec. 623. Section 232.102, subsections 4 and 6, Code 2023,
28are amended to read as follows:
294. a. Whenever possible the court should permit the
30child to remain at home with the child’s parent, guardian, or
31custodian. Custody of the child should not be transferred
32unless the court finds there is clear and convincing evidence
33that of any of the following:
34(1) The child cannot be protected from physical abuse
35without transfer of custody; or.
-394- 1(2) The child cannot be protected from some harm which would
2justify the adjudication of the child as a child in need of
3assistance and an adequate placement is available.
4b. In order to transfer custody of the child under
5this subsection, the court must make a determination that
6continuation of the child in the child’s home would be contrary
7to the welfare of the child, and shall identify the reasonable
8efforts that have been made. The court’s determination
9regarding continuation of the child in the child’s home,
10and regarding reasonable efforts, including those made to
11prevent removal and those made to finalize any permanency
12plan in effect, as well as any determination by the court
13that reasonable efforts are not required, must be made on
14a case-by-case basis. The grounds for each determination
15must be explicitly documented and stated in the court order.
16However, preserving the safety of the child is the paramount
17consideration. If imminent danger to the child’s life or
18health exists at the time of the court’s consideration, the
19determinations otherwise required under this paragraph shall
20not be a prerequisite for an order for removal of the child.
21If the court transfers custody of the child, unless the
22court waives the requirement for making reasonable efforts or
23otherwise makes a determination that reasonable efforts are not
24required, reasonable efforts shall be made to make it possible
25for the child to safely return to the family’s home.
266. In any order transferring custody to the department
27or an agency, or in orders pursuant to a custody order, the
28court shall specify the nature and category of disposition
29which will serve the best interests of the child, and shall
30prescribe the means by which the placement shall be monitored
31by the court. If the court orders the transfer of the custody
32of the child to the department of human services or other
33agency for placement, the department or agency shall submit
34a case permanency plan to the court and shall make every
35reasonable effort to return the child to the child’s home as
-395-1quickly as possible consistent with the best interests of the
2child. When the child is not returned to the child’s home and
3if the child has been previously placed in a licensed foster
4care facility, the department or agency shall consider placing
5the child in the same licensed foster care facility. If the
6court orders the transfer of custody to a parent who does not
7have physical care of the child, other relative, or other
8suitable person, the court may direct the department or other
9agency to provide services to the child’s parent, guardian,
10or custodian in order to enable them to resume custody of the
11child. If the court orders the transfer of custody to the
12department of human services or to another agency for placement
13in group foster care, the department or agency shall make every
14reasonable effort to place the child in the least restrictive,
15most family-like, and most appropriate setting available, and
16in close proximity to the parents’ home, consistent with the
17child’s best interests and special needs, and shall consider
18the placement’s proximity to the school in which the child is
19enrolled at the time of placement.
20 Sec. 624. Section 232.103A, subsections 3 and 5, Code 2023,
21are amended to read as follows:
223. The juvenile court shall designate the petitioner and
23respondent for the purposes of the bridge order. A bridge
24order shall only address matters of custody, physical care, and
25visitation. All other matters, including child support, shall
26be filed by separate petition or by action of the child support
27recovery unit services, and shall be subject to existing
28applicable statutory provisions.
295. The district court shall take judicial notice of the
30juvenile file in any hearing related to the case. Records
31contained in the district court case file that were copied or
32transferred from the juvenile court file concerning the case
33shall be subject to section 232.147 and other confidentiality
34provisions of this chapter for cases not involving juvenile
35delinquency, and shall be disclosed, upon request, to the child
-396-1support recovery unit services without a court order.
2 Sec. 625. Section 232.111, subsection 1, Code 2023, is
3amended to read as follows:
41. A child’s guardian, guardian ad litem, or custodian,
5the department of human services, a juvenile court officer, or
6the county attorney may file a petition for termination of the
7parent-child relationship and parental rights with respect to a
8child.
9 Sec. 626. Section 232.116, subsection 1, paragraph l, Code
102023, is amended to read as follows:
11l. The court finds that all of the following have occurred:
12(1) The child has been adjudicated a child in need of
13assistance pursuant to section 232.96 and custody has been
14transferred from the child’s parents for placement pursuant to
15section 232.102.
16(2) The parent has a severe substance-related substance use
17 disorder as described by either of the following:
18(a) The severe substance-related substance use disorder
19meets the definition for that term as defined in the most
20current edition of the diagnostic and statistical manual
21prepared by the American psychiatric association, and the
22parent presents a danger to self or others as evidenced by
23prior acts.
24(b) The disorder is evidenced by continued and repeated use
25through the case, the parent’s refusal to obtain a substance
26abuse use disorder evaluation or treatment after given the
27opportunity to do so, and the parent presents a danger to self
28or others as evidenced by prior acts.
29(3) There is clear and convincing evidence that the parent’s
30prognosis indicates that the child will not be able to be
31returned to the custody of the parent within a reasonable
32period of time considering the child’s age and need for a
33permanent home.
34 Sec. 627. Section 232.142, Code 2023, is amended to read as
35follows:
-397- 1232.142 Maintenance and cost of juvenile homes — fund.
21. County boards of supervisors which singly or in
3conjunction with one or more other counties provide and
4maintain juvenile detention and juvenile shelter care homes are
5subject to this section.
62. For the purpose of providing and maintaining a county
7or multicounty home, the board of supervisors of any county
8may issue general county purpose bonds in accordance with
9sections 331.441 through 331.449. Expenses for providing and
10maintaining a multicounty home shall be paid by the counties
11participating in a manner to be determined by the boards of
12supervisors.
133. A county or multicounty juvenile detention home approved
14pursuant to this section shall receive financial aid from the
15state in a manner approved by the director, the director of the
16department of human rights, or a designee of the director of
17the department of human rights. Aid paid by the state shall
18be at least ten percent and not more than fifty percent of the
19total cost of the establishment, improvements, operation, and
20maintenance of the home. This subsection is repealed July 1,
212023.
224. The director, the director of the department of human
23rights, or a designee of the director of the department of
24human rights shall adopt minimal rules and standards for the
25establishment, maintenance, and operation of such homes as
26shall be necessary to effect the purposes of this chapter. The
27rules shall apply the requirements of section 237.8, concerning
28employment and evaluation of persons with direct responsibility
29for a child or with access to a child when the child is
30alone and persons residing in a child foster care facility,
31to persons employed by, residing in, or volunteering for a
32home approved under this section. The director shall, upon
33request, give guidance and consultation in the establishment
34and administration of the homes and programs for the homes.
35This subsection is repealed July 1, 2023.
-398- 15. The director, the director of the department of human
2rights, or a designee of the director of the department of
3human rights shall approve annually all such homes established
4and maintained under the provisions of this chapter. A home
5shall not be approved unless it complies with minimal rules and
6standards adopted by the director and has been inspected by the
7department of inspections and appeals. The statewide number
8of beds in the homes approved by the director shall not exceed
9two hundred seventy-two beds beginning July 1, 2017. This
10subsection is repealed July 1, 2023.
116. A juvenile detention home fund is created in the
12state treasury under the authority of the department or the
13department of human rights as the department and the department
14of human rights agree. The fund shall consist of moneys
15deposited in the fund pursuant to section 602.8108. The moneys
16in the fund shall be used for the costs of the establishment,
17improvement, operation, and maintenance of county or
18multicounty juvenile detention homes in accordance with annual
19appropriations made by the general assembly from the fund for
20these purposes. This subsection is repealed July 1, 2023.
21 Sec. 628. Section 232.147, subsection 2, paragraphs c, e,
22and j, Code 2023, are amended to read as follows:
23c. The child’s parent, guardian, or custodian, court
24appointed special advocate, and guardian ad litem, and
25the members of the child advocacy board created in section
26237.16 or a local citizen foster care review board created in
27accordance with section 237.19 who are assigning or reviewing
28the child’s case.
29e. An agency, individual, association, facility, or
30institution responsible for the care, treatment, or supervision
31of the child pursuant to a court order or voluntary placement
32agreement with the department of human services, juvenile
33officer, or intake officer.
34j. The department of human services.
35 Sec. 629. Section 232.147, subsection 3, paragraphs c, e,
-399-1and h, Code 2023, are amended to read as follows:
2c. The child’s parent, guardian, or custodian, court
3appointed special advocate, guardian ad litem, and the members
4of the child advocacy board created in section 237.16 or a
5local citizen foster care review board created in accordance
6with section 237.19 who are assigning or reviewing the child’s
7case.
8e. An agency, individual, association, facility, or
9institution responsible for the care, treatment, or supervision
10of the child pursuant to a court order or voluntary placement
11agreement with the department of human services, juvenile court
12officer, or intake officer.
13h. The department of human services.
14 Sec. 630. Section 232.147, subsection 4, paragraphs c, f,
15and j, Code 2023, are amended to read as follows:
16c. The child’s parent, guardian, or custodian, court
17appointed special advocate, guardian ad litem, and the members
18of the child advocacy board created in section 237.16 or a
19local citizen foster care review board created in accordance
20with section 237.19 who are assigning or reviewing the child’s
21case.
22f. An agency, individual, association, facility, or
23institution responsible for the care, treatment, or supervision
24of the child pursuant to a court order or voluntary placement
25agreement with the department of human services, juvenile court
26officer, or intake officer.
27j. The department of human services.
28 Sec. 631. Section 232.147, subsection 7, Code 2023, is
29amended to read as follows:
307. Official juvenile court records enumerated in section
31232.2, subsection 43, paragraph “e”, relating to paternity,
32support, or the termination of parental rights, shall be
33disclosed, upon request, to the child support recovery unit
34 services without court order.
35 Sec. 632. Section 232.149, subsection 5, paragraph h, Code
-400-12023, is amended to read as follows:
2h. The department of human services.
3 Sec. 633. Section 232.149A, subsection 3, paragraphs c and
4e, Code 2023, are amended to read as follows:
5c. The child’s parent, guardian, or custodian, court
6appointed special advocate, and guardian ad litem, and
7the members of the child advocacy board created in section
8237.16 or a local citizen foster care review board created in
9accordance with section 237.19 who are assigning or reviewing
10the child’s case.
11e. An agency, association, facility, or institution which
12has custody of the child, or is legally responsible for the
13care, treatment, or supervision of the child, including but not
14limited to the department of human services.
15 Sec. 634. Section 232.158A, subsection 1, unnumbered
16paragraph 1, Code 2023, is amended to read as follows:
17Notwithstanding any provision of the interstate compact
18on the placement of children under section 232.158 to the
19contrary, the department of human services shall permit the
20legal risk placement of a child under the interstate compact on
21the placement of children if the prospective adoptive parent
22provides a legal risk statement, in writing, acknowledging all
23of the following:
24 Sec. 635. Section 232.158A, subsection 1, paragraph d, Code
252023, is amended to read as follows:
26d. That the prospective adoptive parent assumes full legal,
27financial, and other risks associated with the legal risk
28placement and that the prospective adoptive parent agrees
29to hold the department of human services harmless for any
30disruption or failure of the placement.
31 Sec. 636. Section 232.160, Code 2023, is amended to read as
32follows:
33232.160 Department of health and human services as public
34authority.
35The “appropriate public authorities” as used in article III
-401-1of the interstate compact on the placement of children under
2section 232.158 shall, with reference to this state, mean the
3state department of health and human services and said the
4 department shall receive and act with reference to notices
5required by article III of that interstate compact.
6 Sec. 637. Section 232.161, Code 2023, is amended to read as
7follows:
8232.161 Department as authority in receiving state.
9As used in paragraph “a” of article V of the interstate
10compact on the placement of children under section 232.158,
11the phrase “appropriate authority in the receiving state” with
12reference to this state shall mean means the state department
13of health and human services.
14 Sec. 638. Section 232.162, Code 2023, is amended to read as
15follows:
16232.162 Authority to enter agreements.
17The officers and agencies of this state and its subdivisions
18having authority to place children may enter into agreements
19with appropriate officers or agencies of or in other party
20states pursuant to paragraph “b” of article V of the interstate
21compact on the placement of children under section 232.158.
22Any such agreement which contains a financial commitment or
23imposes a financial obligation on this state or a subdivision
24or agency of this state shall not be binding unless it has the
25approval in writing of the administrator of child and family
26services director or the director’s designee in the case of the
27state and the county general assistance director in the case
28of a subdivision of the state.
29 Sec. 639. Section 232.168, Code 2023, is amended to read as
30follows:
31232.168 Attorney general to enforce.
32The attorney general may, on the attorney general’s own
33initiative, institute any criminal and civil actions and
34proceedings under this subchapter, at whatever stage of
35placement necessary, to enforce the interstate compact on
-402-1the placement of children, including, but not limited to,
2seeking enforcement of the provisions of the compact through
3the courts of a party state. The department of human services
4 shall cooperate with the attorney general and shall refer any
5placement or proposed placement to the attorney general which
6may require enforcement measures.
7 Sec. 640. Section 232.171, subsection 4, Code 2023, is
8amended to read as follows:
94. Article IV — Return of runaways.
10a. (1) That the parent, guardian, or person or agency
11entitled to legal custody of a juvenile who has not been
12adjudged delinquent but who has run away without the consent
13of such parent, guardian, or person or agency may petition
14the appropriate court in the demanding state for the issuance
15of a requisition for the juvenile’s return. The petition
16shall state the name and age of the juvenile, the name of the
17petitioner and the basis of entitlement to the juvenile’s
18custody, the circumstances of the juvenile’s running away,
19the juvenile’s location if known at the time application
20is made, and such other facts as may tend to show that the
21juvenile who has run away is endangering the juvenile’s own
22welfare or the welfare of others and is not an emancipated
23minor. The petition shall be verified by affidavit, shall
24be executed in duplicate, and shall be accompanied by two
25certified copies of the document or documents on which the
26petitioner’s entitlement to the juvenile’s custody is based,
27such as birth certificates, letters of guardianship, or custody
28decrees. Such further affidavits and other documents as may
29be deemed proper may be submitted with such petition. The
30judge of the court to which this application is made may hold a
31hearing thereon to determine whether for the purposes of this
32compact the petitioner is entitled to the legal custody of the
33juvenile, whether or not it appears that the juvenile has in
34fact run away without consent, whether or not the juvenile is
35an emancipated minor, and whether or not it is in the best
-403-1interest of the juvenile to compel the juvenile’s return to
2the state. If the judge determines, either with or without a
3hearing, that the juvenile should be returned, the judge shall
4present to the appropriate court or to the executive authority
5of the state where the juvenile is alleged to be located a
6written requisition for the return of such juvenile. Such
7requisition shall set forth the name and age of the juvenile,
8the determination of the court that the juvenile has run away
9without the consent of a parent, guardian, or person or agency
10entitled to the juvenile’s legal custody, and that it is in
11the best interest and for the protection of such juvenile that
12the juvenile be returned. In the event that a proceeding for
13the adjudication of the juvenile as a delinquent, neglected or
14dependent juvenile is pending in the court at the time when
15such juvenile runs away, the court may issue a requisition for
16the return of such juvenile upon its own motion, regardless
17of the consent of the parent, guardian, or person or agency
18entitled to legal custody, reciting therein the nature and
19circumstances of the pending proceeding. The requisition shall
20in every case be executed in duplicate and shall be signed by
21the judge. One copy of the requisition shall be filed with the
22compact administrator of the demanding state, there to remain
23on file subject to the provisions of law governing records
24of such court. Upon the receipt of a requisition demanding
25the return of a juvenile who has run away, the court or the
26executive authority to whom the requisition is addressed shall
27issue an order to any peace officer or other appropriate person
28directing the officer or person to take into custody and detain
29such juvenile. Such detention order must substantially recite
30the facts necessary to the validity of its issuance hereunder.
31No juvenile detained upon such order shall be delivered over
32to the officer whom the court demanding the juvenile shall
33have appointed to receive the juvenile, unless the juvenile
34shall first be taken forthwith before a judge of a court in the
35state, who shall inform the juvenile of the demand made for
-404-1the juvenile’s return, and who may appoint counsel or guardian
2ad litem for the juvenile. If the judge of such court shall
3find that the requisition is in order, the judge shall deliver
4such juvenile over to the officer whom the court demanding the
5juvenile shall have appointed to receive the juvenile. The
6judge, however, may fix a reasonable time to be allowed for the
7purpose of testing the legality of the proceeding.
8(2) Upon reasonable information that a person is a juvenile
9who has run away from another state party to this compact
10without the consent of a parent, guardian, or person or agency
11entitled to the juvenile’s legal custody, such juvenile may be
12taken into custody without a requisition and brought forthwith
13before a judge of the appropriate court who may appoint counsel
14or guardian ad litem for such juvenile and who shall determine
15after a hearing whether sufficient cause exists to hold the
16person, subject to the order of the court, for the person’s own
17protection and welfare, for such a time not exceeding ninety
18days as will enable the person’s return to another state party
19to this compact pursuant to a requisition for the person’s
20return from a court of that state. If, at the time when a
21state seeks the return of a juvenile who has run away, there is
22pending in the state wherein the juvenile is found any criminal
23charge, or any proceeding to have the juvenile adjudicated a
24delinquent juvenile for an act committed in such state, or
25if the juvenile is suspected of having committed within such
26state a criminal offense or an act of juvenile delinquency,
27the juvenile shall not be returned without the consent of
28such state until discharged from prosecution or other form of
29proceeding, imprisonment, detention or supervision for such
30offense or juvenile delinquency. The duly accredited officers
31of any state party to this compact, upon the establishment
32of their authority and the identity of the juvenile being
33returned, shall be permitted to transport such juvenile through
34any and all states party to this compact, without interference.
35Upon the juvenile’s return to the state from which the juvenile
-405-1ran away, the juvenile shall be subject to such further
2proceedings as may be appropriate under the laws of that state.
3b. That the state to which a juvenile is returned under this
4article shall be responsible for payment of the transportation
5costs of such return.
6c. That “juvenile” as used in this article means any person
7who is a minor under the law of the state of residence of the
8parent, guardian, or person or agency entitled to the legal
9custody of such minor.
10 Sec. 641. Section 232.171, subsection 7, paragraph a, Code
112023, is amended to read as follows:
12a. That the duly constituted judicial and administrative
13authorities of a state party to this compact, herein called
14“sending state”, may permit any delinquent juvenile within
15such state, placed on probation or parole, to reside in any
16other state party to this compact, herein called “receiving
17state”, while on probation or parole, and the receiving
18state shall accept such delinquent juvenile, if the parent,
19guardian, or person entitled to the legal custody of such
20delinquent juvenile is residing or undertakes to reside
21within the receiving state. Before granting such permission,
22opportunity shall be given to the receiving state to make such
23investigations as it deems necessary. The authorities of the
24sending state shall send to the authorities of the receiving
25state copies of pertinent court orders, social case studies
26and all other available information which may be of value to
27and assist the receiving state in supervising a probationer
28or parolee under this compact. A receiving state, in its
29discretion, may agree to accept supervision of a probationer or
30parolee in cases where the parent, guardian, or person entitled
31to the legal custody of the delinquent juvenile is not a
32resident of the receiving state, and if so accepted the sending
33state may transfer supervision accordingly.
34 Sec. 642. Section 232.171, subsection 10, paragraph f, Code
352023, is amended to read as follows:
-406- 1f. Provide that the consent of the parent, guardian, or
2 person or agency entitled to the legal custody of said the
3 delinquent juvenile shall be secured prior to the juvenile
4being sent to another state; and
5 Sec. 643. Section 232.188, Code 2023, is amended to read as
6follows:
7232.188 Decategorization of child welfare and juvenile
8justice funding initiative.
91. Definitions. For the purposes of this section, unless
10the context otherwise requires:
11a. “Decategorization governance board” or “governance
12board” means the group that enters into and implements a
13decategorization project agreement.
14b. “Decategorization project” means the county or counties
15that have entered into a decategorization agreement to
16implement the decategorization initiative in the county or
17multicounty area covered by the agreement.
18c. “Decategorization services funding pool” or “funding pool”
19means the funding designated for a decategorization project
20from all sources.
212. Purpose. The decategorization of the child welfare and
22juvenile justice funding initiative is intended to establish
23a system of delivering human services based upon client needs
24to replace a system based upon a multitude of categorical
25programs and funding sources, each with different service
26definitions and eligibility requirements. The purposes of
27the decategorization initiative include but are not limited
28to redirecting child welfare and juvenile justice funding
29to services which are more preventive, family-centered,
30and community-based in order to reduce use of restrictive
31approaches which rely upon institutional, out-of-home, and
32out-of-community services.
333. Implementation.
34a. Implementation of the initiative shall be through
35creation of decategorization projects. A project shall consist
-407-1of either a single county or a group of counties interested
2in jointly implementing the initiative. Representatives of
3the department, juvenile court services, and county government
4shall develop a project agreement to implement the initiative
5within a project.
6b. The initiative shall include community planning
7activities in the area covered by a project. As part of
8the community planning activities, the department shall
9partner with other community stakeholders to develop service
10alternatives that provide less restrictive levels of care for
11children and families receiving services from the child welfare
12and juvenile justice systems within the project area.
13c. The decategorization initiative shall not be implemented
14in a manner that limits the legal rights of children and
15families to receive services.
164. Governance board.
17a. In partnership with an interested county or group of
18counties which has demonstrated the commitment and involvement
19of the affected county department, or departments, of human
20services, the juvenile justice system within the project
21area, and board, or boards, of supervisors in order to form
22a decategorization project, the department shall develop
23a process for combining specific state and state-federal
24funding categories into a decategorization services funding
25pool for that project. A decategorization project shall be
26implemented by a decategorization governance board. The
27decategorization governance board shall develop specific,
28quantifiable short-term and long-term plans for enhancing the
29family-centered and community-based services and reducing
30reliance upon out-of-community care in the project area.
31b. The department shall work with the decategorization
32governance boards to best coordinate planning activities and
33most effectively target funding resources. A departmental
34service area manager The department shall work with the
35decategorization governance boards in that service area to
-408-1support board planning and service development activities and
2to promote the most effective alignment of resources.
3c. A decategorization governance board shall coordinate
4the project’s planning and budgeting activities with the
5departmental service area manager department’s designee for the
6county or counties comprising the project area and the early
7childhood Iowa area board or boards for the early childhood
8Iowa area or areas within which the decategorization project
9is located.
105. Funding pool.
11a. The governance board for a decategorization project has
12authority over the project’s decategorization services funding
13pool and shall manage the pool to provide more flexible,
14individualized, family-centered, preventive, community-based,
15comprehensive, and coordinated service systems for children and
16families served in that project area. A funding pool shall
17also be used for child welfare and juvenile justice systems
18enhancements.
19b. Notwithstanding section 8.33, moneys designated for a
20project’s decategorization services funding pool that remain
21unencumbered or unobligated at the close of the fiscal year
22shall not revert but shall remain available for expenditure as
23directed by the project’s governance board for child welfare
24and juvenile justice systems enhancements and other purposes
25of the project for the next three succeeding fiscal years.
26Such moneys shall be known as “carryover funding”. Moneys may
27be made available to a funding pool from one or more of the
28following sources:
29(1) Funds designated for the initiative in a state
30appropriation.
31(2) Child welfare and juvenile justice services funds
32designated for the initiative by a departmental service area
33manager the department.
34(3) Juvenile justice program funds designated for the
35initiative by a chief juvenile court officer.
-409- 1(4) Carryover funding.
2(5) Any other source designating moneys for the funding
3pool.
4c. The services and activities funded from a project’s
5funding pool may vary depending upon the strategies selected
6by the project’s governance board and shall be detailed in an
7annual child welfare and juvenile justice decategorization
8services plan developed by the governance board. A
9decategorization governance board shall involve community
10representatives and county organizations in the development of
11the plan for that project’s funding pool. In addition, the
12governance board shall coordinate efforts through communication
13with the appropriate departmental service area manager
14 department regarding budget planning and decategorization
15service decisions.
16d. A decategorization governance board is responsible for
17ensuring that decategorization services expenditures from that
18project’s funding pool do not exceed the amount of funding
19available. If necessary, the governance board shall reduce
20expenditures or discontinue specific services as necessary to
21manage within the funding pool resources available for a fiscal
22year.
23e. The annual child welfare and juvenile justice
24decategorization services plan developed for use of the funding
25pool by a decategorization governance board shall be submitted
26to the department administrator of child welfare services
27 and the early childhood Iowa state board. In addition, the
28decategorization governance board shall submit an annual
29progress report to the department administrator and the early
30childhood Iowa state board which summarizes the progress made
31toward attaining the objectives contained in the plan. The
32progress report shall serve as an opportunity for information
33sharing and feedback.
346. Departmental role. A The departmental service area’s
35 share of the child welfare appropriation that is not allocated
-410-1by law for the decategorization initiative shall be managed
2by and is under the authority of the service area manager
3 department. A service area manager The department is
4responsible for meeting the child welfare service needs in the
5counties comprising the service area with the available funding
6resources.
7 Sec. 644. Section 232.189, unnumbered paragraph 1, Code
82023, is amended to read as follows:
9Based upon a model reasonable efforts family court
10initiative, the director of human services and the chief
11justice of the supreme court or their designees shall jointly
12establish and implement a statewide protocol for reasonable
13efforts, as defined in section 232.102. In addition, the
14director and the chief justice shall design and implement
15a system for judicial and departmental reasonable efforts
16education for deployment throughout the state. The system for
17reasonable efforts education shall be developed in a manner
18which addresses the particular needs of rural areas and shall
19include but is not limited to all of the following topics:
20 Sec. 645. Section 232B.3, Code 2023, is amended by adding
21the following new subsections:
22 NEW SUBSECTION. 3A. “Department” means the department of
23health and human services.
24 NEW SUBSECTION. 3B. “Director” means the director of health
25and human services.
26 Sec. 646. Section 232B.9, subsections 8 and 9, Code 2023,
27are amended to read as follows:
288. A record of each foster care placement, emergency
29removal, preadoptive placement, or adoptive placement of an
30Indian child, under the laws of this state, shall be maintained
31in perpetuity by the department of human services in accordance
32with section 232B.13. The record shall document the active
33efforts to comply with the applicable order of preference
34specified in this section.
359. The state of Iowa recognizes the authority of Indian
-411-1tribes to license foster homes and to license agencies to
2receive children for control, care, and maintenance outside
3of the children’s own homes, or to place, receive, arrange
4the placement of, or assist in the placement of children for
5foster care or adoption. The department of human services and
6child-placing agencies licensed under chapter 238 may place
7children in foster homes and facilities licensed by an Indian
8tribe.
9 Sec. 647. Section 232B.11, subsections 1 and 2, Code 2023,
10are amended to read as follows:
111. The director of human services or the director’s designee
12shall make a good faith effort to enter into agreements
13with Indian tribes regarding jurisdiction over child custody
14proceedings and the care and custody of Indian children whose
15tribes have land within Iowa, including but not limited to
16the Sac and Fox tribe, the Omaha tribe, the Ponca tribe, and
17the Winnebago tribe, and whose tribes have an Indian child
18who resides in the state of Iowa. An agreement shall seek to
19promote the continued existence and integrity of the Indian
20tribe as a political entity and the vital interest of Indian
21children in securing and maintaining a political, cultural,
22and social relationship with their tribes. An agreement
23shall assure that tribal services and Indian organizations
24or agencies are used to the greatest extent practicable in
25planning and implementing any action pursuant to the agreement
26concerning the care and custody of Indian children. If tribal
27services are not available, an agreement shall assure that
28community services and resources developed specifically for
29Indian families will be used.
302. If an agreement entered into between the tribe and the
31department of human services pertaining to the funding of
32foster care placements for Indian children conflicts with any
33federal or state law, the state in a timely, good faith manner
34shall agree to amend the agreement in a way that prevents any
35interruption of services to eligible Indian children.
-412-1 Sec. 648. Section 232B.12, Code 2023, is amended to read as
2follows:
3232B.12 Payment of foster care expenses.
41. If the department of human services has legal custody
5of an Indian child and that child is placed in foster care
6according to the placement preferences under section 232B.9
7the state shall pay, subject to any applicable federal funding
8limitations and requirements, the cost of the foster care in
9the manner and to the same extent the state pays for foster
10care of non-Indian children, including the administrative and
11training costs associated with the placement. In addition,
12the state shall pay the other costs related to the foster care
13placement of an Indian child as may be provided for in an
14agreement entered into between a tribe and the state.
152. The department of human services may, subject to any
16applicable federal funding limitations and requirements and
17within funds appropriated for foster care services, purchase
18care for Indian children who are in the custody of a federally
19recognized Indian tribe or tribally licensed child-placing
20agency pursuant to parental consent, tribal court order, or
21state court order; and the purchase of the care is subject to
22the same eligibility standards and rates of support applicable
23to other children for whom the department purchases care.
24 Sec. 649. Section 232B.13, subsections 1, 3, 4, and 5, Code
252023, are amended to read as follows:
261. The department of human services shall establish an
27automated database where a permanent record shall be maintained
28of every involuntary or voluntary foster care, preadoptive
29placement, or adoptive placement of an Indian child that is
30ordered by a court of this state and in which the department
31was involved. The automated record shall document the active
32efforts made to comply with the order of placement preference
33specified in section 232B.9. An Indian child’s placement
34record shall be maintained in perpetuity by the department
35of human services and shall include but is not limited to
-413-1the name, birthdate, and gender of the Indian child, and the
2location of the local department office that maintains the
3original file and documents containing the information listed
4in subsection 2.
53. If a court orders the foster care, preadoptive placement,
6or adoptive placement of an Indian child, the court and any
7state-licensed child-placing agency involved in the placement
8shall provide the department of human services with the records
9described in subsections 1 and 2.
104. A record maintained pursuant to this section by the
11department of human services, a county department of human
12services, state-licensed child-placing agency, private
13attorney, or medical facility shall be made available within
14seven days of a request for the record by the Indian child’s
15tribe or the secretary of the interior.
165. Upon the request of an Indian individual who is eighteen
17years of age or older, or upon the request of an Indian
18child’s parent, Indian custodian, attorney, guardian ad litem,
19guardian, legal custodian, or caseworker of the Indian child,
20the department of human services, a county department of
21human services, state-licensed child-placing agency, private
22attorney, or medical facility shall provide access to the
23records pertaining to the Indian individual or child maintained
24pursuant to this section. The records shall also be made
25available upon the request of the descendants of the Indian
26individual or child. A record shall be made available within
27seven days of a request for the record by any person authorized
28by this subsection to make the request.
29 Sec. 650. Section 232B.14, subsection 1, Code 2023, is
30amended to read as follows:
311. The department of human services, in consultation
32with Indian tribes, shall establish standards and procedures
33for the department’s review of cases subject to this chapter
34and methods for monitoring the department’s compliance with
35provisions of the federal Indian Child Welfare Act and this
-414-1chapter. These standards and procedures and the monitoring
2methods shall be integrated into the department’s structure
3and plan for the federal government’s child and family service
4review process and any program improvement plan resulting from
5that process.
6 Sec. 651. Section 232C.2, subsection 1, Code 2023, is
7amended to read as follows:
81. Prior to an emancipation hearing held pursuant to
9section 232C.1, the court, on its own motion, may stay the
10proceedings, and refer the parties to mediation or request
11that the department of health and human services investigate
12any allegations of child abuse or neglect contained in the
13petition, and order that a written report be prepared and filed
14by the department.
15 Sec. 652. Section 232C.4, subsection 6, Code 2023, is
16amended to read as follows:
176. A parent who is absolved of child support obligations
18pursuant to an emancipation order shall notify the child
19support recovery unit services of the department of health and
20 human services of the emancipation.
21 Sec. 653. Section 232D.204, subsection 4, Code 2023, is
22amended to read as follows:
234. A proceeding under this section shall not create a new
24eligibility category for the department of health and human
25services protective services.
26 Sec. 654. Section 232D.307, subsection 3, Code 2023, is
27amended to read as follows:
283. The judicial branch in conjunction with the department
29of public safety, the department of health and human services,
30and the state chief information officer shall establish
31procedures for electronic access to the single contact
32repository necessary to conduct background checks requested
33under subsection 1.
34 Sec. 655. Section 233.2, subsection 2, paragraphs c and d,
35Code 2023, are amended to read as follows:
-415- 1c. If the physical custody of the newborn infant is
2relinquished at an institutional health facility, the state
3shall reimburse the institutional health facility for the
4institutional health facility’s actual expenses in providing
5care to the newborn infant and in performing acts necessary to
6protect the physical health or safety of the newborn infant.
7The reimbursement shall be paid from moneys appropriated for
8this purpose to the department of health and human services.
9d. If the name of the parent is unknown to the institutional
10health facility, the individual on duty or other person
11designated by the institutional health facility at which
12physical custody of the newborn infant was relinquished shall
13submit the certificate of birth report as required pursuant to
14section 144.14. If the name of the parent is disclosed to the
15institutional health facility, the facility shall submit the
16certificate of birth report as required pursuant to section
17144.13. The department of public health and human services
18 shall not file the certificate of birth with the county of
19birth and shall otherwise maintain the confidentiality of the
20birth certificate in accordance with section 144.43.
21 Sec. 656. Section 233.2, subsection 3, Code 2023, is amended
22to read as follows:
233. As soon as possible after the individual on duty or first
24responder assumes physical custody of a newborn infant released
25under subsection 1, the individual or first responder shall
26notify the department of health and human services and the
27department shall take the actions necessary to assume the care,
28control, and custody of the newborn infant. The department
29shall immediately notify the juvenile court and the county
30attorney of the department’s action and the circumstances
31surrounding the action and request an ex parte order from the
32juvenile court ordering, in accordance with the requirements of
33section 232.78, the department to take custody of the newborn
34infant. Upon receiving the order, the department shall take
35custody of the newborn infant. Within twenty-four hours of
-416-1taking custody of the newborn infant, the department shall
2notify the juvenile court and the county attorney in writing
3of the department’s action and the circumstances surrounding
4the action.
5 Sec. 657. Section 233.6, unnumbered paragraph 1, Code 2023,
6is amended to read as follows:
7The department of health and human services, in consultation
8with the Iowa department of public health and the department of
9justice, shall develop and distribute the following:
10 Sec. 658. Section 233A.1, Code 2023, is amended to read as
11follows:
12233A.1 State training school — Eldora.
131. Effective January 1, 1992, a diagnosis and evaluation
14center and other units are established at the state training
15school to provide court-committed male juvenile delinquents a
16program which focuses upon appropriate developmental skills,
17treatment, placements, and rehabilitation.
182. The diagnosis and evaluation center which is used to
19identify appropriate treatment and placement alternatives for
20juveniles and any other units for juvenile delinquents which
21are located at Eldora shall be known as the “state training
22school”.
233. For the purposes of this chapter “director”:
24a. “Department” means the department of health and human
25services.
26b. “Director”means the director of health and human
27services and “superintendent”.
28c. “State training school” means the diagnosis and
29evaluation center which is used to identify appropriate
30treatment and placement alternatives for juveniles and any
31other units for juvenile delinquents which are located at
32Eldora.
33d. “Superintendent”means the administrator in charge of the
34diagnosis and evaluation center for juvenile delinquents and
35other units at the state training school.
-417- 13. 4. The number of children present at any one time at
2the state training school shall not exceed the population
3guidelines established under 1990 Iowa Acts, ch.1239, §21, as
4adjusted for subsequent changes in the capacity at the training
5school.
6 Sec. 659. Section 233A.3, Code 2023, is amended to read as
7follows:
8233A.3 Salary.
9The salary of the superintendent of the state training
10school shall be determined by the administrator director.
11 Sec. 660. Section 233A.6, Code 2023, is amended to read as
12follows:
13233A.6 Visits.
14Members of the executive council, the attorney general,
15the lieutenant governor, members of the general assembly,
16judges of the supreme and district court and court of appeals,
17magistrates, county attorneys, and persons ordained or
18designated as regular leaders of a religious community are
19authorized to may visit the state training school at reasonable
20times. No other person shall be granted admission except by
21permission of the superintendent.
22 Sec. 661. Section 233A.7, Code 2023, is amended to read as
23follows:
24233A.7 Placing in families.
25All children committed to and received in the state training
26school may be placed by the department under foster care
27arrangements, with any persons or in families of good standing
28and character where they the children will be properly cared
29for and educated. The cost of foster care provided under these
30arrangements shall be paid as provided in section 234.35.
31 Sec. 662. Section 233A.8, Code 2023, is amended to read as
32follows:
33233A.8 Articles of agreement.
34Such children shall be so A child placed in foster care as
35provided in section 233A.7 shall be placed under articles of
-418-1agreement, approved by the administrator director and signed
2by the person or persons taking them providing foster care and
3by the superintendent. Said The articles of agreement shall
4provide for the custody, care, education, maintenance, and
5earnings of said children the child for a time to be fixed
6 specified in said the articles, which shall not extend beyond
7the time when the persons bound shall attain the child attains
8 age of eighteen years of age.
9 Sec. 663. Section 233A.9, Code 2023, is amended to read as
10follows:
11233A.9 Resuming custody of child.
12In case If a child so placed be in foster care as provided
13in section 233A.7 is not given the care, education, treatment,
14and maintenance required by such the articles of agreement, the
15administrator director may cause the child to be taken from
16the person with whom placed and returned return the child to
17the institution state training school, or may replace place
18the child in a different foster care placement, or release, or
19finally discharge the child as may seem best.
20 Sec. 664. Section 233A.10, Code 2023, is amended to read as
21follows:
22233A.10 Unlawful interference.
23It shall be unlawful for any parent or other person not
24a party to such the placing of a child in foster care to
25interfere in any manner or assume or exercise any control over
26such the child or the child’s earnings. Said The child’s
27 earnings shall be used, held, or otherwise applied for the
28exclusive benefit of such the child, in accordance with section
29234.37.
30 Sec. 665. Section 233A.11, Code 2023, is amended to read as
31follows:
32233A.11 County attorney to appear for child.
33In case legal proceedings are necessary to enforce any
34right conferred on any child by sections 233A.7 through
35233A.10, the county attorney of the county in which such
-419-1proceedings should be instituted shall, on the request of the
2superintendent, approved by subject to the approval of the
3administrator director, institute and carry on, in the name of
4the superintendent, out the proceedings in on behalf of the
5superintendent.
6 Sec. 666. Section 233A.12, Code 2023, is amended to read as
7follows:
8233A.12 Discharge or parole.
9The administrator director may at any time after one year’s
10service order the discharge or parole of any inmate as a reward
11for good conduct, and may, in exceptional cases, discharge or
12parole inmates without regard to the length of their service
13or conduct, when satisfied that the reasons therefor for the
14discharge or parole are urgent and sufficient. If paroled upon
15satisfactory evidence of reformation, the order may remain in
16effect or terminate under such rules as the administrator may
17prescribe prescribed by the director.
18 Sec. 667. Section 233A.13, Code 2023, is amended to read as
19follows:
20233A.13 Binding out or discharge Discharge.
21The binding out or the discharge of an inmate as reformed, or
22having arrived at the age of eighteen years of age, shall be a
23complete release from all penalties incurred by the conviction
24for the offense upon which the child was committed to the
25school.
26 Sec. 668. Section 233A.14, Code 2023, is amended to read as
27follows:
28233A.14 Transfers to other institutions.
29The administrator director may transfer minor wards of
30the state to the state training school minor wards of the
31state from any institution under the administrator’s charge
32 director’s control, but no a person shall not be so transferred
33who is mentally ill or has a mental illness or an intellectual
34disability. Any child in the state training school who is
35mentally ill has a mental illness or has an intellectual
-420-1disability may be transferred by the administrator director to
2the proper state institution.
3 Sec. 669. Section 233A.15, Code 2023, is amended to read as
4follows:
5233A.15 Transfers to work in parks.
61. The administrator director may detail assign children,
7classed as from the state training school deemed trustworthy,
8from the state training school, to perform services for the
9department of natural resources within the state parks, state
10game and forest areas, and other lands under the jurisdiction
11of the department of natural resources. The department of
12natural resources shall provide permanent housing and work
13guidance supervision, but the care and custody of the children
14so detailed assigned shall remain under employees of the
15division of child and family services of with the department of
16human services. All such programs shall have as their primary
17purpose and shall provide for inculcation or the activation of
18attitudes, skills, and habit patterns which will be conducive
19to the habilitation of the youths children involved.
202. The administrator is hereby authorized to director
21may use state-owned mobile housing equipment and facilities
22in performing services at temporary locations in the areas
23described in subsection 1.
24 Sec. 670. Section 234.1, Code 2023, is amended to read as
25follows:
26234.1 Definitions.
27As used in this chapter, unless the context otherwise
28requires:
291. “Administrator” means the administrator of the division.
302. 1. “Child” means either a person less than eighteen
31years of age or a person eighteen, nineteen, or twenty years of
32age who meets all of the following conditions:
33a. The person was placed by court order issued pursuant
34to chapter 232 in foster care or in an institution listed in
35section 218.1 and either of the following situations apply to
-421-1the person:
2(1) After reaching eighteen years of age, the person
3has remained continuously and voluntarily under the care
4of an individual, as defined in section 237.1, licensed to
5provide foster care pursuant to chapter 237 or in a supervised
6apartment living arrangement, in this state.
7(2) The person aged out of foster care after reaching
8eighteen years of age and subsequently voluntarily applied for
9placement with an individual, as defined in section 237.1,
10licensed to provide foster care pursuant to chapter 237 or for
11placement in a supervised apartment living arrangement, in this
12state.
13b. The person has demonstrated a willingness to participate
14in case planning and to complete the responsibilities
15prescribed in the person’s case permanency plan.
16c. The department has made an application for the person
17for adult services upon a determination that it is likely the
18person will need or be eligible for services or other support
19from the adult services system.
203. “Division” or “state division” means that division of the
21department of human services to which the director has assigned
22responsibility for income and service programs.
234. “Food assistance program” means the benefits provided
24through the United States department of agriculture program
25administered by the department of human services in accordance
26with 7 C.F.R. pts.270 – 283.
272. “Council” means the council on health and human services.
283. “Department” means the department of health and human
29services.
304. “Director” means the director of health and human
31services.
325. “Food programs” means the food stamp supplemental
33nutrition assistance program and donated foods programs
34authorized by federal law under the United States department
35of agriculture.
-422- 16. “Supplemental nutrition assistance program” or “SNAP”
2 means benefits provided by the federal program administered
3through 7 C.F.R.pts.270 – 280, as amended.
4 Sec. 671. Section 234.4, Code 2023, is amended to read as
5follows:
6234.4 Education of children in departmental programs.
7If the department of human services has custody or has other
8responsibility for a child based upon the child’s involvement
9in a departmental program involving foster care, preadoption or
10adoption, or subsidized guardianship placement and the child
11is subject to the compulsory attendance law under chapter 299,
12the department shall fulfill the responsibilities outlined in
13section 299.1 and other responsibilities under federal and
14state law regarding the child’s school attendance. As part
15of fulfilling the responsibilities described in this section,
16if the department has custody or other responsibility for
17placement and care of a child and the child transfers to a
18different school during or immediately preceding the period of
19custody or other responsibility, within the first six weeks of
20the transfer date the department shall assess the student’s
21degree of success in adjusting to the different school.
22 Sec. 672. Section 234.6, Code 2023, is amended to read as
23follows:
24234.6 Powers and duties of the administrator director.
251. The administrator shall be vested with the authority
26to director shall administer the family investment program,
27state supplementary assistance, food programs, child welfare,
28and emergency relief, family and adult service programs, and
29any other form of public welfare assistance and institutions
30that are placed under the administrator’s director’s
31 administration. The administrator director shall perform
32duties, shall formulate and adopt rules as may be necessary,
33and shall outline policies, dictate procedure, and delegate
34such powers as may be necessary for competent and efficient
35administration. Subject to restrictions that may be imposed
-423-1by the director of human services and the council on human
2services, the administrator director may abolish, alter,
3consolidate, or establish subdivisions subunits and may abolish
4or change offices previously created existing subunits. The
5administrator director may employ necessary personnel and
6fix determine their compensation; may allocate or reallocate
7functions and duties among any subdivisions now existing or
8later established subunits; and may adopt rules relating to the
9employment of personnel and the allocation of their functions
10and duties among the various subdivisions subunits as required
11for competent and efficient administration may require. The
12administrator director shall do all of the following:
13a. Cooperate with the social security administration created
14by the Social Security Act and codified at 42 U.S.C. §901,
15or other agency of the federal government for public welfare
16 assistance, in such reasonable manner as may be necessary to
17qualify for federal aid, including the making of such reports
18in such form and containing such information as the social
19security administration, from time to time, may require,
20and to comply with such regulations as such social security
21administration, from time to time, may find necessary to assure
22the correctness and verification of such reports.
23b. Furnish information to acquaint the public generally
24with the operation of the federal Acts under the director’s
25 jurisdiction of the administrator.
26c. With the approval of the director of human services,
27the governor, the director of the department of management,
28and the director of the department of administrative services,
29set up establish an administrative fund from the funds under
30the administrator’s director’s control and management an
31administrative fund and from the administrative fund pay the
32expenses of operating the division department’s duties under
33this chapter.
34d. Notwithstanding any provisions to the contrary in chapter
35239B relating to the consideration of income and resources
-424-1of claimants for assistance, the administrator, and with the
2consent and approval of the director of human services and
3the council on human services, shall make such adopt rules as
4may be necessary to qualify for federal aid in the assistance
5programs administered by the administrator director.
6e. Have authority to use Use funds available to the
7department, subject to any limitations placed on the use
8thereof of the funds by the legislation appropriating the
9funds, to provide to or purchase, for eligible families and
10individuals eligible therefor, services including but not
11limited to the following:
12(1) Child care for children or adult day services, in
13facilities which are licensed or are approved as meeting
14standards for licensure.
15(2) Foster care, including foster family care, group homes,
16and institutions.
17(3) Family-centered services, as defined in section
18232.102A, subsection 1, paragraph “b”.
19(4) Family planning.
20(5) Protective services.
21(6) Services or support provided to a child with an
22intellectual disability or other developmental disability or
23to the child’s family.
24(7) Transportation services.
25(8) Any services, not otherwise enumerated in this
26paragraph “e”, authorized by or pursuant to the United States
27Social Security Act of 1934, as amended.
28f. Administer the food programs authorized by federal law,
29and recommend rules necessary in the administration of those
30programs to the director for adoption pursuant to chapter 17A.
31g. Provide consulting and technical services to the director
32of the department of education, or the director’s designee,
33upon request, relating to prekindergarten, kindergarten, and
34before and after school programming and facilities.
35h. Recommend rules for their adoption by the council on
-425-1human services for before and after school child care programs,
2conducted within and by or contracted for by school districts,
3that are appropriate for the ages of the children who receive
4services under the programs.
52. The department of human services shall have the power
6and authority to may use the funds available to it, to purchase
7services of all kinds from public or private agencies to
8provide for the needs of children, including but not limited to
9psychiatric services, supervision, specialized group, foster
10homes, and institutional care.
113. In determining the reimbursement rate for services
12purchased by the department of human services from a person
13or agency, the department shall not include private moneys
14contributed to the person or agency unless the moneys are
15contributed for services provided to a specific individual.
16 Sec. 673. Section 234.7, Code 2023, is amended to read as
17follows:
18234.7 Department duties.
191. The department of human services shall comply with the
20provision associated with child foster care licensees under
21chapter 237 that requires that a child’s foster parent be
22included in, and be provided timely notice of, planning and
23review activities associated with the child, including but not
24limited to permanency planning and placement review meetings,
25which shall include discussion of the child’s rehabilitative
26treatment needs.
272. a. The department of human services shall submit a
28waiver request to the United States department of health and
29human services as necessary to provide coverage under the
30medical assistance program for children who are described by
31both of the following:
32(1) The child needs behavioral health care services and
33qualifies for the care level provided by a psychiatric medical
34institution for children licensed under chapter 135H.
35(2) The child is in need of treatment to cure or alleviate
-426-1serious mental illness or disorder, or emotional damage
2as evidenced by severe anxiety, depression, withdrawal, or
3untoward aggressive behavior toward self or others and whose
4parent, guardian, or custodian is unable to provide such
5treatment.
6b. The waiver request shall provide for appropriately
7addressing the needs of children described in paragraph “a” by
8implementing any of the following options: using a wraparound
9services approach, renegotiating the medical assistance program
10contract provisions for behavioral health services, or applying
11another approach for appropriately meeting the children’s
12needs.
13c. If federal approval of the waiver request is not
14received, the department shall submit options to the governor
15and general assembly to meet the needs of such children through
16a state-funded program.
17 Sec. 674. Section 234.8, Code 2023, is amended to read as
18follows:
19234.8 Fees for child welfare services.
20The department of human services may charge a fee for
21child welfare services to a person liable for the cost of the
22services. The fee shall not exceed the reasonable cost of the
23services. The fee shall be based upon the person’s ability
24to pay and consideration of the fee’s impact upon the liable
25person’s family and the goals identified in the case permanency
26plan. The department may assess the liable person for the fee
27and the means of recovery shall include a setoff against an
28amount owed by a state agency to the person assessed pursuant
29to section 8A.504. In addition the department may establish
30an administrative process to recover the assessment through
31automatic income withholding. The department shall adopt
32rules pursuant to chapter 17A to implement the provisions of
33this section. This section does not apply to court-ordered
34services provided to juveniles which are a charge upon the
35state pursuant to section 232.141 and services for which the
-427-1department has established a support obligation pursuant to
2section 234.39.
3 Sec. 675. Section 234.12, Code 2023, is amended to read as
4follows:
5234.12 Department to provide food programs.
61. The department of human services is authorized to
7 may enter into such agreements with agencies of the federal
8government as are necessary in order to make available to the
9people of this state any federal food programs which may, under
10federal laws and regulations, be implemented in this state.
11Each such program shall be implemented in every county in the
12state, or in each county where implementation is permitted by
13federal laws and regulations.
142. The provisions of the federal Personal Responsibility
15and Work Opportunity Reconciliation Act of 1996, Pub.L.
16No.104-193, §115, shall not apply to an applicant for or
17recipient of food stamp supplemental nutrition assistance
18program benefits in this state. However, the department of
19human services may apply contingent eligibility requirements as
20provided under state law and allowed under federal law.
213. Upon request by the department of human services,
22the department of inspections and appeals shall conduct
23investigations into possible fraudulent practices, as described
24in section 234.13, relating to food programs administered by
25the department of human services.
26 Sec. 676. Section 234.12A, Code 2023, is amended to read as
27follows:
28234.12A Electronic benefits transfer program.
291. The department of human services shall maintain an
30electronic benefits transfer program utilizing electronic funds
31transfer systems for the food supplemental nutrition assistance
32program. The electronic benefits transfer program implemented
33under this section shall not require a retailer to make cash
34disbursements or to provide, purchase, or upgrade electronic
35funds transfer system equipment as a condition of participation
-428-1in the program.
22. A point-of-sale terminal which is used only for purchases
3from a retailer by electronic benefits transfer utilizing
4electronic funds transfer systems is not a satellite terminal
5as defined in section 527.2.
63. For the purposes of this section, “retailer” means
7a business authorized by the United States department of
8agriculture to accept food supplemental nutrition assistance
9program benefits.
10 Sec. 677. Section 234.13, Code 2023, is amended to read as
11follows:
12234.13 Fraudulent practices relating to food programs.
13For the purposes of this section, unless the context
14otherwise requires, “benefit transfer instrument” means a
15food stamp supplemental nutrition assistance program coupon,
16authorization-to-purchase card, or electronic benefits transfer
17card. A person commits a fraudulent practice if that person
18does any of the following:
191. With intent to gain financial assistance to which that
20person is not entitled, knowingly makes or causes to be made a
21false statement or representation or knowingly fails to report
22to an employee of the department of human services any change
23in income, resources or other circumstances affecting that
24person’s entitlement to such financial assistance.
252. As a beneficiary of the food programs, transfers any
26food stamp supplemental nutrition assistance program benefit
27transfer instrument to any other individual with intent that
28the benefit transfer instrument be used for the benefit of
29someone other than persons within the beneficiary’s food
30stamp supplemental nutrition assistance program household as
31certified by the department of human services.
323. Knowingly acquires, uses or attempts to use any food
33stamp supplemental nutrition assistance program benefit
34transfer instrument which was not issued for the benefit of
35that person’s food stamp supplemental nutrition assistance
-429-1program household by the department of human services, or by an
2agency administering food programs in another state.
34. Acquires, alters, transfers, or redeems a food stamp
4 supplemental nutrition assistance benefit transfer instrument
5or possesses a benefit transfer instrument, knowing that the
6benefit transfer instrument has been received, transferred,
7or used in violation of this section or the provisions of the
8federal food stamp supplemental nutrition assistance program
9under 7 U.S.C. ch.51 or the federal regulations issued
10pursuant to that chapter.
11 Sec. 678. Section 234.14, Code 2023, is amended to read as
12follows:
13234.14 Federal grants.
14The state treasurer is hereby authorized to may receive such
15 federal funds as may be made available for carrying out any of
16the activities and functions of the state division department
17under this chapter, and all such funds are hereby appropriated
18for expenditure upon authorization of the administrator
19 director.
20 Sec. 679. Section 234.21, Code 2023, is amended to read as
21follows:
22234.21 Services to be offered.
23The state division department may offer, provide to,
24or purchase family planning and birth control services to
25 for every person who is an eligible applicant or recipient
26of service services or any financial assistance from the
27department of human services, or who is receiving federal
28supplementary security income as defined in section 249.1.
29 Sec. 680. Section 234.22, Code 2023, is amended to read as
30follows:
31234.22 Extent of services.
32Such The family planning and birth control services
33may include interview interviews with trained personnel;
34distribution of literature; referral to a licensed physician
35or physician assistant for consultation, examination, tests,
-430-1medical treatment, and prescription prescriptions; and, to
2the extent so prescribed, the distribution of rhythm charts,
3drugs, medical preparations, contraceptive devices, and similar
4products.
5 Sec. 681. Section 234.23, Code 2023, is amended to read as
6follows:
7234.23 Charge for services.
8In making provision for and offering such services, the
9state division department may charge those persons to whom
10family planning and birth control services are rendered a fee
11sufficient to reimburse the state division department all or
12any portion of the costs of the services rendered.
13 Sec. 682. Section 234.35, Code 2023, is amended to read as
14follows:
15234.35 When state to pay foster care costs.
161. The department of human services is responsible for
17paying the cost of foster care for a child, according to rates
18established pursuant to section 234.38, under any of the
19following circumstances:
20a. When a court has committed the child to the director of
21human services or the director’s designee.
22b. When a court has transferred legal custody of the child
23to the department of human services.
24c. When the department has agreed to provide foster care
25services for the child for a period of not more than ninety
26days on the basis of a signed placement agreement between the
27department and the child’s parent or guardian.
28d. When the child has been placed in emergency care for
29a period of not more than thirty days upon approval of the
30director or the director’s designee.
31e. When a court has entered an order transferring the legal
32custody of the child to a foster care placement pursuant to
33section 232.46, section 232.52, subsection 2, paragraph “d”, or
34section 232.102, subsection 1. However, payment shall not be
35made for a group foster care placement unless the group foster
-431-1care meets requirements as established by the department by
2rule.
3f. When the department has agreed to provide foster care
4services for a child who is eighteen years of age or older
5on the basis of a signed placement agreement between the
6department and the child or the person acting on behalf of the
7child.
8g. When the department has agreed to provide foster care
9services for the child on the basis of a signed placement
10agreement initiated before July 1, 1992, between the department
11and the child’s parent or guardian.
12h. When the child is placed in shelter care pursuant to
13section 232.20, subsection 1, or section 232.21.
142. Except as provided under section 234.38 for direct
15payment of foster parents, payment for foster care costs shall
16be limited to foster care providers with whom the department
17has a contract in force.
183. Payment for foster care services provided to a child
19who is eighteen years of age or older shall be limited to the
20following:
21a. Family foster care or supervised apartment living
22arrangements.
23b. For a child who is at imminent risk of becoming homeless
24or failing to graduate from high school or to obtain a general
25education development diploma, if the services are in the
26child’s best interest, funding is available for the services,
27and an appropriate alternative service is unavailable.
28 Sec. 683. Section 234.37, Code 2023, is amended to read as
29follows:
30234.37 Department may establish accounts for certain
31children.
32The department of human services is authorized to may
33 establish an account in the name of any child committed to
34the director of human services or the director’s designee, or
35whose legal custody has been transferred to the department, or
-432-1who is voluntarily placed in foster care pursuant to section
2234.35. Any money which the child receives from the United
3States government or any private source shall be placed in the
4child’s account, unless a guardian of the child’s property has
5been appointed and demands the money, in which case it shall
6be paid to the guardian. The account shall be maintained by
7the department as trustee for the child in an interest-bearing
8account at a reputable bank or savings association, except
9that if the child is residing at an institution administered
10by the department a limited amount of the child’s funds may be
11maintained in a separate account, which need not be interest
12bearing, in the child’s name at the institution. Any money
13held in an account in the child’s name or in trust for the
14child under this section may be used, at the discretion of the
15department and subject to restrictions lawfully imposed by the
16United States government or other source from which the child
17receives the funds, for the purchase of personal incidentals,
18desires and comforts of the child. All of the money held for
19a child by the department under this section and not used
20in the child’s behalf as authorized by law shall be promptly
21paid to the child or the child’s parent or legal guardian upon
22termination of the commitment of the child to the director or
23the director’s designee, or upon transfer or cessation of legal
24custody of the child by the department.
25 Sec. 684. Section 234.38, Code 2023, is amended to read as
26follows:
27234.38 Foster care reimbursement rates.
28The department of human services shall make reimbursement
29payments directly to foster parents for services provided to
30children pursuant to section 234.6, subsection 1, paragraph
31“e”, subparagraph (2), or section 234.35. In any fiscal
32year, the reimbursement rate shall be based upon sixty-five
33percent of the United States department of agriculture
34estimate of the cost to raise a child in the calendar year
35immediately preceding the fiscal year. The department may pay
-433-1an additional stipend for a child with special needs.
2 Sec. 685. Section 234.39, Code 2023, is amended to read as
3follows:
4234.39 Responsibility for cost of services.
51. It is the intent of this chapter that an individual
6receiving foster care services and the individual’s parents or
7guardians shall have primary responsibility for paying the cost
8of the care and services. The support obligation established
9and adopted under this section shall be consistent with the
10limitations on legal liability established under sections
11222.78 and 230.15, and by any other statute limiting legal
12responsibility for support which may be imposed on a person for
13the cost of care and services provided by the department. The
14department shall notify an individual’s parents or guardians,
15at the time of the placement of an individual in foster care,
16of the responsibility for paying the cost of care and services.
17Support obligations shall be established as follows:
18a. For an individual to whom section 234.35, subsection
191, is applicable, a dispositional order of the juvenile court
20requiring the provision of foster care, or an administrative
21order entered pursuant to chapter 252C, or any order
22establishing paternity and support for a child in foster care,
23shall establish, after notice and a reasonable opportunity to
24be heard is provided to a parent or guardian, the amount of
25the parent’s or guardian’s support obligation for the cost
26of foster care provided by the department. The amount of
27the parent’s or guardian’s support obligation and the amount
28of support debt accrued and accruing shall be established in
29accordance with the child support guidelines prescribed under
30section 598.21B. However, the court, or the department of
31human services in establishing support by administrative order,
32may deviate from the prescribed obligation after considering
33a recommendation by the department for expenses related to
34goals and objectives of a case permanency plan as defined
35under section 237.15, and upon written findings of fact which
-434-1specify the reason for deviation and the prescribed guidelines
2amount. Any order for support shall direct the payment of the
3support obligation to the collection services center for the
4use of the department’s foster care recovery unit services.
5The order shall be filed with the clerk of the district court
6in which the responsible parent or guardian resides and has
7the same force and effect as a judgment when entered in the
8judgment docket and lien index. The collection services center
9shall disburse the payments pursuant to the order and record
10the disbursements. If payments are not made as ordered, the
11 child support recovery unit services may certify a default to
12the court and the court may, on its own motion, proceed under
13section 598.22 or 598.23 or the child support recovery unit
14 services may enforce the judgment as allowed by law. An order
15entered under this paragraph may be modified only in accordance
16with the guidelines prescribed under section 598.21C, or under
17chapter 252H.
18b. For an individual who is served by the department of
19human services under section 234.35, and is not subject to
20a dispositional order of the juvenile court requiring the
21provision of foster care, the department shall determine the
22obligation of the individual’s parent or guardian pursuant
23to chapter 252C and in accordance with the child support
24guidelines prescribed under section 598.21B. However, the
25department may adjust the prescribed obligation for expenses
26related to goals and objectives of a case permanency plan
27as defined under section 237.15. An obligation determined
28under this paragraph may be modified only in accordance with
29conditions under section 598.21C, or under chapter 252H.
302. A person entitled to periodic support payments pursuant
31to an order or judgment entered in any action for support,
32who also is or has a child receiving foster care services, is
33deemed to have assigned to the department current and accruing
34support payments attributable to the child effective as of the
35date the child enters foster care placement, to the extent
-435-1of expenditure of foster care funds. The department shall
2notify the clerk of the district court when a child entitled
3to support payments is receiving foster care services pursuant
4to chapter 234. Upon notification by the department that a
5child entitled to periodic support payments is receiving foster
6care services, the clerk of the district court shall make a
7notation of the automatic assignment in the judgment docket and
8lien index. The notation constitutes constructive notice of
9assignment. The clerk of court shall furnish the department
10with copies of all orders and decrees awarding support when
11the child is receiving foster care services. At the time the
12child ceases to receive foster care services, the assignment
13of support shall be automatically terminated. Unpaid support
14accrued under the assignment of support rights during the time
15that the child was in foster care remains due to the department
16up to the amount of unreimbursed foster care funds expended.
17The department shall notify the clerk of court of the automatic
18termination of the assignment. Unless otherwise specified in
19the support order, an equal and proportionate share of any
20child support awarded shall be presumed to be payable on behalf
21of each child subject to the order or judgment for purposes of
22an assignment under this section.
233. The support debt for the costs of services, for which
24a support obligation is established pursuant to this section,
25which accrues prior to the establishment of the support debt,
26shall be collected, at a maximum, in the amount which is the
27amount of accrued support debt for the three months preceding
28the earlier of the following:
29a. The provision by the child support recovery unit services
30 of the initial notice to the parent or guardian of the amount
31of the support obligation.
32b. The date that the written request for a court hearing
33is received by the child support recovery unit services as
34provided in section 252C.3 or 252F.3.
354. If the department makes a subsidized guardianship
-436-1payment for a child, the payment shall be considered a foster
2care payment for purposes of child support recovery services.
3All provisions of this and other sections, and of rules and
4orders adopted or entered pursuant to those sections, including
5for the establishment of a paternity or support order, for
6the amount of a support obligation, for the modification or
7adjustment of a support obligation, for the assignment of
8support, and for enforcement shall apply as if the child
9were receiving foster care services, or were in foster care
10placement, or as if foster care funds were being expended for
11the child. This subsection shall apply regardless of the date
12of placement in foster care or subsidized guardianship or the
13date of entry of an order, and foster care and subsidized
14guardianship shall be considered the same for purposes of child
15support recovery services.
16 Sec. 686. Section 234.40, Code 2023, is amended to read as
17follows:
18234.40 Corporal punishment.
19The department of human services shall adopt rules
20prohibiting corporal punishment of foster children by foster
21parents licensed by the department. The rules shall allow
22foster parents to use reasonable physical force to restrain a
23foster child in order to prevent injury to the foster child,
24injury to others, the destruction of property, or extremely
25disruptive behavior. For the purposes of this section,
26“corporal punishment” means the intentional physical punishment
27of a foster child. A foster parent’s physical contact with
28the body of a foster child shall not be considered corporal
29punishment if the contact is reasonable and necessary under the
30circumstances and is not designed or intended to cause pain or
31if the foster parent uses reasonable force, as defined under
32section 704.1.
33 Sec. 687. Section 234.41, Code 2023, is amended to read as
34follows:
35234.41 Tort actions.
-437- 1A foster parent licensed by the department of human services
2 stands in the same relationship to the foster parent’s minor
3foster child, for purposes of tort actions by or on behalf of
4the foster child against the foster parent, as a biological
5parent to the biological parent’s minor child who resides at
6home. This section does not apply to a foster parent whose
7malicious, willful and wanton conduct causes injury or damage
8to a foster child or exposes the foster child to a danger
9caused by violation of a statute or the rules of the department
10of human services.
11 Sec. 688. Section 234.45, Code 2023, is amended to read as
12follows:
13234.45 Iowa marriage initiative grant fund.
141. An Iowa marriage initiative grant fund is established
15in the state treasury under the authority of the department
16of human services. The grant fund shall consist of moneys
17appropriated to the fund and notwithstanding section 8.33 such
18moneys shall not revert to the fund from which appropriated
19at the close of the fiscal year but shall remain in the Iowa
20marriage initiative grant fund. Moneys credited to the fund
21shall be used as directed in appropriations made by the general
22assembly for funding of services to support marriage and to
23encourage the formation and maintenance of two-parent families
24that are secure and nurturing.
252. It is the intent of the general assembly to credit to the
26Iowa marriage initiative grant fund, federal moneys provided
27to the state for the express purpose of supporting marriage or
28two-parent families.
29 Sec. 689. Section 234.46, subsection 2, unnumbered
30paragraph 1, Code 2023, is amended to read as follows:
31The division department shall establish a preparation for
32adult living program directed to young adults. The purpose
33of the program is to assist persons who are leaving foster
34care and other court-ordered services at age eighteen or
35older in making the transition to self-sufficiency. The
-438-1department shall adopt rules necessary for administration of
2the program, including but not limited to eligibility criteria
3for young adult participation and the services and other
4support available under the program. The rules shall provide
5for participation of each person who meets the definition of
6young adult on the same basis, regardless of whether federal
7financial participation is provided. The services and other
8support available under the program may include but are not
9limited to any of the following:
10 Sec. 690. Section 234.47, Code 2023, is amended to read as
11follows:
12234.47 State child care assistance and adoption subsidy
13programs — expenditure projections.
14The department of human services, the department of
15management, and the legislative services agency shall utilize
16a joint process to arrive at consensus projections for
17expenditures for the state child care assistance program under
18section 237A.13 and adoption subsidy and other assistance
19provided under section 600.17.
20 Sec. 691. Section 235.1, Code 2023, is amended to read as
21follows:
22235.1 Definitions.
23As used in this chapter, unless the context otherwise
24requires:
251. “Administrator” means the same as defined in section
26234.1.
272. 1. “Child” means the same as defined in section 234.1.
283. 2. “Child welfare services” means social welfare
29services for the protection and care of children who are
30homeless, dependent or neglected, or in danger of becoming
31delinquent, or who have a mental illness or an intellectual
32disability or other developmental disability, including, when
33necessary, care and maintenance in a foster care facility.
34Child welfare services are designed to serve a child in the
35child’s home whenever possible. If not possible, and the child
-439-1is placed outside the child’s home, the placement should be in
2the least restrictive setting available and in close proximity
3to the child’s home.
44. “State division” means the same as defined in section
5234.1.
63. “Department” means the department of health and human
7services.
84. “Director” means the director of health and human
9services.
10 Sec. 692. Section 235.2, Code 2023, is amended to read as
11follows:
12235.2 Powers and duties of state division department.
13The state division department, in addition to all other
14powers and duties given it the department by law, shall:
151. Administer and enforce the provisions of this chapter.
162. Join and cooperate with the government of the United
17States through its appropriate agency or instrumentality or
18with any other officer or agency of the federal government in
19planning, establishing, extending and strengthening public and
20private child welfare services within the state.
213. Make such investigations Investigate and to obtain such
22 information as will to permit the administrator director to
23determine the need for public child welfare services within the
24state and within the several county departments thereof.
254. Apply for and receive any funds which are or may be
26allotted to the state by the United States or any agency
27thereof of the United States for the purpose of developing
28child welfare services.
295. Make such reports and budget estimates to the governor
30and to the general assembly as are required by law or such as
31are necessary and proper to obtain the appropriation of state
32funds for child welfare services within the state and for all
33the purposes of this chapter.
346. Cooperate with the several county departments within the
35state, and all county boards of supervisors and other public
-440-1or private agencies charged with the protection and care of
2children, in the development of child welfare services.
37. Aid in the enforcement of all laws of the state for the
4protection and care of children.
58. Cooperate with the juvenile courts of the state and with
6the other administrators and divisions of the subunits within
7the department of human services regarding the management and
8control of state institutions and the inmates thereof of the
9institutions.
10 Sec. 693. Section 235.3, Code 2023, is amended to read as
11follows:
12235.3 Powers and duties of administrator director.
13The administrator director shall:
141. Plan and supervise all public child welfare services and
15activities within the state as provided by this chapter.
162. Make such reports and obtain and furnish such information
17from time to time as may be necessary to permit cooperation by
18the state division director with the United States children’s
19bureau, the social security administration, or any other
20federal agency which is now or may hereafter be charged with
21any duty regarding child care or child welfare services.
223. Adopt rules as necessary or advisable for the supervision
23of the private child-caring agencies or their officers which
24the administrator department is empowered to license and
25supervise.
264. Supervise private institutions for the care of
27dependent, neglected, and delinquent children, and make reports
28regarding the institutions.
295. Designate and approve the private and county
30institutions within the state to which neglected, dependent,
31and delinquent children may be legally committed and to have
32supervision of, supervise the care of children committed
33thereto to these institutions, and have the right of visitation
34 to visit and inspection of said inspect these institutions at
35all times.
-441- 16. Receive and keep on file annual reports from all
2institutions to which children subject to the jurisdiction
3of the juvenile court are committed, compile statistics
4regarding juvenile delinquency, make reports regarding
5juvenile delinquency, and study prevention and cure of juvenile
6delinquency.
77. Require and receive from the clerks of the courts of
8record within the state duplicates of the findings of the
9courts upon petitions for adoption, and keep records and
10compile statistics regarding adoptions.
118. License private child-placing agencies, make reports
12regarding them the agencies, and revoke such licenses.
139. Make such rules and regulations as may be necessary
14for the distribution and use of funds appropriated for child
15welfare services.
16 Sec. 694. Section 235.4, Code 2023, is amended to read as
17follows:
18235.4 Licenses.
19Licenses issued to private boarding homes for children and
20private child-placing agencies by the administrator department
21 shall remain in effect for the period for which issued, unless
22sooner revoked according to law. Thereafter each of such the
23 agencies shall apply to the administrator department for a new
24license, and shall submit to such rules regarding licensing as
25the administrator prescribes prescribed by the department.
26 Sec. 695. Section 235.7, Code 2023, is amended to read as
27follows:
28235.7 Transition committees.
291. Committees established. The department of human services
30 shall establish and maintain local transition committees to
31address the transition needs of those children receiving child
32welfare services who are age sixteen or older and have a case
33permanency plan as defined in section 232.2. The department
34shall adopt rules establishing criteria for transition
35committee membership, operating policies, and basic functions.
-442-1The rules shall provide flexibility for a committee to adopt
2protocols and other procedures appropriate for the geographic
3area addressed by the committee.
42. Membership. The department may authorize the governance
5boards of decategorization of child welfare and juvenile
6justice funding projects established under section 232.188 to
7appoint the transition committee membership and may utilize
8the boundaries of decategorization projects to establish
9the service areas for transition committees. The committee
10membership may include but is not limited to department of
11human services staff involved with foster care, child welfare,
12and adult services, juvenile court services staff, staff
13involved with county general assistance or emergency relief
14under chapter 251 or 252, or a regional administrator of the
15county mental health and disability services region, as defined
16in section 331.388, in the area, school district and area
17education agency staff involved with special education, and a
18child’s court appointed special advocate, guardian ad litem,
19service providers, and other persons knowledgeable about the
20child.
213. Duties. A transition committee shall review and approve
22the written plan of services required for the child’s case
23permanency plan in accordance with section 232.2, subsection 4,
24paragraph “g”, which, based upon an assessment of the child’s
25needs, would assist the child in preparing for the transition
26from foster care to adulthood. In addition, a transition
27committee shall identify and act to address any gaps existing
28in the services or other support available to meet the child
29and adult needs of individuals for whom service plans are
30approved.
31 Sec. 696. Section 235A.1, Code 2023, is amended to read as
32follows:
33235A.1 Child abuse prevention program.
341. a. A program for the prevention of child abuse is
35established within the state department of health and human
-443-1services. Any moneys appropriated by the general assembly for
2child abuse prevention shall be used by the department of human
3services solely for the purposes of child abuse prevention and
4shall not be expended for treatment or other service delivery
5programs regularly maintained by the department. Moneys
6appropriated for child abuse prevention shall be used by the
7department through contract with an agency or organization
8which shall administer the funds with maximum use of voluntary
9administrative services for the following:
10(1) Matching federal funds to purchase services relating to
11community-based programs for the prevention of child abuse and
12neglect.
13(2) Funding the establishment or expansion of
14community-based prevention projects or educational programs for
15the prevention of child abuse and neglect.
16(3) To study and evaluate Studying and evaluating
17 community-based prevention projects and educational programs
18for the problems of families and children.
19b. Funds for the programs or projects shall be applied
20for and received by a community-based volunteer coalition or
21council.
222. The director of health and human services may accept
23grants, gifts, and bequests from any source for the purposes
24designated in subsection 1. The director shall remit funds so
25 received to the treasurer of state who shall deposit them the
26funds in the general fund of the state for the use of the child
27abuse prevention program.
28 Sec. 697. Section 235A.2, Code 2023, is amended to read as
29follows:
30235A.2 Child abuse prevention program fund.
311. A child abuse prevention program fund is created in
32the state treasury under the control of the department of
33health and human services. The fund is composed of moneys
34appropriated or available to and obtained or accepted by the
35treasurer of state for deposit in the fund. The fund shall
-444-1include moneys transferred to the fund pursuant to an income
2tax checkoff provided in chapter 422, subchapter II, if
3applicable. All interest earned on moneys in the fund shall
4be credited to and remain in the fund. Section 8.33 does not
5apply to moneys in the fund.
62. Moneys in the fund that are authorized by the department
7for expenditure are appropriated, and shall be used, for the
8purposes described in section 235A.1 of preventing child abuse
9and neglect.
10 Sec. 698. NEW SECTION. 235A.3 Child abuse prevention
11program advisory committee.
12The council on health and human services shall establish a
13child abuse prevention program advisory committee to support
14the child abuse prevention program implemented in accordance
15with section 235A.1. The duties of the advisory committee
16shall include all of the following:
171. Advise the director of health and human services
18regarding expenditures of funds received for the child abuse
19prevention program.
202. Review the implementation and effectiveness of
21legislation and administrative rules concerning the child abuse
22prevention program.
233. Recommend changes in legislation and administrative
24rules to the general assembly and the appropriate department
25officials.
264. Require reports from state agencies and other entities as
27necessary to perform its duties.
285. Receive and review complaints from the public concerning
29the operation and management of the child abuse prevention
30program.
316. Approve grant proposals.
32 Sec. 699. Section 235A.13, Code 2023, is amended to read as
33follows:
34235A.13 Definitions.
35 The definitions in section 232.68 are applicable to this
-445-1subchapter unless the context otherwise requires.As used
2in chapter 232, subchapter III, part 2, and this subchapter,
3unless the context otherwise requires:
41. “Assessment data” means any of the following information
5pertaining to the department’s evaluation of a family:
6a. Identification of the strengths and needs of the child,
7and of the child’s parent, home, and family.
8b. Identification of services available from the department
9and informal and formal services and other support available in
10the community to meet identified strengths and needs.
112. “Child abuse information” means any or all of the
12following data maintained by the department in a manual or
13automated data storage system and individually identified:
14a. Report data.
15b. Assessment data.
16c. Disposition data.
173. “Confidentiality” means the withholding of information
18from any manner of communication, public or private.
194. “Department” means the department of health and human
20services.
215. “Director” means the director of health and human
22services.
236. “Disposition data” means information pertaining to
24an opinion or decision as to the occurrence of child abuse,
25including:
26a. Any intermediate or ultimate opinion or decision reached
27by assessment personnel.
28b. Any opinion or decision reached in the course of judicial
29proceedings.
30c. The present status of any case.
316. 7. “Expungement” means the process of destroying child
32abuse information.
337. 8. “Individually identified” means any report,
34assessment, or disposition data which names the person or
35persons responsible or believed responsible for the child
-446-1abuse.
28. 9. “Multidisciplinary team” means a group of individuals
3who possess knowledge and skills related to the diagnosis,
4assessment, and disposition of child abuse cases and who are
5professionals practicing in the disciplines of medicine,
6nursing, public health, substance abuse use disorder, domestic
7violence, mental health, social work, child development,
8education, law, juvenile probation, or law enforcement, or a
9group established pursuant to section 235B.1, subsection 1.
109. 10. “Near fatality” means an injury to a child that,
11as certified by a physician or physician assistant, placed the
12child in serious or critical condition.
1310. 11. “Report data” means any of the following
14information pertaining to an assessment of an allegation of
15child abuse in which the department has determined the alleged
16child abuse meets the definition of child abuse:
17a. The name and address of the child and the child’s parents
18or other persons responsible for the child’s care.
19b. The age of the child.
20c. The nature and extent of the injury, including evidence
21of any previous injury.
22d. Additional information as to the nature, extent, and
23cause of the injury, and the identity of the person or persons
24alleged to be responsible for the injury.
25e. The names and conditions of other children in the child’s
26home.
27f. A recording made of an interview conducted under chapter
28232 in association with a child abuse assessment.
29g. Any other information believed to be helpful in
30establishing the information in paragraph “d”.
3111. 12. “Sealing” means the process of removing child abuse
32information from authorized access as provided by this chapter.
33 Sec. 700. Section 235A.14, Code 2023, is amended to read as
34follows:
35235A.14 Creation and maintenance of a central registry.
-447- 11. There is created within the state department of
2human services a central registry for certain child abuse
3information. The department shall organize and staff the
4registry and adopt rules for its operation.
52. The registry shall collect, maintain and disseminate
6child abuse information as provided for by this chapter.
73. The department shall maintain a toll-free telephone
8line, which shall be available on a twenty-four hour a day
9 twenty-four-hour-a-day, seven-day a week seven-day-a-week
10 basis and which the department of human services and all other
11persons may use to report cases of suspected child abuse
12and that all persons authorized by this chapter may use for
13obtaining child abuse information.
144. An oral report of suspected child abuse initially made to
15the central registry shall be immediately transmitted by the
16department to the appropriate county department of social human
17 services or law enforcement agency, or both.
185. The registry, upon receipt of a report of suspected
19child abuse, shall search the records of the registry, and
20if the records of the registry reveal any previous report of
21child abuse involving the same child or any other child in
22the same family, or if the records reveal any other pertinent
23information with respect to the same child or any other child
24in the same family, the appropriate office of the department of
25human services or law enforcement agency shall be immediately
26notified of that fact.
276. The central registry shall include report data and
28disposition data which is subject to placement in the central
29registry under section 232.71D. The central registry shall not
30include assessment data.
31 Sec. 701. Section 235A.15, subsection 2, paragraph b,
32subparagraphs (2) and (4), Code 2023, are amended to read as
33follows:
34(2) To an employee or agent of the department of human
35services responsible for the assessment of a child abuse
-448-1report.
2(4) To a multidisciplinary team, or to parties to an
3interagency agreement entered into pursuant to section 280.25,
4if the department of human services approves the composition of
5the multidisciplinary team or the relevant provisions of the
6interagency agreement and determines that access to the team
7or to the parties to the interagency agreement is necessary
8to assist the department in the diagnosis, assessment, and
9disposition of a child abuse case.
10 Sec. 702. Section 235A.15, subsection 2, paragraph c,
11subparagraph (8), Code 2023, is amended to read as follows:
12(8) To an administrator of an agency certified by the
13department of human services to provide services under a
14medical assistance home and community-based services waiver,
15if the data concerns a person employed by or being considered
16by the agency for employment.
17 Sec. 703. Section 235A.15, subsection 2, paragraph e,
18subparagraphs (6), (8), and (12), Code 2023, are amended to
19read as follows:
20(6) To the attorney for the department of human services who
21is responsible for representing the department.
22(8) To an employee or agent of the department of human
23services regarding a person who is providing child care if the
24person is not registered or licensed to operate a child care
25facility.
26(12) To the department of human services for a record check
27relating to employment or residence pursuant to section 218.13.
28 Sec. 704. Section 235A.15, subsection 7, Code 2023, is
29amended to read as follows:
307. If the director of human services receives a written
31request for information regarding a specific case of child
32abuse involving a fatality or near fatality to a child from the
33majority or minority leader of the senate or the speaker or the
34minority leader of the house of representatives, the director
35or the director’s designee shall arrange for a confidential
-449-1meeting with the requestor or the requestor’s designee. In the
2confidential meeting the director or the director’s designee
3shall share all pertinent information concerning the case,
4including but not limited to child abuse information. Any
5written document distributed by the director or the director’s
6designee at the confidential meeting shall not be removed
7from the meeting and a participant in the meeting shall be
8subject to the restriction on redissemination of confidential
9information applicable to a person under section 235A.17,
10subsection 3, for confidential information disclosed to the
11participant at the meeting. A participant in the meeting
12may issue a report to the governor or make general public
13statements concerning the department’s handling of the case of
14child abuse.
15 Sec. 705. Section 235A.15, subsection 9, unnumbered
16paragraph 1, Code 2023, is amended to read as follows:
17If, apart from a request made pursuant to subsection 7
18or 8, the department receives from a member of the public a
19request for information relating to a case of founded child
20abuse involving a fatality or near fatality to a child, the
21response to the request shall be made in accordance with this
22subsection and subsections 10 and 11. If the request is
23received before or during performance of an assessment of the
24case in accordance with section 232.71B, the director of human
25services or the director’s designee shall initially disclose
26whether or not the assessment will be or is being performed.
27Otherwise, within five business days of receiving the request
28or completing the assessment, whichever is later, the director
29of human services or the director’s designee shall consult
30with the county attorney responsible for prosecution of any
31alleged perpetrator of the fatality or near fatality and shall
32disclose information, including but not limited to child abuse
33information, relating to the case, except for the following:
34 Sec. 706. Section 235A.15, subsection 10, unnumbered
35paragraph 1, Code 2023, is amended to read as follows:
-450- 1The information released by the director of human services
2 or the director’s designee pursuant to a request made under
3subsection 9 relating to a case of founded child abuse
4involving a fatality or near fatality to a child shall include
5all of the following, unless such information is excepted from
6disclosure under subsection 9:
7 Sec. 707. Section 235A.15, subsection 11, paragraph b, Code
82023, is amended to read as follows:
9b. If release of social services information in addition to
10that released under subsection 10, paragraph “c”, is believed
11to be in the public’s interest and right to know, the director
12of human services or the director’s designee may apply to
13the court under section 235A.24 requesting a review of the
14information proposed for release and an order authorizing
15release of the information. A release of information that
16would otherwise be confidential under section 217.30 concerning
17social services provided to the child or the child’s family
18shall not include information concerning financial or medical
19assistance provided to the child or the child’s family.
20 Sec. 708. Section 235A.15, subsection 12, Code 2023, is
21amended to read as follows:
2212. If an individual who is the subject of a child abuse
23report listed in subsection 2, paragraph “a”, or another party
24involved in an assessment under section 232.71B releases
25in a public forum or to the media information concerning a
26case of child abuse including but not limited to child abuse
27information which would otherwise be confidential, the director
28of human services, or the director’s designee, may respond
29with relevant information concerning the case of child abuse
30that was the subject of the release. Prior to releasing the
31response, the director or the director’s designee shall consult
32with the child’s parent or guardian, or the child’s guardian ad
33litem, and apply to the court under section 235A.24 requesting
34a review of the information proposed for release and an order
35authorizing release of the information.
-451-1 Sec. 709. Section 235A.16, subsection 3, Code 2023, is
2amended to read as follows:
33. Subsections 1 and 2 do not apply to child abuse
4information that is disseminated to an employee of the
5department of human services, to a juvenile court, or to the
6attorney representing the department as authorized by section
7235A.15.
8 Sec. 710. Section 235A.17, subsection 2, Code 2023, is
9amended to read as follows:
102. The department of human services may notify orally the
11mandatory reporter in an individual child abuse case of the
12results of the case assessment and of the confidentiality
13provisions of sections 235A.15 and 235A.21. The department
14shall subsequently transmit a written notice to the mandatory
15reporter of the results and confidentiality provisions. If
16the report data and disposition data have been placed in the
17registry as founded child abuse pursuant to section 232.71D, a
18copy of the written notice shall be transmitted to the registry
19and shall be maintained by the registry as provided in section
20235A.18. Otherwise, a copy of the written notice shall be
21retained by the department with the case file.
22 Sec. 711. Section 235A.17, subsection 3, paragraph b,
23subparagraph (1), Code 2023, is amended to read as follows:
24(1) Department of human services information described in
25section 217.30, subsection 2.
26 Sec. 712. Section 235A.18, subsection 3, Code 2023, is
27amended to read as follows:
283. The department of human services shall adopt rules
29establishing the period of time child abuse information which
30is not maintained in the central registry is retained by the
31department.
32 Sec. 713. Section 235A.22, Code 2023, is amended to read as
33follows:
34235A.22 Education program.
35The department of human services shall require an
-452-1educational program for employees of the department with access
2to child abuse information on the proper use and control of
3child abuse information.
4 Sec. 714. Section 235A.23, subsection 1, Code 2023, is
5amended to read as follows:
61. The department of human services may compile statistics,
7conduct research, and issue reports on child abuse, provided
8identifying details of the subject of child abuse reports are
9deleted from any report issued.
10 Sec. 715. Section 235A.24, subsection 1, paragraph b, Code
112023, is amended to read as follows:
12b. The director of human services or the director’s
13designee may apply, if the conditions under section 235A.15,
14subsection 11 or 12, are met, to the court requesting a
15review of confidential information proposed for release and an
16order authorizing the release of information. A release of
17information that would otherwise be confidential under section
18217.30 concerning social services provided to the child or
19the child’s family shall not include information concerning
20financial or medical assistance provided to the child or the
21child’s family.
22 Sec. 716. Section 235B.1, subsection 4, Code 2023, is
23amended to read as follows:
244. a. The establishment of a dependent adult protective
25advisory council. The advisory council shall do all of the
26following:
27(1) Advise the director of human services, the director
28of the department on aging, the director of inspections and
29appeals, and the director of public health, the director of the
30department of corrections, and the director of human rights
31 regarding dependent adult abuse.
32(2) Evaluate state law and rules and make recommendations
33to the general assembly and to executive branch departments
34regarding laws and rules concerning dependent adults.
35(3) Receive and review recommendations and complaints from
-453-1the public, health care facilities, and health care programs
2concerning the dependent adult abuse services program.
3b. (1) The advisory council shall consist of twelve
4members. Eight members shall be appointed by and serve at
5the pleasure of the governor. Four of the members appointed
6shall be appointed on the basis of knowledge and skill related
7to expertise in the area of dependent adult abuse including
8professionals practicing in the disciplines of medicine, public
9health, mental health, long-term care, social work, law,
10and law enforcement. Two of the members appointed shall be
11members of the general public with an interest in the area of
12dependent adult abuse and two of the members appointed shall
13be members of the Iowa caregivers association. In addition,
14the membership of the council shall include the director or the
15director’s designee of the department of human services, the
16department on aging, the Iowa department of public health, and
17the department of inspections and appeals.
18(2) The members of the advisory council shall be appointed
19to terms of four years beginning May 1. Appointments shall
20comply with sections 69.16 and 69.16A. Vacancies shall be
21filled in the same manner as the original appointment.
22(3) Members shall receive actual expenses incurred while
23serving in their official capacity.
24(4) The advisory council shall select a chairperson,
25annually, from its membership.
26 Sec. 717. Section 235B.2, Code 2023, is amended to read as
27follows:
28235B.2 Definitions.
29As used in this chapter, unless the context otherwise
30requires:
311. “Caretaker” means a related or nonrelated person who
32has the responsibility for the protection, care, or custody of
33a dependent adult as a result of assuming the responsibility
34voluntarily, by contract, through employment, or by order of
35the court.
-454- 12. “Court” means the district court.
23. “Department” means the department of health and human
3services.
44. “Dependent adult” means a person eighteen years of age or
5older who is unable to protect the person’s own interests or
6unable to adequately perform or obtain services necessary to
7meet essential human needs, as a result of a physical or mental
8condition which requires assistance from another, or as defined
9by departmental rule.
105. a. “Dependent adult abuse” means:
11(1) Any of the following as a result of the willful or
12negligent acts or omissions of a caretaker:
13(a) Physical injury to, or injury which is at a variance
14with the history given of the injury, or unreasonable
15confinement, unreasonable punishment, or assault of a dependent
16adult.
17(b) The commission of a sexual offense under chapter 709 or
18section 726.2 with or against a dependent adult.
19(c) Exploitation of a dependent adult which means the act
20or process of taking unfair advantage of a dependent adult
21or the adult’s physical or financial resources, without the
22informed consent of the dependent adult, including theft, by
23the use of undue influence, harassment, duress, deception,
24false representation, or false pretenses.
25(d) The deprivation of the minimum food, shelter, clothing,
26supervision, physical or mental health care, or other care
27necessary to maintain a dependent adult’s life or health.
28(2) The deprivation of the minimum food, shelter, clothing,
29supervision, physical or mental health care, and other care
30necessary to maintain a dependent adult’s life or health as a
31result of the acts or omissions of the dependent adult.
32(3) (a) Sexual exploitation of a dependent adult by a
33caretaker.
34(b) “Sexual exploitation” means any consensual or
35nonconsensual sexual conduct with a dependent adult which
-455-1includes but is not limited to kissing; touching of the clothed
2or unclothed inner thigh, breast, groin, buttock, anus, pubes,
3or genitals; or a sex act, as defined in section 702.17.
4“Sexual exploitation” includes the transmission, display, taking
5of electronic images of the unclothed breast, groin, buttock,
6anus, pubes, or genitals of a dependent adult by a caretaker
7for a purpose not related to treatment or diagnosis or as
8part of an ongoing assessment, evaluation, or investigation.
9Sexual exploitation does not include touching which is part
10of a necessary examination, treatment, or care by a caretaker
11acting within the scope of the practice or employment of the
12caretaker; the exchange of a brief touch or hug between the
13dependent adult and a caretaker for the purpose of reassurance,
14comfort, or casual friendship; or touching between spouses.
15(4) (a) Personal degradation of a dependent adult by a
16caretaker.
17(b) (i) “Personal degradation” means a willful act or
18statement by a caretaker intended to shame, degrade, humiliate,
19or otherwise harm the personal dignity of a dependent adult, or
20where the caretaker knew or reasonably should have known the
21act or statement would cause shame, degradation, humiliation,
22or harm to the personal dignity of a reasonable person.
23“Personal degradation” includes the taking, transmission,
24or display of an electronic image of a dependent adult by a
25caretaker, where the caretaker’s actions constitute a willful
26act or statement intended to shame, degrade, humiliate, or
27otherwise harm the personal dignity of the dependent adult, or
28where the caretaker knew or reasonably should have known the
29act would cause shame, degradation, humiliation, or harm to the
30personal dignity of a reasonable person.
31(ii) “Personal degradation” does not include any of the
32following:
33(A) The taking, transmission, or display of an electronic
34image of a dependent adult for the purpose of reporting
35dependent adult abuse to law enforcement, the department,
-456-1or any other regulatory agency that oversees caretakers or
2enforces abuse or neglect provisions, or for the purpose of
3treatment or diagnosis or as part of an ongoing investigation.
4(B) The taking, transmission, or display of an electronic
5image by a caretaker who takes, transmits, or displays the
6electronic image in accordance with the confidentiality policy
7and release of information or consent policies of a contractor,
8employer, or facility or program not covered under section
9235E.1, subsection 5, paragraph “a”, subparagraph (3).
10(C) A statement by a caretaker who is the spouse of a
11dependent adult that is not intended to shame, degrade,
12humiliate, or otherwise harm the personal dignity of the
13dependent adult spouse.
14b. “Dependent adult abuse” does not include any of the
15following:
16(1) Circumstances in which the dependent adult declines
17medical treatment if the dependent adult holds a belief or is
18an adherent of a religion whose tenets and practices call for
19reliance on spiritual means in place of reliance on medical
20treatment.
21(2) Circumstances in which the dependent adult’s caretaker,
22acting in accordance with the dependent adult’s stated or
23implied consent, declines medical treatment if the dependent
24adult holds a belief or is an adherent of a religion whose
25tenets and practices call for reliance on spiritual means in
26place of reliance on medical treatment.
27(3) The withholding or withdrawing of health care from
28a dependent adult who is terminally ill in the opinion of a
29licensed physician, when the withholding or withdrawing of
30health care is done at the request of the dependent adult or at
31the request of the dependent adult’s next of kin, attorney in
32fact, or guardian pursuant to the applicable procedures under
33chapter 125, 144A, 144B, 222, 229, or 633.
346. “Director” means the director of health and human
35services.
-457- 17. “Emergency shelter services” means and includes, but is
2not limited to, secure crisis shelters or housing for victims
3of dependent adult abuse.
47. 8. “Family or household member” means a spouse, a person
5cohabiting with the dependent adult, a parent, or a person
6related to the dependent adult by consanguinity or affinity,
7but does not include children of the dependent adult who are
8less than eighteen years of age.
98. 9. “Immediate danger to health or safety” means a
10situation in which death or severe bodily injury could
11reasonably be expected to occur without intervention.
129. 10. “Individual employed as an outreach person” means a
13natural person who, in the course of employment, makes regular
14contacts with dependent adults regarding available community
15resources.
1610. 11. “Legal holiday” means a legal public holiday as
17defined in section 1C.1.
1811. 12. “Person” means person as defined in section 4.1.
1912. 13. “Recklessly” means that a person acts or fails to
20act with respect to a material element of a public offense,
21when the person is aware of and consciously disregards a
22substantial and unjustifiable risk that the material element
23exists or will result from the act or omission. The risk must
24be of such a nature and degree that disregard of the risk
25constitutes a gross deviation from the standard conduct that a
26reasonable person would observe in the situation.
2713. 14. “Serious injury” means the same as defined in
28section 702.18.
2914. 15. “Support services” includes but is not limited
30to community-based services including area agency on aging
31assistance, mental health services, fiscal management, home
32health services, housing-related services, counseling services,
33transportation services, adult day services, respite services,
34legal services, and advocacy services.
35 Sec. 718. Section 235B.3, Code 2023, is amended to read as
-458-1follows:
2235B.3 Dependent adult abuse reports.
31. a. (1) The department shall receive dependent adult
4abuse reports and shall collect, maintain, and disseminate the
5reports by establishing a central registry for dependent adult
6abuse information. The department shall evaluate the reports
7expeditiously.
8(2) However, the department of inspections and appeals
9is solely responsible for the evaluation and disposition of
10dependent adult abuse cases within facilities and programs
11pursuant to chapter 235E and shall inform the department of
12human services of such evaluations and dispositions pursuant
13to section 235E.2.
14(3) If, in the course of an assessment or evaluation
15of a report of dependent adult abuse, the department of
16human services or the department of inspections and appeals
17determines the case involves wages, workplace safety, or other
18labor and employment matters under the jurisdiction of the
19division of labor services of the department of workforce
20development, the relevant portions of the case shall be
21referred to the division.
22(4) If, in the course of an assessment or evaluation
23of a report of dependent adult abuse, the department of
24human services or the department of inspections and appeals
25determines that the case involves discrimination under the
26jurisdiction of the civil rights commission, the relevant
27portions of the case shall be referred to the commission.
28b. Reports of dependent adult abuse which is the result
29of the acts or omissions of the dependent adult shall be
30collected and maintained in the files of the dependent adult
31as assessments only and shall not be included in the central
32registry.
33c. A report of dependent adult abuse that meets the
34definition of dependent adult abuse under section 235B.2,
35subsection 5, paragraph “a”, subparagraph (1), subparagraph
-459-1division (a) or (d), or section 235B.2, subsection 5, paragraph
2“a”, subparagraph (4), which the department determines is
3minor, isolated, and unlikely to reoccur shall be collected
4and maintained by the department as an assessment only for
5a five-year period and shall not be included in the central
6registry and shall not be considered to be founded dependent
7adult abuse. However, a subsequent report of dependent adult
8abuse that meets the definition of dependent adult abuse under
9section 235B.2, subsection 5, paragraph “a”, subparagraph
10(1), subparagraph division (a) or (d), or section 235B.2,
11subsection 5, paragraph “a”, subparagraph (4), that occurs
12within the five-year period and that is committed by the
13caretaker responsible for the act or omission which was the
14subject of the previous report of dependent adult abuse which
15the department determined was minor, isolated, and unlikely to
16reoccur shall not be considered minor, isolated, and unlikely
17to reoccur.
182. A person who, in the course of employment, examines,
19attends, counsels, or treats a dependent adult and reasonably
20believes the dependent adult has suffered abuse, shall report
21the suspected dependent adult abuse to the department. Persons
22required to report include all of the following:
23a. A member of the staff of a community mental health
24center.
25b. A peace officer.
26c. An in-home homemaker-home health aide.
27d. An individual employed as an outreach person.
28e. A health practitioner, as defined in section 232.68.
29f. A member of the staff or an employee of a supported
30community living service, sheltered workshop, or work activity
31center.
32g. A social worker.
33h. A certified psychologist.
34i. A massage therapist licensed pursuant to chapter 152C.
353. a. If a staff member or employee is required to report
-460-1pursuant to this section, the person shall immediately notify
2the department and shall also immediately notify the person in
3charge or the person’s designated agent.
4b. The employer or supervisor of a person who is required to
5or may make a report pursuant to this section shall not apply a
6policy, work rule, or other requirement that interferes with
7the person making a report of dependent adult abuse or that
8results in the failure of another person to make the report.
94. An employee of a financial institution may report
10suspected financial exploitation of a dependent adult to the
11department.
125. Any other person who believes that a dependent adult has
13suffered abuse may report the suspected abuse to the department
14of human services.
156. Following the reporting of suspected dependent adult
16abuse, the department of human services or an agency approved
17by the department shall complete an assessment of necessary
18services and shall make appropriate referrals for receipt of
19these services. The assessment shall include interviews with
20the dependent adult, and, if appropriate, with the alleged
21perpetrator of the dependent adult abuse and with any person
22believed to have knowledge of the circumstances of the case.
23The department may provide necessary protective services and
24may establish a sliding fee schedule for those persons able to
25pay a portion of the protective services.
267. Upon a showing of probable cause that a dependent
27adult has been abused, a court may authorize a person, also
28authorized by the department, to make an evaluation, to enter
29the residence of, and to examine the dependent adult. Upon
30a showing of probable cause that a dependent adult has been
31financially exploited, a court may authorize a person, also
32authorized by the department, to make an evaluation, and to
33gain access to the financial records of the dependent adult.
348. If the department determines that disclosure is
35necessary for the protection of a dependent adult, the
-461-1department may disclose to a subject of a dependent adult abuse
2report referred to in section 235B.6, subsection 2, paragraph
3“a”, that an individual is listed in the child or dependent
4adult abuse registry or is required to register with the sex
5offender registry in accordance with chapter 692A.
69. If, in the course of assessment, evaluation, or
7investigation of a report of dependent adult abuse, the
8department determines that disclosure is necessary for the
9protection of a dependent adult’s resources, the department
10may disclose the initiation and status of the dependent
11adult abuse evaluation to the dependent adult’s bank, savings
12association, credit union, broker-dealer as defined in section
13502.102, subsection 4, investment advisor as defined in section
14502.102, subsection 15, financial advisor, or other financial
15institution, or the administrator as defined in section
16502.102, subsection 1.
1710. The department shall inform the appropriate county
18attorneys of any reports of dependent adult abuse. The
19department may request information from any person believed
20to have knowledge of a case of dependent adult abuse. The
21person, including but not limited to a county attorney, a law
22enforcement agency, a multidisciplinary team, a social services
23agency in the state, or any person who is required pursuant
24to subsection 2 to report dependent adult abuse, whether or
25not the person made the specific dependent adult abuse report,
26shall cooperate and assist in the evaluation upon the request
27of the department. If the department’s assessment reveals
28that dependent adult abuse exists which might constitute a
29criminal offense, a report shall be made to the appropriate
30law enforcement agency. County attorneys and appropriate law
31enforcement agencies shall also take any other lawful action
32necessary or advisable for the protection of the dependent
33adult.
34a. If, upon completion of the evaluation or upon referral
35from the department of inspections and appeals, the department
-462-1determines that the best interests of the dependent adult
2require court action, the department shall initiate action for
3the appointment of a guardian or conservator or for admission
4or commitment to an appropriate institution or facility
5pursuant to the applicable procedures under chapter 125, 222,
6229, or 633, or shall pursue other remedies provided by law.
7The appropriate county attorney shall assist the department in
8the preparation of the necessary papers to initiate the action
9and shall appear and represent the department at all district
10court proceedings.
11b. The department shall assist the court during all stages
12of court proceedings involving a suspected case of dependent
13adult abuse.
14c. In every case involving abuse which is substantiated
15by the department and which results in a judicial proceeding
16on behalf of the dependent adult, legal counsel shall be
17appointed by the court to represent the dependent adult in
18the proceedings. The court may also appoint a guardian ad
19litem to represent the dependent adult if necessary to protect
20the dependent adult’s best interests. The same attorney may
21be appointed to serve both as legal counsel and as guardian
22ad litem. Before legal counsel or a guardian ad litem is
23appointed pursuant to this section, the court shall require
24the dependent adult and any person legally responsible for
25the support of the dependent adult to complete under oath
26a detailed financial statement. If, on the basis of that
27financial statement, the court deems that the dependent adult
28or the legally responsible person is able to bear all or a
29portion of the cost of the legal counsel or guardian ad litem,
30the court shall so order. In cases where the dependent adult
31or the legally responsible person is unable to bear the cost
32of the legal counsel or guardian ad litem, the expense shall
33be paid by the county.
3411. A person participating in good faith in reporting or
35cooperating with or assisting the department in evaluating a
-463-1case of dependent adult abuse has immunity from liability,
2civil or criminal, which might otherwise be incurred or
3imposed based upon the act of making the report or giving the
4assistance. The person has the same immunity with respect to
5participating in good faith in a judicial proceeding resulting
6from the report or cooperation or assistance or relating to the
7subject matter of the report, cooperation, or assistance.
812. It shall be unlawful for any person or employer
9to discharge, suspend, or otherwise discipline a person
10required to report or voluntarily reporting an instance of
11suspected dependent adult abuse pursuant to subsection 2 or
125, or cooperating with, or assisting the department of human
13services in evaluating a case of dependent adult abuse, or
14participating in judicial proceedings relating to the reporting
15or cooperation or assistance based solely upon the person’s
16reporting or assistance relative to the instance of dependent
17adult abuse. A person or employer found in violation of this
18subsection is guilty of a simple misdemeanor.
1913. A person required by this section to report a suspected
20case of dependent adult abuse who knowingly and willfully fails
21to do so commits a simple misdemeanor. A person required by
22this section to report a suspected case of dependent adult
23abuse who knowingly fails to do so or who knowingly, in
24violation of subsection 3, interferes with the making of such a
25report or applies a requirement that results in such a failure
26is civilly liable for the damages proximately caused by the
27failure.
2814. The department of inspections and appeals shall adopt
29rules which require facilities or programs to separate an
30alleged dependent adult abuser from a victim following an
31allegation of perpetration of abuse and prior to the completion
32of an investigation of the allegation.
33 Sec. 719. Section 235B.5, Code 2023, is amended to read as
34follows:
35235B.5 Creation and maintenance of a central registry.
-464- 11. There is created within the department a central registry
2for dependent adult abuse information. The department shall
3organize and staff the registry and adopt rules for its
4operation.
52. The registry shall collect, maintain, and disseminate
6dependent adult abuse information as provided in this chapter.
73. The department shall maintain a toll-free telephone
8line, which shall be available on a twenty-four-hour-a-day,
9seven-day-a-week basis and which the department and all other
10persons may use to report cases of suspected dependent adult
11abuse and that all persons authorized by this chapter may use
12for obtaining dependent adult abuse information.
134. An oral report of suspected dependent adult abuse
14initially made to the central registry shall be immediately
15transmitted by the department to the appropriate county
16department of human services or law enforcement agency, or
17both.
185. An oral report of suspected dependent adult abuse
19initially made to the central registry regarding a facility or
20program as defined in section 235E.1 shall be transmitted by
21the department to the department of inspections and appeals on
22the first working day following the submitting of the report.
236. The registry, upon receipt of a report of suspected
24dependent adult abuse, shall search the records of the
25registry, and if the records of the registry reveal any
26previous report of dependent adult abuse involving the same
27adult or if the records reveal any other pertinent information
28with respect to the same adult, the appropriate office of the
29 department of human services or the appropriate law enforcement
30agency shall be immediately notified of that fact.
317. The central registry shall include but not be limited to
32report data, investigation data, and disposition data.
33 Sec. 720. Section 235B.6, Code 2023, is amended to read as
34follows:
35235B.6 Authorized access.
-465- 11. Notwithstanding chapter 22, the confidentiality of all
2dependent adult abuse information shall be maintained, except
3as specifically provided by subsections 2 and 3.
42. Access to dependent adult abuse information other than
5unfounded dependent adult abuse information is authorized only
6to the following persons:
7a. A subject of a report including all of the following:
8(1) To an adult named in a report as a victim of abuse or to
9the adult’s attorney or guardian ad litem.
10(2) To a guardian or legal custodian, or that person’s
11attorney, of an adult named in a report as a victim of abuse.
12(3) To the person or the attorney for the person named in a
13report as having abused an adult.
14b. A person involved in an investigation of dependent adult
15abuse including all of the following:
16(1) A health practitioner or mental health professional
17who is examining, attending, or treating an adult whom such
18practitioner or professional believes or has reason to believe
19has been the victim of abuse or to a health practitioner or
20mental health professional whose consultation with respect to
21an adult believed to have been the victim of abuse is requested
22by the department.
23(2) An employee or agent of the department responsible for
24the investigation of a dependent adult abuse report or for the
25purpose of performing record checks as required under section
26135C.33.
27(3) A representative of the department involved in the
28certification or accreditation of an agency or program
29providing care or services to a dependent adult believed to
30have been a victim of abuse.
31(4) A law enforcement officer responsible for assisting in
32an investigation of a dependent adult abuse allegation.
33(5) A multidisciplinary team, if the department of human
34services approves the composition of the multidisciplinary team
35and determines that access to the team is necessary to assist
-466-1the department in the investigation, diagnosis, assessment, and
2disposition of a case of dependent adult abuse.
3(6) The mandatory reporter who reported the dependent adult
4abuse in an individual case.
5(7) Each board specified under chapter 147 and the Iowa
6 department of public health for the purpose of licensure,
7certification or registration, disciplinary investigation, or
8the renewal of licensure, certification or registration, or
9disciplinary proceedings of health care professionals.
10c. A person providing care to an adult including all of the
11following:
12(1) A licensing authority for a facility, including a
13facility or program defined in section 235E.1, providing care
14to an adult named in a report.
15(2) A person authorized as responsible for the care or
16supervision of an adult named in a report as a victim of abuse
17or a person named in a report as having abused an adult if
18the court or registry deems access to dependent adult abuse
19information by such person to be necessary.
20(3) An employee or agent of the department responsible
21for registering or licensing or approving the registration or
22licensing of a person, or to an individual providing care to an
23adult and regulated by the department.
24(4) The legally authorized protection and advocacy agency
25recognized pursuant to section 135C.2 if a person identified in
26the information as a victim or a perpetrator of abuse resided
27in or receives services from a facility, including a facility
28or program defined in section 235E.1, or agency because the
29person is diagnosed as having a developmental disability or a
30mental illness.
31(5) To an administrator of an agency certified by the
32department of human services to provide services under a
33medical assistance home and community-based services waiver,
34if the information concerns a person employed by or being
35considered by the agency for employment.
-467- 1(6) To the administrator of an agency providing mental
2health, intellectual disability, or developmental disability
3services under a regional service system management plan
4implemented in accordance with section 331.393, if the
5information concerns a person employed by or being considered
6by the agency for employment.
7(7) To an administrator of a hospital licensed under chapter
8135B if the data concerns a person employed or being considered
9for employment by the hospital.
10(8) An employee of an agency requested by the department
11to provide case management or other services to the dependent
12adult.
13d. Relating to judicial and administrative proceedings,
14persons including all of the following:
15(1) A court upon a finding that information is necessary
16for the resolution of an issue arising in any phase of a case
17involving dependent adult abuse.
18(2) A court or agency hearing an appeal for correction
19of dependent adult abuse information as provided in section
20235B.10.
21(3) An expert witness or a witness who testifies at any
22stage of an appeal necessary for correction of dependent adult
23abuse information as provided in section 235B.10.
24(4) A court or administrative agency making a determination
25regarding an unemployment compensation claim pursuant to
26section 96.6.
27(5) To a juvenile court involved in an adjudication or
28disposition of a child that is the subject of a guardianship
29proceeding under chapter 232D.
30(6) To a district court upon a finding that data is
31necessary for the resolution of an issue arising in any phase
32of a case involving proceedings for a child guardianship under
33chapter 232D.
34e. Other persons including all of the following:
35(1) A person conducting bona fide research on dependent
-468-1adult abuse, but without information identifying individuals
2named in a dependent adult abuse report, unless having that
3information open to review is essential to the research or
4evaluation and the authorized registry officials give prior
5written approval and the adult, the adult’s guardian or
6guardian ad litem, and the person named in a report as having
7abused an adult give permission to release the information.
8(2) Registry or department personnel when necessary to the
9performance of their official duties or a person or agency
10under contract with the department to carry out official duties
11and functions of the registry.
12(3) The department of justice for the sole purpose of the
13filing of a claim for reparation pursuant to sections 915.21
14and 915.84.
15(4) A legally constituted adult protection agency of
16another state which is investigating or treating an adult named
17in a report as having been abused.
18(5) The office of the attorney general.
19(6) A health care facility administrator or the
20administrator’s designee, following the appeals process, for
21the purpose of hiring staff or continued employment of staff.
22(7) To the administrator of an agency providing care to a
23dependent adult in another state, for the purpose of performing
24an employment background check.
25(8) To the superintendent, or the superintendent’s
26designee, of a school district or to the authorities in charge
27of an accredited nonpublic school for purposes of a volunteer
28or employment record check.
29(9) The department of inspections and appeals for purposes
30of record checks of applicants for employment with the
31department of inspections and appeals.
32(10) The state or a local long-term care ombudsman if the
33victim resides in or the alleged perpetrator is an employee of
34a long-term care facility as defined in section 231.4.
35(11) The state office or local office of public guardian as
-469-1defined in section 231E.3, if the information relates to the
2provision of legal services for a client served by the state or
3local office of public guardian.
4(12) A nursing program that is approved by the state board
5of nursing under section 152.5, if the information relates to a
6record check performed pursuant to section 152.5A.
7(13) To the board of educational examiners created under
8chapter 272 for purposes of determining whether a license,
9certificate, or authorization should be issued, denied, or
10revoked.
11(14) The department on aging for the purposes of conducting
12background checks of applicants for employment with the
13department on aging.
14(15) To the Iowa veterans home for purposes of record checks
15of potential volunteers and volunteers in the Iowa veterans
16home.
17(16) To the administrator of a certified nurse aide program,
18if the data relates to a record check of a student of the
19program performed pursuant to section 135C.33.
20(17) To the administrator of a juvenile detention or shelter
21care home, if the data relates to a record check of an existing
22or prospective employee, resident, or volunteer for or in the
23home.
24(18) To the employer or prospective employer of a school bus
25driver for purposes of an employment record check.
26(19) To a free clinic as defined in section 135.24A for
27purposes of record checks of potential volunteers and existing
28volunteers at the free clinic.
29(20) To a bank, savings association, credit union,
30broker-dealer as defined in section 502.102, subsection 4,
31investment advisor as defined in section 502.102, subsection
3215, financial advisor, or other financial institution as deemed
33necessary by the department to protect the dependent adult’s
34resources.
35(21) To the social security administration.
-470- 1(22) To the administrator as defined in section 502.102,
2subsection 1.
3f. To a person who submits written authorization from
4an individual allowing the person access to information on
5the determination only on whether or not the individual who
6authorized the access is named in a founded dependent adult
7abuse report as having abused a dependent adult.
83. Access to unfounded dependent adult abuse information is
9authorized only to those persons identified in subsection 2,
10paragraph “a”, paragraph “b”, subparagraphs (2), (5), and (6),
11and paragraph “e”, subparagraphs (2), (5), (10), (20), (21), and
12(22).
13 Sec. 721. Section 235B.16, Code 2023, is amended to read as
14follows:
15235B.16 Information, education, and training requirements.
161. The department on aging, in cooperation with the
17department, shall conduct a public information and education
18program. The elements and goals of the program include but are
19not limited to:
20a. Informing the public regarding the laws governing
21dependent adult abuse and the reporting requirements for
22dependent adult abuse.
23b. Providing caretakers with information regarding services
24to alleviate the emotional, psychological, physical, or
25financial stress associated with the caretaker and dependent
26adult relationship.
27c. Affecting public attitudes regarding the role of a
28dependent adult in society.
292. The department, in cooperation with the department on
30aging and the department of inspections and appeals, shall
31institute a program of education and training for persons,
32including members of provider groups and family members, who
33may come in contact with dependent adult abuse. The program
34shall include but is not limited to instruction regarding
35recognition of dependent adult abuse and the procedure for the
-471-1reporting of suspected abuse.
23. The content of the continuing education required
3pursuant to chapter 272C for a licensed professional providing
4care or service to a dependent adult shall include, but is
5not limited to, the responsibilities, obligations, powers,
6and duties of a person regarding the reporting of suspected
7dependent adult abuse, and training to aid the professional in
8identifying instances of dependent adult abuse.
94. The department of inspections and appeals shall provide
10training to investigators regarding the collection and
11preservation of evidence in the case of suspected dependent
12adult abuse.
135. a. For the purposes of this subsection, “licensing
14board” means a board designated in section 147.13, the board of
15educational examiners created in section 272.2, or a licensing
16board as defined in section 272C.1.
17b. A person required to report cases of dependent adult
18abuse pursuant to sections 235B.3 and 235E.2, other than a
19physician whose professional practice does not regularly
20involve providing primary health care to adults, shall
21complete two hours of training relating to the identification
22and reporting of dependent adult abuse within six months of
23initial employment or self-employment which involves the
24examination, attending, counseling, or treatment of adults
25on a regular basis. Within one month of initial employment
26or self-employment, the person shall obtain a statement of
27the abuse reporting requirements from the person’s employer
28or, if self-employed, from the department. The person shall
29complete at least two hours of additional dependent adult abuse
30identification and reporting training every three years. If
31the person completes at least one hour of additional dependent
32adult abuse identification and reporting training prior to the
33three-year expiration period, the person shall be deemed in
34compliance with the training requirements of this section for
35an additional three years.
-472- 1c. The core training curriculum relating to the
2identification and reporting of dependent adult abuse, as
3provided in paragraph “b”, shall be developed by the department
4pursuant to subsection 2 and provided by the department.
5d. An employer of a person required to report cases
6of dependent adult abuse pursuant to sections 235B.3 and
7235E.2 may provide supplemental training, specific to the
8identification and reporting of dependent adult abuse as it
9relates to the person’s professional practice, in addition to
10the core training provided by the department.
11e. A licensing board with authority over the license of
12a person required to report cases of dependent adult abuse
13pursuant to sections 235B.3 and 235E.2 shall require as a
14condition of licensure that the person is in compliance with
15the requirements for abuse training under this subsection.
16The licensing board shall require the person upon licensure
17renewal to accurately document for the licensing board the
18person’s completion of the training requirements. However,
19the licensing board may adopt rules providing for waiver or
20suspension of the compliance requirements, if the waiver or
21suspension is in the public interest, applicable to a person
22who is engaged in active duty in the military service of this
23state or of the United States, to a person for whom compliance
24with the training requirements would impose a significant
25hardship, or to a person who is practicing a licensed
26profession outside this state or is otherwise subject to
27circumstances that would preclude the person from encountering
28dependent adult abuse in this state.
29f. For persons required to report cases of dependent
30adult abuse pursuant to sections 235B.3 and 235E.2, who are
31not engaged in a licensed profession that is subject to the
32authority of a licensing board but are employed by a facility
33or program subject to licensure, registration, or approval by a
34state agency, the agency shall require as a condition of the
35renewal of the facility’s or program’s licensure, registration,
-473-1or approval, that such persons employed by the facility or
2program are in compliance with the training requirements of
3this subsection.
4g. For peace officers, the elected or appointed official
5designated as the head of the agency employing the peace
6officer shall ensure compliance with the training requirements
7of this subsection.
8h. For persons required to report cases of dependent adult
9abuse pursuant to sections 235B.3 and 235E.2 who are employees
10of state departments and political subdivisions of the state,
11the department director or the chief administrator of the
12political subdivision shall ensure the persons’ compliance with
13the training requirements of this subsection.
146. The department shall require an educational program for
15employees of the registry on the proper use and control of
16dependent adult abuse information.
17 Sec. 722. Section 235B.16A, Code 2023, is amended to read
18as follows:
19235B.16A Dependent adults — dependency assessments —
20interagency training.
211. The dependent adult protective advisory council
22established pursuant to section 235B.1 shall recommend a
23uniform assessment instrument and process for adoption and use
24by the department of human services and other agencies involved
25with assessing a dependent adult’s degree of dependency
26and determining whether dependent adult abuse has occurred.
27However, this section shall not apply to dependent adult abuse
28assessments and determinations made under chapter 235E.
292. The instrument and process design under subsection 1
30shall address but is not limited to all of the following:
31a. Evaluation of conformity with applicable federal law and
32regulations on the part of the persons employing, housing, or
33providing services to the dependent adult.
34b. Provision for the final step in the dependency assessment
35of a dependent adult to be a formal assessment of the existence
-474-1of risk to the health or safety of the individual or of the
2degree of the individual’s impairment in ability under the
3definition of dependent adult in section 235B.2.
4c. If the assessment under paragraph “b” determines that a
5risk to the health or safety of the individual exists or the
6individual has a significant impairment in ability, and the
7individual being assessed agrees, provision for a case manager
8to be assigned to assist in preparing and implementing a safety
9plan which includes protective services for the individual.
10d. If the assessment under paragraph “b” determines that
11a risk to the health or safety of the individual exists or
12the individual has a significant impairment in ability, the
13individual being assessed does not agree to the safety plan
14provisions under paragraph “c” or accept other services, and
15the options available under sections 235B.17, 235B.18, and
16235B.19 are not utilized, provision for the department of human
17services to maintain periodic contact with the individual in
18accordance with rules adopted for this purpose. The purpose
19of the contact is to assess any increased risk or impairment
20and to monitor the individual’s goals, feelings, and concerns
21so that the department can intervene when necessary or
22offer services and other support to maintain or sustain the
23individual’s safety and independence when the individual is
24ready to agree to a safety plan or accept services.
253. The department of human services and other agencies
26involved with assessing a dependent adult’s degree of
27dependency and whether dependent adult abuse has occurred shall
28adopt rules and take other steps necessary to implement the
29uniform assessment instrument and process addressed by this
30section on or before July 1, 2010.
314. The department of human services shall cooperate with
32the department on aging, the departments of inspections
33and appeals, public health, public safety, and workforce
34development, the civil rights commission, and other state and
35local agencies performing inspections or otherwise visiting
-475-1residential settings where dependent adults live, to regularly
2provide training to the appropriate staff in the agencies
3concerning each agency’s procedures involving dependent
4adults, and to build awareness concerning dependent adults and
5reporting of dependent adult abuse.
6 Sec. 723. Section 235E.2, subsection 1, paragraphs a and c,
7Code 2023, are amended to read as follows:
8a. The department shall receive and evaluate reports
9of dependent adult abuse in facilities and programs. The
10department shall inform the department of health and human
11services of such evaluations and dispositions and those
12individuals who should be placed on the central registry for
13dependent adult abuse pursuant to section 235E.7. If the
14department believes the situation involves an immediate danger
15to the public health, safety, or welfare requiring immediate
16agency action to seek emergency placement on the central
17registry, the department may utilize emergency adjudicative
18proceedings pursuant to section 17A.18A.
19c. A report of dependent adult abuse that meets the
20definition of dependent adult abuse under section 235E.1,
21subsection 5, paragraph “a”, subparagraph (1), subparagraph
22division (a) or (d), or section 235E.1, subsection 5, paragraph
23“a”, subparagraph (3), which the department determines is
24minor, isolated, and unlikely to reoccur shall be collected
25and maintained by the department of health and human services
26as an assessment only for a five-year period and shall not be
27included in the central registry and shall not be considered
28to be founded dependent adult abuse. A subsequent report of
29dependent adult abuse that meets the definition of dependent
30adult abuse under section 235E.1, subsection 5, paragraph “a”,
31subparagraph (1), subparagraph division (a) or (d), or section
32235E.1, subsection 5, paragraph “a”, subparagraph (3), that
33occurs within the five-year period, and that is committed by
34the caretaker responsible for the act or omission which was the
35subject of the previous report of dependent adult abuse which
-476-1the department determined was minor, isolated, and unlikely to
2reoccur, may be considered minor, isolated, and unlikely to
3reoccur depending on the circumstances of the report.
4 Sec. 724. Section 235E.2, subsection 5, Code 2023, is
5amended to read as follows:
65. Any other person who believes that a dependent adult
7has suffered dependent adult abuse may report the suspected
8dependent adult abuse to the department of inspections and
9appeals. The department of inspections and appeals shall
10transfer any reports received of dependent adult abuse in the
11community to the department of health and human services. The
12department of health and human services shall transfer any
13reports received of dependent adult abuse in facilities or
14programs to the department of inspections and appeals.
15 Sec. 725. Section 235E.2, subsection 6, paragraph a, Code
162023, is amended to read as follows:
17a. If, upon completion of an investigation, the department
18determines that the best interests of the dependent adult
19require court action, the department shall notify the
20department of health and human services of the potential need
21for a guardian or conservator or for admission or commitment
22to an appropriate institution or facility pursuant to the
23applicable procedures under chapter 125, 222, 229, or 633, or
24shall pursue other remedies provided by law. The appropriate
25county attorney shall assist the department of health and human
26services in the preparation of the necessary papers to initiate
27the action and shall appear and represent the department of
28health and human services at all district court proceedings.
29 Sec. 726. Section 235F.6, subsection 4, Code 2023, is
30amended to read as follows:
314. The court may approve a consent agreement between the
32parties entered into to bring about the cessation of elder
33abuse. A consent agreement approved under this section shall
34not contain any of the following:
35a. A provision that prohibits any party to the action
-477-1from contacting or cooperating with any government agency
2including the department of health and human services, the
3department of inspections and appeals, the department on aging,
4 the department of justice, law enforcement, and the office of
5long-term care ombudsman; a licensing or regulatory agency
6that has jurisdiction over any license or certification held
7by the defendant; a protection and advocacy agency recognized
8in section 135C.2; or the defendant’s current employer if the
9defendant’s professional responsibilities include contact with
10vulnerable elders, dependent adults, or minors, if the party
11contacting or cooperating has a good-faith belief that the
12information is relevant to the duties or responsibilities of
13the entity.
14b. A provision that prohibits any party to the action from
15filing a complaint with or reporting a violation of law to
16any government agency including the department of health and
17 human services, the department of inspections and appeals,
18the department on aging, the department of justice, law
19enforcement, and the office of long-term care ombudsman; a
20licensing or regulatory agency that has jurisdiction over any
21license or certification held by the defendant; a protection
22and advocacy agency recognized in section 135C.2; or the
23defendant’s current employer.
24c. A provision that requires any party to the action to
25withdraw a complaint filed with or a violation reported to
26any government agency including the department of health and
27 human services, the department of inspections and appeals,
28the department on aging, the department of justice, law
29enforcement, and the office of long-term care ombudsman; a
30licensing or regulatory agency that has jurisdiction over any
31license or certification held by the defendant; a protection
32and advocacy agency recognized in section 135C.2; or the
33defendant’s current employer.
34 Sec. 727. Section 237.1, Code 2023, is amended to read as
35follows:
-478- 1237.1 Definitions.
2As used in this chapter:
31. “Administrator” means the administrator of that division
4of the department designated by the director of human services
5to administer this chapter or the administrator’s designee.
62. 1. “Agency” means a person, as defined in section 4.1,
7subsection 20, which provides child foster care and which does
8not meet the definition of an individual in subsection 7 as
9defined under this section.
103. 2. “Child” means child as defined in section 234.1,
11subsection 2.
124. 3. “Child foster care” means the provision of parental
13nurturing, including but not limited to the furnishing of
14food, lodging, training, education, supervision, treatment,
15or other care, to a child on a full-time basis by a person,
16including a relative of the child if the relative is licensed
17under this chapter, but not including a guardian of the child.
18“Child foster care” does not include any of the following care
19situations:
20a. Care furnished by an individual person who receives the
21child of a personal friend as an occasional and personal guest
22in the individual person’s home, free of charge and not as a
23business.
24b. Care furnished by an individual person with whom a child
25has been placed for lawful adoption, unless that adoption is
26not completed within two years after placement.
27c. Care furnished by a private boarding school subject to
28approval by the state board of education pursuant to section
29256.11.
30d. Child care furnished by a child care center, a child
31development home, or a child care home as defined in section
32237A.1.
33e. Care furnished in a hospital licensed under chapter 135B
34or care furnished in a nursing facility licensed under chapter
35135C.
-479- 1f. Care furnished by a relative of a child or an individual
2person with a meaningful relationship with the child where the
3child is not under the placement, care, or supervision of the
4department.
54. “Council” means the council on health and human services.
65. “Department” means the department of health and human
7services.
86. “Director” means the director of health and human
9services.
107. “Facility” means the personnel, program, physical plant,
11and equipment of a licensee.
127. 8. “Individual” means an individual person or a married
13couple who provides child foster care in a single-family home
14environment and which does not meet the definition of an agency
15in subsection 2 under this section.
168. 9. “Licensee” means an individual or an agency licensed
17by the administrator under this chapter.
189. 10. “Reasonable and prudent parent standard” means
19the standard characterized by careful and sensible parenting
20decisions that maintain the health, safety, and best interests
21of a child, while at the same time encouraging the emotional
22and developmental growth of a child, that a caregiver shall
23use when determining whether to allow a child in foster care
24under the placement, care, or supervision of the department to
25participate in extracurricular, enrichment, cultural, or social
26activities. For the purposes of this subsection, “caregiver”
27means an individual or an agency licensed under this chapter
28with which a child in foster care has been placed or a juvenile
29shelter care home approved under chapter 232 in which a child
30in foster care has been placed.
31 Sec. 728. Section 237.3, Code 2023, is amended to read as
32follows:
33237.3 Rules.
341. Except as otherwise provided by subsections 3 and 4,
35the administrator department shall promulgate, after their
-480-1adoption by the council on human services, and enforce in
2accordance with chapter 17A, administrative rules necessary
3to implement this chapter. Formulation of the rules shall
4include consultation with representatives of child foster care
5providers, and other persons affected by this chapter. The
6rules shall encourage the provision of child foster care in a
7single-family, home environment, exempting the single-family,
8home facility from inappropriate rules.
92. Rules applicable to licensees shall include but are not
10limited to:
11a. Types of facilities which include but are not limited to
12group foster care facilities and family foster care homes.
13b. The number, qualifications, character, and parenting
14ability of personnel necessary to assure the health, safety and
15welfare of children receiving child foster care.
16c. Programs for education and in-service training of
17personnel.
18d. The physical environment of a facility.
19e. Policies for intake, assessment, admission and discharge.
20f. Housing, health, safety, and medical care policies
21for children receiving child foster care. The medical care
22policies shall include but are not limited to all of the
23following:
24(1) Provision by the department to the foster care provider
25at or before the time of a child’s placement of the child’s
26health records and any other information possessed or known
27about the health of the child or about a member of the child’s
28family that pertains to the child’s health.
29(2) If the health records supplied in accordance with
30the child’s case permanency plan to the foster care provider
31are incomplete or the provider requests specific health
32information, provision for obtaining additional health
33information from the child’s parent or other source and
34supplying the additional information to the foster care
35provider.
-481- 1(3) Provision for emergency health coverage of the child
2while the child is engaged in temporary out-of-state travel
3with the child’s foster family.
4g. (1) The adequacy of programs available to children
5receiving child foster care provided by agencies, including but
6not limited to:
7(a) Dietary services.
8(b) Social services.
9(c) Activity programs.
10(d) Behavior management procedures.
11(e) Educational programs, including special education
12as defined in section 256B.2, subsection 1, paragraph “b”,
13where appropriate, which are approved by the state board of
14education.
15(2) The department shall not promulgate rules which
16regulate individual licensees in the subject areas enumerated
17in this paragraph “g”.
18h. Policies for involvement of biological parents.
19i. Records a licensee is required to keep, and reports a
20licensee is required to make to the administrator department.
21j. Prior to the licensing of an individual as a foster
22family home, a required, written social assessment of the
23quality of the living situation in the home of the individual,
24and a required compilation of personal references for the
25individual other than those references given by the individual.
26k. Elements of a foster care placement agreement outlining
27rights and responsibilities associated with an individual
28providing family foster care. The rights and responsibilities
29shall include but are not limited to all of the following:
30(1) Receiving information prior to the child’s placement
31regarding risk factors concerning the child that are known to
32the department, including but not limited to notice if the
33child is required to register under chapter 692A.
34(2) Having regularly scheduled meetings with each case
35manager assigned to the child.
-482- 1(3) Receiving access to any reports prepared by a service
2provider who is working with the child unless the access is
3prohibited by state or federal law.
43. Rules governing fire safety in facilities with child
5foster care provided by agencies shall be promulgated by the
6state fire marshal pursuant to section 100.1, subsection 5,
7 after consultation with the administrator director.
84. Rules governing sanitation, water and waste disposal
9standards for facilities shall be promulgated by the Iowa
10 department of public health pursuant to section 135.11,
11subsection 12, after consultation with the administrator
12 director.
135. In case of a conflict between rules promulgated pursuant
14to subsections 3 and 4 and local rules, the more stringent
15requirement applies.
166. Rules of the department shall not prohibit the licensing,
17as foster family homes, of individuals who are departmental
18employees not directly engaged in the administration of the
19child foster care program pursuant to this chapter.
207. If an agency is accredited by the joint commission
21on the accreditation of health care organizations under the
22commission’s consolidated standards for residential settings
23or by the council on accreditation of services for families
24and children, the department shall modify facility licensure
25standards applied to the agency in order to avoid duplicating
26standards applied through accreditation.
278. The department, in consultation with the judicial
28branch, the division of criminal and juvenile justice planning
29of the department of human rights, residential treatment
30providers, the foster care provider association, and other
31parties which may be affected, shall review the licensing rules
32pertaining to residential treatment facilities, and examine
33whether the rules allow the facilities to accept and provide
34effective treatment to juveniles with serious problems who
35might not otherwise be placed in those facilities.
-483- 19. The department shall adopt rules specifying the elements
2of a preadoptive care agreement outlining the rights and
3responsibilities associated with a person providing preadoptive
4care, as defined in section 232.2.
510. The department shall adopt rules to administer the
6exception to the definition of child care in section 237A.1,
7subsection 3, paragraph “l”, allowing a child care facility, for
8purposes of providing respite care to a foster family home, to
9provide care, supervision, or guidance of a child for a period
10of twenty-four hours or more who is placed with the licensed
11foster family home.
12 Sec. 729. Section 237.4, Code 2023, is amended to read as
13follows:
14237.4 License required — exceptions.
15An individual or an agency, as defined in section 237.1,
16shall not provide child foster care unless the individual or
17agency obtains a license issued by the administrator under this
18chapter. However, a license is not required of the following:
191. An individual providing child foster care for a total of
20not more than twenty days in one calendar year.
212. A residential care facility licensed under chapter 135C
22which is approved for the care of children.
233. A hospital licensed under chapter 135B.
244. A health care facility licensed under chapter 135C.
255. A juvenile detention home or juvenile shelter care home
26approved under section 232.142.
276. An institution listed in section 218.1.
287. A facility licensed under chapter 125.
298. An individual providing child care as a babysitter at the
30request of a parent, guardian or relative having lawful custody
31of the child.
32 Sec. 730. Section 237.5, Code 2023, is amended to read as
33follows:
34237.5 License application and issuance — denial, suspension,
35or revocation — provisional licenses.
-484- 11. An individual or an agency shall apply for a license
2by completing an application to the administrator department
3 upon forms furnished by the administrator department. The
4administrator department shall issue or reissue a license if
5the administrator department determines that the applicant or
6licensee is or upon commencing operation will provide child
7foster care in compliance with this chapter. An initial
8license for an individual is valid for one year from the date
9of issuance. After the first two years of licensure, a license
10for an individual is valid for two years from the most recent
11date of issuance except that the administrator department,
12within the administrator’s director’s discretion and based upon
13the performance of the licensee, may require annual renewal
14of the license or may issue a provisional license pursuant to
15subsection 3. A license for an agency is valid for up to three
16years from the date of issuance for the period determined by
17the administrator department in accordance with administrative
18rules providing criteria for making the determination. The
19license shall state on its face the name of the licensee, the
20type of facility, the particular premises for which the license
21is issued, and the number of children who may be cared for by
22the facility on the premises at one time. The license shall
23be posted in a conspicuous place in the physical plant of the
24facility, except that if the facility is in a single-family
25home the license may be kept where it is readily available for
26examination upon request.
272. The administrator department, after notice and
28opportunity for an evidentiary hearing, may deny an application
29for a license, and may suspend or revoke a license, if the
30applicant or licensee violates this chapter or the rules
31promulgated pursuant to this chapter, or knowingly makes
32a false statement concerning a material fact or conceals
33a material fact on the license application or in a report
34regarding operation of the facility submitted to the
35administrator department.
-485- 13. The administrator department may issue a provisional
2license for not more than one year to a licensee whose
3facility does not meet the requirements of this chapter, if
4written plans to bring the facility into compliance with the
5applicable requirements are submitted to and approved by the
6administrator department. The plans shall state a specific
7time when compliance will be achieved. Only one provisional
8license shall be issued for a facility by reason of the same
9deficiency.
10 Sec. 731. Section 237.6, Code 2023, is amended to read as
11follows:
12237.6 Restricted use of facility.
13A licensee shall not furnish child foster care in a building
14or on premises not designated in the license. A licensee
15shall not furnish child foster care to a greater number of
16children than is designated in the license, unless authorized
17by the administrator so authorizes department. Multiple
18licenses authorizing separate and distinct parts of a facility
19to provide different categories of child foster care may be
20issued.
21 Sec. 732. Section 237.7, Code 2023, is amended to read as
22follows:
23237.7 Reports and inspections.
24The administrator department may require submission of
25reports by a licensee, and shall cause at least one annual
26unannounced inspection of each facility to assess the quality
27of the living situation and to determine compliance with
28applicable requirements and standards. The inspections shall
29be conducted by the department of inspections and appeals.
30The director of the department of inspections and appeals
31may examine records of a licensee, including but not limited
32to corporate records and board minutes, and may inquire into
33matters concerning a licensee and its employees relating to
34requirements and standards for child foster care under this
35chapter.
-486-1 Sec. 733. Section 237.8, Code 2023, is amended to read as
2follows:
3237.8 Personnel.
41. A person shall not be allowed to provide services in a
5facility if the person has a disease which is transmissible to
6other persons through required contact in the workplace, which
7presents a significant risk of infecting other persons, which
8presents a substantial possibility of harming other persons, or
9for which no reasonable accommodation can eliminate the risk of
10infecting other persons.
112. a. (1) If a person is being considered for licensure
12under this chapter, or for employment involving direct
13responsibility for a child or in a facility where children
14reside, by a licensee under this chapter, or if a person will
15reside in a facility utilized by a licensee, and if the person
16has been convicted of a crime or has a record of founded child
17abuse, the record check evaluation system of the department
18and the licensee for an employee of the licensee shall perform
19an evaluation to determine whether the crime or founded
20child abuse warrants prohibition of licensure, employment,
21or residence in the facility. The department record check
22evaluation system shall conduct criminal and child abuse record
23checks in this state and may conduct these checks in other
24states. The evaluation shall be performed in accordance with
25procedures adopted for this purpose by the department.
26(2) If the criminal and child abuse record checks conducted
27in this state under subparagraph (1) for an individual being
28considered for licensure under this chapter, or for employment
29involving direct responsibility for a child or in a facility
30where children reside, by a licensee under this chapter, or
31for an individual who will reside in a facility utilized by
32a licensee, have been completed and the individual either
33does not have a record of crime or founded child abuse or the
34department’s record check evaluation system’s evaluation of
35the record has determined that prohibition of the individual’s
-487-1licensure or employment is not warranted, the individual may
2be provisionally approved for licensure or employment pending
3the outcome of the fingerprint-based criminal history check
4conducted pursuant to subparagraph (4).
5(3) An individual being considered for licensure under this
6chapter, or for employment involving direct responsibility for
7a child or in a facility where children reside, by a licensee
8under this chapter, or for an individual who will reside in a
9facility utilized by a licensee, shall not be granted a license
10or be employed and an evaluation shall not be performed under
11this subsection if the individual has been convicted of any of
12the following felony offenses:
13(a) Within the five-year period preceding the application
14date, a drug-related offense.
15(b) Child endangerment or neglect or abandonment of a
16dependent person.
17(c) Domestic abuse.
18(d) A crime against a child, including but not limited to
19sexual exploitation of a minor.
20(e) A forcible felony.
21(4) If an individual is being considered for licensure under
22this chapter, or for employment involving direct responsibility
23for a child or in a facility where children reside, by a
24licensee under this chapter, or if an individual will reside
25in a facility utilized by a licensee, or if an individual is
26subject to licensure under this chapter as a foster parent,
27in addition to the record checks conducted under subparagraph
28(1), the individual’s fingerprints shall be provided to the
29department of public safety for submission through the state
30criminal history repository to the United States department
31of justice, federal bureau of investigation for a national
32criminal history check. The cost of the criminal history check
33conducted under this subparagraph is the responsibility of the
34department of human services.
35(5) If the criminal and child abuse record checks conducted
-488-1in this state under subparagraph (1) for an individual being
2considered for licensure as a foster parent have been completed
3and the individual either does not have a record of crime
4or founded abuse or the department’s record check evaluation
5system’s evaluation of the record has determined that
6prohibition of the individual’s licensure is not warranted, the
7individual may be provisionally approved for licensure pending
8the outcome of the fingerprint-based criminal history check
9conducted pursuant to subparagraph (4).
10(6) An individual applying to be a foster parent licensee
11shall not be granted a license and an evaluation shall not be
12performed under this subsection if the individual has been
13convicted of any of the following felony offenses:
14(a) Within the five-year period preceding the application
15date, a drug-related offense.
16(b) Child endangerment or neglect or abandonment of a
17dependent person.
18(c) Domestic abuse.
19(d) A crime against a child, including but not limited to
20sexual exploitation of a minor.
21(e) A forcible felony.
22b. Except as otherwise provided in paragraph “a”, if the
23department record check evaluation system determines that a
24person has committed a crime or has a record of founded child
25abuse and is licensed, employed by a licensee, or resides in a
26licensed facility the department record check evaluation system
27 shall notify the licensee that an evaluation will be conducted
28to determine whether prohibition of the person’s licensure,
29employment, or residence is warranted.
30c. In an evaluation, the department record check evaluation
31system and the licensee for an employee of the licensee shall
32consider the nature and seriousness of the crime or founded
33child abuse in relation to the position sought or held, the
34time elapsed since the commission of the crime or founded child
35abuse, the circumstances under which the crime or founded
-489-1child abuse was committed, the degree of rehabilitation, the
2likelihood that the person will commit the crime or founded
3child abuse again, and the number of crimes or founded child
4abuses committed by the person involved. The department record
5check evaluation system may permit a person who is evaluated
6to be licensed, employed, or to reside, or to continue to be
7licensed, employed, or to reside in a licensed facility, if the
8person complies with the department’s record check evaluation
9system’s conditions relating to the person’s licensure,
10employment, or residence, which may include completion of
11additional training. For an employee of a licensee, these
12conditional requirements shall be developed with the licensee.
13The department record check evaluation system has final
14authority in determining whether prohibition of the person’s
15licensure, employment, or residence is warranted and in
16developing any conditional requirements under this paragraph.
17d. If the department record check evaluation system
18 determines that the person has committed a crime or has a
19record of founded child abuse which warrants prohibition of
20licensure, employment, or residence, the person shall not be
21licensed under this chapter and shall not be employed by a
22licensee or reside in a licensed facility.
233. In addition to the record checks required under
24subsection 2, the department of human services record check
25evaluation system may conduct dependent adult abuse record
26checks in this state and may conduct these checks in other
27states, on a random basis. The provisions of subsection 2,
28relative to an evaluation following a determination that a
29person has been convicted of a crime or has a record of founded
30child abuse, shall also apply to a random check conducted under
31this subsection.
324. On or after July 1, 1994, a A licensee shall inform
33all new applicants for employment of the possibility of the
34performance of a record check and shall obtain, from the
35applicant, a signed acknowledgment of the receipt of the
-490-1information.
25. On or after July 1, 1994, a A licensee shall include the
3following inquiry in an application for employment:
4Do you have a record of founded child or dependent adult abuse
5or have you ever been convicted of a crime, in this state or any
6other state?
7 Sec. 734. Section 237.13, Code 2023, is amended to read as
8follows:
9237.13 Foster home insurance fund.
101. For the purposes of this section, “foster home” means an
11individual, as defined in section 237.1, subsection 7, who is
12licensed to provide child foster care and shall also be known
13as a “licensed foster home”.
142. The foster home insurance fund shall be administered by
15the department of human services. The fund shall consist of
16all moneys appropriated by the general assembly for deposit
17in the fund. The department shall use moneys in the fund to
18provide home and property coverage for foster parents to cover
19damages to property resulting from the actions of a foster
20child residing in a foster home or to reimburse foster parents
21for the cost of purchasing foster care liability insurance and
22to perform the administrative functions necessary to carry out
23this section. The department may establish limitations of
24liability for individual claims as deemed reasonable by the
25department.
263. The department of human services shall adopt rules,
27pursuant to chapter 17A, to carry out the provisions of this
28section.
29 Sec. 735. Section 237.15, subsection 7, Code 2023, is
30amended to read as follows:
317. “Person or court responsible for the child” means the
32department, including but not limited to the department of
33health and human services, the agency, or the individual who is
34the guardian of a child by court order issued by the juvenile
35or district court and has the responsibility of the care of the
-491-1child, or the court having jurisdiction over the child.
2 Sec. 736. Section 237.16, Code 2023, is amended to read as
3follows:
4237.16 Child advocacy board — staff.
51. The child advocacy board is created within the department
6of inspections and appeals. The state board consists of nine
7members appointed by the governor, subject to confirmation
8by the senate and directly responsible to the governor. One
9member shall be an active court appointed special advocate
10volunteer, one member shall be an active member of a local
11citizen foster care review board, and one member shall be a
12judicial branch employee or judicial officer appointed from
13nominees submitted by the judicial branch. The appointment is
14for a term of four years that begins and ends as provided in
15section 69.19. Vacancies on the state board shall be filled in
16the same manner as original appointments are made.
172. The members of the state board shall annually select a
18chairperson, vice chairperson, and other officers the members
19deem necessary. The members may be entitled to receive
20reimbursement for actual and necessary expenses incurred in
21the performance of their duties, subject to available funding.
22Each member of the board may also be eligible to receive
23compensation as provided in section 7E.6. The state board
24shall meet at least twice a year.
253. An employee of the department or of the department of
26inspections and appeals, an employee of a child-placing agency,
27an employee of an agency with which the department contracts
28for services for children under foster care, a foster parent
29providing foster care, or an employee of the district court
30is not eligible to serve on the state board. However, the
31judicial branch employee or judicial officer appointed from
32nominees submitted by the judicial branch in accordance with
33subsection 1 shall be eligible to serve on the state board.
344. The department and the department of inspections and
35appeals shall jointly develop written protocols detailing the
-492-1responsibilities of each the department with regard to children
2under the purview of the state board. The protocols shall be
3reviewed by the departments department on an annual basis.
45. The director shall employ appropriate staff for the state
5board in accordance with available funding.
6 Sec. 737. Section 237.18, subsection 4, Code 2023, is
7amended by striking the subsection.
8 Sec. 738. Section 237.21, subsection 5, Code 2023, is
9amended to read as follows:
105. Members of the state board and local boards, court
11appointed special advocates, and the employees of the
12department and the department of inspections and appeals are
13subject to standards of confidentiality pursuant to sections
14217.30, 228.6, subsection 1, sections 235A.15, 600.16,
15and 600.16A. Members of the state and local boards, court
16appointed special advocates, and employees of the department
17and the department of inspections and appeals who disclose
18information or records of the board or department, other than
19as provided in subsections 2, 3, and 4, section 232.126,
20and section 237.20, subsection 2, are guilty of a simple
21misdemeanor.
22 Sec. 739. Section 237A.1, Code 2023, is amended to read as
23follows:
24237A.1 Definitions.
25As used in this chapter unless the context otherwise
26requires:
271. “Administrator” means the administrator of the division
28of the department designated by the director to administer this
29chapter.
302. 1. “Child” means either of the following:
31a. A person twelve years of age or younger.
32b. A person thirteen years of age or older but younger than
33nineteen years of age who has a developmental disability as
34defined under the federal Developmental Disabilities Assistance
35and Bill of Rights Act of 2000, Pub.L. No.106-402, as
-493-1codified in 42 U.S.C. §15002(8).
23. 2. “Child care” means the care, supervision, and
3guidance of a child by a person other than the child’s parent,
4guardian, or custodian for periods of less than twenty-four
5hours per day per child on a regular basis, but does not
6include care, supervision, and guidance of a child by any of
7the following:
8a. An instructional program for children who are attending
9prekindergarten as defined by the state board of education
10under section 256.11 or a higher grade level and are at least
11four years of age, or are at least three years of age and
12eligible for special education under chapter 256B, administered
13by any of the following:
14(1) A public or nonpublic school system accredited by the
15department of education or the state board of regents.
16(2) A nonpublic school system which is not accredited by the
17department of education or the state board of regents.
18b. Any of the following church-related programs:
19(1) An instructional program.
20(2) A youth program other than a preschool, before or after
21school child care program, or other child care program.
22(3) A program providing care to children on church premises
23while the children’s parents are attending church-related or
24church-sponsored activities on the church premises.
25c. Short-term classes of less than two weeks’ duration held
26between school terms or during a break within a school term.
27d. A child care center for sick children operated as part of
28a pediatrics unit in a hospital licensed by the department of
29inspections and appeals pursuant to chapter 135B.
30e. A program operated not more than one day per week by
31volunteers which meets all of the following conditions:
32(1) Not more than eleven children are served per volunteer.
33(2) The program operates for less than four hours during any
34twenty-four-hour period.
35(3) The program is provided at no cost to the children’s
-494-1parent, guardian, or custodian.
2f. A program administered by a political subdivision of the
3state which is primarily for recreational or social purposes
4and is limited to children who are five years of age or older
5and attending school.
6g. An after school program continuously offered throughout
7the school year calendar to children who are at least five
8years of age and are enrolled in school, and attend the program
9intermittently or a summer-only program for such children. The
10program must be provided through a nominal membership fee or
11at no cost.
12h. A special activity program which meets less than four
13hours per day for the sole purpose of the special activity.
14Special activity programs include but are not limited to music
15or dance classes, organized athletic or sports programs,
16recreational classes, scouting programs, and hobby or craft
17clubs or classes.
18i. A nationally accredited camp.
19j. A structured program for the purpose of providing
20therapeutic, rehabilitative, or supervisory services to
21children under any of the following:
22(1) A purchase of service or managed care contract with the
23department.
24(2) A contract approved by a governance board of a
25decategorization of child welfare and juvenile justice funding
26project created under section 232.188.
27(3) An arrangement approved by a juvenile court order.
28k. Care provided on-site to children of parents residing in
29an emergency, homeless, or domestic violence shelter.
30l. A child care facility providing respite care to a
31licensed foster family home for a period of twenty-four hours
32or more to a child who is placed with that licensed foster
33family home.
34m. A program offered to a child whose parent, guardian,
35or custodian is engaged solely in a recreational or social
-495-1activity, remains immediately available and accessible on the
2physical premises on which the child’s care is provided, and
3does not engage in employment while the care is provided.
4 However, if the recreational or social activity is provided
5in a fitness center or on the premises of a nonprofit
6organization, the parent, guardian, or custodian of the child
7may be employed to teach or lead the activity.
84. 3. “Child care center” or “center” means a facility
9providing child care or preschool services for seven or more
10children, except when the facility is registered as a child
11development home.
125. 4. “Child care facility” or “facility” means a child
13care center, preschool, or a registered child development home.
146. 5. “Child care home” means a person or program providing
15child care to any of the following children at any one time
16that is not registered to provide child care under this
17chapter, as authorized under section 237A.3:
18a. Five or fewer children.
19b. Six or fewer children, if at least one of the children
20is school-aged.
217. 6. “Child development home” means a person or program
22registered under section 237A.3A that may provide child care to
23seven or more children at any one time.
247. “Council” means the council on health and human services.
258. “Department” means the department of health and human
26services.
279. “Director” means the director of health and human
28services.
2910. “Infant” means a child who is less than twenty-four
30months of age.
3111. “Involvement with child care” means licensed or
32registered under this chapter, employed in a child care
33facility, residing in a child care facility, receiving public
34funding for providing child care, or providing child care as a
35child care home provider, or residing in a child care home.
-496- 112. “Licensed center” means a center issued a full or
2provisional license by the department under the provisions
3of this chapter or a center for which a license is being
4processed.
513. “Poverty level” means the poverty level defined by the
6most recently revised poverty income guidelines published by
7the United States department of health and human services.
814. “Preschool” means a child care facility which provides
9to children ages three through five, for periods of time not
10exceeding three hours per day, programs designed to help the
11children to develop intellectual skills, social skills, and
12motor skills, and to extend their interest and understanding
13of the world about them.
1415. “School” means kindergarten or a higher grade level.
1516. “State child care advisory committee” means the state
16child care advisory committee established pursuant to section
17135.173A.
18 Sec. 740. Section 237A.2, subsection 1, paragraph a, Code
192023, is amended to read as follows:
20a. An application for a license or a renewal has been filed
21with the administrator department on forms provided by the
22department.
23 Sec. 741. Section 237A.2, subsection 3, Code 2023, is
24amended to read as follows:
253. The administrator department may reduce a previously
26issued license to a provisional license or issue a provisional
27license for a period of time not to exceed one year if the
28center does not meet standards required under this section.
29A provisional license shall not be renewable in regard to
30the same standards for more than two consecutive years. A
31provisional license shall be posted in a conspicuous place
32in the center as provided in this section. If written plans
33to bring the center up to standards, giving specific dates
34for completion of work, are submitted to and approved by the
35department, the provisional license shall be renewable as
-497-1provided in this subsection.
2 Sec. 742. Section 237A.3A, subsection 3, paragraph a, Code
32023, is amended to read as follows:
4a. Three categories of standards shall be applicable to
5child development homes. The initial designations of the
6categories, which may be revised by the department, shall be
7“A”, “B”, and “C”, as ranked from less stringent standards and
8capacity to more stringent standards and capacity. The “C”
9registration category standards shall require the highest level
10of provider qualifications and allow the greatest capacity of
11the three categories. The department of human services, in
12consultation with the Iowa department of public health, shall
13adopt rules applying standards to each category specifying
14provider qualifications and training, health and safety
15requirements, capacity, amount of space available per child,
16and other minimum requirements. The capacity requirements
17shall take into consideration the provider’s own children,
18children who have a mild illness, children receiving part-time
19child care, and children served as a sibling group in overnight
20care.
21 Sec. 743. Section 237A.5, Code 2023, is amended to read as
22follows:
23237A.5 Personnel.
241. All personnel in licensed or registered facilities
25shall have good health as evidenced by a report following a
26preemployment physical examination taken within six months
27prior to beginning employment. The examination shall include
28communicable disease tests by a licensed physician as defined
29in section 135C.1 or a licensed physician assistant as defined
30in section 148C.1 and shall be repeated every three years after
31initial employment. Controlled medical conditions which would
32not affect the performance of the employee in the capacity
33employed shall not prohibit employment.
342. a. For the purposes of this section, unless the context
35otherwise requires:
-498- 1(1) “Person subject to a record check” means a person who is
2described by any of the following:
3(a) The person is being considered for licensure or
4registration or is registered or licensed under this chapter.
5(b) The person is being considered by a child care facility
6for employment involving direct responsibility for a child or
7with access to a child when the child is alone or is employed
8with such responsibilities.
9(c) The person will reside or resides in a child care
10facility.
11(d) The person has applied for or receives public funding
12for providing child care.
13(e) The person will reside or resides in a child care home
14that is not registered under this chapter but that receives
15public funding for providing child care.
16(2) “Person subject to an evaluation” means a person subject
17to a record check whose record indicates that the person has
18committed a transgression.
19(3) “Transgression” means the existence of any of the
20following in a person’s record:
21(a) Conviction of a crime.
22(b) A record of having committed founded child or dependent
23adult abuse.
24(c) Listing in the sex offender registry under chapter 692A.
25(d) A record of having committed a public or civil offense.
26(e) The department has revoked a child care facility
27registration or license due to the person’s continued or
28repeated failure to operate the child care facility in
29compliance with this chapter and rules adopted pursuant to this
30chapter.
31b. If an individual person subject to a record check is
32being considered for employment by a child care facility or
33child care home provider, in lieu of requesting a record check
34in this state to be conducted by the department record check
35evaluation system under paragraph “c”, the child care facility
-499-1or child care home may access the single contact repository
2established pursuant to section 135C.33 as necessary to conduct
3a criminal and child abuse record check of the individual
4in this state. A copy of the results of the record check
5conducted through the single contact repository shall also be
6provided to the department record check evaluation system.
7If the record check indicates the individual is a person
8subject to an evaluation, the child care facility or child care
9home may request that the department record check evaluation
10system perform an evaluation as provided in this subsection.
11Otherwise, the individual shall not be employed by the child
12care facility or child care home.
13c. Unless a record check has already been conducted in
14accordance with paragraph “b”, the department record check
15evaluation system shall conduct a criminal and child abuse
16record check in this state for a person who is subject to a
17record check and may conduct such a check in other states. In
18addition, the department record check evaluation system may
19conduct a dependent adult abuse, sex offender registry, or
20other public or civil offense record check in this state or in
21other states for a person who is subject to a record check.
22d. (1) For a person subject to a record check, in
23addition to any other record check conducted pursuant to this
24subsection, the person’s fingerprints shall be provided to the
25department of public safety for submission through the state
26criminal history repository to the United States department
27of justice, federal bureau of investigation for a national
28criminal history check. The department may adopt rules
29specifying criteria in the public interest for requiring the
30national criminal history check of a person to be repeated.
31(2) Except as otherwise provided by law, the cost of a
32national criminal history check conducted in accordance with
33subparagraph (1) and the state record checks conducted in
34accordance with paragraph “c” that are conducted in connection
35with a person’s involvement with a child care center are not
-500-1the responsibility of the department. The department is
2responsible for the cost of such checks conducted in connection
3with a person’s involvement with a child development home or
4child care home.
5(3) If record checks under paragraph “b” or “c” have been
6conducted on a person subject to a record check and the results
7do not warrant prohibition of the person’s involvement with
8child care or otherwise present protective concerns, the person
9may be involved with child care on a provisional basis until
10the record check under subparagraph (1) has been completed.
11(4) If a person subject to a record check refuses to consent
12to a record check or if the person makes what the person knows
13to be a false statement of material fact in connection with a
14record check, the person shall be prohibited from involvement
15with child care.
16e. (1) If a record check performed pursuant to this
17subsection identifies an individual as a person subject to
18an evaluation, an evaluation shall be performed to determine
19whether prohibition of the person’s involvement with child care
20is warranted. The evaluation shall be performed in accordance
21with procedures adopted for this purpose by the department.
22(2) Prior to performing an evaluation, the department
23 record check evaluation system shall notify the affected
24person, licensee, registrant, or child care home applying for
25or receiving public funding for providing child care, that an
26evaluation will be conducted to determine whether prohibition
27of the person’s involvement with child care is warranted.
28f. If a record check performed in accordance with paragraph
29“b” or “c” identifies that an individual is a person subject
30to an evaluation, the department record check evaluation
31system shall perform the evaluation in accordance with this
32subsection, even if the application which made the person
33subject to the record check is withdrawn or the circumstances
34which made the person subject to the record check are no longer
35applicable. If the department’s record check evaluation
-501-1system’s evaluation determines that prohibition of the person’s
2involvement with child care is warranted, the provisions of
3this subsection regarding such a prohibition shall apply.
4g. A person subject to a record check who is or was employed
5by a child care facility or child care home provider and
6is hired by another child care facility or child care home
7provider shall be subject to a record check in accordance
8with this subsection. However, if the person was subject
9to an evaluation because of a transgression in the person’s
10record and the evaluation determined that the transgression
11did not warrant prohibition of the person’s involvement
12with child care and the latest record checks do not indicate
13there is a transgression that was committed subsequent to
14that evaluation, the person may commence employment with the
15other child care facility or provider in accordance with the
16department’s evaluation and an exemption from any requirements
17for reevaluation of the latest record checks is authorized.
18Authorization of an exemption under this paragraph “g” from
19requirements for reevaluation of the latest record checks by
20the department record check evaluation system is subject to all
21of the following provisions:
22(1) The position with the subsequent employer is
23substantially the same or has the same job responsibilities as
24the position for which the previous evaluation was performed.
25(2) Any restrictions placed on the person’s employment
26in the previous evaluation by the department record check
27evaluation system shall remain applicable in the person’s
28subsequent employment.
29(3) The person subject to the record checks has maintained a
30copy of the previous evaluation and provides the evaluation to
31the subsequent employer or the previous employer provides the
32previous evaluation from the person’s personnel file pursuant
33to the person’s authorization. If a physical copy of the
34previous evaluation is not provided to the subsequent employer,
35the record checks shall be reevaluated.
-502- 1(4) Although an exemption under this paragraph “g” may
2be authorized, the subsequent employer may instead request a
3reevaluation of the record checks and may employ the person
4while the reevaluation is being performed.
5h. In an evaluation, the department record check evaluation
6system shall consider the nature and seriousness of the
7transgression in relation to the position sought or held, the
8time elapsed since the commission of the transgression, the
9circumstances under which the transgression was committed,
10the degree of rehabilitation, the likelihood that the person
11will commit the transgression again, and the number of
12transgressions committed by the person involved. In addition
13to record check information, the department record check
14evaluation system may utilize information from the department’s
15 record check evaluation system’s case records in performing the
16evaluation. The department record check evaluation system may
17permit a person who is evaluated to maintain involvement with
18child care, if the person complies with the department’s record
19check evaluation system’s conditions and corrective action plan
20relating to the person’s involvement with child care. The
21department record check evaluation system has final authority
22in determining whether prohibition of the person’s involvement
23with child care is warranted and in developing any conditional
24requirements and corrective action plan under this paragraph.
25i. (1) A person subject to an evaluation shall be
26prohibited from involvement with child care under any of the
27following circumstances:
28(a) The person has a record of founded child abuse or
29dependent adult abuse that was determined to be sexual abuse.
30(b) The person is listed or is required to be listed on
31any state sex offender registry or the national sex offender
32registry.
33(c) The person has committed any of the following
34felony-level offenses:
35(i) Child endangerment or neglect or abandonment of a
-503-1dependent person.
2(ii) Domestic abuse.
3(iii) A crime against a child including but not limited to
4sexual exploitation of a minor.
5(iv) A forcible felony.
6(v) Arson.
7(d) The person has a record of a misdemeanor conviction
8against a child that constitutes one of the following offenses:
9(i) Child abuse.
10(ii) Child endangerment.
11(iii) Sexual assault.
12(iv) Child pornography.
13(2) If, within five years prior to the date of application
14for registration or licensure under this chapter, for
15employment or residence in a child care facility or child care
16home, or for receipt of public funding for providing child
17care, a person subject to an evaluation has been convicted
18of a controlled substance offense or has been found to have
19committed physical abuse, the person shall be prohibited from
20involvement with child care for a period of five years from
21the date of conviction or founded abuse. After the five-year
22prohibition period, the person may submit an application for
23registration or licensure under this chapter, or to receive
24public funding for providing child care, or may request an
25evaluation, and the department record check evaluation system
26 shall perform an evaluation and, based upon the criteria in
27paragraph “h”, shall determine whether prohibition of the
28person’s involvement with child care continues to be warranted.
29j. If the department record check evaluation system
30 determines, through an evaluation of a person’s transgression,
31that the person’s prohibition of involvement with child care is
32warranted, the person shall be prohibited from involvement with
33child care. The department record check evaluation system may
34identify a period of time after which the person may request
35that another record check and evaluation be performed. A
-504-1person who continues involvement with child care in violation
2of this subsection is subject to penalty under section 237A.19
3or injunction under section 237A.20.
4k. If it has been determined that a child receiving child
5care from a child care facility or a child care home is the
6victim of founded child abuse committed by an employee,
7license or registration holder, child care home provider, or
8resident of the child care facility or child care home for
9which a report is placed in the central registry pursuant to
10section 232.71D, the administrator department shall provide
11notification at the time of the determination to the parents,
12guardians, and custodians of children receiving care from the
13child care facility or child care home. A notification made
14under this paragraph shall identify the type of abuse but shall
15not identify the victim or perpetrator or circumstances of the
16founded abuse.
173. On or after July 1, 1994, a A licensee or registrant
18shall inform all new applicants for employment of the
19possibility of the performance of a record check and shall
20obtain, from the applicant, a signed acknowledgment of the
21receipt of the information.
224. On or after July 1, 1994, a A licensee or registrant
23shall include the following inquiry in an application for
24employment:
25Do you have a record of founded child or dependent adult abuse
26or have you ever been convicted of a crime, in this state or any
27other state?
285. A person who serves as an unpaid volunteer in a child
29care facility shall not be required to complete training as a
30mandatory reporter of child abuse under section 232.69 or under
31any other requirement.
32 Sec. 744. Section 237A.6, Code 2023, is amended to read as
33follows:
34237A.6 Consultative services.
35The department shall, and the director of public health
-505-1may provide consultative services to a person applying for
2a license or registration, or licensed or registered by the
3administrator under this chapter.
4 Sec. 745. Section 237A.8, Code 2023, is amended to read as
5follows:
6237A.8 Violations — actions against license or registration.
7The administrator department, after notice and opportunity
8for an evidentiary hearing before the department of inspections
9and appeals, may suspend or revoke a license or certificate of
10registration issued under this chapter or may reduce a license
11to a provisional license if the person to whom a license or
12certificate is issued violates a provision of this chapter or
13if the person makes false reports regarding the operation of
14the child care facility to the administrator or a designee of
15the administrator department. The administrator department
16 shall notify the parent, guardian, or legal custodian of each
17child for whom the person provides child care at the time
18of action to suspend or revoke a license or certificate of
19registration.
20 Sec. 746. Section 237A.12, subsections 3 and 4, Code 2023,
21are amended to read as follows:
223. Rules relating to fire safety for child care centers
23shall be adopted under this chapter by the state fire marshal
24in consultation with the department. Rules adopted by the
25state fire marshal for a building which is owned or leased by a
26school district or accredited nonpublic school and used as a
27child care facility shall not differ from standards adopted by
28the state fire marshal for school buildings under chapter 100.
29Rules relating to sanitation shall be adopted by the department
30in consultation with the director of public health. All rules
31shall be developed in consultation with the state child care
32advisory committee. The state fire marshal shall inspect the
33facilities.
344. If a building is owned or leased by a school district
35or accredited nonpublic school and complies with standards
-506-1adopted by the state fire marshal for school buildings under
2chapter 100, the building is considered appropriate for use by
3a child care facility. The rules adopted by the administrator
4 department under this section shall not require the facility
5to comply with building requirements which differ from
6requirements for use of the building as a school.
7 Sec. 747. Section 237A.14, subsection 4, Code 2023, is
8amended to read as follows:
94. The department of human services shall adopt rules
10pursuant to chapter 17A in accordance with this section.
11 Sec. 748. Section 237A.23, subsection 1, Code 2023, is
12amended to read as follows:
131. The departments department and the department of
14education, public health, and human services shall jointly
15establish a leadership council for child care training and
16development in this state. In addition to representatives of
17the three departments, the leadership council shall include
18but is not limited to representatives of community colleges,
19institutions of higher learning under the state board of
20regents and private institutions of higher education, the
21Iowa cooperative extension service in agriculture and home
22economics, and child care resource and referral service
23agencies.
24 Sec. 749. Section 237A.25, subsection 1, Code 2023, is
25amended to read as follows:
261. The department shall develop consumer information
27material to assist parents in selecting a child care provider.
28In developing the material, the department shall consult with
29department of human services staff, department of education
30staff, the state child care advisory committee, the early
31childhood Iowa state board, and child care resource and
32referral services. In addition, the department may consult
33with other entities at the local, state, and national level.
34 Sec. 750. Section 237A.29, subsection 2, paragraph b,
35unnumbered paragraph 1, Code 2023, is amended to read as
-507-1follows:
2A child care provider that has been found by the department
3of inspections and appeals in an administrative proceeding
4or in a judicial proceeding to have obtained, or has agreed
5to entry of a civil judgment or judgment by confession that
6includes a conclusion of law that the child care provider has
7obtained, by fraudulent means, public funding for provision of
8child care in an amount equal to or in excess of the minimum
9amount for a fraudulent practice in the second degree under
10section 714.10, subsection 1, paragraph “a”, shall be subject
11to sanction in accordance with this subsection. Such child
12care provider shall be subject to a period during which receipt
13of public funding for provision of child care is conditioned
14upon no further violations and to one or more of the following
15sanctions as determined by the department of human services:
16 Sec. 751. Section 237A.30, subsection 1, Code 2023, is
17amended to read as follows:
181. The department shall work with the early childhood Iowa
19office in the department of management program established in
20section 256I.5 and the state child care advisory committee in
21designing and implementing a voluntary quality rating system
22for each provider type of child care facility.
23 Sec. 752. Section 237C.1, Code 2023, is amended to read as
24follows:
25237C.1 Definitions.
26As used in this chapter, unless the context otherwise
27requires:
281. “Administrator” means the administrator of that division
29of the department designated by the director of human services
30to administer this chapter or the administrator’s designee.
312. 1. “Child” or “children” means an individual or
32individuals under eighteen years of age.
333. 2. “Children’s residential facility” means a private
34facility designed to serve children who have been voluntarily
35placed for reasons other than an exclusively recreational
-508-1activity outside of their home by a parent or legal guardian
2and who are not under the custody or authority of the
3department of human services, juvenile court, or another
4governmental agency, that provides twenty-four-hour care,
5including food, lodging, supervision, education, or other care
6on a full-time basis by a person other than a relative or
7guardian of the child, but does not include an entity providing
8any of the following:
9a. Care furnished by an individual who receives the child of
10a personal friend as an occasional and personal guest in the
11individual’s home, free of charge and not as a business.
12b. Care furnished by an individual with whom a child has
13been placed for lawful adoption, unless that adoption is not
14completed within two years after placement.
15c. Child care furnished by a child care facility as defined
16in section 237A.1.
17d. Care furnished in a hospital licensed under chapter
18135B or care furnished in a health care facility as defined in
19section 135C.1.
20e. Care furnished by a juvenile detention home or juvenile
21shelter care home approved under section 232.142.
22f. Care furnished by a child foster care facility licensed
23under chapter 237.
24g. Care furnished by an institution listed in section 218.1.
25h. Care furnished by a facility licensed under chapter 125.
26i. Care furnished by a psychiatric medical institution for
27children licensed under chapter 135H.
284. 3. “Department” means the department of health and human
29services.
304. “Director” means the director of health and human
31services.
32 Sec. 753. Section 237C.3, subsection 1, Code 2023, is
33amended to read as follows:
341. The department of human services shall consult with the
35department of education, and the department of inspections
-509-1and appeals, the department of public health, the state fire
2marshal, and other agencies as determined by the department
3of human services to establish certification standards for
4children’s residential facilities in accordance with this
5chapter.
6 Sec. 754. Section 237C.4, subsection 3, Code 2023, is
7amended to read as follows:
83. Rules governing sanitation, water, and waste disposal
9standards for children’s residential facilities shall be
10adopted by the department of human services in consultation
11with the director of public health.
12 Sec. 755. Section 237C.4, subsection 7, unnumbered
13paragraph 1, Code 2023, is amended to read as follows:
14Prior to establishing, proposing, adopting, or modifying a
15standard or rule under section 237C.3, this section, or section
16282.34, the department of human services or the department of
17education, as applicable, shall, at a minimum, do all of the
18following:
19 Sec. 756. Section 237C.5, Code 2023, is amended to read as
20follows:
21237C.5 Certificate of approval — certification required.
22A person shall not operate a children’s residential facility
23without a certificate of approval to operate issued by the
24administrator department under this chapter.
25 Sec. 757. Section 237C.6, subsections 1 and 3, Code 2023,
26are amended to read as follows:
271. A person shall apply for a certificate to operate a
28children’s residential facility by completing and submitting
29to the administrator department an application in a form
30and format approved by the administrator department. The
31administrator department shall issue or reissue a certificate
32of approval if the administrator department determines that
33the applicant is or upon commencing operation will provide
34children’s residential facility services in compliance with
35this chapter. A certificate of approval is valid for up to one
-510-1year from the date of issuance for the period determined by
2the administrator department in accordance with administrative
3rules providing criteria for making the determination.
43. The administrator department may deny an application
5for issuance or reissuance of a certificate of approval or
6suspend or revoke a certificate of approval if the applicant
7or certificate holder, as applicable, fails to comply with
8this chapter or the rules adopted pursuant to this chapter or
9knowingly makes a false statement concerning a material fact or
10conceals a material fact on the application for the issuance
11or reissuance of a certificate of approval or in a report
12regarding operation of the children’s residential facility
13submitted to the administrator department. All operations of a
14children’s residential facility shall cease during a period of
15suspension or revocation. The administrator department shall
16suspend or revoke a certificate of approval of a children’s
17residential facility that fails to comply with section 282.34.
18 Sec. 758. Section 237C.8, Code 2023, is amended to read as
19follows:
20237C.8 Reports and inspections.
21The administrator department may require submission of
22reports by a certificate of approval holder and shall cause
23at least one annual unannounced inspection of a children’s
24residential facility to assess compliance with applicable
25requirements and standards. The inspections shall be conducted
26by the department of inspections and appeals in addition to
27initial, renewal, and other inspections that result from
28complaints or self-reported incidents. The department of
29inspections and appeals and the department of human services
30 may examine records of a children’s residential facility and
31may inquire into matters concerning the children’s residential
32facility and its employees, volunteers, and subcontractors
33relating to requirements and standards for children’s
34residential facilities under this chapter.
35 Sec. 759. Section 238.1, Code 2023, is amended to read as
-511-1follows:
2238.1 Definitions.
3For the purpose of this chapter unless the context otherwise
4requires:
51. “Administrator” means the administrator of the division
6of child and family services of the department of human
7services.
82. 1. “Child” means the same as defined in section 234.1.
93. 2. “Child-placing agency” or “agency” means any agency,
10whether public, semipublic, or private, which represents that
11the agency places children permanently or temporarily in
12private family homes or receives children for placement in
13private family homes, or which actually engages for gain or
14otherwise in the placement of children in private family homes.
15“Agency” includes individuals, institutions, partnerships,
16voluntary associations, and corporations, other than
17institutions under the management or control of the department.
183. “Council” means the council on health and human services.
194. “Department” means the department of health and human
20services.
215. “Director” means the director of health and human
22services.
234. “Person” or “agency” shall include individuals,
24institutions, partnerships, voluntary associations, and
25corporations, other than institutions under the management or
26control of any division or any administrator of the department
27of human services.
285. “State division” means the same as defined in section
29234.1.
30 Sec. 760. Section 238.3, Code 2023, is amended to read as
31follows:
32238.3 Authority to license.
33The administrator department may grant a license under this
34chapter for the period specified in section 238.9 for the
35conduct operation of any a child-placing agency in this state.
-512-1 Sec. 761. Section 238.4, Code 2023, is amended to read as
2follows:
3238.4 Granting of license conditional.
4No such A license shall not be issued under this chapter
5 unless the person applying shall have shown applicant shows
6 that the person applicant and the person’s applicant’s agents
7are properly equipped by training and experience to find and
8select suitable temporary or permanent homes for children and
9to supervise such the homes when in which the children are
10placed in them, to the end that safeguard the health, morality,
11and general well-being of the children placed by them shall be
12properly safeguarded.
13 Sec. 762. Section 238.5, Code 2023, is amended to read as
14follows:
15238.5 License required.
16No A person shall conduct not operate a child-placing
17agency or solicit or receive funds for its the support of a
18child-placing agency without an unrevoked license issued by the
19administrator department within the preceding twelve months
20preceding to conduct such agency.
21 Sec. 763. Section 238.6, Code 2023, is amended to read as
22follows:
23238.6 Form of license.
24The license shall state the name of the licensee and the
25particular premises in which the business agency may be carried
26on operated.
27 Sec. 764. Section 238.7, Code 2023, is amended to read as
28follows:
29238.7 Posting of license.
30Such A license shall be kept posted in a conspicuous place on
31the licensed premises.
32 Sec. 765. Section 238.8, Code 2023, is amended to read as
33follows:
34238.8 Record of license.
35A record of the licenses so issued by the department under
-513-1this chapter shall be kept maintained by the administrator
2 department.
3 Sec. 766. Section 238.10, Code 2023, is amended to read as
4follows:
5238.10 Revocation of license.
6The administrator department may, after due notice and
7hearing, revoke the license if any of the following applies:
81. In case the person to whom the same is issued The
9licensee violates any provision of this chapter.
102. When in the opinion of the administrator such the
11 agency is maintained in such a way as to waste or misuse funds
12contributed by the public or without due regard to sanitation
13or hygiene or to the health, comfort, or well-being of the
14child cared for or placed by the agency.
153. In case of violation by the The licensee or the
16licensee’s agents of violate any law of the state in a manner
17disclosing moral turpitude or unfitness to maintain such the
18 agency.
194. In case any such The agency is conducted operated by a
20person of ill repute or bad moral character.
215. In case said The agency operates in persistent violation
22of the reasonable regulations of the administrator governing
23such agencies.
24 Sec. 767. Section 238.11, Code 2023, is amended to read as
25follows:
26238.11 Written charges — findings — notice.
27Written charges against the licensee shall be served upon
28the licensee at least ten days before a hearing shall be had
29thereon on the charges and a written copy of the findings
30and decisions of the administrator upon department following
31the hearing shall be served upon the licensee in the manner
32prescribed for the service of original notice in civil actions.
33 Sec. 768. Section 238.12, Code 2023, is amended to read as
34follows:
35238.12 Appeal — judicial review.
-514- 11. Any A licensee feeling aggrieved by any a decision of
2the administrator department revoking the licensee’s license
3may appeal to the council on human services in the manner of
4form prescribed by such the council. The council shall, upon
5receipt of such an appeal, give the licensee reasonable notice
6and opportunity for a fair hearing before such the council
7or its duly authorized representative or representatives.
8Following such the hearing the council on human services shall
9take its final action and notify the licensee in writing.
102. Judicial review of the actions of the council may be
11sought in accordance with the terms of the Iowa administrative
12procedure Act, chapter 17A.
13 Sec. 769. Section 238.16, Code 2023, is amended to read as
14follows:
15238.16 Rules and regulations.
16It shall be the duty of the administrator to provide such
17 The department shall prescribe general regulations and rules
18for the conduct of all such child-placing agencies as shall be
19 necessary to effect the purposes of this chapter and of all
20other applicable laws of the state relating to children so far
21as the same are applicable, and to safeguard the well-being of
22children placed or cared for by such agencies.
23 Sec. 770. Section 238.17, Code 2023, is amended to read as
24follows:
25238.17 Forms for registration and record — preservation and
26maintenance.
271. The administrator department shall prescribe forms for
28the registration and record of persons children cared for by
29any child-placing agency licensed under this chapter and for
30reports required by said administrator the department from the
31agencies.
322. If, for any reason, a child-placing agency as defined
33by section 238.1 shall cease ceases to exist, all records of
34registration and placement and all other records of any kind
35and character kept maintained by such the child-placing agency
-515-1shall be turned over to the administrator department, for
2preservation, to be kept preserved and maintained by the said
3administrator department as a permanent record.
4 Sec. 771. Section 238.18, Code 2023, is amended to read as
5follows:
6238.18 Duty of licensee.
71. A child-placing agency licensed under this chapter shall
8keep maintain a record and make reports in the form to be
9 prescribed by the administrator department.
102. For a child being placed by the agency, the agency’s
11duties shall include compliance with the requirements of
12section 232.108 relating to visitation or ongoing interaction
13between the child and the child’s siblings.
14 Sec. 772. Section 238.19, Code 2023, is amended to read as
15follows:
16238.19 Inspection generally.
17Authorized employees of the department of inspections and
18appeals may inspect the premises and conditions of the agency
19at any time, and examine every part of the agency;, and may
20 inquire into all matters concerning the agency and the children
21in the care of the agency.
22 Sec. 773. Section 238.22, Code 2023, is amended to read as
23follows:
24238.22 Licensee to aid inspection.
25The licensees A licensee shall give provide all reasonable
26information to such inspectors authorized under this chapter
27 and afford them the inspectors every reasonable facility means
28 for obtaining pertinent information.
29 Sec. 774. Section 238.24, Code 2023, is amended to read as
30follows:
31238.24 Information confidential — exceptions.
321. Except as authorized by this section, a person who
33acquires under this chapter or from the records provided for in
34this chapter, information relative to any agency, or relative
35to any individual cared for by the agency, or relative to any
-516-1 relative of the individual, shall not directly or indirectly
2disclose the information.
32. Disclosure of information acquired under this chapter
4or from the records provided for in this chapter is authorized
5under any of the following circumstances:
6a. Disclosure made upon inquiry before a court of law,
7or before some other tribunal, or for the information of the
8governor, general assembly, medical examiners, administrator,
9Iowa department of public health director, or the local board
10of health in the jurisdiction where the agency is located.
11b. Disclosure may be made by the administrator director to
12proper persons as may be in the interest of a child cared for by
13the agency or in the interest of the child’s parents or foster
14parents and not inimical to the child, or as may be necessary
15to protect the interests of the child’s prospective foster
16parents. However, disclosure of termination and adoption
17records shall be governed by the provisions of sections 600.16
18and 600.16A.
19c. Disclosure for purposes of statistical analysis performed
20by duly authorized persons of data collected under this chapter
21or the publication of the results of such analysis in such
22manner as will not disclose confidential information.
23 Sec. 775. Section 238.31, Code 2023, is amended to read as
24follows:
25238.31 Inspection of foster homes.
26The administrator department shall be satisfied ensure that
27each licensed child-placing agency is maintaining maintains
28 proper standards in its work, and said administrator may at
29any time cause the child and home in which the child has been
30placed to be visited by the administrator’s director’s agents
31for the purpose of ascertaining whether the home is a suitable
32one for the child, and may continue to visit and inspect the
33foster home and the conditions therein in the foster home as
34they affect said the child.
35 Sec. 776. Section 238.32, Code 2023, is amended to read as
-517-1follows:
2238.32 Authority to agencies.
3Any institution incorporated under the laws of this state
4or maintained for the purpose of caring for, placing out for
5adoption, or otherwise improving the condition of unfortunate
6children may, under the conditions An agency as specified
7in this chapter and when licensed in accordance with the
8provisions of this chapter may do any of the following:
91. Receive children in need of assistance, or delinquent
10 children who are under eighteen years of age, under commitment
11from found to have committed a delinquent act by the juvenile
12court, and control and dispose of them provide for the
13disposition of the children subject to the provisions of
14chapter 232 and chapter 600A.
152. Receive, control, and dispose and provide for the
16disposition of all minor children voluntarily surrendered to
17such institutions the agency.
18 Sec. 777. Section 238.42, Code 2023, is amended to read as
19follows:
20238.42 Agreement in child placements.
21Every An agency placing a child in a foster home shall enter
22into a written agreement with the person taking the child,
23which. The agreement shall provide that the agency placing the
24child shall have access at all reasonable times to such the
25 child and to the home in which the child is living, and for the
26return of the child by the person taking may remove the child
27from the home whenever, in the opinion of the agency placing
28such child, or in the opinion of the administrator department,
29removal is in the best interests of the child shall require it.
30 Sec. 778. Section 238.45, Code 2023, is amended to read as
31follows:
32238.45 Penalty.
33Every A person who violates any of the provisions provision
34 of this chapter or who intentionally shall make makes any false
35statements or reports to the administrator with reference to
-518-1the matters contained herein department relative to a provision
2of this chapter, shall be is guilty of a fraudulent practice.
3 Sec. 779. Section 239A.2, unnumbered paragraph 1, Code
42023, is amended to read as follows:
5The department of workforce development, in consultation
6with the director of health and human services, shall establish
7a procedure for assignment of persons referred under section
8239A.1 to positions available in public works projects. The
9department of workforce development shall arrange with units of
10local government for establishment of such projects, which may
11include any type of work or endeavor that is within the scope
12of authority of the unit of local government involved so long
13as the project meets the following requirements:
14 Sec. 780. Section 239B.1, subsection 4, Code 2023, is
15amended to read as follows:
164. “Department” means the department of health and human
17services.
18 Sec. 781. Section 239B.1, Code 2023, is amended by adding
19the following new subsection:
20 NEW SUBSECTION. 4A. “Director” means the director of health
21and human services.
22 Sec. 782. Section 239B.2, subsection 6, Code 2023, is
23amended to read as follows:
246. Cooperation with child support requirements. The
25department shall provide for prompt notification of the
26department’s child support recovery unit services if assistance
27is provided to a child whose parent is absent from the home.
28An applicant or participant shall cooperate with the child
29support recovery unit services and the department as provided
30in 42 U.S.C. §608(a)(2) unless the applicant or participant
31qualifies for good cause or other exception as determined
32by the department in accordance with the best interest of
33the child, parent, or specified relative, and with standards
34prescribed by rule. The authorized good cause or other
35exceptions shall include participation in a family investment
-519-1agreement safety plan option to address or prevent family or
2domestic violence and other consideration given to the presence
3of family or domestic violence. If a specified relative with
4whom a child is residing fails to comply with these cooperation
5requirements, a sanction shall be imposed as defined by rule in
6accordance with state and federal law.
7 Sec. 783. Section 239B.8, subsection 6, Code 2023, is
8amended to read as follows:
96. Confidential information disclosure. If approved by
10the director of human services or the director’s designee
11pursuant to a written request, the department shall disclose
12confidential information described in section 217.30,
13subsection 2, to other state agencies or to any other entity
14which is not subject to the provisions of chapter 17A and is
15providing services to a participant family who is subject to
16a family investment agreement, if necessary in order for the
17participant family to receive the services. The department
18shall adopt rules establishing standards for disclosure of
19confidential information if disclosure is necessary in order
20for a participant to receive services.
21 Sec. 784. Section 239B.9, subsection 1, paragraph a, Code
222023, is amended to read as follows:
23a. If a participant responsible for signing and fulfilling
24the terms of a family investment agreement, as defined by the
25director of human services in accordance with section 239B.8,
26chooses not to sign or fulfill the terms of the agreement, the
27participant’s family, or the individual participant shall enter
28into a limited benefit plan. Initial actions in a written
29statement under section 239B.2, subsection 4, which were
30committed to by a participant during the application period
31and which commitment remains in effect, shall be considered to
32be a term of the participant’s family investment agreement.
33A limited benefit plan shall apply for the period of time
34specified in this section. The first month of the limited
35benefit plan is the first month after the month in which timely
-520-1and adequate notice of the limited benefit plan is given to the
2participant as defined by the director of human services. The
3elements of a limited benefit plan shall be specified in the
4department’s rules.
5 Sec. 785. Section 239B.9, subsection 3, paragraphs a and c,
6Code 2023, are amended to read as follows:
7a. A participant who does not establish an orientation
8appointment with the JOBS program or who fails to keep or
9reschedule an orientation appointment shall receive a reminder
10letter which informs the participant that those who do not
11attend orientation have elected to choose a limited benefit
12plan. A participant who chooses not to respond to the reminder
13letter within ten calendar days from the mailing date shall
14receive notice establishing the effective date of the limited
15benefit plan. If a participant is deemed to have chosen a
16limited benefit plan, timely and adequate notice provisions, as
17determined by the director of human services, shall apply.
18c. A participant who has signed a family investment
19agreement but then chooses a limited benefit plan under
20circumstances defined by the director of human services.
21 Sec. 786. Section 239B.12, Code 2023, is amended to read as
22follows:
23239B.12 Immunization.
241. To the extent feasible, the department shall determine
25the immunization status of children receiving assistance under
26this chapter. The status shall be determined in accordance
27with the immunization recommendations adopted by the Iowa
28department of public health under section 139A.8, including the
29exemption provisions in section 139A.8, subsection 4. If the
30department determines a child is not in compliance with the
31immunization recommendations, the department shall refer the
32child’s parent or guardian to a local public health agency for
33immunization services for the child and other members of the
34child’s family.
352. The department of human services shall cooperate with the
-521-1Iowa department of public health to establish an interagency
2agreement allowing the sharing of pertinent client data, as
3permitted under federal law and regulation, for the purposes
4of determining determine immunization rates of participants,
5evaluating evaluate family investment program efforts to
6encourage immunizations, and developing develop strategies to
7further encourage immunization of participants.
8 Sec. 787. Section 239B.16, Code 2023, is amended to read as
9follows:
10239B.16 Appeal — judicial review.
11If an applicant’s application is not acted upon within
12a reasonable time, if it is denied in whole or in part, or
13if a participant’s assistance or other benefits under this
14chapter are modified, suspended, or canceled under a provision
15of this chapter, the applicant or participant may appeal to
16the department of human services which shall request the
17department of inspections and appeals to conduct a hearing.
18Upon completion of a hearing, the department of inspections
19and appeals shall issue a decision which is subject to review
20by the department of human services. Judicial review of the
21actions of the department of human services may be sought in
22accordance with chapter 17A. Upon receipt of a notice of
23the filing of a petition for judicial review, the department
24of human services shall furnish the petitioner with a copy
25of any papers filed in support of the petitioner’s position,
26a transcript of any testimony taken, and a copy of the
27department’s decision.
28 Sec. 788. Section 239B.17, subsection 1, Code 2023, is
29amended to read as follows:
301. Program established. The promoting independence and
31self-sufficiency through employment job opportunities and basic
32skills program is established for applicants and participants
33of the family investment program. The requirements of the
34JOBS program shall vary as provided in the family investment
35agreement applicable to a family. The department of workforce
-522-1development, economic development authority, department of
2education, and all other state, county, and public educational
3agencies and institutions providing vocational rehabilitation,
4adult education, or vocational or technical training shall
5assist and cooperate in the JOBS program. The departments,
6agencies, and institutions shall make agreements and
7arrangements for maximum cooperation and use of all available
8resources in the program. The department of human services
9 may contract with the department of workforce development, the
10economic development authority, or another appropriate entity
11to provide JOBS program services.
12 Sec. 789. Section 241.1, Code 2023, is amended to read as
13follows:
14241.1 Definitions.
15As used in this chapter, unless the context otherwise
16requires:
171. “Department” means the department of health and human
18services.
192. “Director” means the director of health and human
20services.
211. 3. “Displaced homemaker” means an individual who meets
22all of the following criteria:
23a. Has worked principally in the home providing unpaid
24household services for family members.
25b. Is not gainfully employed.
26c. Has had, or would apparently have, difficulty finding
27appropriate paid employment.
28d. Has been dependent on the income of another family
29member but is no longer supported by that income, is or has
30been dependent on government assistance, or is supported as the
31parent of a child who is sixteen or seventeen years of age.
322. “Department” means the department of human services.
333. “Director” means the director of the department of human
34services.
35 Sec. 790. Section 241.3, subsection 2, Code 2023, is amended
-523-1to read as follows:
22. The department shall consult and cooperate with the
3department of workforce development, the United States
4commissioner of social security administration, the office on
5the status of women of the department of human rights, the
6department of education, and other persons in the executive
7branch of the state government as the department considers
8appropriate to facilitate the coordination of multipurpose
9service programs established under this chapter with existing
10programs of a similar nature.
11 Sec. 791. Section 249.1, Code 2023, is amended to read as
12follows:
13249.1 Definitions.
14As used in this chapter:
151. “Council” means the council on health and human services.
161. 2. “Department” means the department of health and human
17services.
182. 3. “Director” means the director of health and human
19services.
203. 4. “Federal supplemental security income” means cash
21payments made to individuals by the United States government
22under Tit.XVI of the Social Security Act as amended by Pub.L.
23No.92-603, or any other amendments thereto.
244. 5. “Previous categorical assistance programs” means the
25aid to the blind program authorized by chapter 241, the aid to
26the disabled program authorized by chapter 241A and the old-age
27assistance program authorized by chapter 249, Code 1973.
285. 6. “State supplementary assistance” means cash payments
29made to individuals:
30a. By the United States government on behalf of the state of
31Iowa pursuant to section 249.2.
32b. By the state of Iowa directly pursuant to sections 249.3
33through 249.5.
34 Sec. 792. Section 249.4, subsection 1, Code 2023, is amended
35to read as follows:
-524- 11. Applications for state supplementary assistance shall be
2made in the form and manner prescribed by the director or the
3director’s designee, with the approval of the council on human
4services, pursuant to chapter 17A. Each person who so applies
5and is found eligible under section 249.3 shall, so long as the
6person’s eligibility continues, receive state supplementary
7assistance on a monthly basis, from funds appropriated to the
8department for the purpose.
9 Sec. 793. Section 249.5, Code 2023, is amended to read as
10follows:
11249.5 Judicial review.
12If an application is not acted upon within a reasonable
13time, if it is denied in whole or in part, or if an award
14of assistance is modified, suspended, or canceled under a
15provision of this chapter, the applicant or recipient may
16appeal to the department of human services, which shall
17request the department of inspections and appeals to conduct
18a hearing. Upon completion of a hearing, the department of
19inspections and appeals shall issue a decision which is subject
20to review by the department of human services. Judicial
21review of the actions of the department of human services
22 may be sought in accordance with chapter 17A. Upon receipt
23of the petition for judicial review, the department of human
24services shall furnish the petitioner with a copy of any
25papers filed by the petitioner in support of the petitioner’s
26position, a transcript of any testimony taken, and a copy of
27the department’s decision.
28 Sec. 794. Section 249.8, Code 2023, is amended to read as
29follows:
30249.8 Cancellation of warrants.
31The director of the department of administrative services,
32as of January, April, July, and October 1 of each year, shall
33stop payment on and issue duplicates of all state supplementary
34assistance warrants which have been outstanding and unredeemed
35by the treasurer of state for six months or longer. No A bond
-525-1of indemnity shall not be required for the issuance of such
2 the duplicate warrants which shall be canceled immediately by
3the director of the department of administrative services. If
4the original warrants are subsequently presented for payment,
5warrants in lieu thereof of the original warrants shall be
6issued by the director of the department of administrative
7services at the discretion of and upon certification by the
8director of human services or the director’s designee.
9 Sec. 795. Section 249.11, subsection 2, Code 2023, is
10amended to read as follows:
112. The department of inspections and appeals shall conduct
12investigations and audits as deemed necessary to ensure
13compliance with state supplementary assistance programs
14administered under this chapter. The department of inspections
15and appeals shall cooperate with the department of human
16services on the development of procedures relating to such
17investigations and audits to ensure compliance with federal and
18state single state agency requirements.
19 Sec. 796. Section 249.12, subsections 1 and 2, Code 2023,
20are amended to read as follows:
211. In order to assure that the necessary data is available
22to aid the general assembly to determine appropriate funding
23for the custodial care program, the department of human
24services shall develop a cost-related system for financial
25supplementation to individuals who need custodial care and who
26have insufficient resources to purchase the care needed.
272. All privately operated licensed custodial facilities in
28Iowa shall cooperate with the department of human services to
29develop the cost-related plan.
30 Sec. 797. Section 249A.2, subsections 1 and 2, Code 2023,
31are amended to read as follows:
321. “Department” means the department of health and human
33services.
342. “Director” means the director of health and human
35services.
-526-1 Sec. 798. Section 249A.4, subsection 10, paragraph c,
2subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
3to read as follows:
4A nursing facility that utilizes the supplementation option
5and receives supplementation under this subsection during any
6calendar year shall report to the department of human services
7 annually, by January 15, the following information for the
8preceding calendar year:
9 Sec. 799. Section 249A.4, subsection 11, Code 2023, is
10amended to read as follows:
1111. Shall provide an opportunity for a fair hearing before
12the department of inspections and appeals to an individual
13whose claim for medical assistance under this chapter is
14denied or is not acted upon with reasonable promptness. Upon
15completion of a hearing, the department of inspections and
16appeals shall issue a decision which is subject to review by
17the department of human services. Judicial review of the
18decisions of the department of human services may be sought in
19accordance with chapter 17A. If a petition for judicial review
20is filed, the department of human services shall furnish the
21petitioner with a copy of the application and all supporting
22papers, a transcript of the testimony taken at the hearing, if
23any, and a copy of its decision.
24 Sec. 800. Section 249A.4B, Code 2023, is amended to read as
25follows:
26249A.4B Medical assistance advisory council.
271. A medical assistance advisory council is created to
28comply with 42 C.F.R. §431.12 based on section 1902(a)(4) of
29the federal Social Security Act and to advise the director
30about health and medical care services under the medical
31assistance program. The council shall meet no more than
32quarterly. The director of director’s designee responsible
33for public health or their designee and a public member of the
34council selected by the public members of the council shall
35serve as co-chairpersons of the council.
-527- 12. a. The council shall consist of the following voting
2members:
3(1) Five professional or business entity members selected
4by the entities specified pursuant to subsection 3, paragraph
5“a”.
6(2) Five public members appointed pursuant to subsection 3,
7paragraph “b”. Of the five public members, at least one member
8shall be a recipient of medical assistance.
9b. The council shall include all of the following nonvoting
10members:
11(1) The director of public health, or the director’s
12designee responsible for public health or their designee.
13(2) The director of the department on aging, or the
14director’s designee.
15(3) (2) The long-term care ombudsman, or the long-term care
16ombudsman’s designee.
17(4) (3) The dean of Des Moines university — college of
18 osteopathic medical center medicine, or the dean’s designee.
19(5) (4) The dean of the university of Iowa college of
20medicine, or the dean’s designee.
21(6) (5) A member of the hawk-i Hawki board created in
22section 514I.5, selected by the members of the hawk-i Hawki
23 board.
24(7) (6) The following members of the general assembly, each
25for a term of two years as provided in section 69.16B:
26(a) Two members of the house of representatives, one
27appointed by the speaker of the house of representatives
28and one appointed by the minority leader of the house of
29representatives from their respective parties.
30(b) Two members of the senate, one appointed by the
31president of the senate after consultation with the majority
32leader of the senate and one appointed by the minority leader
33of the senate.
343. The voting membership of the council shall be selected
35or appointed as follows:
-528- 1a. The five professional or business entity members shall
2be selected by the entities specified under this paragraph
3“a”. The five professional or business entity members selected
4shall be the president, or the president’s representative,
5of the professional or business entity, or a member of the
6professional or business entity, designated by the entity.
7(1) The Iowa medical society.
8(2) The Iowa osteopathic medical association.
9(3) The Iowa academy of family physicians.
10(4) The Iowa chapter of the American academy of pediatrics.
11(5) The Iowa physical therapy association.
12(6) The Iowa dental association.
13(7) The Iowa nurses association.
14(8) The Iowa pharmacy association.
15(9) The Iowa podiatric medical society.
16(10) The Iowa optometric association.
17(11) The Iowa association of community providers.
18(12) The Iowa psychological association.
19(13) The Iowa psychiatric society.
20(14) The Iowa chapter of the national association of social
21workers.
22(15) The coalition for family and children’s services in
23Iowa.
24(16) The Iowa hospital association.
25(17) The Iowa association of rural health clinics.
26(18) The Iowa primary care association.
27(19) Free clinics of Iowa.
28(20) The opticians’ association of Iowa, inc.
29(21) The Iowa association of hearing health professionals.
30(22) The Iowa speech and hearing association.
31(23) The Iowa health care association.
32(24) The Iowa association of area agencies on aging.
33(25) AARP.
34(26) The Iowa caregivers association.
35(27) Leading age Iowa.
-529- 1(28) The Iowa association for home care.
2(29) The Iowa council of health care centers.
3(30) The Iowa physician assistant society.
4(31) The Iowa association of nurse practitioners.
5(32) The Iowa nurse practitioner society.
6(33) The Iowa occupational therapy association.
7(34) The ARC of Iowa, formerly known as the association for
8retarded citizens of Iowa.
9(35) The national alliance on mental illness.
10(36) The Iowa state association of counties.
11(37) The Iowa developmental disabilities council.
12(38) The Iowa chiropractic society.
13(39) The Iowa academy of nutrition and dietetics.
14(40) The Iowa behavioral health association.
15(41) The midwest association for medical equipment services
16or an affiliated Iowa organization.
17b. The five public members shall be public representatives
18which may include members of consumer groups, including
19recipients of medical assistance or their families, consumer
20organizations, and others, appointed by the governor for
21staggered terms of two years each, none of whom shall be
22members of, or practitioners of, or have a pecuniary interest
23in any of the professional or business entities specifically
24represented under paragraph “a”.
254. Based upon the deliberations of the council, the council
26shall make recommendations to the director regarding the
27budget, policy, and administration of the medical assistance
28program.
295. For each council meeting, other than those held during
30the time the general assembly is in session, each legislative
31member of the council shall be reimbursed for actual travel
32and other necessary expenses and shall receive a per diem as
33specified in section 7E.6 for each day in attendance, as shall
34the members of the council who are recipients or the family
35members of recipients of medical assistance, regardless of
-530-1whether the general assembly is in session.
26. The department shall provide staff support and
3independent technical assistance to the council.
47. The director shall consider the recommendations offered
5by the council in the director’s preparation of medical
6assistance budget recommendations to the council on health and
7 human services pursuant to section 217.3 and in implementation
8of medical assistance program policies.
9 Sec. 801. Section 249A.11, Code 2023, is amended to read as
10follows:
11249A.11 Payment for patient care segregated.
12A state resource center or mental health institute, upon
13receipt of any payment made under this chapter for the care of
14any patient, shall segregate an amount equal to that portion of
15the payment which is required by law to be made from nonfederal
16funds. The money segregated shall be deposited in the medical
17assistance fund of the department of human services.
18 Sec. 802. Section 249A.12, subsection 5, paragraph b, Code
192023, is amended to read as follows:
20b. The department of human services shall seek federal
21approval to amend the home and community-based services waiver
22for persons with an intellectual disability to include day
23habilitation services. Inclusion of day habilitation services
24in the waiver shall take effect upon receipt of federal
25approval.
26 Sec. 803. Section 249A.15A, subsection 4, Code 2023, is
27amended to read as follows:
284. The department shall adopt rules pursuant to chapter 17A
29entitling alcohol and drug counselors who are certified by the
30nongovernmental Iowa board of substance abuse certification to
31payment for behavioral health services provided to recipients
32of medical assistance, subject to limitations and exclusions
33the department finds necessary on the basis of federal laws and
34regulations.
35 Sec. 804. Section 249A.21, subsection 9, Code 2023, is
-531-1amended to read as follows:
29. The department of human services may procure a sole
3source contract to implement the provisions of this section.
4 Sec. 805. Section 249A.24, subsection 2, unnumbered
5paragraph 1, Code 2023, is amended to read as follows:
6In addition to any other duties prescribed, the commission
7shall make recommendations to the council on health and human
8services regarding strategies to reduce state expenditures
9for prescription drugs under the medical assistance program
10excluding provider reimbursement rates. The commission shall
11make initial recommendations to the council by October 1, 2002.
12 Following approval of any recommendation by the council on
13health and human services, the department shall include the
14approved recommendation in a notice of intended action under
15chapter 17A and shall comply with chapter 17A in adopting
16any rules to implement the recommendation. The department
17shall seek any federal waiver necessary to implement any
18approved recommendation. The strategies to be considered for
19recommendation by the commission shall include at a minimum all
20of the following:
21 Sec. 806. Section 249A.26, subsection 2, paragraph a, Code
222023, is amended to read as follows:
23a. Except as provided for disallowed costs in section
24249A.27, the state shall pay one hundred percent of the
25nonfederal share of the cost of case management provided to
26adults, day treatment, and partial hospitalization provided
27under the medical assistance program for persons with an
28intellectual disability, a developmental disability, or
29chronic mental illness. For purposes of this section, persons
30with mental disorders resulting from Alzheimer’s disease
31or a substance-related substance use disorder shall not be
32considered to be persons with chronic mental illness.
33 Sec. 807. Section 249A.29, Code 2023, is amended to read as
34follows:
35249A.29 Home and community-based services waiver providers
-532-1— records checks.
21. For purposes of this section and section 249A.30 unless
3the context otherwise requires:
4a. “Consumer” means an individual approved by the department
5to receive services under a waiver.
6b. “Provider” means an agency certified by the department to
7provide services under a waiver.
8c. “Waiver” means a home and community-based services waiver
9approved by the federal government and implemented under the
10medical assistance program.
112. If a person is being considered by a provider for
12employment involving direct responsibility for a consumer or
13with access to a consumer when the consumer is alone, and
14if the person has been convicted of a crime or has a record
15of founded child or dependent adult abuse, the record check
16evaluation system of the department shall perform an evaluation
17to determine whether the crime or founded abuse warrants
18prohibition of employment by the provider. The department
19 record check evaluation system shall conduct criminal and child
20and dependent adult abuse records checks of the person in
21this state and may conduct these checks in other states. The
22records checks and evaluations required by this section shall
23be performed in accordance with procedures adopted for this
24purpose by the department.
253. If the department record check evaluation system
26 determines that a person employed by a provider has committed
27a crime or has a record of founded abuse, the department
28 record check evaluation system shall perform an evaluation to
29determine whether prohibition of the person’s employment is
30warranted.
314. In an evaluation, the department record check evaluation
32system shall consider the nature and seriousness of the crime
33or founded abuse in relation to the position sought or held,
34the time elapsed since the commission of the crime or founded
35abuse, the circumstances under which the crime or founded abuse
-533-1was committed, the degree of rehabilitation, the likelihood
2that the person will commit the crime or founded abuse again,
3and the number of crimes or founded abuses committed by the
4person involved. The department record check evaluation
5system may permit a person who is evaluated to be employed
6or to continue to be employed by the provider if the person
7complies with the department’s record check evaluation system’s
8 conditions relating to the employment, which may include
9completion of additional training.
105. If the department record check evaluation system
11 determines that the person has committed a crime or has
12a record of founded abuse which warrants prohibition of
13employment, the person shall not be employed by a provider.
14 Sec. 808. Section 249A.32B, Code 2023, is amended to read
15as follows:
16249A.32B Early and periodic screening, diagnosis, and
17treatment funding.
18The department of human services, in consultation with
19the Iowa department of public health and the department of
20education, shall continue the program to utilize the early and
21periodic screening, diagnosis, and treatment program funding
22under the medical assistance program, to the extent possible,
23to implement the screening component of the early and periodic
24screening, diagnosis, and treatment program through the
25schools. The department may enter into contracts to utilize
26maternal and child health centers, the public health nursing
27program, or school nurses in implementing this section.
28 Sec. 809. Section 249A.33, subsection 1, Code 2023, is
29amended to read as follows:
301. A pharmaceutical settlement account is created in
31the state treasury under the authority of the department of
32human services. Moneys received from settlements relating
33to provision of pharmaceuticals under the medical assistance
34program shall be deposited in the account.
35 Sec. 810. Section 249A.37, subsection 1, paragraph a, Code
-534-12023, is amended to read as follows:
2a. Provide, with respect to individuals who are eligible
3for or are provided medical assistance under the state’s
4medical assistance state plan, upon the request of the state,
5information to determine during what period the individual or
6the individual’s spouse or dependents may be or may have been
7covered by a health insurer and the nature of the coverage that
8is or was provided by the health insurer, including the name,
9address, and identifying number of the plan, in accordance
10with section 505.25, in a manner prescribed by the department
11of human services or as agreed upon by the department and the
12entity specified in this section.
13 Sec. 811. Section 249A.37, subsection 2, Code 2023, is
14amended to read as follows:
152. The department of human services may adopt rules pursuant
16to chapter 17A as necessary to implement this section. Rules
17governing the exchange of information under this section shall
18be consistent with all laws, regulations, and rules relating
19to the confidentiality or privacy of personal information or
20medical records, including but not limited to the federal
21Health Insurance Portability and Accountability Act of 1996,
22Pub.L. No.104-191, and regulations promulgated in accordance
23with that Act and published in 45 C.F.R. pts.160 – 164.
24 Sec. 812. Section 249A.48, Code 2023, is amended to read as
25follows:
26249A.48 Temporary moratoria.
271. The Iowa Medicaid enterprise program shall impose a
28temporary moratorium on the enrollment of new providers or
29provider types identified by the centers for Medicare and
30Medicaid services of the United States department of health
31and human services as posing an increased risk to the medical
32assistance Medicaid program.
33a. This section shall not be interpreted to require the
34Iowa Medicaid enterprise program to impose a moratorium if the
35Iowa Medicaid enterprise program determines that imposition
-535-1of a temporary moratorium would adversely affect access of
2recipients to medical assistance services.
3b. If the Iowa Medicaid enterprise program makes a
4determination as specified in paragraph “a”, the Iowa Medicaid
5enterprise program shall notify the centers for Medicare and
6Medicaid services of the United States department of health and
7human services in writing.
82. The Iowa Medicaid enterprise program may impose a
9temporary moratorium on the enrollment of new providers, or
10impose numerical caps or other limits that the Iowa Medicaid
11enterprise program and the centers for Medicare and Medicaid
12services identify as having a significant potential for fraud,
13waste, or abuse.
14a. Before implementing the moratorium, caps, or other
15limits, the Iowa Medicaid enterprise program shall determine
16that its action would not adversely impact access by recipients
17to medical assistance Medicaid services.
18b. The Iowa Medicaid enterprise program shall notify, in
19writing, the centers for Medicare and Medicaid services, if the
20Iowa Medicaid enterprise program seeks to impose a moratorium
21under this subsection, including all of the details of the
22moratorium. The Iowa Medicaid enterprise program shall receive
23approval from the centers for Medicare and Medicaid services
24prior to imposing a moratorium under this subsection.
253. a. The Iowa Medicaid enterprise program shall impose any
26moratorium for an initial period of six months.
27b. If the Iowa Medicaid enterprise program determines that
28it is necessary, the Iowa Medicaid enterprise program may
29extend the moratorium in six-month increments. Each time a
30moratorium is extended, the Iowa Medicaid enterprise program
31 shall document, in writing, the necessity for extending the
32moratorium.
33 Sec. 813. Section 249A.50, subsection 2, Code 2023, is
34amended to read as follows:
352. The department of inspections and appeals shall conduct
-536-1investigations and audits as deemed necessary to ensure
2compliance with the medical assistance program administered
3under this chapter. The department of inspections and appeals
4shall cooperate with the department of human services on the
5development of procedures relating to such investigations and
6audits to ensure compliance with federal and state single state
7agency requirements.
8 Sec. 814. Section 249B.1, subsection 4, Code 2023, is
9amended to read as follows:
104. “Department” means the department of health and human
11services.
12 Sec. 815. Section 249F.1, Code 2023, is amended to read as
13follows:
14249F.1 Definitions.
15As used in this chapter, unless the context otherwise
16requires:
171. “Department” means the department of health and human
18services.
191. 2. “Medical assistance” means “mandatory medical
20assistance”, “optional medical assistance”, “discretionary
21medical assistance”, or “Medicare cost sharing” as each is
22defined in section 249A.2 which is provided to an individual
23pursuant to chapter 249A and Tit.XIX of the federal Social
24Security Act.
252. 3. a. “Transfer of assets” means any transfer or
26assignment of a legal or equitable interest in property, as
27defined in section 702.14, from a transferor to a transferee
28for less than fair consideration, made while the transferor
29is receiving medical assistance or within five years prior to
30application for medical assistance by the transferor. Any
31such transfer or assignment is presumed to be made with the
32intent, on the part of the transferee; transferor; or another
33person acting on behalf of a transferor who is an actual or
34implied agent, guardian, attorney-in-fact, or person acting as
35a fiduciary, of enabling the transferor to obtain or maintain
-537-1eligibility for medical assistance or of impacting the recovery
2or payment of a medical assistance debt. This presumption
3is rebuttable only by clear and convincing evidence that
4the transferor’s eligibility or potential eligibility for
5medical assistance or the impact on the recovery or payment
6of a medical assistance debt was no part of the reason of
7the transferee; transferor; or other person acting on behalf
8of a transferor who is an actual or implied agent, guardian,
9attorney-in-fact, or person acting as a fiduciary for making
10or accepting the transfer or assignment. A transfer of assets
11includes a transfer of an interest in the transferor’s home,
12domicile, or land appertaining to such home or domicile
13while the transferor is receiving medical assistance, unless
14otherwise exempt under paragraph “b”.
15b. However, transfer of assets does not include the
16following:
17(1) Transfers to or for the sole benefit of the
18transferor’s spouse, including a transfer to a spouse by an
19institutionalized spouse pursuant to section 1924(f)(1) of the
20federal Social Security Act.
21(2) Transfers to or for the sole benefit of the transferor’s
22child who is blind or has a disability as defined in section
231614 of the federal Social Security Act.
24(3) Transfer of a dwelling, which serves as the transferor’s
25home as defined in 20 C.F.R. §416.1212, to a child of the
26transferor under twenty-one years of age.
27(4) Transfer of a dwelling, which serves as the transferor’s
28home as defined in 20 C.F.R. §416.1212, after the transferor is
29institutionalized, to either of the following:
30(a) A sibling of the transferor who has an equity interest
31in the dwelling and who was residing in the dwelling for a
32period of at least one year immediately prior to the date the
33transferor became institutionalized.
34(b) A child of the transferor who was residing in the
35dwelling for a period of at least two years immediately prior
-538-1to the date the transferor became institutionalized and who
2provided care to the transferor which permitted the transferor
3to reside at the dwelling rather than in an institution or
4facility.
5(5) Transfers of less than two thousand dollars. However,
6all transfers by the same transferor during the five-year
7period prior to application for medical assistance by the
8transferor shall be aggregated. If a transferor transfers
9property to more than one transferee during the five-year
10period prior to application for medical assistance by the
11transferor, the two thousand dollar exemption shall be divided
12equally between the transferees.
13(6) Transfers of assets that would, at the time of the
14transferor’s application for medical assistance, have been
15exempt from consideration as a resource if retained by the
16transferor, pursuant to 42 U.S.C. §1382b(a), as implemented
17by regulations adopted by the secretary of the United States
18department of health and human services, excluding the home and
19land appertaining to the home.
20(7) Transfers to a trust established solely for the benefit
21of the transferor’s child who is blind or permanently and
22totally disabled as defined in the federal Social Security Act,
23section 1614, as codified in 42 U.S.C. §1382c.
24(8) Transfers to a trust established solely for the benefit
25of an individual under sixty-five years of age who is disabled,
26as defined in the federal Social Security Act, section 1614, as
27codified in 42 U.S.C. §1382c.
283. 4. “Transferee” means the person who receives a transfer
29of assets.
304. 5. “Transferor” means the person who makes a transfer
31of assets.
32 Sec. 816. Section 249F.2, Code 2023, is amended to read as
33follows:
34249F.2 Creation of debt.
35A transfer of assets creates a debt due and owing to the
-539-1department of human services from the transferee in an amount
2equal to medical assistance provided to or on behalf of the
3transferor, on or after the date of the transfer of assets, but
4not exceeding the fair market value of the assets at the time
5of the transfer.
6 Sec. 817. Section 249F.3, Code 2023, is amended to read as
7follows:
8249F.3 Notice of debt — failure to respond — hearing —
9order.
101. The department of human services may issue a notice
11establishing and demanding payment of an accrued or accruing
12debt due and owing to the department of human services as
13provided in section 249F.2. The notice shall be sent by
14restricted certified mail as defined in section 618.15, to
15the transferee at the transferee’s last known address. If
16service of the notice is unable to be completed by restricted
17certified mail, the notice shall be served upon the transferee
18in accordance with the rules of civil procedure. The notice
19shall include all of the following:
20a. The amount of medical assistance provided to the
21transferor to date which creates the debt.
22b. A computation of the debt due and owing.
23c. A demand for immediate payment of the debt.
24d. (1) A statement that if the transferee desires to
25discuss the notice, the transferee, within ten days after
26being served, may contact the department of human services and
27request an informal conference.
28(2) A statement that if a conference is requested, the
29transferee has until ten days after the date set for the
30conference or until twenty days after the date of service of
31the original notice, whichever is later, to send a request for
32a hearing to the department of human services.
33(3) A statement that after the holding of the conference,
34the department of human services may issue a new notice to
35be sent to the transferee by first-class mail addressed to
-540-1the transferee at the transferee’s last known address, or if
2applicable, to the transferee’s attorney at the last known
3address of the transferee’s attorney.
4(4) A statement that if the department of human services
5 issues a new notice, the transferee has until ten days after
6the date of mailing of the new notice or until twenty days
7after the date of service of the original notice, whichever is
8later, to send a request for a hearing to the department of
9human services.
10e. A statement that if the transferee objects to all or any
11part of the original notice and no conference is requested, the
12transferee has until twenty days after the date of service of
13the original notice to send a written response setting forth
14any objections and requesting a hearing to the department of
15human services.
16f. A statement that if a timely written request for a
17hearing is received by the department of human services, the
18transferee has the right to a hearing to be held in district
19court as provided in section 249F.4; and that if no timely
20written request for hearing is received, the department of
21human services will enter an order in accordance with the
22latest notice.
23g. A statement that as soon as the order is entered, the
24property of the transferee is subject to collection action,
25including but not limited to wage withholding, garnishment,
26attachment of a lien, or execution.
27h. A statement that the transferee must notify the
28department of human services of any change of address or
29employment.
30i. A statement that if the transferee has any questions
31concerning the transfer of assets, the transferee should
32contact the department of human services or consult an
33attorney.
34j. Other information as the department of human services
35 finds appropriate.
-541- 12. If a timely written request for hearing is received by
2the department of human services, a hearing shall be held in
3district court.
43. If a timely written request for hearing is not received
5by the department of human services, the department may enter
6an order in accordance with the latest notice, and the order
7shall specify all of the following:
8a. The amount to be paid with directions as to the manner
9of payment.
10b. The amount of the debt accrued and accruing in favor of
11the department of human services.
12c. Notice that the property of the transferee is subject
13to collection action, including but not limited to wage
14withholding, garnishment, attachment of a lien, and execution.
154. The transferee shall be sent a copy of the order
16by first-class mail addressed to the transferee at the
17transferee’s last known address, or if applicable, to the
18transferee’s attorney at the last known address of the
19transferee’s attorney. The order is final, and action by the
20department of human services to enforce and collect upon the
21order may be taken from the date of the issuance of the order.
22 Sec. 818. Section 249F.4, subsections 1 and 3, Code 2023,
23are amended to read as follows:
241. If a timely written request for a hearing is received,
25the department of human services shall certify the matter to
26the district court in the county where the transferee resides.
273. The department of human services may also request a
28hearing on its own motion regarding the determination of a
29debt, at any time prior to entry of an administrative order.
30 Sec. 819. Section 249F.5, subsections 1 and 2, Code 2023,
31are amended to read as follows:
321. A true copy of an order entered by the department of
33human services pursuant to this chapter, along with a true
34copy of the return of service, if applicable, may be filed in
35the office of the clerk of the district court in the county
-542-1in which the transferee resides or, if the transferee resides
2in another state, in the office of the district court in the
3county in which the transferor resides.
42. The department of human services order shall be
5presented, ex parte, to the district court for review and
6approval. Unless defects appear on the face of the order or on
7the attachments, the district court shall approve the order.
8The approved order shall have all force, effect, and attributes
9of a docketed order or decree of the district court.
10 Sec. 820. Section 249F.7, Code 2023, is amended to read as
11follows:
12249F.7 Administration.
13As provided in this chapter, the establishment of a debt
14for medical assistance due to transfer of assets shall
15be administered by the department of human services. All
16administrative discretion in the administration of this chapter
17shall be exercised by the department of human services, and any
18state administrative rules implementing or interpreting this
19chapter shall be adopted by the department of human services.
20 Sec. 821. Section 249K.2, Code 2023, is amended to read as
21follows:
22249K.2 Definitions.
23As used in this chapter, unless the context otherwise
24requires:
251. “Complete replacement” means completed construction on
26a new nursing facility to replace an existing licensed and
27certified facility. The replacement facility shall be located
28in the same geographical service area as the facility that is
29replaced and shall have the same number or fewer licensed beds
30than the original facility.
312. “Department” means the department of health and human
32services.
333. “Iowa Medicaid enterprise” means Iowa Medicaid enterprise
34as defined in section 135D.2.
354. 3. “Major renovations” means construction or facility
-543-1improvements to a nursing facility in which the total amount
2expended exceeds seven hundred fifty thousand dollars.
35. 4. “Medical assistance”, or “medical assistance program”,
4or “Medicaid program” means the medical assistance program
5created pursuant to chapter 249A.
66. 5. “New construction” means the construction of a new
7nursing facility which does not replace an existing licensed
8and certified facility and requires the provider to obtain a
9certificate of need pursuant to chapter 135, subchapter VI.
107. 6. “Nondirect care component” means the portion of
11the reimbursement rate under the medical assistance program
12attributable to administrative, environmental, property, and
13support care costs reported on the provider’s financial and
14statistical report.
158. 7. “Nursing facility” means a nursing facility as
16defined in section 135C.1.
179. 8. “Provider” means a current or future owner or
18operator of a nursing facility that provides medical assistance
19program services.
2010. 9. “Rate determination letter” means the letter that
21is distributed quarterly by the Iowa Medicaid enterprise
22 program to each nursing facility, which is based on previously
23submitted financial and statistical reports from each nursing
24facility.
25 Sec. 822. Section 249K.3, subsection 2, paragraphs a and e,
26Code 2023, are amended to read as follows:
27a. The provider shall submit a written request for instant
28relief to the Iowa Medicaid enterprise program explaining the
29nature, timing, and goals of the project and the time period
30during which the relief is requested. The written request
31shall clearly state if the provider is also requesting the
32nondirect care limit exception. The written request for
33instant relief shall be submitted no earlier than thirty days
34prior to the placement of the provider’s assets in service.
35The written request for relief shall provide adequate details
-544-1to calculate the estimated value of relief including but not
2limited to the total cost of the project, the estimated annual
3depreciation expenses using generally accepted accounting
4principles, the estimated useful life based upon existing
5medical assistance and Medicare provisions, and a copy of the
6most current depreciation schedule. If interest expenses are
7included, a copy of the general terms of the debt service and
8the estimated annual amount of the interest expenses shall be
9submitted with the written request for relief.
10e. During the period in which instant relief is granted, the
11Iowa Medicaid enterprise program shall recalculate the value of
12the instant relief based on allowable costs and patient days
13reported on the annual financial and statistical report. For
14purposes of calculating the per diem relief, total patient
15days shall be the greater of actual annual patient days or
16eighty-five percent of the facility’s licensed capacity. The
17actual value of relief shall be added to the nondirect care
18component for the relevant period, not to exceed one hundred
19ten percent of the nondirect care median for the relevant
20period or not to exceed one hundred twenty percent of the
21nondirect care median for the relevant period if the nondirect
22care limit exception is requested and granted. The provider’s
23quarterly rates for the relevant period shall be retroactively
24adjusted to reflect the revised nondirect care rate. All
25claims with dates of service from the date that instant relief
26is granted to the date that the instant relief is terminated
27shall be repriced to reflect the actual value of the instant
28relief per diem utilizing a mass adjustment.
29 Sec. 823. Section 249K.5, subsections 1 and 3, Code 2023,
30are amended to read as follows:
311. The Iowa Medicaid enterprise program shall administer
32this chapter. The department of human services shall adopt
33rules, pursuant to chapter 17A, to administer this chapter.
343. In addition to any other factors to be considered in
35determining if a provider is eligible to participate under this
-545-1chapter, the Iowa Medicaid enterprise program shall consider
2all of the following:
3a. The history of the provider’s regulatory compliance.
4b. The historical access to nursing facility services for
5medical assistance program beneficiaries.
6c. The provider’s dedication to and participation in quality
7of care, considering all quality programs in which the provider
8has participated.
9d. The provider’s plans to facilitate person-directed care.
10e. The provider’s plans to facilitate dementia units and
11specialty post-acute services.
12 Sec. 824. Section 249L.2, subsection 1, Code 2023, is
13amended to read as follows:
141. “Department” means the department of health and human
15services.
16 Sec. 825. Section 249M.2, subsection 2, Code 2023, is
17amended to read as follows:
182. “Department” means the department of health and human
19services.
20 Sec. 826. Section 249M.4, subsection 5, paragraph b,
21subparagraph (2), Code 2023, is amended to read as follows:
22(2) The projected expenditures for participating hospitals
23for the fiscal year beginning July 1, 2010, as determined by
24the fiscal management division of the department, plus the
25amount calculated under subparagraph (1).
26 Sec. 827. Section 249N.2, subsections 4, 5, and 14, Code
272023, are amended to read as follows:
284. “Department” means the department of health and human
29services.
305. “Director” means the director of health and human
31services.
3214. “Medical assistance program”, “Medicaid program”, or
33“Medicaid” means the program paying all or part of the costs of
34care and services provided to an individual pursuant to chapter
35249A and Tit.XIX of the federal Social Security Act.
-546-1 Sec. 828. Section 249N.5, subsection 2, paragraph a, Code
22023, is amended to read as follows:
3a. For members whose household income is at or below one
4hundred percent of the federal poverty level, the plan shall be
5administered by the Iowa Medicaid enterprise program consistent
6with program administration applicable to individuals under
7section 249A.3, subsection 1.
8 Sec. 829. Section 251.1, Code 2023, is amended to read as
9follows:
10251.1 Definitions.
11As used in this chapter:
121. “Administrator” means the administrator of the division
13of adult, children, and family services of the department of
14human services.
152. 1. “Division” or “state division” “Department” means
16the division of adult, children, and family services of the
17 department of health and human services.
182. “Director” means the director of health and human
19services.
20 Sec. 830. Section 251.2, Code 2023, is amended to read as
21follows:
22251.2 Administration of emergency relief.
23The state division department, in addition to all other
24powers and duties given it the department by law, shall be is
25 charged with the supervision and administration of all funds
26coming into the hands of received by the state now or hereafter
27provided for emergency relief.
28 Sec. 831. Section 251.3, Code 2023, is amended to read as
29follows:
30251.3 Powers and duties.
31The administrator director shall have the power to do all of
32the following:
331. Appoint such personnel as may be necessary for the
34efficient discharge of the duties imposed upon on the
35administrator in the administration of emergency relief,
-547-1 director and to make such rules and regulations as the
2administrator deems necessary or advisable covering relating
3to the administrator’s director’s activities and those of the
4service area advisory boards created under section 217.43,
5concerning emergency relief.
62. Join and cooperate with the government of the
7United States, or any of its appropriate agencies or
8instrumentalities, in any proper emergency relief activity.
93. Make such reports of budget estimates to the governor
10and to the general assembly as are required by law, or are
11 as necessary and proper to obtain appropriations of funds
12necessary for emergency relief purposes and for all the
13purposes of this chapter.
144. Determine the need for funds in the various counties of
15the state basing such determination upon the amount of money
16needed in the various counties to provide adequate emergency
17 relief, and upon the counties’ financial inability to provide
18such relief from county funds. The administrator director may
19administer said state funds belonging to the state within the
20various counties of the state to supplement local funds as
21needed.
225. Make such reports, obtain and furnish such information
23from time to time as may be required by the governor, by the
24general assembly, or by any other proper appropriate state or
25federal office or agency, state or federal, and make an annual
26report of its the department’s emergency relief activities.
27 Sec. 832. Section 251.4, Code 2023, is amended to read as
28follows:
29251.4 Grants from state funds to counties.
30The state division department may require as a condition
31of making available state assistance available to counties
32for emergency relief purposes, that the county boards of
33supervisors shall establish budgets as needed in respect to the
34relief situation in the counties.
35 Sec. 833. Section 251.5, Code 2023, is amended to read as
-548-1follows:
2251.5 Duties of the service area advisory board.
3A service area The advisory board created in section 217.43
4shall perform the following activities for any county in
5the board’s service area counties represented on the board
6 concerning emergency relief:
71. Cooperate with a county’s board of supervisors in all
8matters pertaining to administration of relief.
92. At the request of a county’s board of supervisors,
10prepare requests for grants of state funds.
113. At the request of a county’s board of supervisors,
12administer county relief funds.
134. In a county receiving grants of state funds upon approval
14of the director of the department of administrative services
15and the county’s board of supervisors, administer both state
16and county relief funds.
175. Perform other duties as may be prescribed by the
18administrator department and a county’s board of supervisors.
19 Sec. 834. Section 251.6, Code 2023, is amended to read as
20follows:
21251.6 County supervisors to determine emergency relief and
22work projects.
23The county board of supervisors shall supervise
24administration of emergency relief, and shall determine the
25minimum amount of relief required for each person or family,
26which persons are employable, and whether and under what
27conditions persons receiving emergency relief may be employed
28by the county.
29 Sec. 835. Section 251.7, Code 2023, is amended to read as
30follows:
31251.7 County appointees to act as executive officers.
32The county board of supervisors may appoint an individual a
33person to serve as the executive officer of the service area
34 advisory board in all matters pertaining to relief for that
35county.
-549-1 Sec. 836. Section 252.26, Code 2023, is amended to read as
2follows:
3252.26 General assistance director.
4The board of supervisors in each county shall appoint or
5designate a general assistance director for the county, who
6shall have the powers and duties conferred by this chapter.
7In counties of one hundred thousand or less population, the
8county board may designate as general assistance director an
9employee of the state department of health and human services
10who is assigned to work in that county and is directed by the
11director of health and human services, pursuant to an agreement
12with the county board, to exercise the functions and duties
13of general assistance director in that county. The general
14assistance director shall receive as compensation an amount to
15be determined by the county board.
16 Sec. 837. Section 252.33, Code 2023, is amended to read as
17follows:
18252.33 Application for assistance.
19A person may make application for assistance to a member
20of the board of supervisors, or to the general assistance
21director of the county where the person is. If application
22is made to the general assistance director and that officer
23is satisfied that the applicant is in a state of want which
24requires assistance at the public expense, the general
25assistance director may afford temporary assistance, subject to
26the approval of the board of supervisors, as the necessities
27of the person require and shall immediately report the case to
28the board of supervisors, who may continue or deny assistance,
29as they find cause.
30 Sec. 838. Section 252.37, Code 2023, is amended to read as
31follows:
32252.37 Appeal to supervisors.
33If a poor person, on application to the general assistance
34director, is refused the required assistance, the applicant
35may appeal to the board of supervisors, who, upon examination
-550-1into the matter, may order the general assistance director to
2provide assistance, or who may direct specific assistance.
3 Sec. 839. Section 252A.2, subsections 7 and 8, Code 2023,
4are amended to read as follows:
57. “Petitioner” includes each dependent person for whom
6support is sought in a proceeding instituted pursuant to
7this chapter or a mother or putative father of a dependent.
8However, in an action brought by the child support recovery
9unit services, the state is the petitioner.
108. “Petitioner’s representative” includes counsel of a
11dependent person for whom support is sought and counsel for a
12mother or putative father of a dependent. In an action brought
13by the child support recovery unit services, “petitioner’s
14representative” includes a county attorney, state’s attorney
15and any other public officer, by whatever title the officer’s
16public office may be known, charged by law with the duty of
17instituting, maintaining, or prosecuting a proceeding under
18this chapter or under the laws of the state.
19 Sec. 840. Section 252A.3A, subsections 3, 4, 7, 10, 12, and
2013, Code 2023, are amended to read as follows:
213. a. Prior to or at the time of completion of an affidavit
22of paternity, written and oral information about paternity
23establishment, developed by the child support recovery unit
24 services created in section 252B.2, shall be provided to the
25mother and putative father. Video or audio equipment may be
26used to provide oral information.
27b. The information provided shall include a description
28of parental rights and responsibilities, including the duty
29to provide financial support for the child, the benefits of
30establishing paternity, and the alternatives to and legal
31consequences of signing an affidavit of paternity, including
32the rights available if a parent is a minor.
33c. Copies of the written information shall be made
34available by the child support recovery unit services or the
35Iowa department of public health and human services to those
-551-1entities where an affidavit of paternity may be obtained as
2provided under subsection 4.
34. a. The affidavit of paternity form developed and used by
4the Iowa department of public health and human services is the
5only affidavit of paternity form recognized for the purpose of
6establishing paternity under this section. It shall include
7the minimum requirements specified by the secretary of the
8United States department of health and human services pursuant
9to 42 U.S.C. §652(a)(7). A properly completed affidavit of
10paternity form developed by the Iowa department of public
11 health and human services and existing on or after July 1,
121993, but which is superseded by a later affidavit of paternity
13form developed by the Iowa department of public health and
14human services, shall have the same legal effect as a paternity
15affidavit form used by the Iowa department of public health and
16human services on or after July 1, 1997, regardless of the date
17of the filing and registration of the affidavit of paternity,
18unless otherwise required under federal law.
19b. The form shall be available from the state registrar,
20each county registrar, the child support recovery unit
21 services, and any institution in the state.
22c. The Iowa department of public health and human services
23 shall make copies of the form available to the entities
24identified in paragraph “b” for distribution.
257. The state registrar shall make copies of affidavits
26of paternity and identifying information from the affidavits
27filed and registered pursuant to this section available to the
28 child support recovery unit services created under section
29252B.2 in accordance with section 144.13, subsection 4, and any
30subsequent rescission form which rescinds the affidavit.
3110. a. An institution may be reimbursed by the child
32support recovery unit services created in section 252B.2 for
33providing the services described under subsection 9, or may
34provide the services at no cost.
35b. An institution electing reimbursement shall enter into a
-552-1written agreement with the child support recovery unit services
2 for this purpose.
3c. An institution entering into an agreement for
4reimbursement shall assist the parents of a child born out of
5wedlock in completing and filing an affidavit of paternity.
6d. Reimbursement shall be based only on the number of
7affidavits completed in compliance with this section and
8submitted to the state registrar during the duration of
9the written agreement with the child support recovery unit
10 services.
11e. The reimbursement rate is twenty dollars for each
12completed affidavit filed with the state registrar.
1312. a. A completed affidavit of paternity may be rescinded
14by registration by the state registrar of a completed and
15notarized rescission form signed by either the mother or
16putative father who signed the affidavit of paternity that the
17putative father is not the father of the child. The completed
18and notarized rescission form shall be filed with the state
19registrar for the purpose of registration prior to the earlier
20of the following:
21(1) Sixty days after the latest notarized signature of the
22mother or putative father on the affidavit of paternity.
23(2) Entry of a court order pursuant to a proceeding in this
24state to which the signatory is a party relating to the child,
25including a proceeding to establish a support order under this
26chapter, chapter 252C, 252F, 598, or 600B or other law of this
27state.
28b. Unless the state registrar has received and registered an
29order as provided in section 252A.3, subsection 10, paragraph
30“a”, which legally establishes paternity, upon registration
31of a timely rescission form the state registrar shall remove
32the father’s information from the certificate of birth, and
33shall send a written notice of the rescission to the last known
34address of the signatory of the affidavit of paternity who did
35not sign the rescission form.
-553- 1c. The Iowa department of public health and human services
2 shall develop a rescission form and an administrative process
3for rescission. The form shall be the only rescission form
4recognized for the purpose of rescinding a completed affidavit
5of paternity. A completed rescission form shall include the
6signature of a notary public attesting to the identity of
7the party signing the rescission form. The Iowa department
8of public health and human services shall adopt rules which
9establish a fee, based upon the average administrative cost, to
10be collected for the registration of a rescission.
11d. If an affidavit of paternity has been rescinded under
12this subsection, the state registrar shall not register any
13subsequent affidavit of paternity signed by the same mother and
14putative father relating to the same child.
1513. The child Child support recovery unit services may
16enter into a written agreement with an entity designated by the
17secretary of the United States department of health and human
18services to offer voluntary paternity establishment services.
19a. The agreement shall comply with federal requirements
20pursuant to 42 U.S.C. §666(a)(5)(C) including those regarding
21notice, materials, training, and evaluations.
22b. The agreement may provide for reimbursement of the entity
23by the state if reimbursement is permitted by federal law.
24 Sec. 841. Section 252A.5, subsections 2 and 3, Code 2023,
25are amended to read as follows:
262. Whenever the state or a political subdivision thereof of
27the state furnishes support to a dependent, it the political
28subdivision of the state has the same right through proceedings
29instituted by the petitioner’s representative to invoke
30the provisions hereof of this section as the dependent to
31whom the support was furnished, for the purpose of securing
32reimbursement of expenditures so made and of obtaining
33continuing support; the petition in such case may be verified
34by any official having knowledge of such expenditures without
35further verification of any person and consent of the dependent
-554-1shall not be required in order to institute proceedings under
2this chapter. The child Child support recovery unit services
3 may bring the action based upon a statement of a witness,
4regardless of age, with knowledge of the circumstances,
5including, but not limited to, statements by the mother of the
6dependent or a relative of the mother or the putative father.
73. If the child support recovery unit services is providing
8services, the unit child support services has the same right
9to invoke the provisions of this section as the dependent for
10which support is owed for the purpose of securing support. The
11petition in such case may be verified by any official having
12knowledge of the request for services by the unit child support
13services, without further verification by any other person,
14and consent of the dependent shall not be required in order
15to institute proceedings under this chapter. The child Child
16 support recovery unit services may bring the action based upon
17the statement of a witness, regardless of age, with knowledge
18of the circumstances, including, but not limited to, statements
19by the mother of the dependent or a relative of the mother or
20the putative father.
21 Sec. 842. Section 252A.13, subsections 1 and 3, Code 2023,
22are amended to read as follows:
231. If public assistance is provided by the department of
24health and human services to or on behalf of a dependent child
25or a dependent child’s caretaker, there is an assignment by
26operation of law to the department of any and all rights in,
27title to, and interest in any support obligation, payment, and
28arrearages owed to or on behalf of the child or caretaker not
29to exceed the amount of public assistance paid for or on behalf
30of the child or caretaker as follows:
31a. For family investment program assistance, section 239B.6
32shall apply.
33b. For foster care services, section 234.39 shall apply.
34c. For medical assistance, section 252E.11 shall apply.
353. The clerk shall furnish the department with copies of
-555-1all orders or decrees awarding and temporary domestic abuse
2orders addressing support when the parties are receiving public
3assistance or services are otherwise provided by the child
4support recovery unit services. Unless otherwise specified
5in the order, an equal and proportionate share of any child
6support awarded is presumed to be payable on behalf of each
7child, subject to the order or judgment, for purposes of an
8assignment under this section.
9 Sec. 843. Section 252A.18, Code 2023, is amended to read as
10follows:
11252A.18 Registration of support order — notice.
12Registration of a support order of another state or foreign
13country shall be in accordance with chapter 252K except that,
14with regard to service, promptly upon registration, the clerk
15of the court shall, by restricted certified mail, or the child
16support recovery unit services shall, as provided in section
17252B.26, send to the respondent notice of the registration with
18a copy of the registered support order or the respondent may
19be personally served with the notice and the copy of the order
20in the same manner as original notices are personally served.
21The clerk shall also docket the case and notify the prosecuting
22attorney of the action. The clerk shall maintain a registry of
23all support orders registered pursuant to this section. The
24filing is in equity.
25 Sec. 844. Section 252B.1, Code 2023, is amended to read as
26follows:
27252B.1 Definitions.
28As used in this chapter, unless the context otherwise
29requires:
301. “Absent parent” means the parent who either cannot be
31located or who is located and is not residing with the child
32at the time the support collection or paternity determination
33services provided in sections 252B.5 and 252B.6 are requested
34or commenced.
352. “Child” includes but shall not be limited to a stepchild,
-556-1foster child, or legally adopted child and means a child
2actually or apparently under eighteen years of age or a
3dependent person eighteen years of age or over who is unable
4to maintain the person’s self and is likely to become a public
5charge. “Child” includes “child” as defined in section 239B.1.
63. “Child support agency” means child support agency as
7defined in section 252H.2.
84. “Child support services” means child support services
9created in section 252B.2.
104. 5. “Department” means the department of health and human
11services.
125. 6. “Director” means the director of health and human
13services.
146. 7. “Obligor” means the person legally responsible for
15the support of a child as defined in section 252D.16 or 598.1
16under a support order issued in this state or pursuant to the
17laws of another state or foreign country.
187. 8. “Resident parent” means the parent with whom the
19child is residing at the time the support collection or
20paternity determination services provided in sections 252B.5
21and 252B.6 are requested or commenced.
228. “Unit” means the child support recovery unit created in
23section 252B.2.
24 Sec. 845. Section 252B.2, Code 2023, is amended to read as
25follows:
26252B.2 Unit Child support services established —
27intervention.
28There is created within the department of human services
29a child support recovery unit services for the purpose of
30providing the services required in sections 252B.3 through
31252B.6. The unit Child support services is not required to
32intervene in actions to provide such services.
33 Sec. 846. Section 252B.3, Code 2023, is amended to read as
34follows:
35252B.3 Duty of department to enforce child support —
-557-1cooperation — rules.
21. Upon receipt by the department of an application for
3public assistance on behalf of a child and determination by the
4department that the child is eligible for public assistance and
5that provision of child support services is appropriate, the
6department shall take appropriate action under the provisions
7of this chapter or under other appropriate statutes of this
8state including but not limited to chapters 239B, 252A, 252C,
9252D, 252E, 252F, 252G, 252H, 252I, 252J, 598, and 600B, to
10ensure that the parent or other person responsible for the
11support of the child fulfills the support obligation. The
12department shall also take appropriate action as required by
13federal law upon receiving a request from a child support
14agency for a child receiving public assistance in another
15state.
162. The department of human services may negotiate a partial
17payment of a support obligation with a parent or other person
18responsible for the support of the child, provided that the
19negotiation and partial payment are consistent with applicable
20federal law and regulation.
213. The department shall adopt rules pursuant to chapter
2217A regarding cases in which, under federal law, it is a
23condition of eligibility for an individual who is an applicant
24for or recipient of public assistance to cooperate in good
25faith with the department in establishing the paternity of, or
26in establishing, modifying, or enforcing a support order by
27identifying and locating the parent of the child or enforcing
28rights to support payments. The rules shall include all of the
29following provisions:
30a. As required by the unit child support services, the
31individual shall provide the name of the noncustodial parent
32and additional necessary information, and shall appear at
33interviews, hearings, and legal proceedings.
34b. If paternity is an issue, the individual and child shall
35submit to blood or genetic tests pursuant to a judicial or
-558-1administrative order.
2c. The individual may be requested to sign a voluntary
3affidavit of paternity, after notice of the rights and
4consequences of such an acknowledgment, but shall not be
5required to sign an affidavit or otherwise relinquish the right
6to blood or genetic tests.
7d. The unit Child support services shall promptly notify
8the individual and the appropriate division of the department
9administering the department’s public assistance program
10 programs of each determination by the unit child support
11services of noncooperation of the individual and the reason for
12such determination.
13e. A procedure under which the individual may claim that,
14and the department shall determine whether, the individual has
15sufficient good cause or other exception for not cooperating,
16taking into consideration the best interest of the child.
174. Without need for a court order and notwithstanding
18the requirements of section 598.22A, the support payment
19ordered pursuant to any chapter shall be satisfied as to the
20department, the child, and either parent for the period during
21which the parents are reconciled and are cohabiting, the child
22for whom support is ordered is living in the same residence
23as the parents, and the obligor receives public assistance on
24the obligor’s own behalf for the benefit of the child. The
25department shall implement this subsection as follows:
26a. The unit Child support services shall file a notice of
27satisfaction with the clerk of court.
28b. This subsection shall not apply unless all the children
29for whom support is ordered reside with both parents, except
30that a child may be absent from the home due to a foster care
31placement pursuant to chapter 234 or a comparable law of
32another state or foreign country.
33c. The unit Child support services shall send notice
34by regular mail to the obligor when the provisions of this
35subsection no longer apply. A copy of the notice shall be
-559-1filed with the clerk of court.
2d. This section shall not limit the rights of the parents or
3the department to proceed by other means to suspend, terminate,
4modify, reinstate, or establish support.
55. On or after July 1, 1999, the department shall implement
6a program for the satisfaction of accrued support debts, based
7upon timely payment by the obligor of both current support due
8and any payments due for accrued support debt under a periodic
9payment plan. The unit Child support services shall adopt
10rules pursuant to chapter 17A to establish the criteria and
11procedures for obtaining satisfaction under the program. The
12rules adopted under this subsection shall specify the cases and
13amounts to which the program is applicable, and may provide for
14the establishment of the program as a pilot program.
15 Sec. 847. Section 252B.4, Code 2023, is amended to read as
16follows:
17252B.4 Nonassistance cases.
181. The child support and paternity determination services
19established by the department pursuant to this chapter and
20other appropriate services provided by law including but not
21limited to the provisions of chapters 239B, 252A, 252C, 252D,
22252E, 252F, 598, and 600B shall be made available by the
23unit child support services to an individual not otherwise
24eligible as a public assistance recipient upon application by
25the individual for the services or upon referral as described
26in subsection 4. The application shall be filed with the
27department.
282. The director may collect a fee to cover the costs
29incurred by the department for service of process, genetic
30testing and court costs if the entity providing the service
31charges a fee for the services.
323. Fees collected pursuant to this section shall be
33considered repayment receipts, as defined in section 8.2,
34and shall be used for the purposes of the unit child support
35services. The director or a designee shall keep an accurate
-560-1record of the fees collected and expended.
24. The unit Child support services shall also provide child
3support and paternity determination services and shall respond
4as provided in federal law for an individual not otherwise
5eligible as a public assistance recipient if the unit child
6support services receives a request from any of the following:
7a. A child support agency.
8b. A foreign country as defined in chapter 252K.
9 Sec. 848. Section 252B.5, Code 2023, is amended to read as
10follows:
11252B.5 Services of unit Child support services.
12The child Child support recovery unit services shall provide
13the following services:
141. Assistance in the location of an absent parent or any
15other person who has an obligation to support the child of the
16resident parent.
172. Aid in establishing paternity and securing a court or
18administrative order for support pursuant to chapter 252A,
19252C, 252F, or 600B, or any other chapter providing for
20the establishment of paternity or support. In an action to
21establish support, the resident parent may be a proper party
22defendant for purposes of determining medical support as
23provided in section 252E.1A upon service of notice as provided
24in this chapter and without a court order as provided in the
25rules of civil procedure. The unit’s Child support services’
26 independent cause of action shall not bar a party from seeking
27support in a subsequent proceeding.
283. Aid in enforcing through court or administrative
29proceedings an existing court order for support issued pursuant
30to chapter 252A, 252C, 252F, 598, or 600B, or any other
31chapter under which child or medical support is granted. The
32director may enter into a contract with a private collection
33agency to collect support payments for cases which have been
34identified by the department as difficult collection cases
35if the department determines that this form of collection is
-561-1more cost-effective than departmental collection methods. The
2department shall utilize, to the maximum extent possible,
3every available automated process to collect support payments
4prior to referral of a case to a private collection agency.
5A private collection agency with whom the department enters
6a contract under this subsection shall comply with state and
7federal confidentiality requirements and debt collection laws.
8The director may use a portion of the state share of funds
9collected through this means to pay the costs of any contract
10authorized under this subsection.
114. Assistance to set off against a debtor’s income tax
12refund or rebate any support debt, which is assigned to
13the department of human services or which the child support
14recovery unit services is attempting to collect on behalf of
15any individual not eligible as a public assistance recipient,
16which has accrued through written contract, subrogation, or
17court judgment, and which is in the form of a liquidated sum
18due and owing for the care, support, or maintenance of a child.
19Unless the periodic payment plan provisions for a retroactive
20modification pursuant to section 598.21C apply, the entire
21amount of a judgment for accrued support, notwithstanding
22compliance with a periodic payment plan or regardless of the
23date of entry of the judgment, is due and owing as of the date
24of entry of the judgment and is delinquent for the purposes of
25setoff, including for setoff against a debtor’s federal income
26tax refund or other federal nontax payment. The department
27of human services shall adopt rules pursuant to chapter
2817A necessary to assist the department of administrative
29services in the implementation of the child support setoff as
30established under section 8A.504.
315. a. In order to maximize the amount of any tax refund
32to which an obligor may be entitled and which may be applied
33to child support and medical support obligations, cooperate
34with any volunteer or free income tax assistance programs in
35the state in informing obligors of the availability of the
-562-1programs.
2b. The child Child support recovery unit services shall
3publicize the services of the volunteer or free income tax
4assistance programs by distributing printed materials regarding
5the programs.
66. Determine periodically whether an individual receiving
7unemployment compensation benefits under chapter 96 owes a
8support obligation which is being enforced by the unit child
9support services, and enforce the support obligation through
10court or administrative proceedings to have specified amounts
11withheld from the individual’s unemployment compensation
12benefits.
137. Assistance in obtaining medical support as defined in
14chapter 252E.
158. a. At the request of either parent who is subject to
16the order of support or upon its own initiation, review the
17amount of the support award in accordance with the guidelines
18established pursuant to section 598.21B, and Tit.IV-D of the
19federal Social Security Act, as amended, and take action to
20initiate modification proceedings if the criteria established
21pursuant to this section are met. However, a review of a
22support award is not required if the child support recovery
23unit services determines that such a review would not be in the
24best interest of the child and neither parent has requested
25such review.
26b. The department shall adopt rules setting forth the
27process for review of requests for modification of support
28obligations and the criteria and process for taking action to
29initiate modification proceedings.
309. a. Assistance, in consultation with the department
31of administrative services, in identifying and taking action
32against self-employed individuals as identified by the
33following conditions:
34(1) The individual owes support pursuant to a court or
35administrative order being enforced by the unit child support
-563-1services and is delinquent in an amount equal to or greater
2than the support obligation amount assessed for one month.
3(2) The individual has filed a state income tax return in
4the preceding twelve months.
5(3) The individual has no reported tax withholding amount on
6the most recent state income tax return.
7(4) The individual has failed to enter into or comply with a
8formalized repayment plan with the unit child support services.
9(5) The individual has failed to make either all current
10support payments in accordance with the court or administrative
11order or to make payments against any delinquency in each of
12the preceding twelve months.
13b. The unit Child support services may forward information
14to the department of administrative services as necessary to
15implement this subsection, including but not limited to both
16of the following:
17(1) The name and social security number of the individual.
18(2) Support obligation information in the specific case,
19including the amount of the delinquency.
2010. The review and adjustment, modification, or alteration
21of a support order pursuant to chapter 252H upon adoption of
22rules pursuant to chapter 17A and periodic notification, at
23a minimum of once every three years, to parents subject to a
24support order of their rights to these services.
2511. The unit Child support services shall not establish
26orders for spousal support. The unit Child support services
27 shall enforce orders for spousal support only if the spouse is
28the custodial parent of a child for whom the unit child support
29services is also enforcing a child support or medical support
30order.
3112. a. In compliance with federal procedures, periodically
32certify to the secretary of the United States department of
33health and human services, a list of the names of obligors
34determined by the unit child support services to owe delinquent
35support, under a support order as defined in section 252J.1, in
-564-1excess of two thousand five hundred dollars. The certification
2of the delinquent amount owed may be based upon one or more
3support orders being enforced by the unit child support
4services if the delinquent support owed exceeds two thousand
5five hundred dollars. The certification shall include any
6amounts which are delinquent pursuant to the periodic payment
7plan when a modified order has been retroactively applied.
8The certification shall be in a format and shall include any
9supporting documentation required by the secretary.
10b. All of the following shall apply to an action initiated
11by the unit child support services under this subsection:
12(1) The obligor shall be sent a notice by regular mail in
13accordance with federal law and regulations and the notice
14shall remain in effect until support delinquencies have been
15paid in full.
16(2) The notice shall include all of the following:
17(a) A statement regarding the amount of delinquent support
18owed by the obligor.
19(b) A statement providing information that if the
20delinquency is in excess of two thousand five hundred dollars,
21the United States secretary of state may apply a passport
22sanction by revoking, restricting, limiting, or refusing to
23issue a passport as provided in 42 U.S.C. §652(k).
24(c) Information regarding the procedures for challenging
25the certification by the unit child support services.
26(3) (a) If the obligor chooses to challenge the
27certification, the obligor shall notify the unit child support
28services within the time period specified in the notice to the
29obligor. The obligor shall include any relevant information
30with the challenge.
31(b) A challenge shall be based upon mistake of fact. For
32the purposes of this subsection, “mistake of fact” means a
33mistake in the identity of the obligor or a mistake in the
34amount of the delinquent child support owed if the amount did
35not exceed two thousand five hundred dollars on the date of the
-565-1unit’s child support services’ decision on the challenge.
2(4) Upon timely receipt of the challenge, the unit child
3support services shall review the certification for a mistake
4of fact, or refer the challenge for review to the child support
5agency in the state chosen by the obligor as provided by
6federal law.
7(5) Following the unit’s child support services’ review of
8the certification, the unit child support services shall send
9a written decision to the obligor within ten days of timely
10receipt of the challenge.
11(a) If the unit child support services determines that
12a mistake of fact exists, the unit child support services
13 shall send notification in accordance with federal procedures
14withdrawing the certification for passport sanction.
15(b) If the unit child support services determines that a
16mistake of fact does not exist, the obligor may contest the
17determination within ten days following the issuance of the
18decision by submitting a written request for a contested case
19proceeding pursuant to chapter 17A.
20(6) Following issuance of a final decision under chapter
2117A that no mistake of fact exists, the obligor may request a
22hearing before the district court pursuant to chapter 17A. The
23department shall transmit a copy of its record to the district
24court pursuant to chapter 17A. The scope of the review by the
25district court shall be limited to demonstration of a mistake
26of fact. Issues related to visitation, custody, or other
27provisions not related to the support provisions of a support
28order are not grounds for a hearing under this subsection.
29c. Following certification to the secretary, if the
30unit child support services determines that an obligor no
31longer owes delinquent support in excess of two thousand five
32hundred dollars, the unit child support services shall provide
33information and notice as the secretary requires to withdraw
34the certification for passport sanction.
3513. a. Impose an annual fee, which shall be retained from
-566-1support collected on behalf of the obligee, in accordance with
242 U.S.C.§654(6)(B)(ii). The unit Child support services
3 shall send information regarding the requirements of this
4subsection by regular mail to the last known address of an
5affected obligee, or may include the information for an obligee
6in an application for services signed by the obligee. In
7addition, the unit child support services shall take steps
8necessary regarding the fee to qualify for federal funds in
9conformity with the provisions of Tit.IV-D of the federal
10Social Security Act, including receiving and accounting for
11fee payments, as appropriate, through the collection services
12center created in section 252B.13A.
13b. Fees collected pursuant to this subsection shall be
14considered repayment receipts as defined in section 8.2, and
15shall be used for the purposes of the unit child support
16services. The director shall maintain an accurate record of
17the fees collected and expended under this subsection.
18c. Until such time as a methodology to secure payment of
19the collections fee from the obligor is provided by law, an
20obligee may act pursuant to this paragraph to recover the
21collections fee from the obligor. If the unit child support
22services retains all or a portion of the collections fee
23imposed pursuant to paragraph “a” in a federal fiscal year,
24there is an automatic nonsupport judgment, in an amount equal
25to the amount retained, against the obligor payable to the
26obligee. This paragraph shall serve as constructive notice
27that the fee amount, once retained, is an automatic nonsupport
28judgment against the obligor. The obligee may use any legal
29means, including the lien created by the nonsupport judgment,
30to collect the nonsupport judgment.
31 Sec. 849. Section 252B.6, unnumbered paragraph 1, Code
322023, is amended to read as follows:
33In addition to the services enumerated in section 252B.5,
34the unit child support services may provide the following
35services in the case of a dependent child for whom public
-567-1assistance is being provided:
2 Sec. 850. Section 252B.6, subsection 3, Code 2023, is
3amended to read as follows:
43. Appear on behalf of the state for the purpose of
5facilitating the modification of support awards consistent
6with guidelines established pursuant to section 598.21B,
7and Tit.IV-D of the federal Social Security Act. The unit
8 Child support services shall not otherwise participate in the
9proceeding.
10 Sec. 851. Section 252B.6A, Code 2023, is amended to read as
11follows:
12252B.6A External services.
131. Provided that the action is consistent with applicable
14federal law and regulation, an attorney licensed in this state
15shall receive compensation as provided in this section for
16support collected as the direct result of a judicial proceeding
17maintained by the attorney, if all of the following apply to
18the case:
19a. The unit Child support services is providing services
20under this chapter.
21b. The current support obligation is terminated and only
22arrearages are due under an administrative or court order and
23there has been no payment under the order for at least the
24twelve-month period prior to the provision of notice to the
25unit child support services by the attorney under this section.
26c. Support is assigned to the state based upon cash
27assistance paid under chapter 239B, or its successor.
28d. The attorney has provided written notice to the central
29office of the unit child support services and to the obligee at
30the last known address of the obligee of the intent to initiate
31a specified judicial proceeding, at least thirty days prior to
32initiating the proceeding.
33e. The attorney has provided documentation to the unit child
34support services that the attorney is insured against loss
35caused by the attorney’s legal malpractice or acts or omissions
-568-1of the attorney which result in loss to the state or other
2person.
3f. The collection is received by the collection services
4center within ninety days of provision of the notice to
5the unit child support services. An attorney may provide
6subsequent notices to the unit child support services to extend
7the time for receipt of the collection by subsequent ninety-day
8periods.
92. a. If, prior to February 15, 1998, notice is provided
10pursuant to subsection 1 to initiate a specific judicial
11proceeding, this section shall not apply to the proceeding
12unless the unit child support services consents to the
13proceeding.
14b. (1) If, on or after February 15, 1998, notice is
15provided pursuant to subsection 1 to initiate a specific
16judicial proceeding, this section shall apply to the proceeding
17only if the case is exempt from application of rules adopted
18by the department pursuant to subparagraph (2) which limit
19application of this section.
20(2) The department shall adopt rules which include, but
21are not limited to, exemption from application of this section
22to proceedings based upon, but not limited to, any of the
23following:
24(a) A finding of good cause pursuant to section 252B.3.
25(b) The existence of a support obligation due another state
26based upon public assistance provided by that state.
27(c) The maintaining of another proceeding by an attorney
28under this section for which the unit child support services
29 has not received notice that the proceeding has concluded or
30the ninety-day period during which a collection may be received
31pertaining to the same case has not yet expired.
32(d) The initiation of a seek employment action under section
33252B.21, and the notice from the attorney indicates that the
34attorney intends to pursue a contempt action.
35(e) Any other basis for exemption of a specified proceeding
-569-1designated by rule which relates to collection and enforcement
2actions provided by the unit child support services.
33. The unit Child support services shall issue a response
4to the attorney providing notice within ten days of receipt of
5the notice. The response shall advise the attorney whether the
6case to which the specified judicial proceeding applies meets
7the requirements of this section.
84. For the purposes of this section, a “judicial proceeding”
9means an action to enforce support filed with a court of
10competent jurisdiction in which the court issues an order which
11identifies the amount of the support collection which is a
12direct result of the court proceeding. “Judicial proceedings”
13include but are not limited to those pursuant to chapters
14598, 626, 633, 642, 654, or 684 and also include contempt
15proceedings if the collection payment is identified in the
16court order as the result of such a proceeding. “Judicial
17proceedings” do not include enforcement actions which the unit
18 child support services is required to implement under federal
19law including, but not limited to, income withholding.
205. All of the following are applicable to a collection
21which is the result of a judicial proceeding which meets the
22requirements of this section:
23a. All payments made as the result of a judicial proceeding
24under this section shall be made to the clerk of the district
25court or to the collection services center and shall not be
26made to the attorney. Payments received by the clerk of the
27district court shall be forwarded to the collection services
28center as provided in section 252B.15.
29b. The attorney shall be entitled to receive an amount
30which is equal to twenty-five percent of the support collected
31as the result of the specified judicial proceeding not to
32exceed the amount of the nonfederal share of assigned support
33collected as the result of that proceeding. The amount paid
34under this paragraph is the full amount of compensation due the
35attorney for a proceeding under this section and is in lieu
-570-1of any attorney fees. The court shall not order the obligor
2to pay additional attorney fees. The amount of compensation
3calculated by the unit child support services is subject, upon
4application of the attorney, to judicial review.
5c. Any support collected shall be disbursed in accordance
6with federal requirements and any support due the obligee
7shall be disbursed to the obligee prior to disbursement to the
8attorney as compensation.
9d. The collection services center shall disburse
10compensation due the attorney only from the nonfederal share of
11assigned collections. The collection services center shall not
12disburse any compensation for court costs.
13e. The unit Child support services may delay disbursement
14to the attorney pending the resolution of any timely appeal by
15the obligor or obligee.
16f. Negotiation of a partial payment or settlement for
17support shall not be made without the approval of the unit
18 child support services and the obligee, as applicable.
196. The attorney initiating a judicial proceeding under this
20section shall notify the unit child support services when the
21judicial proceeding is completed.
227. a. An attorney who initiates a judicial proceeding under
23this section represents the state for the sole and limited
24purpose of collecting support to the extent provided in this
25section.
26b. The attorney is not an employee of the state and has no
27right to any benefit or compensation other than as specified in
28this section.
29c. The state is not liable or subject to suit for any acts
30or omissions resulting in any damages as a consequence of the
31attorney’s acts or omissions under this section.
32d. The attorney shall hold the state harmless from any act
33or omissions of the attorney which may result in any penalties
34or sanctions, including those imposed under federal bankruptcy
35laws, and the state may recover any penalty or sanction imposed
-571-1by offsetting any compensation due the attorney under this
2section for collections received as a result of any judicial
3proceeding initiated under this section.
4e. The attorney initiating a proceeding under this section
5does not represent the obligor.
68. The unit Child support services shall comply with all
7state and federal laws regarding confidentiality. The unit
8 Child support services may release to an attorney who has
9provided notice under this section, information regarding child
10support balances due, to the extent provided under such laws.
119. This section shall not be interpreted to prohibit
12the unit child support services from providing services or
13taking other actions to enforce support as provided under this
14chapter.
15 Sec. 852. Section 252B.7, Code 2023, is amended to read as
16follows:
17252B.7 Legal services.
181. The attorney general may perform the legal services for
19the child support recovery program services and may enforce
20all laws for the recovery of child support from responsible
21relatives. The attorney general may file and prosecute:
22a. Contempt of court proceedings to enforce any order of
23court pertaining to child support.
24b. Cases under chapter 252A, the support of dependents law.
25c. An information charging a violation of section 726.3,
26726.5 or 726.6.
27d. Any other lawful action which will secure collection of
28support for minor children.
292. For the purposes of subsection 1, the attorney general
30has the same power to commence, file and prosecute any action
31or information in the proper jurisdiction, which the county
32attorney could file or prosecute in that jurisdiction. This
33section does not relieve a county attorney from the county
34attorney’s duties, or the attorney general from the supervisory
35power of the attorney general, in the recovery of child
-572-1support.
23. The unit Child support services may contract with
3a county attorney, the attorney general, a clerk of the
4district court, or another person or agency to collect support
5obligations and to administer the child support program
6established services required pursuant to this chapter.
7Notwithstanding section 13.7, the unit child support services
8 may contract with private attorneys for the prosecution of
9civil collection and recovery cases and may pay reasonable
10compensation and expenses to private attorneys for the
11prosecution services provided.
124. An attorney employed by or under contract with the child
13support recovery unit services represents and acts exclusively
14on behalf of the state when providing child support enforcement
15services. An attorney-client relationship does not exist
16between the attorney and an individual party, witness, or
17person other than the state, regardless of the name in which
18the action is brought.
19 Sec. 853. Section 252B.7A, Code 2023, is amended to read as
20follows:
21252B.7A Determining parent’s income.
221. The unit Child support services shall use any of the
23following in determining the amount of the net monthly income
24of a parent for purposes of establishing or modifying a support
25obligation:
26a. Income as identified in a signed statement of the
27parent pursuant to section 252B.9, subsection 1, paragraph
28“b”. If evidence suggests that the statement is incomplete
29or inaccurate, the unit child support services may present
30the evidence to the court in a judicial proceeding or to the
31administrator director in a proceeding under chapter 252C or
32a comparable chapter, and the court or administrator director
33 shall weigh the evidence in setting the support obligation.
34Evidence includes but is not limited to income as established
35under paragraph “c”.
-573- 1b. If a sworn statement is not provided by the parent, the
2unit child support services may determine income as established
3under paragraph “c” or “d”.
4c. Income established by any of the following:
5(1) Income verified by an employer or payor of income.
6(2) Income reported to the department of workforce
7development.
8(3) For a public assistance recipient, income as reported to
9the department case worker assigned to the public assistance
10case.
11(4) Other written documentation which identifies income.
12d. By July 1, 1999, the department shall adopt rules for
13imputing income, whenever possible, based on the earning
14capacity of a parent who does not provide income information
15or for whom income information is not available. Until such
16time as the department adopts rules establishing a different
17standard for determining the income of a parent who does not
18provide income information or for whom income information
19is not available, the estimated state median income for a
20one-person family as published annually in the federal register
21for use by the federal office of community services, office of
22energy assistance, for the subsequent federal fiscal year.
23(1) This provision is effective beginning July 1, 1992,
24based upon the information published in the federal register
25dated March 8, 1991.
26(2) The unit Child support services may revise the estimated
27income each October 1. If the estimate is not available or has
28not been published, the unit child support services may revise
29the estimate when it becomes available.
30e. When the income information obtained pursuant to this
31subsection does not include the information necessary to
32determine the net monthly income of the parent, the unit child
33support services may deduct twenty percent from the parent’s
34gross monthly income to arrive at the net monthly income
35figure.
-574- 12. The amount of the income determined may be challenged any
2time prior to the entry of a new or modified order for support.
33. If the child support recovery unit services is providing
4services pursuant to this chapter, the court shall use the
5income figure determined pursuant to this section when applying
6the guidelines to determine the amount of support.
74. The department may develop rules as necessary to further
8implement disclosure of financial information of the parties.
9 Sec. 854. Section 252B.7B, Code 2023, is amended to read as
10follows:
11252B.7B Informational materials provided by the unit child
12support services.
131. The unit Child support services shall prepare and make
14available to the public, informational materials which explain
15the unit’s child support services’ procedures including, but
16not limited to, procedures with regard to all of the following:
17a. Accepting applications for services.
18b. Locating individuals.
19c. Establishing paternity.
20d. Establishing support.
21e. Enforcing support.
22f. Modifying, suspending, or reinstating support.
23g. Terminating services.
242. The informational materials shall include general
25information about and descriptions of the processes involved
26relating to the services provided by the unit child support
27services including application for services, fees for services,
28the responsibilities of the recipient of services, resolution
29of disagreements with the unit child support services, rights
30to challenge the actions of the unit child support services,
31and obtaining additional information.
32 Sec. 855. Section 252B.8, Code 2023, is amended to read as
33follows:
34252B.8 Central information center.
35The department shall establish within the unit child support
-575-1services an information and administration coordinating center
2which shall serve as a registry for the receipt of information
3and for answering interstate inquiries concerning absent
4parents and shall coordinate and supervise unit child support
5services’ activities. The information and administration
6coordinating center shall promote cooperation between the
7unit child support services and law enforcement agencies to
8facilitate the effective operation of the unit child support
9services.
10 Sec. 856. Section 252B.9, Code 2023, is amended to read as
11follows:
12252B.9 Information and assistance from others — availability
13of records.
141. a. The director may request from state, county, and
15local agencies information and assistance deemed necessary to
16carry out the provisions of this chapter. State, county, and
17local agencies, officers, and employees shall cooperate with
18the unit child support services and shall on request supply the
19department with available information relative to the absent
20parent, the custodial parent, and any other necessary party,
21notwithstanding any provisions of law making this information
22confidential. The cooperation and information required by this
23subsection shall also be provided when it is requested by a
24child support agency. Information required by this subsection
25includes, but is not limited to, information relative to
26location, income, property holdings, records of licenses as
27defined in section 252J.1, and records concerning the ownership
28and control of corporations, partnerships, and other business
29entities. If the information is maintained in an automated
30database, the unit child support services shall be provided
31automated access.
32b. Parents of a child on whose behalf support enforcement
33services are provided shall provide information regarding
34income, resources, financial circumstances, and property
35holdings to the department for the purpose of establishment,
-576-1modification, or enforcement of a support obligation. The
2department may provide the information to parents of a child
3as needed to implement the requirements of section 598.21B,
4notwithstanding any provisions of law making this information
5confidential.
6c. Notwithstanding any provisions of law making this
7information confidential, all persons, including for-profit,
8nonprofit, and governmental employers, shall, on request,
9promptly supply the unit child support services or a child
10support agency information on the employment, compensation,
11and benefits of any individual employed by such person as
12an employee or contractor with relation to whom the unit
13 child support services or a child support agency is providing
14services.
15d. Notwithstanding any provisions of law making this
16information confidential, the unit child support services may
17subpoena or a child support agency may use the administrative
18subpoena form promulgated by the secretary of the United
19States department of health and human services under 42 U.S.C.
20§652(a)(11)(C), to obtain any of the following:
21(1) Books, papers, records, or information regarding any
22financial or other information relating to a paternity or
23support proceeding.
24(2) Certain records held by public utilities, cable or
25other television companies, cellular telephone companies, and
26internet service providers with respect to individuals who
27owe or are owed support, or against or with respect to whom
28a support obligation is sought, consisting of the names and
29addresses of such individuals and the names and addresses of
30the employers of such individuals, as appearing in customer
31records, and including the cellular telephone numbers of such
32individuals appearing in the customer records of cellular
33telephone companies. If the records are maintained in
34automated databases, the unit child support services shall be
35provided with automated access.
-577- 1e. The unit Child support services or a child support agency
2may subpoena information for one or more individuals.
3f. If the unit child support services or a child support
4agency issues a request under paragraph “c”, or a subpoena under
5paragraph “d”, all of the following shall apply:
6(1) The unit Child support services or a child support
7agency may issue a request or subpoena to a person by sending
8it by regular mail. Proof of service may be completed
9according to rule of civil procedure 1.442.
10(2) A person who is not a parent or putative father in a
11paternity or support proceeding, who is issued a request or
12subpoena, shall be provided an opportunity to refuse to comply
13for good cause by filing a request for a conference with the
14unit child support services or a child support agency in the
15manner and within the time specified in rules adopted pursuant
16to subparagraph (7).
17(3) Good cause shall be limited to mistake in the identity
18of the person, or prohibition under federal law to release such
19information.
20(4) After the conference the unit child support services
21 shall issue a notice finding that the person has good cause
22for refusing to comply, or a notice finding that the person
23does not have good cause for failing to comply. If the person
24refuses to comply after issuance of notice finding lack of good
25cause, or refuses to comply and does not request a conference,
26the person is subject to a penalty of one hundred dollars per
27refusal.
28(5) If the person fails to comply with the request or
29subpoena, fails to request a conference, and fails to pay a
30penalty imposed under subparagraph (4), the unit child support
31services may petition the district court to compel the person
32to comply with this paragraph. If the person objects to
33imposition of the penalty, the person may seek judicial review
34by the district court.
35(6) If a parent or putative father fails to comply with a
-578-1subpoena or request for information, the provisions of chapter
2252J shall apply.
3(7) The unit Child support services may adopt rules pursuant
4to chapter 17A to implement this section.
5g. Notwithstanding any provisions of law making this
6information confidential, the unit child support services
7 or a child support agency shall have access to records and
8information held by financial institutions with respect to
9individuals who owe or are owed support, or with respect to
10whom a support obligation is sought including information on
11assets and liabilities. If the records are maintained in
12automated databases, the unit child support services shall
13be provided with automated access. For the purposes of this
14section, “financial institution” means financial institution as
15defined in section 252I.1.
16h. Notwithstanding any law to the contrary, the unit
17 child support services and a child support agency shall have
18access to any data maintained by the state of Iowa which
19contains information that would aid the agency in locating
20individuals. Such information shall include, but is not
21limited to, driver’s license, motor vehicle, and criminal
22justice information. However, the information does not include
23criminal investigative reports or intelligence files maintained
24by law enforcement. The unit Child support services and a
25 child support agency shall use or disclose the information
26obtained pursuant to this paragraph only in accordance with
27subsection 3. Criminal history records maintained by the
28department of public safety shall be disclosed in accordance
29with chapter 692. The unit Child support services shall also
30have access to the protective order file maintained by the
31department of public safety.
32i. Liability shall not arise under this subsection with
33respect to any disclosure by a person as required by this
34subsection, and no advance notice from the unit child support
35services or a child support agency is required prior to
-579-1requesting information or assistance or issuing a subpoena
2under this subsection.
3j. Notwithstanding any provision of law making this
4information confidential, data provided to the department by an
5insurance carrier under section 505.25 shall also be provided
6to the unit child support services. Provision of data to the
7unit child support services under this paragraph shall not
8require an agreement or modification of an agreement between
9the department and an insurance carrier, but the provisions
10of this section applicable to information received by the
11unit child support services shall apply to the data received
12pursuant to section 505.25 in lieu of any confidentiality,
13privacy, disclosure, use, or other provisions of an agreement
14between the department and an insurance carrier.
152. Notwithstanding other statutory provisions to the
16contrary, including but not limited to chapters 22 and 217, as
17the chapters relate to confidentiality of records maintained by
18the department, the payment records of the collection services
19center maintained under section 252B.13A may be released,
20except when prohibited by federal law or regulation, only as
21follows:
22a. Payment records of the collection services center may
23be released upon request for the administration of a plan or
24program approved for the supplemental nutrition assistance
25program or under Tit.IV, XIX, or XXI of the federal Social
26Security Act, as amended, and as otherwise permitted under Tit.
27IV-D of the federal Social Security Act, as amended. A payment
28record shall not include address or location information.
29b. The department may release details related to payment
30records or provide alternative formats for release of the
31information for the administration of a plan or program under
32Tit.IV-D of the federal Social Security Act, as amended,
33including as follows:
34(1) The unit Child support services or the collection
35services center may provide detail or present the information
-580-1in an alternative format to an individual or to the
2individual’s legal representative if the individual owes or is
3owed a support obligation, to an agency assigned the obligation
4as the result of receipt by a party of public assistance, to an
5agency charged with enforcing child support pursuant to Tit.
6IV-D of the federal Social Security Act, as amended, or to the
7court.
8(2) For support orders entered in Iowa which are being
9enforced by the unit child support services, the unit child
10support services may compile and make available for publication
11a listing of cases in which no payment has been credited to
12an accrued or accruing support obligation during a previous
13three-month period. Each case on the list shall be identified
14only by the name of the support obligor, the address, if known,
15of the support obligor, unless the information pertaining
16to the address of the support obligor is protected through
17confidentiality requirements established by law and has not
18otherwise been verified with the unit child support services,
19the support obligor’s court order docket or case number, the
20county in which the obligor’s support order is filed, the
21collection services center case numbers, and the range within
22which the balance of the support obligor’s delinquency is
23established. The department shall determine dates for the
24release of information, the specific format of the information
25released, and the three-month period used as a basis for
26identifying cases. The department may not release the
27information more than twice annually. In compiling the listing
28of cases, no prior public notice to the obligor is required,
29but the unit child support services may send notice annually
30by mail to the current known address of any individual owing a
31support obligation which is being enforced by the unit child
32support services. The notice shall inform the individual of
33the provisions of this subparagraph. Actions taken pursuant to
34this subparagraph are not subject to review under chapter 17A,
35and the lack of receipt of a notice does not prevent the unit
-581-1 child support services from proceeding in implementing this
2subparagraph.
3(3) The provisions of subparagraph (2) may be applied to
4support obligations entered in another state, at the request
5of a child support agency if the child support agency has
6demonstrated that the provisions of subparagraph (2) are not
7in conflict with the laws of the state where the support
8obligation is entered and the unit child support services is
9enforcing the support obligation.
10(4) Records relating to the administration, collection, and
11enforcement of surcharges pursuant to section 252B.23 which are
12recorded by the unit child support services or a collection
13entity shall be confidential records except that information,
14as necessary for support collection and enforcement, may be
15provided to other governmental agencies, the obligor or the
16resident parent, or a collection entity under contract with
17the unit child support services unless otherwise prohibited
18by the federal law. A collection entity under contract with
19the unit child support services shall use information obtained
20for the sole purpose of fulfilling the duties required under
21the contract, and shall disclose any records obtained by the
22collection entity to the unit child support services for use in
23support establishment and enforcement.
243. Notwithstanding other statutory provisions to the
25contrary, including but not limited to chapters 22 and 217,
26as the chapters relate to the confidentiality of records
27maintained by the department, information recorded by the
28department pursuant to this section or obtained by the unit
29 child support services is confidential and, except when
30prohibited by federal law or regulation, may be used or
31disclosed as provided in subsection 1, paragraphs “b” and “h”,
32and subsection 2, and as follows:
33a. The attorney general may utilize the information
34to secure, modify, or enforce a support obligation of an
35individual.
-582- 1b. This subsection shall not permit or require the release
2of information, except to the extent provided in this section.
3c. The unit Child support services may release or disclose
4information as necessary to provide services under section
5252B.5, as provided by chapter 252G, as provided by Tit.IV-D
6of the federal Social Security Act, as amended, or as required
7by federal law.
8d. The unit Child support services may release information
9under section 252B.9A to meet the requirements of Tit.IV-D of
10the federal Social Security Act for parent locator services.
11e. Information may be released if directly connected with
12any of the following:
13(1) The administration of a plan or program approved for
14the supplemental nutrition assistance program or under Tit.IV,
15XIX, or XXI of the federal Social Security Act, as amended.
16(2) Any investigations, prosecutions, or criminal or civil
17proceeding conducted in connection with the administration of
18any such plan or program.
19(3) Reporting to an appropriate agency or official of
20any such plan or program, information on known or suspected
21instances of physical or mental injury, sexual abuse or
22exploitation, or negligent treatment or maltreatment of a child
23who is the subject of a child support enforcement action under
24circumstances which indicate that the child’s health or welfare
25is threatened.
26f. Information may be released to courts having jurisdiction
27in support proceedings. If a court issues an order, which is
28not entered under section 252B.9A, directing the unit child
29support services to disclose confidential information, the unit
30 child support services may file a motion to quash pursuant to
31this chapter, Tit.IV-D of the federal Social Security Act, or
32other applicable law.
33g. The child Child support recovery unit services may
34release information for the administration of a plan or program
35approved for the supplemental nutrition assistance program or
-583-1under Tit.IV, XIX, or XXI of the federal Social Security Act,
2as amended, specified under subsection 2 or this subsection, to
3the extent the release of information does not interfere with
4the unit child support services meeting its own obligations
5under Tit.IV-D of the federal Social Security Act, as amended,
6and subject to requirements prescribed by the federal office
7of child support enforcement of the United States department
8of health and human services.
9h. For purposes of this subsection, “party” means an absent
10parent, obligor, resident parent, or other necessary party.
11i. If the unit child support services receives notification
12under this paragraph, the unit child support services shall
13notify the federal parent locator service as required by
14federal law that there is reasonable evidence of domestic
15violence or child abuse against a party or a child and that the
16disclosure of information could be harmful to the party or the
17child. The notification to the federal parent locator service
18shall be known as notification of a disclosure risk indicator.
19For purposes of this paragraph, the unit child support services
20 shall notify the federal parent locator service of a disclosure
21risk indicator only if at least one of the following applies:
22(1) The unit Child support services receives notification
23that the department, or comparable agency of another state, has
24made a finding of good cause or other exception as provided in
25section 252B.3, or comparable law of another state.
26(2) The unit Child support services receives and, through
27automation, matches notification from the department of public
28safety or the unit child support services receives notification
29from a court of this or another state, that a court has issued
30a protective order or no-contact order against a party with
31respect to another party or child.
32(3) The unit Child support services receives notification
33that a court has dismissed a petition for specified
34confidential information pursuant to section 252B.9A.
35(4) The unit Child support services receives a copy, regular
-584-1on its face, of a notarized affidavit or a pleading, which was
2signed by and made under oath by a party, under chapter 252K,
3the uniform interstate family support Act, or the comparable
4law of another state, alleging the health, safety, or liberty
5of the party or child would be jeopardized by the disclosure
6of specific identifying information unless a tribunal under
7chapter 252K, the uniform interstate family support Act, or
8the comparable law of another state, ordered the identifying
9information of a party or child be disclosed.
10(5) The unit Child support services receives and, through
11automation, matches notification from the division of child and
12family services of the department, or the unit child support
13services receives notification from a comparable agency of
14another state, of a founded allegation of child abuse, or a
15comparable finding under the law of the other state.
16(6) The unit Child support services receives notification
17that an individual has an exemption from cooperation with child
18support enforcement under a family investment program safety
19plan which addresses family or domestic violence.
20(7) The unit Child support services receives notification
21that an individual is a certified program participant as
22provided in chapter 9E.
23(8) The unit Child support services receives notification,
24as the result of a request under section 252B.9A, of the
25existence of any finding, order, affidavit, pleading, safety
26plan, certification, or founded allegation referred to in
27subparagraphs (1) through (7) of this paragraph.
28j. The unit Child support services may provide information
29regarding delinquent obligors as provided in 42 U.S.C.
30§666(a)(7) to a consumer reporting agency if all the following
31apply:
32(1) The agency provides the unit child support services with
33satisfactory evidence that it is a consumer reporting agency
34as defined in 15 U.S.C. §1681a(f) and meets all the following
35requirements:
-585- 1(a) Compiles and maintains files on consumers on a
2nationwide basis as provided in 15 U.S.C. §1681a(p).
3(b) Participates jointly with other nationwide consumer
4reporting agencies in providing annual free credit reports to
5consumers upon request through a centralized source as required
6by the federal trade commission in 16 C.F.R. §610.2.
7(2) The agency has entered into an agreement with the
8unit child support services regarding receipt and use of the
9information.
104. Nothing in this chapter, chapter 252A, 252C, 252D,
11252E, 252F, 252G, 252H, 252I, 252J, or 252K, or any other
12comparable chapter or law shall preclude the unit child support
13services from exchanging any information, notice, document, or
14certification with any government or private entity, if the
15exchange is not otherwise prohibited by law, through mutually
16agreed upon electronic data transfer rather than through other
17means.
18 Sec. 857. Section 252B.9A, Code 2023, is amended to read as
19follows:
20252B.9A Disclosure of confidential information — authorized
21person — court.
221. A person, except a court or government agency, who
23is an authorized person to receive specified confidential
24information under 42 U.S.C. §653, may submit a written request
25to the unit child support services for disclosure of specified
26confidential information regarding a nonrequesting party. The
27written request shall comply with federal law and regulations,
28including any attestation and any payment to the federal office
29of child support enforcement of the United States department
30of health and human services required by federal law or
31regulation, and shall include a sworn statement attesting to
32the reason why the requester is an authorized person under
3342 U.S.C. §653, including that the requester would use the
34confidential information only for purposes permitted in that
35section.
-586- 12. Upon receipt of a request from an authorized person
2which meets all of the requirements under subsection 1, the
3unit child support services shall search available records as
4permitted by law or shall request the information from the
5federal parent locator service as provided in 42 U.S.C. §653.
6a. If the unit child support services locates the specified
7confidential information, the unit child support services shall
8disclose the information to the extent permitted under federal
9law, unless one of the following applies:
10(1) There is a notice from the federal parent locator
11service that there is reasonable evidence of domestic violence
12or child abuse pursuant to 42 U.S.C. §653(b)(2).
13(2) The unit Child support services has notified the federal
14parent locator service of a disclosure risk indicator as
15provided in section 252B.9, subsection 3, paragraph “i”, and has
16not removed that notification.
17(3) The unit Child support services receives notice of a
18basis for a disclosure risk indicator listed in section 252B.9,
19subsection 3, paragraph “i”, within twenty days of sending a
20notice of the request to the subject of the request by regular
21mail.
22b. If the unit child support services locates the specified
23confidential information, but the unit child support services
24 is prohibited from disclosing confidential information under
25paragraph “a”, the unit child support services shall deny the
26request and notify the requester of the denial in writing.
27Upon receipt of a written notice from the unit child support
28services denying the request, the requester may file a petition
29in district court for an order directing the unit child support
30services to release the requested information to the court as
31provided in subsection 3.
323. A person may file a petition in district court for
33disclosure of specified confidential information. The petition
34shall request that the court direct the unit child support
35services to release specified confidential information to
-587-1the court, that the court make a determination of harm if
2appropriate, and that the court release specified confidential
3information to the petitioner.
4a. The petition shall include a sworn statement attesting
5to the intended use of the information by the petitioner as
6allowed by federal law. Such statement may specify any of the
7following intended uses:
8(1) To establish parentage, or to establish, set the amount
9of, modify, or enforce a child support obligation.
10(2) To make or enforce a child custody or visitation
11determination or order.
12(3) To carry out the duty or authority of the petitioner to
13investigate, enforce, or bring a prosecution with respect to
14the unlawful taking or restraint of a child.
15b. Upon the filing of a petition, the court shall enter an
16order directing the unit child support services to release to
17the court within thirty days specified confidential information
18which the unit child support services would be permitted to
19release under 42 U.S.C. §653 and 42 U.S.C. §663, unless one of
20the following applies:
21(1) There is a notice from the federal parent locator
22service that there is reasonable evidence of domestic violence
23or child abuse pursuant to 42 U.S.C. §653(b)(2).
24(2) The unit Child support services has notified the federal
25parent locator service of a disclosure risk indicator as
26provided in section 252B.9, subsection 3, paragraph “i”, and has
27not removed that notification.
28(3) The unit Child support services receives notice of a
29basis for a disclosure risk indicator listed in section 252B.9,
30subsection 3, paragraph “i”, within twenty days of sending
31notice of the order to the subject of the request by regular
32mail. The unit Child support services shall include in the
33notice to the subject of the request a copy of the court order
34issued under this paragraph.
35c. Upon receipt of the order, the unit child support
-588-1services shall comply as follows:
2(1) If the unit child support services has the specified
3confidential information, and none of the domestic violence,
4child abuse, or disclosure risk indicator provisions of
5paragraph “b” applies, the unit child support services shall
6file the confidential information with the court along with
7a statement that the unit child support services has not
8received any notice that the domestic violence, child abuse, or
9disclosure risk indicator provisions of paragraph “b” apply.
10The unit Child support services shall be granted at least
11thirty days to respond to the order. The court may extend
12the time for the unit child support services to comply. Upon
13receipt by the court of the confidential information under
14this subparagraph, the court may order the release of the
15information to the petitioner.
16(2) If the unit child support services has the specified
17confidential information, and the domestic violence, child
18abuse, or disclosure risk indicator provision of paragraph “b”
19applies, the unit child support services shall file with the
20court a statement that the domestic violence, child abuse,
21or disclosure risk indicator provision of paragraph “b”
22applies, along with any information the unit child support
23services has received related to the domestic violence, child
24abuse, or disclosure risk indicator. The unit Child support
25services shall be granted at least thirty days to respond to
26the order. The court may extend the time for the unit child
27support services to comply. Upon receipt by the court of
28information from the unit child support services under this
29subparagraph, the court shall make a finding whether disclosure
30of confidential information to any other person could be
31harmful to the nonrequesting party or child. In making the
32finding, the court shall consider any relevant information
33provided by the parent or child, any information provided by
34the unit child support services or by a child support agency,
35any information provided by the petitioner, and any other
-589-1relevant evidence. The unit Child support services or unit’s
2 a child support services’ attorney does not represent any
3individual person in this proceeding.
4(a) If the court finds that disclosure of confidential
5information to any other person could be harmful to the
6nonrequesting party or child, the court shall dismiss the
7petition for disclosure and notify the unit child support
8services to notify the federal parent locator service of a
9disclosure risk indicator.
10(b) If the court does not find that disclosure of specified
11confidential information to any other person could be harmful
12to the nonrequesting party or child, the court shall notify the
13unit child support services to file the specified confidential
14information with the court. Upon receipt by the court of the
15specified confidential information, the court may release the
16information to the petitioner and inform the unit child support
17services to remove the disclosure risk indicator.
18(3) If the unit child support services does not have the
19specified confidential information and cannot obtain the
20information from the federal parent locator service, the unit
21 child support services shall comply with the order by notifying
22the court of the lack of information.
234. The confidential information which may be released by
24the unit child support services to a party under subsection
252, or by the unit child support services to the court under
26subsection 3, shall be limited by the federal Social Security
27Act and other applicable federal law, and the unit child
28support services may use the sworn statement filed pursuant to
29subsection 1 or 3 in applying federal law. Any information
30filed with the court by the unit child support services, when
31certified over the signature of a designated employee, shall
32be considered to be satisfactorily identified and shall be
33admitted as evidence, without requiring third-party foundation
34testimony. Additional proof of the official character of the
35person certifying the document or the authenticity of the
-590-1person’s signature shall not be required.
25. When making a request for confidential information under
3this section, a party or petitioner shall indicate the specific
4information requested.
56. For purposes of this section, “party” means party as
6defined in section 252B.9, subsection 3.
77. The unit Child support services may adopt rules pursuant
8to chapter 17A to prescribe provisions in addition to or in
9lieu of the provisions of this section to comply with federal
10requirements for parent locator services or the safeguarding
11of information.
12 Sec. 858. Section 252B.11, Code 2023, is amended to read as
13follows:
14252B.11 Recovery of costs of collection services.
15The unit Child support services may initiate necessary civil
16proceedings to recover the unit’s child support services’ costs
17of support collection services provided to an individual,
18whether or not the individual is a public assistance recipient,
19from an individual who owes and is able to pay a support
20obligation but willfully fails to pay the obligation. The unit
21 Child support services may seek a lump sum recovery of the
22unit’s child support services’ costs or may seek to recover the
23unit’s child support services’ costs through periodic payments
24which are in addition to periodic support payments. If the
25unit’s child support services’ costs are recovered from an
26individual owing a support obligation, the costs shall not be
27deducted from the amount of support money received from the
28individual. The costs collected pursuant to this section shall
29be retained by the department for use by the unit child support
30services. The director or a designee shall keep an accurate
31record of funds so retained.
32 Sec. 859. Section 252B.13A, Code 2023, is amended to read
33as follows:
34252B.13A Collection services center.
351. The department shall establish within the unit child
-591-1support services a collection services center for the receipt
2and disbursement of support payments as defined in section
3252D.16 or 598.1 as required for orders by section 252B.14.
4For purposes of this section, support payments do not include
5attorney fees, court costs, or property settlements. The
6center may also receive and disburse surcharges as provided in
7section 252B.23.
82. a. The collection services center shall meet the
9requirements for a state disbursement unit pursuant to 42
10U.S.C. §654b, section 252B.14, and this section by October 1,
111999.
12b. Prior to October 1, 1999, the department and the
13judicial branch shall enter into a cooperative agreement for
14implementation of the state disbursement unit requirement. The
15agreement shall include, but is not limited to, provisions for
16all of the following:
17(1) Coordination with the state case registry created in
18section 252B.24.
19(2) The receipt and disbursement of income withholding
20payments for orders not receiving services from the unit child
21support services pursuant to section 252B.14, subsection 4.
22(3) The transmission of information, orders, and documents,
23and access to information.
24(4) Furnishing, upon request, timely information on the
25current status of support payments as provided in 42 U.S.C.
26§654b(b)(4), in a manner consistent with state law.
27(5) The notification of payors of income to direct income
28withholding payments to the collection services center as
29provided in section 252B.14, subsection 4.
30 Sec. 860. Section 252B.14, subsections 2 and 5, Code 2023,
31are amended to read as follows:
322. For support orders being enforced by the child support
33recovery unit services, support payments made pursuant to the
34order shall be directed to and disbursed by the collection
35services center or, as appropriate, a comparable government
-592-1entity in another state as provided in chapter 252K.
25. If the collection services center is receiving and
3disbursing payments pursuant to a support order, but the unit
4 child support services is not providing other services under
5Tit.IV-D of the federal Social Security Act, or if the order
6is not being enforced by the unit child support services,
7the parties to that order are not considered to be receiving
8services under this chapter.
9 Sec. 861. Section 252B.15, subsection 1, Code 2023, is
10amended to read as follows:
111. The collection services center shall notify the clerk
12of the district court of any order for which the child support
13recovery unit services is providing enforcement services. The
14clerk of the district court shall forward any support payment
15made pursuant to the order, along with any support payment
16information, to the collection services center. Unless the
17agreement developed pursuant to section 252B.13A otherwise
18provides, the clerk of the district court shall forward any
19support payment made and any support payment information
20provided through income withholding pursuant to chapter 252D,
21to the collection services center. The collection services
22center shall process and disburse the payment in accordance
23with federal requirements.
24 Sec. 862. Section 252B.16, Code 2023, is amended to read as
25follows:
26252B.16 Transfer of support order processing responsibilities
27— ongoing procedures.
281. For a support order being processed by the clerk of
29the district court, upon notification that the unit child
30support services is providing enforcement services related to
31the order, the clerk of the district court shall immediately
32transfer the responsibility for the disbursement of support
33payments received pursuant to the order to the collection
34services center.
352. The department shall adopt rules pursuant to chapter
-593-117A to ensure that the affected parties are notified that
2the support payment disbursement responsibilities have been
3transferred to the collection services center from the clerk
4of the district court. The rules shall include a provision
5requiring that a notice shall be sent by regular mail to the
6last known addresses of the obligee and the obligor. The
7issuance of notice to the obligor is the equivalent of a court
8order requiring the obligor to direct payment to the collection
9services center for disbursement.
103. Once the responsibility for receiving and disbursing
11support payments has been transferred from a clerk of the
12district court to the collection services center, the
13responsibility shall remain with the collection services
14center even if the child support recovery unit services is no
15longer providing enforcement services, unless redirected by
16court order. However, the responsibility for receiving and
17disbursing income withholding payments shall not be redirected
18to a clerk of the district court.
194. As provided in sections 252K.307 and 252K.319, the unit
20 child support services may issue and file with the clerk of
21the district court, a notice redirecting support payments to
22a comparable government entity responsible for the processing
23and disbursement of support payments in another state. The
24unit Child support services shall send a copy of the notice by
25regular mail to the last known addresses of the obligor and
26obligee and, where applicable, shall notify the payor of income
27to make payments as specified in the notice. The issuance
28and filing of the notice is the equivalent of a court order
29redirecting support.
30 Sec. 863. Section 252B.17A, Code 2023, is amended to read
31as follows:
32252B.17A Imaging or photographic copies — originals
33destroyed.
341. If the unit child support services, in the regular
35course of business or activity, has recorded or received any
-594-1memorandum, writing, entry, print, document, representation,
2or combination thereof, of any act, transaction, occurrence,
3event, or communication from any source, and in the regular
4course of business has caused any or all of the same to
5be recorded, copied, or reproduced by any photographic,
6photostatic, microfilm, microcard, miniature photographic,
7electronic imaging, electronic data processing, or other
8process which accurately reproduces or forms a durable
9medium for accurately and legibly reproducing an unaltered
10image or reproduction of the original, the original may be
11destroyed. Such reproduction, when satisfactorily identified,
12is as admissible in evidence as the original itself in any
13judicial or administrative proceeding whether the original is
14in existence or not and an enlargement or facsimile of such
15reproduction is likewise admissible in evidence if the original
16recording, copy, or reproduction is in existence and available
17for inspection. The introduction of a reproduced record,
18enlargement, or facsimile, does not preclude admission of the
19original.
202. The electronically imaged, copied, or otherwise
21reproduced record or document maintained or received by the
22unit child support services, when certified over the signature
23of a designated employee of the unit child support services,
24shall be considered to be satisfactorily identified. Certified
25documents are deemed to have been imaged or copied or otherwise
26reproduced accurately and unaltered in the regular course of
27business, and such documents are admissible in any judicial or
28administrative proceeding as evidence. Additional proof of
29the official character of the person certifying the record or
30authenticity of the person’s signature shall not be required.
31Whenever the unit child support services or an employee of the
32unit child support services is served with a summons, subpoena,
33subpoena duces tecum, or order directing production of such
34records, the unit child support services or the employee may
35comply by transmitting a copy of the record certified as
-595-1described above to the district court.
2 Sec. 864. Section 252B.20, Code 2023, is amended to read as
3follows:
4252B.20 Suspension of support — request by mutual consent.
51. If the unit child support services is providing child
6support enforcement services pursuant to this chapter, the
7parents of a dependent child for whom support has been ordered
8pursuant to chapter 252A, 252C, 252F, 598, 600B, or any other
9chapter, may jointly request the assistance of the unit child
10support services in suspending the obligation for support if
11all of the following conditions exist:
12a. The parents have reconciled and are cohabiting, and
13the child for whom support is ordered is living in the same
14residence as the parents, or the child is currently residing
15with the parent who is ordered to pay support. If the basis for
16suspension under this paragraph applies to at least one but not
17all of the children for whom support is ordered, the condition
18of this paragraph is met only if the support order includes a
19step change.
20b. The child for whom support is ordered is not receiving
21public assistance pursuant to chapter 239B, 249A, or a
22comparable law of another state or foreign country, unless the
23person against whom support is ordered is considered to be a
24member of the same household as the child for the purposes of
25public assistance eligibility.
26c. The parents have signed a notarized affidavit attesting
27to the conditions under paragraphs “a” and “b”, have consented
28to suspension of the support order or obligation, and have
29submitted the affidavit to the unit child support services.
30d. No prior request for suspension has been filed with
31the unit child support services under this section and no
32prior request for suspension has been served by the unit child
33support services under section 252B.20A during the two-year
34period preceding the request.
35e. Any other criteria established by rule of the department.
-596- 12. Upon receipt of the application for suspension and
2properly executed and notarized affidavit, the unit child
3support services shall review the application and affidavit to
4determine that the necessary criteria have been met. The unit
5 Child support services shall then do one of the following:
6a. Deny the request and notify the parents in writing
7that the application is being denied, providing reasons for
8the denial and notifying the parents of the right to proceed
9through private counsel. Denial of the application is not
10subject to contested case proceedings or further review
11pursuant to chapter 17A.
12b. Approve the request and prepare an order which shall be
13submitted, along with the affidavit, to a judge of a district
14court for approval, suspending the accruing support obligation
15and, if requested by the obligee, and if not prohibited by
16chapter 252K, satisfying the obligation of support due the
17obligee. If the basis for suspension applies to at least one
18but not all of the children for whom support is ordered and the
19support order includes a step change, the unit child support
20services shall prepare an order suspending the accruing support
21obligation for each child to whom the basis for suspension
22applies.
233. An order approved by the court for suspension of an
24accruing support obligation is effective upon the date of
25filing of the suspension order. The satisfaction of an
26obligation of support due the obligee shall be final upon the
27filing of the suspension order. A support obligation which is
28satisfied is not subject to the reinstatement provisions of
29this section.
304. An order suspending an accruing support obligation
31entered by the court pursuant to this section shall be
32considered a temporary order for the period of six months from
33the date of filing of the suspension order. However, the
34six-month period shall not include any time during which an
35application for reinstatement is pending before the court.
-597- 15. During the six-month period the unit child support
2services may request that the court reinstate the accruing
3support order or obligation if any of the following conditions
4exist:
5a. Upon application to the unit child support services by
6either parent or other person who has physical custody of the
7child.
8b. Upon the receipt of public assistance benefits, pursuant
9to chapter 239B, 249A, or a comparable law of another state
10or foreign country, by the person entitled to receive support
11and the child on whose behalf support is paid, provided that
12the person owing the support is not considered to be a member
13of the same household as the child for the purposes of public
14assistance eligibility.
156. If a condition under subsection 5 exists, the unit
16 child support services may request that the court reinstate an
17accruing support obligation as follows:
18a. If the basis for the suspension no longer applies to any
19of the children for whom an accruing support obligation was
20suspended, the unit child support services shall request that
21the court reinstate the accruing support obligations for all of
22the children.
23b. If the basis for the suspension continues to apply to
24at least one but not all of the children for whom an accruing
25support obligation was suspended and if the support order
26includes a step change, the unit child support services
27 shall request that the court reinstate the accruing support
28obligation for each child for whom the basis for the suspension
29no longer applies.
307. Upon filing of an application for reinstatement, service
31of the application shall be made either in person or by first
32class mail upon both parents. Within ten days following the
33date of service, the parents may file a written objection with
34the clerk of the district court to the entry of an order for
35reinstatement.
-598- 1a. If no objection is filed, the court may enter an order
2reinstating the accruing support obligation without additional
3notice.
4b. If an objection is filed, the clerk of court shall set
5the matter for hearing and send notice of the hearing to both
6parents and the unit child support services.
78. The reinstatement is effective as follows:
8a. For reinstatements initiated under subsection 5,
9paragraph “a”, the date the notices were served on both parents
10pursuant to subsection 7.
11b. For reinstatements initiated under subsection 5,
12paragraph “b”, the date the child began receiving public
13assistance benefits during the suspension of the obligation.
14c. Support which became due during the period of suspension
15but prior to the reinstatement is waived and not due and owing
16unless the parties requested and agreed to the suspension under
17false pretenses.
189. If the order suspending a support obligation has been
19on file with the court for a period exceeding six months as
20computed pursuant to subsection 4, the order becomes final by
21operation of law and terminates the support obligation, and
22thereafter, a party seeking to establish a support obligation
23against either party shall bring a new action for support as
24provided by law.
2510. This section shall not limit the rights of the parents
26or the unit child support services to proceed by other means to
27suspend, terminate, modify, reinstate, or establish support.
2811. This section does not provide for the suspension or
29retroactive modification of support obligations which accrued
30prior to the entry of an order suspending enforcement and
31collection of support pursuant to this section. However, if in
32the application for suspension, an obligee elects to satisfy an
33obligation of accrued support due the obligee, the suspension
34order may satisfy the obligation of accrued support due the
35obligee.
-599- 112. Nothing in this section shall prohibit or limit the
2unit child support services or a party entitled to receive
3support from enforcing and collecting any unpaid or unsatisfied
4support that accrued prior to the suspension of the accruing
5obligation.
613. For the purposes of chapter 252H, subchapter II,
7regarding the criteria for a review or for a cost-of-living
8alteration under chapter 252H, subchapter IV, if a support
9obligation is terminated or reinstated under this section,
10such termination or reinstatement shall not be considered a
11modification of the support order.
1214. As used in this section, unless the context otherwise
13requires, “step change” means a change designated in a support
14order specifying the amount of the child support obligation
15as the number of children entitled to support under the order
16changes.
1715. As specified in this section, if the child for whom
18support is ordered is not receiving public assistance pursuant
19to chapter 239B, 249A, or a comparable law of another state
20or foreign country, upon agreement of the parents, the unit
21 child support services may facilitate the suspension of the
22child support order or obligation if the child is residing
23with a caretaker, who is a natural person, and who has not
24requested the unit child support services to provide services
25under this chapter. The parents and the caretaker shall sign
26a notarized affidavit attesting to the conditions under this
27section, consent to the suspension of the support order or
28obligation, and submit the affidavit to the unit child support
29services. Upon the receipt of public assistance benefits
30pursuant to chapter 239B, 249A, or a comparable law of another
31state or foreign country, by the child on whose behalf support
32is ordered, or upon application to the unit child support
33services by either parent or the caretaker, the unit child
34support services may, within the time periods specified in this
35section, request the reinstatement of the accruing support
-600-1order or obligation pursuant to this section.
216. The department may adopt all necessary and proper rules
3to administer and interpret this section.
4 Sec. 865. Section 252B.20A, Code 2023, is amended to read
5as follows:
6252B.20A Suspension of support — request by one party.
71. If the unit child support services is providing child
8support enforcement services pursuant to this chapter, the
9obligor who is ordered to pay support for the dependent child
10pursuant to chapter 252A, 252C, or 252F, may request the
11assistance of the unit child support services in suspending
12the obligation for support if all of the following conditions
13exist:
14a. The child is currently residing with the obligor and has
15been for more than sixty consecutive days. If the basis for
16suspension under this paragraph applies to at least one but not
17all of the children for whom support is ordered, the condition
18of this paragraph is met only if the support order includes a
19step change.
20b. There is no order in effect regarding legal custody,
21physical care, visitation, or other parenting time for the
22child.
23c. It is reasonably expected that the basis for suspension
24under this section will continue for not less than six months.
25d. The child for whom support is ordered is not receiving
26public assistance pursuant to chapter 239B, 249A, or a
27comparable law of another state or foreign country, unless the
28obligor is considered to be a member of the same household as
29the child for the purposes of public assistance eligibility.
30e. The obligor has signed a notarized affidavit, provided
31by the unit child support services, attesting to the existence
32of the conditions under paragraphs “a” through “d”, has
33requested suspension of the support order or obligation, and
34has submitted the affidavit to the unit child support services.
35f. No prior request for suspension has been served under
-601-1this section, and no prior request for suspension has been
2filed with the unit child support services pursuant to section
3252B.20, during the two-year period preceding the request.
4g. Any other criteria established by rule of the department.
52. Upon receipt of the application for suspension and
6properly executed and notarized affidavit, the unit child
7support services shall review the application and affidavit
8to determine that the criteria have been met. The unit Child
9support services shall then do one of the following:
10a. If the unit child support services determines the
11criteria have not been met, deny the request and notify the
12obligor in writing that the application is being denied,
13providing reasons for the denial and notifying the obligor of
14the right to proceed through private counsel. Denial of the
15application is not subject to contested case proceedings or
16further review pursuant to chapter 17A.
17b. If the unit child support services determines the
18criteria have been met, serve a copy of the notice and
19supporting documents on the obligee by any means provided in
20section 252B.26. The notice to the obligee shall include all
21of the following:
22(1) Information sufficient to identify the parties and the
23support order affected.
24(2) An explanation of the procedure for suspension and
25reinstatement of support under this section.
26(3) An explanation of the rights and responsibilities of the
27obligee, including the applicable procedural time frames.
28(4) A statement that within twenty days of service, the
29obligee must submit a signed and notarized response to the
30unit child support services objecting to at least one of the
31assertions in subsection 1, paragraphs “a” through “d”. The
32statement shall inform the obligee that if, within twenty days
33of service, the obligee fails to submit a response as specified
34in this subparagraph, notwithstanding rules of civil procedure
351.972(2) and 1.972(3), the unit child support services will
-602-1prepare and submit an order as provided in subsection 3,
2paragraph “b”.
33. No sooner than thirty days after service on the obligee
4under subsection 2, paragraph “b”, the unit child support
5services shall do one of the following:
6a. If the obligee submits a signed and notarized objection
7to any assertion in subsection 1, paragraphs “a” through “d”,
8deny the request and notify the parties in writing that the
9application is denied, providing reasons for the denial, and
10notifying the parties of the right to proceed through private
11counsel. Denial of the application is not subject to contested
12case proceedings or further review pursuant to chapter 17A.
13b. If the obligee does not timely submit a signed and
14notarized objection to the unit child support services, prepare
15an order which shall be submitted, along with supporting
16documents, to a judge of a district court for approval,
17suspending the accruing support obligation. If the basis for
18suspension applies to at least one but not all of the children
19for whom support is ordered and the support order includes a
20step change, the unit child support services shall prepare an
21order suspending the accruing support obligation for each child
22to whom the basis for suspension applies.
234. An order approved by the court for suspension of an
24accruing support obligation is effective upon the date of
25filing of the suspension order.
265. An order suspending an accruing support obligation
27entered by the court pursuant to this section shall be
28considered a temporary order for the period of six months from
29the date of filing of the suspension order. However, the
30six-month period shall not include any time during which an
31application for reinstatement is pending before the court.
326. During the six-month period, the unit child support
33services may request that the court reinstate the accruing
34support order or obligation if any of the following conditions
35exist:
-603- 1a. Upon application to the unit child support services by
2either party or other person who has physical custody of the
3child.
4b. Upon the receipt of public assistance benefits pursuant
5to chapter 239B, 249A, or a comparable law of another state
6or foreign country, by the person entitled to receive support
7and the child on whose behalf support is paid, provided that
8the person owing the support is not considered to be a member
9of the same household as the child for the purposes of public
10assistance eligibility.
117. If a condition under subsection 6 exists, the unit
12 child support services may request that the court reinstate an
13accruing support obligation as follows:
14a. If the basis for the suspension no longer applies to any
15of the children for whom an accruing support obligation was
16suspended, the unit child support services shall request that
17the court reinstate the accruing support obligations for all of
18the children.
19b. If the basis for the suspension continues to apply to
20at least one but not all of the children for whom an accruing
21support obligation was suspended and if the support order
22includes a step change, the unit child support services
23 shall request that the court reinstate the accruing support
24obligation for each child for whom the basis for the suspension
25no longer applies.
268. Upon filing of an application for reinstatement, service
27of the application shall be made either in person or by first
28class mail upon the parties. Within ten days following the
29date of service, a party may file a written objection with
30the clerk of the district court to the entry of an order for
31reinstatement.
32a. If no objection is filed, the court may enter an order
33reinstating the accruing support obligation without additional
34notice.
35b. If an objection is filed, the clerk of court shall set
-604-1the matter for hearing and send notice of the hearing to the
2parties and the unit child support services.
39. a. The reinstatement is effective as follows:
4(1) For reinstatements initiated under subsection 6,
5paragraph “a”, the date the notices were served on the parties
6pursuant to subsection 8.
7(2) For reinstatements initiated under subsection 6,
8paragraph “b”, the date the child began receiving public
9assistance benefits during the suspension of the obligation.
10b. Support which became due during the period of suspension
11but prior to the reinstatement is waived and not due and owing
12unless the suspension was made under false pretenses.
1310. If the order suspending a support obligation has been
14on file with the court for a period exceeding six months as
15computed pursuant to subsection 5, the order becomes final by
16operation of law and terminates the support obligation, and
17thereafter, a party seeking to establish a support obligation
18against either party shall bring a new action for support as
19provided by law.
2011. Legal representation of the unit child support services
21 shall be provided pursuant to section 252B.7, subsection 4.
2212. This section shall not limit the rights of a party or
23the unit child support services to proceed by other means to
24suspend, terminate, modify, reinstate, or establish support.
2513. This section does not provide for the suspension or
26retroactive modification of support obligations which accrued
27prior to the entry of an order suspending enforcement and
28collection of support pursuant to this section.
2914. Nothing in this section shall prohibit or limit the
30unit child support services or a party entitled to receive
31support from enforcing and collecting any unpaid or unsatisfied
32support that accrued prior to the suspension of the accruing
33obligation.
3415. For the purposes of chapter 252H regarding the criteria
35for a review under subchapter II of that chapter or for a
-605-1cost-of-living alteration under subchapter IV of that chapter,
2if a support obligation is terminated or reinstated under
3this section, such termination or reinstatement shall not be
4considered a modification of the support order.
516. As used in this section, unless the context otherwise
6requires, “step change” means a change designated in a support
7order specifying the amount of the child support obligation
8as the number of children entitled to support under the order
9changes.
1017. As specified in this section, if the child for whom
11support is ordered is not receiving public assistance pursuant
12to chapter 239B, 249A, or a comparable law of another state
13or foreign country, upon request by the obligor, the unit
14 child support services may facilitate the suspension of the
15child support order or obligation if the child is residing
16with a caretaker, who is a natural person, and who has not
17requested the unit child support services to provide services
18under this chapter. The obligor and the caretaker shall sign
19a notarized affidavit attesting to the conditions under this
20section, consent to the suspension of the support order or
21obligation, and submit the affidavit to the unit child support
22services. Upon the receipt of public assistance benefits
23pursuant to chapter 239B, 249A, or a comparable law of another
24state or foreign country, by the child on whose behalf support
25is ordered, or upon application to the unit child support
26services by either party or the caretaker, the unit child
27support services may, within the time periods specified in this
28section, request the reinstatement of the accruing support
29order or obligation pursuant to this section.
3018. The department may adopt all necessary and proper rules
31to administer and interpret this section.
32 Sec. 866. Section 252B.21, Code 2023, is amended to read as
33follows:
34252B.21 Administrative seek employment orders.
351. For any support order being enforced by the unit child
-606-1support services, the unit child support services may enter
2an ex parte order requiring the obligor to seek employment
3if employment of the obligor cannot be verified and if the
4obligor has failed to make support payments. Advance notice is
5not required prior to entering the ex parte order. The order
6shall be served upon the obligor by regular mail, with proof of
7service completed as provided in rule of civil procedure 1.442.
8The unit Child support services shall file a copy of the order
9with the clerk of the district court.
102. The order to seek employment shall contain directives,
11including all of the following:
12a. That the obligor seek employment within a determinate
13amount of time.
14b. That the obligor file with the unit child support
15services on a weekly basis a report of at least five new
16attempts to find employment or of having found employment. The
17report shall include the names, addresses, and the telephone
18numbers of any employers or businesses with whom the obligor
19attempted to seek employment and the name of the individual
20contact to whom the obligor made application for employment or
21to whom an inquiry was directed.
22c. That failure to comply with the notice is evidence of a
23willful failure to pay support under section 598.23A.
24d. That the obligor shall provide the child support recovery
25unit services with verification of any reason for noncompliance
26with the order.
27e. The duration of the order, not to exceed three months.
283. The department may establish additional criteria or
29requirements relating to seek employment orders by rule as
30necessary to implement this section.
31 Sec. 867. Section 252B.22, subsection 1, unnumbered
32paragraph 1, Code 2023, is amended to read as follows:
33The child Child support recovery unit services created in
34this chapter shall establish a task force to assist in the
35development and implementation of all of the following:
-607-1 Sec. 868. Section 252B.23, Code 2023, is amended to read as
2follows:
3252B.23 Surcharge.
41. A surcharge shall be due and payable by the obligor on
5a support arrearage identified as difficult to collect and
6referred by the unit child support services on or after January
71, 1998, to a collection entity under contract with the unit
8 child support services or other state entity. The amount of
9the surcharge shall be a percent of the amount of the support
10arrearage referred to the collection entity and shall be
11specified in the contract with the collection entity. For the
12purpose of this chapter, a “collection entity” includes but is
13not limited to a state agency, including the central collection
14unit of the department of revenue, or a private collection
15agency. Use of a collection entity is in addition to any
16other legal means by which support payments may be collected.
17The unit Child support services shall continue to use other
18enforcement actions, as appropriate.
192. a. Notice that a surcharge may be assessed on a support
20arrearage referred to a collection entity pursuant to this
21section shall be provided to an obligor in accordance with one
22of the following as applicable:
23(1) In the order establishing or modifying the support
24obligation. The unit Child support services or the district
25court shall include notice in any new or modified support order
26issued on or after July 1, 1997.
27(2) Through notice sent by the unit child support services
28 by regular mail to the last known address of the support
29obligor.
30b. The notice shall also advise that any appropriate
31information may be provided to a collection entity for purposes
32of administering and enforcing the surcharge.
333. Arrearages submitted for referral and surcharge pursuant
34to this section shall meet all of the following criteria:
35a. The arrearages owed shall be based on a court or
-608-1administrative order which establishes the support obligation.
2b. The arrearage is due for a case in which the unit
3 child support services is providing services pursuant to this
4chapter and one for which the arrearage has been identified as
5difficult to collect by the unit child support services.
6c. The obligor was provided notice pursuant to subsection 2
7at least fifteen days prior to sending the notice of referral
8pursuant to subsection 4.
94. The unit Child support services shall send notice of
10referral to the obligor by regular mail to the obligor’s last
11known address, with proof of service completed according to
12rule of civil procedure 1.442, at least thirty days prior to
13the date the arrearage is referred to the collection entity.
14The notice shall inform the obligor of all of the following:
15a. The arrearage will be referred to a collection entity.
16b. Upon referral, a surcharge is due and payable by the
17obligor.
18c. The amount of the surcharge.
19d. That the obligor may avoid referral by paying the amount
20of the arrearage to the collection services center within
21twenty days of the date of notice of referral.
22e. That the obligor may contest the referral by submitting a
23written request for review of the unit child support services.
24The request shall be received by the unit child support
25services within twenty days of the date of the notice of
26referral.
27f. The right to contest the referral is limited to a mistake
28of fact, which includes a mistake in the identity of the
29obligor, a mistake as to fulfillment of the requirements for
30referral under this subsection, or a mistake in the amount of
31the arrearages.
32g. The unit Child support services shall issue a written
33decision following a requested review.
34h. Following the issuance of a written decision by the unit
35 child support services denying that a mistake of fact exists,
-609-1the obligor may request a hearing to challenge the surcharge
2by sending a written request for a hearing to the office of
3the unit which issued the decision child support services.
4The request shall be received by the office of the unit which
5issued the decision child support services within ten days of
6the unit’s child support services’ written decision. The only
7grounds for a hearing shall be mistake of fact. Following
8receipt of the written request, the unit which receives the
9request child support services shall certify the matter for
10hearing in the district court in the county in which the
11underlying support order is filed.
12i. The address of the collection services center for payment
13of the arrearages.
145. If the obligor pays the amount of arrearage within twenty
15days of the date of the notice of referral, referral of the
16arrearage to a collection entity shall not be made.
176. If the obligor requests a review or court hearing
18pursuant to this section, referral of the arrearages shall be
19stayed pending the decision of the unit child support services
20 or the court.
217. Actions of the unit child support services under this
22section shall not be subject to contested case proceedings or
23further review pursuant to chapter 17A and any resulting court
24hearing shall be an original hearing before the district court.
25However, the department shall establish, by rule pursuant to
26chapter 17A, an internal process to provide an additional
27review by the administrator of the child support recovery unit
28 director or the administrator’s director’s designee.
298. If an obligor does not pay the amount of the arrearage,
30does not contest the referral, or if following the unit’s
31 child support services’ review and any court hearing the unit
32 child support services or the court does not find a mistake
33of fact, the arrearages shall be referred to a collection
34entity. Following the review or hearing, if the unit child
35support services or the court finds a mistake in the amount
-610-1of the arrearage, the arrearages shall be referred to the
2collection entity in the appropriate arrearage amount. For
3arrearages referred to a collection entity, the obligor shall
4pay a surcharge equal to a percent of the amount of the support
5arrearage due as of the date of the referral. The surcharge
6is in addition to the arrearages and any other fees or charges
7owed, and shall be enforced by the collection entity as
8provided under section 252B.5. Upon referral to the collection
9entity, the surcharge is an automatic judgment against the
10obligor.
119. The director or the director’s designee may file a notice
12of the surcharge with the clerk of the district court in the
13county in which the underlying support order is filed. Upon
14filing, the clerk shall enter the amount of the surcharge on
15the lien index and judgment docket.
1610. Following referral of a support arrearage to a
17collection entity, the surcharge shall be due and owing and
18enforceable by a collection entity or the unit child support
19services notwithstanding satisfaction of the support obligation
20or whether the collection entity is enforcing a support
21arrearage. However, the unit child support services may waive
22payment of all or a portion of the surcharge if waiver will
23facilitate the collection of the support arrearage.
2411. All surcharge payments shall be received and disbursed
25by the collection services center. The surcharge payments
26received by the collection services center shall be considered
27repayment receipts as defined in section 8.2 and shall be used
28to pay the costs of any contracts with a collection entity.
2912. a. A payment received by the collection services center
30which meets all the following conditions shall be allocated as
31specified in paragraph “b”:
32(1) The payment is for a case in which arrearages have been
33referred to a collection entity.
34(2) A surcharge is assessed on the arrearages.
35(3) The payment is collected under the provisions of the
-611-1contract with the collection entity.
2b. A payment meeting all of the conditions in paragraph “a”
3shall be allocated between support and costs and fees, and the
4surcharge according to the following formula:
5(1) The payment shall be divided by the sum of one hundred
6percent plus the percent specified in the contract.
7(2) The quotient shall be the amount allocated to the
8support arrearage and other fees and costs.
9(3) The difference between the dividend and the quotient
10shall be the amount allocated to the surcharge.
1113. Any computer or software programs developed and any
12records used in relation to a contract with a collection entity
13remain the property of the department.
14 Sec. 869. Section 252B.24, Code 2023, is amended to read as
15follows:
16252B.24 State case registry.
171. Beginning October 1, 1998, the unit Child support
18services shall operate a state case registry to the extent
19determined by applicable time frames and other provisions of
2042 U.S.C. §654a(e) and this section. The unit Child support
21services and the judicial branch shall enter into a cooperative
22agreement for the establishment and operation of the registry
23by the unit child support services. The state case registry
24shall include records with respect to all of the following:
25a. Unless prohibited by federal law, each case for which
26services are provided under this chapter.
27b. Each order for support, as defined in section 252D.16 or
28598.1, which meets at least one of the following criteria:
29(1) The support order is established or modified in this
30state on or after October 1, 1998.
31(2) The income of the obligor is subject to income
32withholding under chapter 252D, including any support order for
33which the district court enters an ex parte order under chapter
34252D on or after October 1, 1998.
352. The clerk of the district court shall provide the
-612-1unit child support services with any information, orders,
2or documents requested by the unit child support services
3 to establish or operate the state case registry, which are
4specified in the agreement described in subsection 1, within
5the time frames specified in that agreement. The agreement
6shall include but is not limited to provisions to provide for
7all of the following:
8a. Provision to the unit child support services of
9information, orders, and documents necessary for the unit child
10support services to meet requirements described in 42 U.S.C.
11§654a(e) and this section.
12b. Provision to the unit child support services of
13information filed with the clerk of the district court by a
14party under section 598.22B, and the social security number
15of a child filed with the clerk of the district court under
16section 602.6111.
17c. Use of automation, as appropriate, to meet the
18requirements described in 42 U.S.C. §654a(e) and this section.
193. The records of the state case registry are confidential
20records pursuant to chapter 22 and may only be disclosed or
21used as provided in section 252B.9.
22 Sec. 870. Section 252B.25, Code 2023, is amended to read as
23follows:
24252B.25 Contempt — combining actions.
25Notwithstanding any provision of law to the contrary, if
26an obligor has been ordered to provide support in more than
27one order, the unit child support services may bring a single
28action for contempt to enforce the multiple orders. However,
29if the obligor objects to the consolidation of the actions
30regarding multiple orders into a single action for contempt,
31and the court determines that severance of the single action
32into multiple actions is in the interest of justice, the
33unit child support services shall bring multiple actions for
34contempt to enforce the multiple orders. If the single action
35is brought and the obligor does not object, the unit child
-613-1support services shall file the action in the district court of
2a county where the obligor resides, or if the obligor does not
3reside in the state, in the district court of the county where
4at least one of the support orders was entered or registered.
5For the purposes of this section, the district court where
6the unit child support services files the action shall have
7jurisdiction and authority over all other support orders for
8the obligor entered or registered by a court of this state and
9affected under this section. In such case, the unit child
10support services shall also file a document with the clerk of
11court in each county affected specifying the county where the
12action under this section was filed and the disposition of the
13action.
14 Sec. 871. Section 252B.26, Code 2023, is amended to read as
15follows:
16252B.26 Service of process.
17Notwithstanding any provision of law to the contrary, the
18unit child support services may serve a petition, notice, or
19rule to show cause under this chapter or chapter 252A, 252C,
20252F, 252H, 252K, 598, or 665 as specified in each chapter, or
21as follows:
221. The unit Child support services may serve a petition,
23notice, or rule to show cause by certified mail. Return
24acknowledgment is required to prove service by certified mail,
25rules of civil procedure 1.303(5) and 1.308(5) shall not apply,
26and the return acknowledgment shall be filed with the clerk of
27court.
282. The unit Child support services may serve a notice
29of intent under chapter 252H, or a notice of decision under
30section 252H.14A, upon any party or parent who is receiving
31family investment program assistance for the parent or child by
32sending the notice by regular mail to the address maintained by
33the department. Rules of civil procedure 1.303(5) and 1.308(5)
34shall not apply and the unit child support services shall file
35proof of service as provided in chapter 252H. If the notice is
-614-1determined to be undeliverable, the unit child support services
2 shall serve the notice as otherwise provided in this section
3or by personal service.
4 Sec. 872. Section 252B.27, Code 2023, is amended to read as
5follows:
6252B.27 Use of funding for additional positions.
71. The director, within the limitations of the amount
8appropriated for the unit child support services, or moneys
9transferred for this purpose from the family investment program
10account created in section 239B.11, may establish new positions
11and add employees to the unit child support services if the
12director determines that both the current and additional
13employees together can reasonably be expected to maintain or
14increase net state revenue at or beyond the budgeted level for
15the fiscal year.
162. a. The director may establish new positions and add
17state employees to the unit child support services or contract
18for delivery of services if the director determines the
19employees are necessary to replace county-funded positions
20eliminated due to termination, reduction, or nonrenewal of
21a chapter 28E contract. However, the director must also
22determine that the resulting increase in the state share of
23child support recovery services incentives exceeds the cost
24of the positions or contract, the positions or contract are
25necessary to ensure continued federal funding of the unit
26 child support services, or the new positions or contract can
27reasonably be expected to recover at least twice the amount of
28money necessary to pay the salaries and support for the new
29positions or the contract will generate at least two hundred
30percent of the cost of the contract.
31b. Employees in full-time positions that transition
32from county government to state government employment under
33this subsection are exempt from testing, selection, and
34appointment provisions of chapter 8A, subchapter IV, and from
35the provisions of collective bargaining agreements relating to
-615-1the filling of vacant positions.
2 Sec. 873. Section 252C.1, Code 2023, is amended to read as
3follows:
4252C.1 Definitions.
5As used in this chapter, unless the context otherwise
6requires:
71. “Administrator” means the administrator of the child
8support recovery unit of the department of human services, or
9the administrator’s designee.
102. 1. “Caretaker” means a parent, relative, guardian,
11or another person who is responsible for paying foster care
12costs pursuant to chapter 234 or whose needs are included in an
13assistance payment made pursuant to chapter 239B.
142. “Child support services” means child support services
15created in section 252B.2.
163. “Court order” means a judgment or order requiring the
17payment of a set or determinable amount of monetary support.
18For orders entered on or after July 1, 1990, unless the court
19specifically orders otherwise, medical support, as defined
20in section 252E.1, is not included in the amount of monetary
21support.
224. “Department” means the department of health and human
23services.
245. “Dependent child” means a person who meets the
25eligibility criteria established in chapter 234 or 239B and
26whose support is required by chapter 234, 239B, 252A, 252F,
27598, or 600B.
286. “Director” means the director of health and human
29services.
306. 7. “Medical support” means medical support as defined
31in section 252E.1.
327. 8. “Public assistance” means foster care costs paid by
33the department pursuant to chapter 234 or assistance provided
34pursuant to chapter 239B.
358. 9. “Responsible person” means a parent, relative,
-616-1guardian, or another person legally liable for the support of a
2child or a child’s caretaker.
3 Sec. 874. Section 252C.2, Code 2023, is amended to read as
4follows:
5252C.2 Assignment — creation of support debt — subrogation.
61. If public assistance is provided by the department
7to or on behalf of a dependent child or a dependent child’s
8caretaker, there is an assignment by operation of law to the
9department of any and all right in, title to, and interest in
10any support obligation, payment, and arrearages owed to or for
11the child or caretaker up to the amount of public assistance
12paid for or on behalf of the child or caretaker. Unless
13otherwise specified in the order, an equal and proportionate
14share of any child support awarded is presumed to be payable
15on behalf of each child subject to the order or judgment for
16purposes of an assignment under this section. For family
17investment program assistance, section 239B.6 shall apply.
182. The payment of public assistance to or for the benefit of
19a dependent child or a dependent child’s caretaker creates a
20support debt due and owing to the department by the responsible
21person in an amount equal to the public assistance payment,
22except that the support debt is limited to the amount of
23a support obligation established by court order or by the
24administrator department. The administrator department may
25establish a support debt as to amounts accrued and accruing
26pursuant to section 598.21B. However, when establishing a
27support obligation against a responsible person, no debt shall
28be created for the period during which the responsible person
29is a recipient on the person’s own behalf of public assistance
30for the benefit of the dependent child or the dependent child’s
31caretaker, if any of the following conditions exist:
32a. The parents have reconciled and are cohabiting, and the
33child for whom support would otherwise be sought is living in
34the same residence as the parents.
35b. The child is living with the parent from whom support
-617-1would otherwise be sought.
23. The provision of child support collection or paternity
3determination services under chapter 252B to an individual,
4even though the individual is ineligible for public assistance,
5creates a support debt due and owing to the individual or the
6individual’s child or ward by the responsible person in the
7amount of a support obligation established by court order or
8by the administrator department. The administrator department
9 may establish a support debt in favor of the individual or the
10individual’s child or ward and against the responsible person,
11both as to amounts accrued and accruing, pursuant to section
12598.21B.
134. The payment of medical assistance pursuant to chapter
14249A for the benefit of a dependent child or a dependent
15child’s caretaker creates a support debt due and owing to the
16department. The administrator department may establish an
17order for medical support.
185. The department is subrogated to the rights of a dependent
19child or a dependent child’s caretaker to bring a court action
20or to execute an administrative remedy for the collection
21of support. The administrator department may petition an
22appropriate court for modification of a court order on the same
23grounds as a party to the court order can petition the court
24for modification.
25 Sec. 875. Section 252C.3, Code 2023, is amended to read as
26follows:
27252C.3 Notice of support debt — failure to respond —
28hearing — order.
291. The administrator department may issue a notice stating
30the intent to secure an order for either medical support as
31provided in chapter 252E or payment of an accrued or accruing
32support debt due and owed to the department or an individual
33under section 252C.2, or both. The notice shall be served upon
34the responsible person in accordance with the rules of civil
35procedure. The notice shall include all of the following:
-618- 1a. A statement that the support obligation will be set
2pursuant to the child support guidelines established pursuant
3to section 598.21B, and the criteria established pursuant to
4section 252B.7A, and that the responsible person is required to
5provide medical support in accordance with chapter 252E.
6b. The name of a public assistance recipient and the name of
7the dependent child or caretaker for whom the public assistance
8is paid.
9c. (1) A statement that if the responsible person desires
10to discuss the amount of support that a responsible person
11should be required to pay, the responsible person may, within
12ten days after being served, contact the office of the child
13support recovery unit which sent the notice services and
14request a negotiation conference.
15(2) A statement that if a negotiation conference is
16requested, then the responsible person shall have ten days from
17the date set for the negotiation conference or thirty days from
18the date of service of the original notice, whichever is later,
19to send a request for a hearing to the office of the child
20support recovery unit which issued the notice services.
21(3) A statement that after the holding of the negotiation
22conference, the administrator department may issue a new notice
23and finding of financial responsibility for child support or
24medical support, or both, to be sent to the responsible person
25by regular mail addressed to the responsible person’s last
26known address, or if applicable, to the last known address of
27the responsible person’s attorney.
28(4) A statement that if the administrator department issues
29a new notice and finding of financial responsibility for child
30support or medical support, or both, then the responsible
31person shall have thirty days from the date of issuance of the
32new notice to send a request for a hearing to the office of the
33 child support recovery unit which issued the notice services.
34If the administrator department does not issue a new notice
35and finding of financial responsibility for child support or
-619-1medical support, or both, the responsible party shall have ten
2days from the date of issuance of the conference report to send
3a request for a hearing to the office of the child support
4recovery unit which issued the conference report services.
5d. A statement that if the responsible person objects
6to all or any part of the notice or finding of financial
7responsibility for child support or medical support, or both,
8and a negotiation conference is not requested, the responsible
9person shall, within thirty days of the date of service send to
10the office of the child support recovery unit which issued the
11notice services a written response setting forth any objections
12and requesting a hearing.
13e. A statement that if a timely written request for a
14hearing is received by the office of the child support recovery
15unit which issued the notice services, the responsible person
16shall have the right to a hearing to be held in district
17court; and that if no timely written response is received, the
18administrator department may enter an order in accordance with
19the notice and finding of financial responsibility for child
20support or medical support, or both.
21f. A statement that, as soon as the order is entered, the
22property of the responsible person is subject to collection
23action, including but not limited to wage withholding,
24garnishment, attachment of a lien, and execution.
25g. A statement that the responsible person shall notify the
26administrator department of any change of address, employment,
27or medical coverage as required by chapter 252E.
28h. A statement that if the responsible person has any
29questions, the responsible person should telephone or visit an
30office of the child support recovery unit services or consult
31an attorney.
32i. Such other information as the administrator department
33 finds appropriate.
342. The time limitations for requesting a hearing in
35subsection 1 may be extended by the administrator department.
-620- 13. If a timely written response setting forth objections and
2requesting a hearing is received by the appropriate office of
3the child support recovery unit services, a hearing shall be
4held in district court.
54. If timely written response and request for hearing is
6not received by the appropriate office of the child support
7recovery unit services, the administrator department may enter
8an order in accordance with the notice, and shall specify all
9of the following:
10a. The amount of monthly support to be paid, with directions
11as to the manner of payment.
12b. The amount of the support debt accrued and accruing in
13favor of the department.
14c. The name of the custodial parent or agency having custody
15of the dependent child and the name and birth date of the
16dependent child for whom support is to be paid.
17d. That the property of the responsible person is subject
18to collection action, including but not limited to wage
19withholding, garnishment, attachment of a lien, and execution.
20e. The medical support required pursuant to chapter 598 and
21rules adopted pursuant to chapter 252E.
225. The responsible person shall be sent a copy of the order
23by regular mail addressed to the responsible person’s last
24known address, or if applicable, to the last known address of
25the responsible person’s attorney. The order is final, and
26action by the administrator department to enforce and collect
27upon the order, including arrearages and medical support, or
28both, may be taken from the date of approval of the order by the
29court pursuant to section 252C.5.
30 Sec. 876. Section 252C.4, Code 2023, is amended to read as
31follows:
32252C.4 Certification to court — hearing — default.
331. A responsible person or the child support recovery
34unit services may request a hearing regarding a determination
35of support. If a timely written request for a hearing is
-621-1received, the administrator department shall certify the matter
2to the district court as follows:
3a. If the child or children reside in Iowa, and the unit
4 child support services is seeking an accruing obligation, in
5the county in which the dependent child or children reside.
6b. If the child or children received public assistance in
7Iowa, and the unit child support services is seeking only an
8accrued obligation, in the county in which the dependent child
9or children last received public assistance.
10c. If the action is the result of a request from another
11state or foreign country to establish support by a responsible
12person located in Iowa, in the county in which the responsible
13person resides.
142. The certification shall include true copies of the
15notice and finding of financial responsibility or notice of the
16support debt accrued and accruing, the return of service, the
17written objections and request for hearing, and true copies of
18any administrative orders previously entered.
193. The court shall set the matter for hearing and notify the
20parties of the time and place of hearing.
214. The court shall establish the monthly child support
22payment and the amount of the support debt accrued and accruing
23pursuant to section 598.21B, or medical support pursuant to
24chapter 252E, or both.
255. If a party fails to appear at the hearing, upon a showing
26of proper notice to that party, the court shall find that party
27in default and enter an appropriate order.
286. Actions initiated by the administrator department under
29this chapter are not subject to chapter 17A and resulting court
30hearings following certification shall be an original hearing
31before the district court.
327. If a responsible person contests an action initiated
33under this chapter by denying paternity, the following shall
34apply, as necessary:
35a. (1) If the prior determination of paternity is based on
-622-1an affidavit of paternity filed pursuant to section 252A.3A, or
2an administrative order entered pursuant to chapter 252F, or an
3order by the courts of this state, or by operation of law when
4the mother and established father are or were married to each
5other, the provisions of section 600B.41A are applicable.
6(2) If the court determines that the prior determination of
7paternity should not be overcome pursuant to section 600B.41A,
8and that the responsible person has a duty to provide support,
9the court shall enter an order establishing the monthly child
10support payment and the amount of the support debt accrued
11and accruing pursuant to section 598.21B, or medical support
12pursuant to chapter 252E, or both.
13b. If the prior determination of paternity is based on an
14administrative or court order or other means, pursuant to the
15laws of another state or foreign country, an action to overcome
16the prior determination of paternity shall be filed in that
17jurisdiction. Unless the responsible person requests and is
18granted a stay of an action initiated under this chapter to
19establish child or medical support, the action shall proceed as
20otherwise provided by this chapter.
21 Sec. 877. Section 252C.5, Code 2023, is amended to read as
22follows:
23252C.5 Filing and docketing of financial responsibility order
24— order effective as district court decree.
251. A true copy of any order entered by the administrator
26 department pursuant to this chapter, along with a true copy
27of the return of service, if applicable, may be filed in
28the office of the clerk of the district court in the manner
29established pursuant to section 252C.4, subsection 1.
302. The administrator’s department’s order shall be
31presented, ex parte, to the district court for review and
32approval. Unless defects appear on the face of the order or on
33the attachments, the district court shall approve the order.
34The approved order shall have all the force, effect, and
35attributes of a docketed order or decree of the district court.
-623- 13. Upon filing, the clerk shall enter the order in the
2judgment docket.
34. If the responsible party appeals the order approved
4by the court under this section, and the court on appeal
5establishes an amount of support which is less than the amount
6of support established under the approved order, the court, in
7the order issued on appeal, shall reconcile the amounts due
8and shall provide that any amount which represents the unpaid
9difference between the amount under the approved order and the
10amount under the order of the court on appeal is satisfied.
11 Sec. 878. Section 252C.6, Code 2023, is amended to read as
12follows:
13252C.6 Interest on support debts.
14Interest accrues on support debts at the rate provided
15in section 535.3 for court judgments. The administrator
16 department may collect the accrued interest but is not required
17to maintain interest balance accounts. The department Child
18support services may waive payment of the interest if the
19waiver will facilitate the collection of the support debt.
20 Sec. 879. Section 252C.8, Code 2023, is amended to read as
21follows:
22252C.8 Temporary restraining order or bond.
23If the administrator department reasonably believes that the
24responsible person is not a resident of this state, is about to
25move from this state, or is concealing the responsible person’s
26whereabouts, or that the responsible person has removed or
27is about to remove, secrete, waste, or otherwise dispose of
28property which could be made subject to collection procedures
29to satisfy the support debt, the administrator department may
30petition the district court for a temporary restraining order
31barring the removal, secretion, waste, or disposal. However,
32if the responsible person furnishes a bond satisfactory to the
33court, the temporary restraining order shall be vacated.
34 Sec. 880. Section 252C.12, Code 2023, is amended to read as
35follows:
-624- 1252C.12 Waiver of time limitations by responsible person.
21. A responsible person may waive the time limitations
3established in section 252C.3.
42. Upon receipt of a signed statement from each responsible
5person waiving the time limitations established in section
6252C.3, the administrator department may proceed to enter an
7order for support and the court may approve the order, whether
8or not the time limitations have expired.
93. If a responsible person waives the time limitations
10established in section 252C.3 and an order for support is
11entered under this chapter, the signed statement of the
12responsible person waiving the time limitations shall be filed
13with the order for support.
14 Sec. 881. Section 252D.1, Code 2023, is amended to read as
15follows:
16252D.1 Delinquent support payments.
17If support payments ordered under this chapter or chapter
18232, 234, 252A, 252C, 252E, 252F, 598, 600B, or any other
19applicable chapter, or under a comparable statute of another
20state or foreign country, as certified to the child support
21recovery unit established in section 252B.2 services, are not
22paid to the clerk of the district court or the collection
23services center pursuant to section 598.22 or, as appropriate,
24a comparable government entity in another state as provided
25in chapter 252K, and become delinquent in an amount equal to
26the payment for one month, the child support recovery unit
27 services may enter an ex parte order or, upon application of a
28person entitled to receive the support payments, the district
29court may enter an ex parte order, notifying the person whose
30income is to be withheld, of the delinquent amount, of the
31amount of income to be withheld, and of the procedure to
32file a motion to quash the order for income withholding, and
33ordering the withholding of specified sums to be deducted
34from the delinquent person’s income as defined in section
35252D.16 sufficient to pay the support obligation and, except as
-625-1provided in section 598.22, requiring the payment of such sums
2to the clerk of the district court or the collection services
3center or, as appropriate, a comparable government entity
4in another state as provided in chapter 252K. All income
5withholding payments shall be paid to the collection services
6center or, as appropriate, a comparable government entity in
7another state as provided in chapter 252K. Notification of
8income withholding shall be provided to the obligor and to the
9payor of income pursuant to section 252D.17.
10 Sec. 882. Section 252D.8, Code 2023, is amended to read as
11follows:
12252D.8 Persons subject to immediate income withholding.
131. In a support order issued or modified on or after
14November 1, 1990, for which services are being provided by the
15 child support recovery unit services, and in any support orders
16issued or modified after January 1, 1994, for which services
17are not provided by the child support recovery unit services,
18the income of a support obligor is subject to withholding, on
19the effective date of the order, regardless of whether support
20payments by the obligor are in arrears. If services are being
21provided pursuant to chapter 252B, the child support recovery
22unit services may enter an ex parte order for an immediate
23withholding of income. The district court may enter an ex
24parte order for immediate income withholding for cases in which
25the child support recovery unit services is not providing
26services. The income of the obligor is subject to immediate
27withholding unless one of the following occurs:
28a. One of the parties demonstrates and the court or child
29support recovery unit services finds there is good cause not to
30require immediate withholding. A finding of good cause shall
31be based on, at a minimum, written findings and conclusions by
32the court or administrative authority as to why implementing
33immediate withholding would not be in the best interests of the
34child. In cases involving modifications, the findings shall
35also include proof of timely payment of previously ordered
-626-1support.
2b. A written agreement is reached between both parties
3which provides for an alternative arrangement. If the support
4payments have been assigned to the department of human services
5 pursuant to chapter 234 or 239B, or a comparable statute of
6another jurisdiction, the department shall be considered a
7party to the support order, and a written agreement pursuant
8to this section to waive immediate withholding is void unless
9approved by the child support recovery unit services. Any
10agreement existing at the time an assignment of support is made
11pursuant to chapter 234 or 239B or pursuant to a comparable
12statute of another jurisdiction shall not prevent the child
13support recovery unit services from implementing immediate
14withholding.
152. For an order not requiring immediate withholding, income
16of an obligor is subject to immediate withholding, without
17regard to whether there is an arrearage, on the earliest of the
18following:
19a. The date the obligor requests that the withholding begin.
20b. The date the custodial parent or party to the proceeding
21requests that the withholding begin, if the request is approved
22by the district court or, in cases in which services are
23being provided pursuant to chapter 252B, if the child support
24recovery unit services approves the request.
25 Sec. 883. Section 252D.16, Code 2023, is amended to read as
26follows:
27252D.16 Definitions.
28As used in this chapter, unless the context otherwise
29requires:
301. “Child support services” means the same as child
31supported services created in section 252B.2.
322. “Department” means the department of health and human
33services.
341. 3. “Income” means all of the following:
35a. Any periodic form of payment due an individual,
-627-1regardless of source, including but not limited to wages,
2salaries, commissions, bonuses, workers’ compensation,
3disability payments, payments pursuant to a pension or
4retirement program, and interest.
5b. A sole payment or lump sum as provided in section
6252D.18C, including but not limited to payment from an estate
7including inheritance, or payment for personal injury or
8property damage.
9c. Irregular income as defined in section 252D.18B.
102. 4. “Payor of income” or “payor” means and includes, but
11is not limited to, an obligor’s employer, trustee, the state
12of Iowa and all governmental subdivisions and agencies and any
13other person from whom an obligor receives income.
143. 5. “Support” or “support payments” means any amount
15which the court or administrative agency may require a person
16to pay for the benefit of a child under a temporary order or a
17final judgment or decree entered under chapter 232, 234, 252A,
18252C, 252F, 252H, 598, 600B, or any other comparable chapter,
19and may include child support, maintenance, medical support as
20defined in chapter 252E, spousal support, and any other term
21used to describe these obligations. These obligations may
22include support for a child of any age who is dependent on the
23parties to the dissolution proceedings because of physical or
24mental disability. The obligations may include support for
25a child eighteen or more years of age with respect to whom a
26child support order has been issued pursuant to the laws of
27another state or foreign country. These obligations shall
28not include amounts for a postsecondary education subsidy as
29defined in section 598.1.
30 Sec. 884. Section 252D.16A, Code 2023, is amended to read
31as follows:
32252D.16A Income withholding order — child support recovery
33unit services.
34If support payments are ordered under this chapter, chapter
35232, 234, 252A, 252C, 252E, 252F, 252H, 598, 600B, or any other
-628-1applicable chapter, or under a comparable statute of another
2state or foreign country, and if income withholding relative
3to such support payments is allowed under this chapter, the
4 child support recovery unit services may enter an ex parte
5order notifying the person whose income is to be withheld
6of the procedure to file a motion to quash the order for
7income withholding, and ordering the withholding of sums to
8be deducted from the delinquent person’s income as defined in
9section 252D.16 sufficient to pay the support obligation and
10requiring the payment of such sums to the collection services
11center or, as appropriate, a comparable government entity in
12another state as provided in chapter 252K. The child Child
13 support recovery unit services shall include the amount of
14any delinquency and the amount to be withheld in the notice
15provided to the obligor pursuant to section 252D.17A. Notice
16of income withholding shall be provided to the obligor and to
17the payor of income pursuant to sections 252D.17 and 252D.17A.
18 Sec. 885. Section 252D.17, subsection 1, unnumbered
19paragraph 1, Code 2023, is amended to read as follows:
20The district court shall provide notice by sending a copy
21of the order for income withholding or a notice of the order
22for income withholding to the obligor and the obligor’s payor
23of income by regular mail, with proof of service completed
24according to rule of civil procedure 1.442. The child Child
25 support recovery unit services shall provide notice of the
26income withholding order by sending a notice of the order to
27the obligor’s payor of income by regular mail or by electronic
28means. Proof of service may be completed according to rule
29of civil procedure 1.442. The child Child support recovery
30unit’s services’ notice of the order may be sent to the payor
31of income on the same date that the order is sent to the clerk
32of court for filing. In all other instances, the income
33withholding order shall be filed with the clerk of court prior
34to sending the notice of the order to the payor of income. In
35addition to the amount to be withheld for payment of support,
-629-1the order or the notice of the order shall be in a standard
2format as prescribed by the unit child support services and
3shall include all of the following information regarding the
4duties of the payor in implementing the withholding order:
5 Sec. 886. Section 252D.17, subsection 1, paragraphs g and i,
6Code 2023, are amended to read as follows:
7g. The withholding is binding on the payor until further
8notice by the court or the child support recovery unit
9 services.
10i. The payor shall promptly notify the court or the child
11support recovery unit services when the obligor’s employment or
12other income terminates, and provide the obligor’s last known
13address and the name and address of the obligor’s new employer,
14if known.
15 Sec. 887. Section 252D.17A, Code 2023, is amended to read
16as follows:
17252D.17A Notice to obligor of implementation of income
18withholding order.
19The child Child support recovery unit services or the
20district court shall send a notice of the income withholding
21order to the obligor at the time the notice is sent to the payor
22of income.
23 Sec. 888. Section 252D.18, Code 2023, is amended to read as
24follows:
25252D.18 Modification or termination of withholding.
261. The court or the child support recovery unit services
27 may, by ex parte order, modify a previously entered income
28withholding order if the court or the unit child support
29services determines any of the following:
30a. There has been a change in the amount of the current
31support obligation.
32b. The amount required to be withheld under the income
33withholding order is in error.
34c. Any past due support debt has been paid in full. Should
35a delinquency later accrue, the withholding order may be
-630-1modified to secure payment toward the delinquency.
2d. There has been a change in the rules adopted by the
3department pursuant to chapter 17A regarding the amount of
4income to be withheld to pay a delinquency.
52. The child Child support recovery unit services may modify
6an amount specified in an income withholding order or notice of
7income withholding by providing notice to the payor of income
8and the obligor pursuant to sections 252D.17 and 252D.17A.
93. The court or the child support recovery unit services
10 may, by ex parte order, terminate an income withholding order
11when the current support obligation has terminated and when
12the delinquent support obligation has been fully satisfied
13as applicable to all of the children covered by the income
14withholding order. The unit Child support services may, by
15ex parte order, terminate an income withholding order when
16the unit child support services will no longer be providing
17services under chapter 252B, or when another state or foreign
18country will be providing services under Tit.IV-D of the
19federal Social Security Act or a comparable law in a foreign
20country.
214. In no case shall payment of overdue support be the sole
22basis for termination of withholding.
23 Sec. 889. Section 252D.18A, subsections 1 and 4, Code 2023,
24are amended to read as follows:
251. The total of all amounts withheld shall not exceed the
26amounts specified in 15 U.S.C. §1673(b). For orders or notices
27issued by the child support recovery unit services, the limit
28for the amount to be withheld shall be specified in the order
29or notice.
304. The payor shall identify and report payments by the
31obligor’s name, account number, amount, and date withheld
32pursuant to section 252D.17. If payments for multiple obligees
33are combined, the portion of the payment attributable to each
34obligee shall be specifically identified only if the payor is
35directed to do so by the child support recovery unit services.
-631-1 Sec. 890. Section 252D.18B, Code 2023, is amended to read
2as follows:
3252D.18B Irregular income.
4When payment of income is irregular, and an order for
5immediate or mandatory income withholding has been entered by
6the child support recovery unit services or the district court,
7the income payor shall withhold income equal to the total that
8would have been withheld had there been regular monthly income.
9The amounts withheld shall not exceed the amounts specified
10in 15 U.S.C. §1673(b). For the purposes of this section, an
11income source is irregular when there are periods in excess of
12one month during which the income payor makes no payment to the
13obligor and the periods are not the result of termination or
14suspension of employment.
15 Sec. 891. Section 252D.18C, Code 2023, is amended to read
16as follows:
17252D.18C Withholding from lump sum payments.
18The child Child support recovery unit services or the
19district court may enter an ex parte order for income
20withholding when the obligor is paid by a lump sum income
21source. When a sole payment is made or payment occurs at
22two-month or greater intervals, the withholding order may
23include all current and delinquent support due through the
24current month, but shall not exceed the amounts specified in
2515 U.S.C. §1673(b).
26 Sec. 892. Section 252D.19A, subsection 2, Code 2023, is
27amended to read as follows:
282. If the unit child support services takes an enforcement
29action during a calendar year against an obligor and the
30obligor is not delinquent or in arrears solely due to the
31applicability of this section to the obligor, upon discovering
32the circumstances, the unit child support services shall
33promptly discontinue the enforcement action.
34 Sec. 893. Section 252D.20, Code 2023, is amended to read as
35follows:
-632- 1252D.20 Administration of income withholding procedures.
2The child Child support recovery unit services is designated
3as the entity of the state to administer income withholding in
4accordance with the procedures specified for keeping adequate
5records to document, track, and monitor support payments on
6cases subject to Tit.IV-D of the federal Social Security
7Act. The collection services center is designated as the
8entity for administering income withholding for cases which are
9not subject to Tit.IV-D. The collection services center’s
10responsibilities for administering income withholding in cases
11not subject to Tit.IV-D are limited to the receipt, recording,
12and disbursement of income withholding payments and to
13responding to requests for information on the current status of
14support payments pursuant to section 252B.13A. Notwithstanding
15section 622.53, in cases where the court or the child support
16recovery unit services is enforcing an order of another state
17or foreign country through income withholding, a certified copy
18of the underlying judgment is sufficient proof of authenticity.
19 Sec. 894. Section 252D.22, Code 2023, is amended to read as
20follows:
21252D.22 Rules.
22The department shall adopt the administrative rules
23necessary to implement the provisions of this chapter as they
24pertain to the operations of the child support recovery unit
25 services.
26 Sec. 895. Section 252D.23, Code 2023, is amended to read as
27follows:
28252D.23 Filing of withholding order — order effective as
29district court order.
30An income withholding order entered by the child support
31recovery unit services pursuant to this chapter shall be
32filed with the clerk of the district court. In lieu of any
33signature on the order which may otherwise be required by law
34or rule, the order shall have affixed the name and address
35of the appropriate child support office services. For the
-633-1purposes of demonstrating compliance by the payor of income,
2the copy of the withholding order or the notice of the order
3received, whether or not the copy of the order is file-stamped,
4shall have all the force, effect, and attributes of a docketed
5order of the district court including, but not limited to,
6availability of contempt of court proceedings against a
7payor of income for noncompliance. However, any information
8contained in the income withholding order or the notice of the
9order related to the amount of the accruing or accrued support
10obligation which does not reflect the correct amount of support
11due does not modify the underlying support judgment.
12 Sec. 896. Section 252E.1, Code 2023, is amended to read as
13follows:
14252E.1 Definitions.
15As used in this chapter, unless the context otherwise
16requires:
171. “Accessible” means any of the following, unless otherwise
18provided in the support order:
19a. The health benefit plan does not have service area
20limitations or provides an option not subject to service area
21limitations.
22b. The health benefit plan has service area limitations and
23the dependent lives within thirty miles or thirty minutes of a
24network primary care provider.
252. “Basic coverage” means health care coverage that at a
26minimum provides coverage for emergency care, inpatient and
27outpatient hospital care, physician services whether provided
28within or outside a hospital setting, and laboratory and x-ray
29services.
303. “Cash medical support” means a monetary amount that
31a parent is ordered to pay to the obligee in lieu of that
32parent providing health care coverage, which amount is five
33percent of the gross income of the parent ordered to pay the
34monetary amount or, if the child support guidelines established
35pursuant to section 598.21B specifically provide an alternative
-634-1income-based numeric standard for determining the amount,
2the amount determined by the standard specified by the child
3support guidelines. “Cash medical support” is an obligation
4separate from any monetary amount a parent is ordered to pay
5for uncovered medical expenses pursuant to the guidelines
6established pursuant to section 598.21B.
74. “Child” means a person for whom child or medical support
8may be ordered pursuant to chapter 234, 239B, 252A, 252C, 252F,
9252H, 252K, 598, 600B, or any other chapter of the Code or
10pursuant to a comparable statute of another state or foreign
11country.
125. “Child support services” means child support services
13created in section 252B.1.
145. 6. “Department” means the department of health and
15 human services, which includes but is not limited to the child
16support recovery unit services, or any comparable support
17enforcement agency of another state.
186. 7. “Dependent” means a child, or an obligee for whom
19a court may order health care coverage pursuant to section
20252E.3.
217. 8. “Enroll” means to be eligible for and covered by a
22health benefit plan.
238. 9. “Health benefit plan” means any policy or contract
24of insurance, indemnity, subscription, or membership issued
25by an insurer, health service corporation, health maintenance
26organization, or any similar corporation or organization, any
27public coverage, or any self-insured employee benefit plan,
28for the purpose of covering medical expenses. These expenses
29may include but are not limited to hospital, surgical, major
30medical insurance, dental, optical, prescription drugs, office
31visits, or any combination of these or any other comparable
32health care expenses.
339. 10. “Health care coverage” or “coverage” means providing
34and paying for the medical needs of a dependent through a
35health benefit plan.
-635- 110. 11. “Insurer” means any entity, including a health
2service corporation, health maintenance organization, or any
3similar corporation or organization, or an employer offering
4self-insurance, that provides a health benefit plan, but does
5not include an entity that provides public coverage.
611. 12. “Medical support” means either the provision of
7health care coverage or the payment of cash medical support.
8“Medical support” is not alimony.
912. 13. “National medical support notice” means a notice
10as prescribed under 42 U.S.C. §666(a)(19) or a substantially
11similar notice, that is issued and forwarded by the department
12in accordance with section 252E.4 to enforce the health care
13coverage provisions of a support order. The national medical
14support notice is not applicable to a provider of public
15coverage.
1613. 14. “Obligee” means a parent or another natural person
17legally entitled to receive a support payment on behalf of a
18child.
1914. 15. “Obligor” means a parent or another natural person
20legally responsible for the support of a dependent.
2115. 16. “Order” means a support order entered pursuant to
22chapter 234, 252A, 252C, 252F, 252H, 252K, 598, 600B, or any
23other support chapter, or pursuant to a comparable statute of
24another state or foreign country, or an ex parte order entered
25pursuant to section 252E.4. “Order” also includes a notice of
26such an order issued by the department.
2716. 17. “Plan administrator” means the employer or sponsor
28that offers the health benefit plan or the person to whom the
29duty of plan administrator is delegated by the employer or
30sponsor offering the health benefit plan, by written agreement
31of the parties. “Plan administrator” does not include a
32provider of public coverage.
3317. 18. “Primary care provider” means a physician who
34provides primary care who is a family or general practitioner,
35a pediatrician, an internist, an obstetrician, or a
-636-1gynecologist; an advanced registered nurse practitioner; or a
2physician assistant.
318. 19. “Public coverage” means health care benefits
4provided by any form of federal or state medical assistance,
5including but not limited to benefits provided under chapter
6249A or 514I, or under comparable laws of another state,
7foreign country, or Indian nation or tribe.
819. “Unit” or “child support recovery unit” means unit as
9defined in section 252B.1.
10 Sec. 897. Section 252E.1A, subsection 1, Code 2023, is
11amended to read as follows:
121. This section shall apply to all initial or modified
13orders for support entered under chapter 234, 252A, 252C, 252F,
14252H, 598, 600B, or any other applicable chapter. If an action
15to establish or modify an order for support is initiated by the
16 child support recovery unit services, section 252E.1B shall
17also apply.
18 Sec. 898. Section 252E.1B, Code 2023, is amended to read as
19follows:
20252E.1B Establishing and modifying orders for medical support
21— actions initiated by child support recovery unit services.
221. If the child support recovery unit services is initiating
23an action to establish or modify support, this section shall
24apply in addition to the provisions of section 252E.1A.
252. The unit Child support services shall apply the following
26order of priority when the unit child support services enters
27or seeks an order for medical support:
28a. If the custodial parent is currently providing coverage
29for the child under a health benefit plan other than public
30coverage, and the plan is available as described in section
31252E.1A, subsection 3, the unit child support services shall
32enter or seek an order for the custodial parent to provide
33coverage.
34b. If the noncustodial parent is currently providing
35coverage for the child under a health benefit plan other than
-637-1public coverage, and the plan is available as described in
2section 252E.1A, subsection 3, the unit child support services
3 shall enter or seek an order for the noncustodial parent to
4provide coverage.
5c. If a health benefit plan other than public coverage is
6available as described in section 252E.1A, subsection 3, to the
7custodial parent, the unit child support services shall enter
8or seek an order for the custodial parent to provide coverage.
9d. If a health benefit plan other than public coverage is
10available as described in section 252E.1A, subsection 3, to
11the noncustodial parent, the unit child support services shall
12enter or seek an order for the noncustodial parent to provide
13coverage.
14e. If a health benefit plan other than public coverage
15is not available to either parent, and the custodial parent
16has public coverage for the child, the unit child support
17services shall enter or seek an order for the custodial parent
18to provide health care coverage and shall enter or seek an
19order for the noncustodial parent to pay cash medical support.
20However, if any of the circumstances described in section
21252E.1A, subsection 4, paragraph “a”, “b”, or “c” is met, the
22unit child support services shall enter or seek an order as
23specified by the applicable paragraph.
243. Notwithstanding subsection 2, if there is an order for
25joint physical care for the child and the parties subject to
26the support order, the unit child support services shall apply
27the following order of priority when the unit child support
28services enters or seeks an order for medical support:
29a. If only one parent is currently providing coverage
30for the child under a health benefit plan other than public
31coverage, and the plan is available as described in section
32252E.1A, subsection 3, the unit child support services shall
33enter or seek an order for that parent to provide coverage.
34b. If both parents are currently providing coverage for the
35child under a health benefit plan other than public coverage,
-638-1and both plans are available as described in section 252E.1A,
2subsection 3, the unit child support services shall enter or
3seek an order for both parents to provide coverage.
4c. If neither parent is currently providing coverage
5for the child under a health benefit plan other than public
6coverage, and a health benefit plan other than public coverage
7is available as described in section 252E.1A, subsection 3, to
8one parent, the unit child support services shall enter or seek
9an order for that parent to provide coverage.
10d. If neither parent is currently providing coverage
11for the child under a health benefit plan other than public
12coverage, and a health benefit plan other than public coverage
13is available as described in section 252E.1A, subsection 3, to
14both parents, the unit child support services shall enter or
15seek an order for both parents to provide coverage.
16e. If a health benefit plan other than public coverage
17is not available to either parent and one parent has public
18coverage for the child, the unit child support services shall
19enter or seek an order for that parent to provide health care
20coverage.
214. The child Child support recovery unit services or the
22court shall not order any modification to an existing medical
23support order in a proceeding conducted solely pursuant to
24chapter 252H, subchapter IV.
25 Sec. 899. Section 252E.2, subsection 2, paragraph a, Code
262023, is amended to read as follows:
27a. The name and the last known mailing address of the
28participant and the name and mailing address of each child
29covered by the order except that, to the extent provided in
30the order, the name and mailing address of an official of the
31department may be substituted for the mailing address of the
32child.
33 Sec. 900. Section 252E.2A, Code 2023, is amended to read as
34follows:
35252E.2A Satisfaction of medical support order.
-639- 1This section shall apply if the child support recovery unit
2 services is providing services under chapter 252B.
31. Notwithstanding any law to the contrary and without
4a court order, a medical support order for a child shall be
5deemed satisfied with regard to the department, the child, the
6obligor, and the obligee for the period during which all of the
7following conditions are met:
8a. The order is issued under any applicable chapter of the
9Code.
10b. The unit Child support services is notified that the
11conditions of paragraph “c” are met and the parent ordered to
12provide medical support submits a written statement to the unit
13 child support services that the requirements of paragraph “c”
14are met.
15c. The parent ordered to provide medical support meets at
16least one of the following conditions:
17(1) The parent is an inmate of an institution under the
18control of the department of corrections or a comparable
19institution in another state.
20(2) The parent’s monthly child support obligation under
21the guidelines established pursuant to section 598.21B is the
22minimum obligation amount.
23(3) The parent is a recipient of assistance under chapter
24239B or 249A, or under comparable laws of another state.
25(4) The parent is residing with any child for whom the
26parent is legally responsible and that child is a recipient
27of assistance under chapter 239B, 249A, or 514I, or under
28comparable laws of another state. For purposes of this
29subparagraph, “legally responsible” means the parent has a legal
30obligation to the child as specified in Iowa court rule 9.7 of
31the child support guidelines.
32d. The unit Child support services files a notice of
33satisfaction with the clerk of the district court. The
34effective date of the satisfaction shall be stated in the
35notice and the effective date shall be no later than forty-five
-640-1days after the unit child support services issues the notice of
2satisfaction.
32. If a medical support order is satisfied under subsection
41, the satisfaction shall continue until all of the following
5apply:
6a. The unit Child support services is notified that none of
7the conditions specified in subsection 1, paragraph “c”, still
8applies.
9b. The unit Child support services files a satisfaction
10termination notice that the requirements for a satisfaction
11under this section no longer apply. The effective date shall
12be stated in the satisfaction termination notice and the
13effective date shall be no later than forty-five days after the
14unit child support services issues the satisfaction termination
15notice.
163. The unit Child support services shall mail a copy of the
17notice of satisfaction and the satisfaction termination notice
18to the last known address of the obligor and obligee.
194. The department of human services may match data for
20enrollees of the hawk-i Hawki program created pursuant to
21chapter 514I with data of the unit child support services to
22assist the unit child support services in implementing this
23section.
245. An order, decree, or judgment entered or pending on or
25before July 1, 2009, that provides for the support of a child
26may be satisfied as provided in this section.
27 Sec. 901. Section 252E.4, subsection 1, Code 2023, is
28amended to read as follows:
291. When a support order requires an obligor to provide
30coverage under a health benefit plan other than public
31coverage, the district court or the department may enter an
32ex parte order directing an employer to take all actions
33necessary to enroll an obligor’s dependent for coverage under
34a health benefit plan or may include the provisions in an ex
35parte income withholding order or notice of income withholding
-641-1pursuant to chapter 252D. The child Child support recovery
2unit services, where appropriate, shall issue a national
3medical support notice to an employer within two business days
4after the date information regarding a newly hired employee is
5entered into the centralized employee registry and matched with
6a noncustodial parent in the case being enforced by the unit
7 child support services, or upon receipt of other employment
8information for such parent. The department may amend the
9information in the ex parte order or may amend or terminate
10the national medical support notice regarding health insurance
11provisions if necessary to comply with health insurance
12requirements including but not limited to the provisions of
13section 252E.2, subsection 2, or to correct a mistake of fact.
14 Sec. 902. Section 252E.5, subsection 8, paragraph g,
15subparagraph (3), Code 2023, is amended to read as follows:
16(3) If the obligor is not enrolled in a health benefit
17plan or is not enrolled in a health benefit plan that offers
18dependent coverage, if more than one plan with dependent
19coverage is offered by the employer, and if the notice is
20issued by the child support recovery unit services, all of the
21following shall apply:
22(a) If only one of the plans is accessible to the dependent,
23that plan shall be selected. If none of the plans with
24dependent coverage is accessible to the dependent, the unit
25 child support services shall amend or terminate the notice.
26(b) If more than one of the plans is accessible to the
27dependent, the plan selected shall be the plan that provides
28basic coverage for which the employee’s share of the premium
29is lowest.
30(c) If more than one of the plans is accessible to the
31dependent but none of the accessible plans provides basic
32coverage, the plan selected shall be a plan that is accessible
33and for which the employee’s share of the premium is lowest.
34(d) If the employee’s share of the premiums is the same
35under all plans described in subparagraph (b) or (c), the
-642-1unit child support services shall attempt to consult with the
2obligee when selecting the plan. If the obligee does not
3respond within ten days of the unit’s child support services’
4 attempt, the unit child support services shall select a plan
5which shall be the plan’s default option, if any, or the plan
6with the lowest deductibles and copayment requirements.
7 Sec. 903. Section 252E.5, subsection 8, paragraph h,
8subparagraph (2), Code 2023, is amended to read as follows:
9(2) If the dependent is or is to be enrolled, notify the
10obligor, the obligee, and the child and furnish the obligee
11with necessary information. Provide the child support recovery
12unit services with the type of health benefit plan under which
13the dependent has been enrolled, including whether dental,
14optical, office visits, and prescription drugs are covered
15services.
16 Sec. 904. Section 252E.6A, subsections 1 and 3, Code 2023,
17are amended to read as follows:
181. An obligor may move to quash the order to the employer
19under section 252E.4 by following the same procedures and
20alleging a mistake of a fact as provided in section 252D.31
21or as provided in subsection 2. If the unit child support
22services is enforcing an income withholding order and a medical
23support order simultaneously, any challenge to the income
24withholding order and medical support enforcement shall be
25filed and heard simultaneously.
263. The employer shall comply with the requirements of this
27chapter until the employer receives notice that a motion to
28quash has been granted, or that the unit child support services
29 has amended or terminated the national medical support notice.
30 Sec. 905. Section 252F.1, Code 2023, is amended to read as
31follows:
32252F.1 Definitions.
33As used in this chapter unless the context otherwise
34requires:
351. “Administrator” means the administrator of the child
-643-1support recovery unit of the department of human services or
2the administrator’s designee.
32. 1. “Child” means a person who is less than age eighteen
4or a person who is age eighteen but less than age nineteen
5and is engaged full-time in completing high school graduation
6or equivalency requirements in a manner which is reasonably
7expected to result in completion of the requirements prior to
8the person reaching age nineteen.
92. “Child support services” means the same as child support
10services created in section 252B.2.
113. “Department” means the department of health and human
12services.
134. “Director” means the director of health and human
14services.
153. 5. “Mother” means a mother of the child for whom
16paternity is being established.
174. 6. “Party” means a putative father or a mother, as named
18in an action.
195. 7. “Paternity is at issue” means any of the following
20conditions:
21a. A child was not born or conceived within marriage.
22b. A child was born or conceived within marriage but a court
23has declared that the child is not the issue of the marriage.
246. 8. “Paternity test” means and includes any form of
25blood, tissue, or genetic testing administered to determine the
26biological father of a child.
277. 9. “Putative father” means a person alleged to be the
28biological father of a child.
298. “Unit” means the child support recovery unit created in
30section 252B.2.
31 Sec. 906. Section 252F.2, Code 2023, is amended to read as
32follows:
33252F.2 Jurisdiction.
341. In any case in which the unit child support services
35 is providing services pursuant to chapter 252B and paternity
-644-1is at issue, proceedings may be initiated by the unit child
2support services pursuant to this chapter for the sole purpose
3of establishing paternity and any accrued or accruing child
4support or medical support obligations. Proceedings under
5this chapter are in addition to other means of establishing
6paternity or support. Issues in addition to establishment of
7paternity or support obligations shall not be addressed in
8proceedings initiated under this chapter.
92. An action to establish paternity and support under this
10chapter may be brought within the time limitations set forth
11in section 614.8.
12 Sec. 907. Section 252F.3, Code 2023, is amended to read as
13follows:
14252F.3 Notice of alleged paternity and support debt —
15conference — request for hearing.
161. The unit Child support services may prepare a notice
17of alleged paternity and support debt to be served on a
18party if the mother of the child or a government official
19with knowledge of the circumstances of possible paternity
20relying on government records provides a written statement
21to the department of human services certifying in accordance
22with section 622.1 that the putative father is or may be the
23biological father of the child or children involved. The
24notice shall be accompanied by a copy of the statement and
25served on the putative father in accordance with rule of civil
26procedure 1.305. Service upon the mother shall not constitute
27valid service upon the putative father. The notice shall
28include or be accompanied by all of the following:
29a. The name of the recipient of services under chapter 252B
30and the name and birth date of the child or children involved.
31b. A statement that the putative father has been named as
32the biological father of the child or children named.
33c. A statement that if paternity is established, the
34amount of the putative father’s monthly support obligation
35and the amount of the support debt accrued and accruing will
-645-1be established in accordance with the guidelines established
2in section 598.21B, and the criteria established pursuant to
3section 252B.7A.
4d. A statement that if paternity is established, a party has
5a duty to provide accrued and accruing medical support to the
6child or children in accordance with chapter 252E.
7e. A written explanation of the procedures for determining
8the child support obligation and a request for financial or
9income information as necessary for application of the child
10support guidelines established pursuant to section 598.21B.
11f. (1) The right of a party to request a conference
12with the unit child support services to discuss paternity
13establishment and the amount of support that a party may be
14required to provide, within ten days of the date of service of
15the original notice or, if paternity is contested and paternity
16testing is conducted, within ten days of the date the paternity
17test results are issued or mailed to a party by the unit child
18support services.
19(2) A statement that if a conference is requested, a party
20shall have one of the following time frames, whichever is the
21latest, to send a written request for a court hearing on the
22issue of support to the unit child support services:
23(a) Ten days from the date set for the conference.
24(b) Twenty days from the date of service of the original
25notice.
26(c) If paternity was contested and paternity testing
27was conducted, and a party does not deny paternity after the
28testing or challenge the paternity test results, twenty days
29from the date paternity test results are issued or mailed by
30the unit child support services to the party.
31(3) A statement that after the holding of the conference,
32the unit child support services shall issue a new notice of
33alleged paternity and finding of financial responsibility for
34child support or medical support, or both, to be provided in
35person to each party or sent to each party by regular mail
-646-1addressed to the party’s last known address or, if applicable,
2to the last known address of the party’s attorney.
3(4) A statement that if the unit child support services
4 issues a new notice of alleged paternity and finding of
5financial responsibility for child support or medical support,
6or both, a party shall have one of the following time frames,
7whichever is the latest, to send a written request for a court
8hearing on the issue of support to the unit child support
9services:
10(a) Ten days from the date of issuance of the new notice.
11(b) Twenty days from the date of service of the original
12notice.
13(c) If paternity was contested and paternity testing
14conducted, and a party does not deny paternity after the
15testing or challenge the paternity test results, twenty days
16from the date the paternity test results are issued or mailed
17to the party by the unit child support services.
18g. A statement that if a conference is not requested, and
19a party does not deny paternity or challenge the results of
20any paternity testing conducted but objects to the finding
21of financial responsibility or the amount of child support
22or medical support, or both, the party shall send a written
23request for a court hearing on the issue of support to the
24unit child support services within twenty days of the date of
25service of the original notice, or, if paternity was contested
26and paternity testing conducted, and a party does not deny
27paternity after the testing or challenge the paternity test
28results, within twenty days from the date the paternity test
29results are issued or mailed to the party by the unit child
30support services, whichever is later.
31h. A statement that if a timely written request for a
32hearing on the issue of support is received by the unit
33 child support services, the party shall have the right to a
34hearing to be held in district court and that if no timely
35written request is received and paternity is not contested,
-647-1the administrator department shall enter an order establishing
2the putative father as the father of the child or children and
3establishing child support or medical support, or both, in
4accordance with the notice of alleged paternity and support
5debt.
6i. A written explanation of the rights and responsibilities
7associated with the establishment of paternity.
8j. A written explanation of a party’s right to deny
9paternity, the procedures for denying paternity, and the
10consequences of the denial.
11k. A statement that if a party contests paternity, the party
12shall have twenty days from the date of service of the original
13notice to submit a written denial of paternity to the unit
14 child support services.
15l. A statement that if paternity is contested, the unit
16 child support services shall, at the request of the party
17contesting paternity or on its own initiative, enter an
18administrative order requiring the putative father, mother, and
19child or children involved, to submit to paternity testing.
20m. A statement that if paternity tests are conducted, the
21unit child support services shall provide a copy of the test
22results to each party in person or send a copy to each party
23by regular mail, addressed to the party’s last known address,
24or, if applicable, to the last known address of the party’s
25attorney.
26n. A statement setting forth the time frames for contesting
27paternity after paternity tests are conducted.
28o. Other information as the unit child support services
29 finds appropriate.
302. The time limitations established for the notice
31provisions under subsection 1 are binding unless otherwise
32specified in this chapter or waived pursuant to section 252F.8.
333. a. If notice is served on a party, the unit child
34support services shall file a true copy of the notice and the
35original return of service with the appropriate clerk of the
-648-1district court as follows:
2(1) In the county in which the child or children reside if
3the action is for purposes of establishing paternity and future
4child or medical support, or both.
5(2) In the county in which the child or children involved
6last received public assistance benefits in the state, if
7the action is for purposes of establishing paternity and
8child or medical support, or both, only for prior periods of
9time when the child or children received public assistance,
10and no ongoing child or medical support obligation is to be
11established by this action.
12(3) If the action is the result of a request from another
13state or foreign country to establish paternity of a putative
14father located in Iowa, in the county in which the putative
15father resides.
16b. All subsequent documents filed or court hearings held
17related to the action shall be in the district court in the
18county in which notice was filed pursuant to this subsection.
19The clerk shall file and docket the action.
204. A party or the child support recovery unit services may
21request a court hearing regarding establishment of paternity or
22a determination of support, or both.
23a. Upon receipt of a timely written response requesting
24a hearing or on its own initiative, the unit child support
25services shall certify the matter for hearing in the district
26court in the county where the original notice of alleged
27paternity and support debt is filed, in accordance with section
28252F.5.
29b. If paternity establishment was contested and paternity
30tests conducted, a court hearing on the issue of paternity
31shall be held no earlier than thirty days from the date
32paternity test results are issued to all parties by the unit
33 child support services, unless the parties mutually agree to
34waive the time frame pursuant to section 252F.8.
35c. Any objection to the results of paternity tests shall be
-649-1filed no later than twenty days after the date paternity test
2results are issued or mailed to each party by the unit child
3support services. Any objection to paternity test results
4filed by a party more than twenty days after the date paternity
5tests are issued or mailed to the party by the unit child
6support services shall not be accepted or considered by the
7court.
85. If a timely written response and request for a court
9hearing is not received by the unit child support services and
10a party does not deny paternity, the administrator department
11 shall enter an order in accordance with section 252F.4.
126. a. If a party contests the establishment of paternity,
13the party shall submit, within twenty days of service of the
14notice on the party under subsection 1, a written statement
15contesting paternity establishment to the unit child support
16services. Upon receipt of a written challenge of paternity
17establishment, or upon initiation by the unit child support
18services, the administrator department shall enter ex parte
19administrative orders requiring the mother, child or children
20involved, and the putative father to submit to paternity
21testing, except that if the mother and child or children
22previously submitted blood or genetic specimens in a prior
23action to establish paternity against a different putative
24father, the previously submitted specimens and prior results,
25if available, may be utilized for testing in this action.
26Either the mother or putative father may contest paternity
27under this chapter.
28b. The orders shall be filed with the clerk of the district
29court in the county where the notice was filed and have the
30same force and effect as a court order for paternity testing.
31c. The unit Child support services shall issue copies of the
32respective administrative orders for paternity testing to the
33mother and putative father in person, or by regular mail to the
34last known address of each, or if applicable, to the last known
35address of the attorney for each.
-650- 1d. If a paternity test is ordered under this section,
2the administrator department shall direct that inherited
3characteristics be analyzed and interpreted, and shall appoint
4an expert qualified as an examiner of genetic markers to
5analyze and interpret the results. The test shall be of a type
6generally acknowledged as reliable by accreditation entities
7designated by the secretary of the United States department
8of health and human services and shall be performed by a
9laboratory approved by an accreditation entity.
10e. The party contesting paternity shall be provided one
11opportunity to reschedule the paternity testing appointment if
12the testing is rescheduled prior to the date of the originally
13scheduled appointment.
14f. An original copy of the test results shall be filed with
15the clerk of the district court in the county where the notice
16was filed. The child Child support recovery unit services
17 shall issue a copy of the filed test results to each party in
18person, or by regular mail to the last known address of each,
19or if applicable, to the last known address of the attorney
20for each. However, if the action is the result of a request
21from another state or foreign country, the unit child support
22services shall issue a copy of the results to the initiating
23agency in that jurisdiction.
24g. Verified documentation of the chain of custody of the
25blood or genetic specimens is competent evidence to establish
26the chain of custody. The testimony of the appointed expert is
27not required. A verified expert’s report of test results which
28indicate a statistical probability of paternity is sufficient
29authenticity of the expert’s conclusion.
30h. A verified expert’s report shall be admitted as evidence
31to establish administrative paternity, and, if a court hearing
32is scheduled to resolve the issue of paternity, shall be
33admitted as evidence and is admissible at trial.
34i. If the verified expert concludes that the test results
35show that the putative father is not excluded and that the
-651-1probability of the putative father’s paternity is ninety-five
2percent or higher, there shall be a rebuttable presumption that
3the putative father is the biological father, and the evidence
4shall be sufficient as a basis for administrative establishment
5of paternity.
6(1) In order to challenge the presumption of paternity, a
7party shall file a written notice of the challenge with the
8district court within twenty days from the date the paternity
9test results are issued or mailed to all parties by the unit
10 child support services. Any challenge to a presumption of
11paternity resulting from paternity tests, or to paternity test
12results filed after the lapse of the twenty-day time frame
13shall not be accepted or admissible by the unit child support
14services or the court.
15(2) A copy of the notice challenging the presumption of
16paternity shall be provided to any other party in person, or
17by mailing the notice to the last known address of each party,
18or if applicable, to the last known address of each party’s
19attorney.
20(3) The party challenging the presumption of paternity
21has the burden of proving that the putative father is not the
22father of the child.
23(4) The presumption of paternity may be rebutted only by
24clear and convincing evidence.
25j. If the verified expert concludes that the test results
26indicate that the putative father is not excluded and that
27the probability of the putative father’s paternity is less
28than ninety-five percent, the administrator department shall
29order a subsequent administrative paternity test or certify the
30case to the district court for resolution in accordance with
31the procedures and time frames specified in paragraph “i” and
32section 252F.5.
33k. If the results of the test or the verified expert’s
34analysis are timely challenged as provided in this subsection,
35the administrator department, upon the request of a party
-652-1and advance payment by the contestant or upon the unit’s own
2 initiative of child support services, shall order that an
3additional test be performed by the same laboratory or an
4independent laboratory. If the party requesting additional
5testing does not advance payment, the administrator department
6 shall certify the case to the district court in accordance with
7paragraph “i” and section 252F.5.
8l. When a subsequent paternity test is conducted, the time
9frames in this chapter associated with paternity tests shall
10apply to the most recently completed test.
11m. If the paternity test results exclude the putative father
12as a potential biological father of the child or children,
13and additional tests are not requested by either party or
14conducted on the unit’s initiative of child support services,
15or if additional tests exclude the putative father as a
16potential biological father, the unit child support services
17 shall withdraw its action against the putative father and
18shall file a notice of the withdrawal with the clerk of the
19district court, and shall provide a copy of the notice to each
20party in person, or by regular mail sent to each party’s last
21known address, or if applicable, the last known address of the
22party’s attorney.
23n. Except as provided in paragraph “k”, the unit child
24support services shall advance the costs of genetic testing.
25If paternity is established and paternity testing was
26conducted, the unit child support services shall enter an order
27or, if the action proceeded to a court hearing, request that
28the court enter a judgment for the costs of the paternity tests
29consistent with applicable federal law. In a proceeding under
30this chapter, a copy of a bill for genetic testing shall be
31admitted as evidence without requiring third-party foundation
32testimony and shall constitute prima facie evidence of the
33amount incurred for genetic testing.
34 Sec. 908. Section 252F.4, Code 2023, is amended to read as
35follows:
-653- 1252F.4 Entry of order.
21. If each party fails to respond to the initial notice
3within twenty days after the date of service of the notice or
4fails to appear at a conference pursuant to section 252F.3 on
5the scheduled date of the conference, and paternity has not
6been contested and each party fails to timely request a court
7hearing on the issue of support, the administrator department
8 shall enter an order against the parties, declaring the
9putative father to be the legal father of the child or children
10involved and assessing any accrued and accruing child support
11obligation pursuant to the guidelines established under section
12598.21B, and medical support pursuant to chapter 252E.
132. If paternity is contested pursuant to section 252F.3,
14subsection 6, and the party contesting paternity fails to
15appear for a paternity test and fails to request a rescheduling
16pursuant to section 252F.3, or fails to appear for both the
17initial and the rescheduled paternity tests and each party
18fails to timely request a court hearing on the issue of
19support, the administrator department shall enter an order
20against the parties declaring the putative father to be the
21legal father of the child or children involved and assessing
22any accrued and accruing child support obligation pursuant to
23the guidelines established under section 598.21B, and medical
24support pursuant to chapter 252E.
253. If a conference pursuant to section 252F.3 is held,
26and paternity is not contested, and each party fails to
27timely request a court hearing on the issue of support, the
28administrator department shall enter an order against the
29parties after the second notice has been sent declaring the
30putative father to be the legal father of the child or children
31involved and assessing any accrued and accruing child support
32obligation pursuant to the guidelines established under section
33598.21B, and medical support pursuant to chapter 252E.
344. If paternity was contested and paternity testing was
35performed and the putative father was not excluded, if the
-654-1test results indicate that the probability of the putative
2father’s paternity is ninety-five percent or greater, if the
3test results are not timely challenged, and if each party fails
4to timely request a court hearing on the issue of support,
5the administrator department shall enter an order against the
6parties declaring the putative father to be the legal father of
7the child or children involved and assessing any accrued and
8accruing child support obligation pursuant to the guidelines
9established under section 598.21B, and medical support pursuant
10to chapter 252E.
115. The administrator department shall establish a support
12obligation under this section based upon the best information
13available to the unit child support services and pursuant to
14section 252B.7A.
156. The order shall contain all of the following:
16a. A declaration of paternity.
17b. The amount of monthly support to be paid, with direction
18as to the manner of payment.
19c. The amount of accrued support.
20d. The name of the custodial parent or caretaker.
21e. The name and birth date of the child or children to whom
22the order applies.
23f. A statement that property of a party ordered to provide
24support is subject to income withholding, liens, garnishment,
25tax offset, and other collection actions.
26g. The medical support required pursuant to chapter 598 and
27chapter 252E.
28h. A statement that a party who is ordered to provide
29support is required to inform the child support recovery unit
30 services, on a continuing basis, of the name and address of
31the party’s current employer, whether the party has access to
32health insurance coverage as required in the order, and if so,
33the health insurance policy information.
34i. If paternity was contested by the putative father, the
35amount of any judgment assessed to the father for costs of
-655-1paternity tests conducted pursuant to this chapter.
2j. Statements as required pursuant to section 598.22B.
37. If paternity is not contested but a party does wish
4to challenge the issues of child or medical support, the
5administrator department shall enter an order establishing
6paternity and reserving the issues of child or medical support
7for determination by the district court.
8 Sec. 909. Section 252F.5, Code 2023, is amended to read as
9follows:
10252F.5 Certification to district court.
111. Actions initiated under this chapter are not subject
12to contested case proceedings or further review pursuant to
13chapter 17A.
142. An action under this chapter may be certified to
15the district court if a party timely contests paternity
16establishment or paternity test results, or if a party requests
17a court hearing on the issues of child or medical support, or
18both, or upon the initiation of the unit child support services
19 as provided in this chapter. Review by the district court
20shall be an original hearing before the court.
213. In any action brought under this chapter, the action
22shall not be certified to the district court in a contested
23paternity action unless all of the following have occurred:
24a. Paternity testing has been completed.
25b. The results of the paternity test have been issued to all
26parties.
27c. A timely written objection to paternity establishment
28or paternity test results has been received from a party, or
29a timely written request for a court hearing on the issue
30of support has been received from a party by the unit child
31support services, or the unit child support services has
32requested a court hearing on the unit’s child support services’
33 own initiative.
344. A matter shall be certified to the district court in
35the county in which the notice was filed pursuant to section
-656-1252F.3, subsection 3.
25. The court shall set the matter for hearing and notify the
3parties of the time of and place for hearing.
46. If the court determines that the putative father is
5the legal father, the court shall establish the amount of the
6accrued and accruing child support pursuant to the guidelines
7established under section 598.21B, and shall establish medical
8support pursuant to chapter 252E.
97. If the putative father or another party contesting
10paternity fails to appear at the hearing, upon a showing
11that proper notice has been provided to the party, the court
12shall find the party in default and enter an appropriate order
13establishing paternity and support.
14 Sec. 910. Section 252F.6, Code 2023, is amended to read as
15follows:
16252F.6 Filing with the district court.
17Following issuance of an order by the administrator
18 department, the order shall be presented to an appropriate
19district court judge for review and approval. Unless a defect
20appears on the face of the order, the district court shall
21approve the order. Upon approval by the district court judge,
22the order shall be filed in the district court in the county
23in which the notice was filed pursuant to section 252F.3,
24subsection 3. Upon filing, the order has the same force and
25effect as a district court order.
26 Sec. 911. Section 252F.7, Code 2023, is amended to read as
27follows:
28252F.7 Report to state registrar of vital records statistics.
29Upon the filing of an order with the district court pursuant
30to this chapter, the clerk of the district court shall report
31the information from the order to the bureau of state registrar
32of vital records statistics in the manner provided in section
33600B.36.
34 Sec. 912. Section 252F.8, Code 2023, is amended to read as
35follows:
-657- 1252F.8 Waiver of time limitations.
21. A putative father or other party may waive the time
3limitations established in this chapter.
42. If a party does not contest paternity or wish to request
5a conference or court hearing on the issue of support, upon
6receipt of a signed statement from the putative father and
7any other party that may contest establishment of paternity,
8waiving the time limitations, the administrator department
9 shall enter an order establishing paternity and support and the
10court may approve the order, notwithstanding the expiration of
11the period of the time limitations if paternity is established.
123. If a putative father or other party waives the time
13limitations and an order establishing paternity or determining
14support, or both, is entered under this chapter, the signed
15statement of the putative father and other party waiving the
16time limitations shall be filed with the order.
17 Sec. 913. Section 252G.1, Code 2023, is amended to read as
18follows:
19252G.1 Definitions.
20As used in this chapter, unless the context otherwise
21requires:
221. “Business day” means a day on which state offices are
23open for regular business.
242. “Child support services” means child support services
25created in section 252B.2.
262. 3. “Compensation” means payment owed by the payor of
27income for:
28a. Labor or services rendered by an employee or contractor
29to the payor of income.
30b. Benefits including, but not limited to, vacation,
31holiday, and sick leave, and severance payments which are due
32an employee under an agreement with the employer or under a
33policy of the employer.
343. 4. “Contractor” means a natural person who is eighteen
35years of age or older, who performs labor in this state to
-658-1whom a payor of income makes payments which are not subject to
2withholding and for whom the payor of income is required by the
3internal revenue service to complete a 1099-MISC form.
44. 5. “Date of hire” means either of the following:
5a. The first day for which an employee is owed compensation
6by the payor of income.
7b. The first day that a contractor performs labor or
8services for the payor of income.
95. 6. “Days” means calendar days.
106. 7. “Department” means the department of health and human
11services.
127. 8. “Dependent” includes a spouse or child or any other
13person who is in need of and entitled to support from a person
14who is declared to be legally liable for the support of that
15dependent.
168. 9. “Employee” means a natural person who performs labor
17in this state and is employed by an employer in this state for
18compensation and for whom the employer withholds federal or
19state tax liabilities from the employee’s compensation.
209. 10. “Employer” means a person doing business in this
21state who engages an employee for compensation and for whom the
22employer withholds federal or state tax liabilities from the
23employee’s compensation. “Employer” includes any governmental
24entity and any labor organization.
2510. 11. “Labor organization” means any organization of
26any kind, or any agency, or employee representation committee
27or plan, in which employees participate and which exists for
28the purpose, in whole or in part, of dealing with employers
29concerning grievances, labor disputes, wages, rates of pay,
30hours of employment, or conditions of work.
3111. 12. “Natural person” means an individual and not a
32corporation, government, business trust, estate, partnership,
33proprietorship, or other legal entity, however organized.
3412. 13. “Payor of income” includes both an employer and a
35person engaged in a trade or business in this state who engages
-659-1a contractor for compensation.
213. 14. “Registry” means the central employee registry
3created in section 252G.2.
414. 15. “Rehire” means the first day for which an employee
5is owed compensation by the payor of income following a
6termination of employment lasting a minimum of six consecutive
7weeks. Termination of employment does not include temporary
8separations from employment such as unpaid medical leave, an
9unpaid leave of absence, or a temporary layoff.
1015. “Unit” means the child support recovery unit created in
11section 252B.2.
12 Sec. 914. Section 252G.2, Code 2023, is amended to read as
13follows:
14252G.2 Establishment of central employee registry.
15By January 1, 1994, the unit Child support services shall
16establish a centralized employee registry database for the
17purpose of receiving and maintaining information on newly hired
18or rehired employees from employers. The unit Child support
19services shall establish the database and the department may
20adopt rules in conjunction with the department of revenue and
21the department of workforce development to identify appropriate
22uses of the registry and to implement this chapter, including
23implementation through the entering of agreements pursuant to
24chapter 28E.
25 Sec. 915. Section 252G.3, subsection 3, paragraphs b and d,
26Code 2023, are amended to read as follows:
27b. By submitting electronic media in a format approved by
28the unit child support services in advance.
29d. By any other means authorized by the unit child support
30services in advance if the means will result in timely
31reporting.
32 Sec. 916. Section 252G.4, subsection 1, paragraph a,
33unnumbered paragraph 1, Code 2023, is amended to read as
34follows:
35Beginning January 1, 1994, a A payor of income to whom
-660-1section 252G.3 is inapplicable, who enters into an agreement
2for the performance of services with a contractor, shall report
3the contractor to the registry. Payors of income shall report
4contractors performing labor under an agreement within fifteen
5days of the date on which all of the following conditions are
6met:
7 Sec. 917. Section 252G.4, subsection 3, Code 2023, is
8amended to read as follows:
93. A payor of income required to report under this section
10may report the information required under subsection 1 by any
11written means authorized by the unit child support services
12 which results in timely reporting.
13 Sec. 918. Section 252G.5, subsection 1, Code 2023, is
14amended to read as follows:
151. The unit Child support services for program
16 administration of the child support enforcement program,
17including but not limited to activities related to
18establishment and enforcement of child and medical support
19obligations through administrative or judicial processes, and
20other services authorized pursuant to chapter 252B.
21 Sec. 919. Section 252G.7, Code 2023, is amended to read as
22follows:
23252G.7 Data entry and transmitting centralized employee
24registry records to the national new hire registry.
25The unit Child support services shall enter new hire data
26into the centralized employee directory database within five
27business days of receipt from employers and shall transmit the
28records of the centralized employee registry to the national
29directory of new hires within three business days after the
30date information regarding a newly hired employee is entered
31into the centralized employee registry.
32 Sec. 920. Section 252G.8, Code 2023, is amended to read as
33follows:
34252G.8 Income withholding requirements.
35Within two business days after the date information
-661-1regarding a newly hired employee is entered into the
2centralized employee registry and matched with obligors in
3cases being enforced by the unit child support services, the
4unit child support services shall transmit a notice to the
5employer or payor of income of the employee directing the
6employer or payor of income to withhold from the income of the
7employee in accordance with chapter 252D.
8 Sec. 921. Section 252H.1, Code 2023, is amended to read as
9follows:
10252H.1 Purpose and intent.
11This chapter is intended to provide a means for state
12compliance with Tit.IV-D of the federal Social Security
13Act, as amended, requiring states to provide procedures for
14the review and adjustment of support orders being enforced
15under Tit.IV-D of the federal Social Security Act, and also
16to provide an expedited modification process when review
17and adjustment procedures are not required, appropriate, or
18applicable. Actions under this chapter shall be initiated only
19by the child support recovery unit services.
20 Sec. 922. Section 252H.2, Code 2023, is amended to read as
21follows:
22252H.2 Definitions.
231. As used in this chapter, unless the context otherwise
24requires, “administrator”, “caretaker”, “court order”,
25“department”, “dependent child”, “medical support”, and
26“responsible person” mean the same as defined in section 252C.1.
272. As used in this chapter, unless the context otherwise
28requires:
29a. “Act” means the federal Social Security Act.
30b. “Adjustment” applies only to the child support provisions
31of a support order and means either of the following:
32(1) A change in the amount of child support based upon
33an application of the child support guidelines established
34pursuant to section 598.21B.
35(2) An addition of or change to provisions for medical
-662-1support as provided in chapter 252E.
2c. “Child” means a child as defined in section 252B.1.
3d. “Child support agency” means any state, county, or local
4office or entity of another state that has the responsibility
5for providing child support enforcement services under Tit.
6IV-D of the Act.
7e. “Child support recovery unit” or “unit” “Child support
8services” means the child support recovery unit services created
9pursuant to in section 252B.2.
10f. “Cost-of-living alteration” means a change in an existing
11child support order which equals an amount which is the
12amount of the support obligation following application of the
13percentage change of the consumer price index for all urban
14consumers, United States city average, as published in the
15federal register by the federal department of labor, bureau of
16labor statistics.
17g. “Determination of controlling order” means the process
18of identifying a child support order which must be recognized
19pursuant to section 252K.207 and 28 U.S.C. §1738B, when
20more than one state has issued a support order for the same
21child and the same obligor, and may include a reconciliation
22of arrearages with information related to the calculation.
23Registration of an order of another state or foreign country is
24not necessary for a court or the unit child support services to
25make a determination of controlling order.
26h. “Modification” means either of the following:
27(1) A change, correction, or termination of an existing
28support order.
29(2) The establishment of a child or medical support
30obligation in a previously established order entered
31pursuant to chapter 234, 252A, 252C, 598, 600B, or any other
32support proceeding, in which such support was not previously
33established, or in which support was previously established
34and subsequently terminated prior to the emancipation of the
35children affected.
-663- 1i. “Parent” means, for the purposes of requesting a review
2of a support order and for being entitled to notice under this
3chapter:
4(1) The individual ordered to pay support pursuant to the
5order.
6(2) An individual or entity entitled to receive current or
7future support payments pursuant to the order, or pursuant to a
8current assignment of support including but not limited to an
9agency of this or any other state that is currently providing
10public assistance benefits to the child for whom support is
11ordered and any child support agency. Service of notice of
12an action initiated under this chapter on an agency is not
13required, but the agency may be advised of the action by other
14means.
15j. “Public assistance” means benefits received in this state
16or any other state, under Tit.IV-A (temporary assistance to
17needy families), IV-E (foster care), or XIX (Medicaid) of the
18Act.
19k. “Review” means an objective evaluation conducted through
20a proceeding before a court, administrative body, or an agency,
21of information necessary for the application of a state’s
22mandatory child support guidelines to determine:
23(1) The appropriate monetary amount of support.
24(2) Provisions for medical support.
25l. “State” means “state” as defined in chapter 252K.
26m. “Support order” means an order for support issued
27pursuant to this chapter, chapter 232, 234, 252A, 252C, 252E,
28252F, 598, 600B, or any other applicable chapter, or under
29a comparable statute of another state or foreign country as
30registered with the clerk of court or certified to the child
31support recovery unit services.
32 Sec. 923. Section 252H.3, subsections 2 and 3, Code 2023,
33are amended to read as follows:
342. Nonsupport issues shall not be considered by the unit
35 child support services or the court in any action resulting
-664-1under this chapter.
23. Actions initiated by the unit child support services
3 under this chapter shall not be subject to contested case
4proceedings or further review pursuant to chapter 17A and
5resulting court hearings following certification shall be an
6original hearing before the district court.
7 Sec. 924. Section 252H.4, Code 2023, is amended to read as
8follows:
9252H.4 Role of the child support recovery unit services.
101. The unit Child support services may administratively
11adjust or modify or may provide for an administrative
12cost-of-living alteration of a support order entered under
13chapter 234, 252A, 252C, 598, or 600B, or any other support
14chapter if the unit child support services is providing
15enforcement services pursuant to chapter 252B.The unit
16 Child support services is not required to intervene to
17administratively adjust or modify or provide for an
18administrative cost-of-living alteration of a support order
19under this chapter.
202. The unit Child support services is a party to an action
21initiated pursuant to this chapter.
223. The unit Child support services shall conduct a review
23to determine whether an adjustment is appropriate or, upon
24the request of a parent or upon the unit’s child support
25services’ own initiative, determine whether a modification is
26appropriate.
274. The unit Child support services shall adopt rules
28pursuant to chapter 17A to establish the process for the review
29of requests for adjustment, the criteria and procedures for
30conducting a review and determining when an adjustment is
31appropriate, the procedure and criteria for a cost-of-living
32alteration, the criteria and procedure for a request for review
33pursuant to section 252H.18A, and other rules necessary to
34implement this chapter.
355. Legal representation of the unit child support services
-665-1 shall be provided pursuant to section 252B.7, subsection 4.
2 Sec. 925. Section 252H.5, Code 2023, is amended to read as
3follows:
4252H.5 Fees and cost recovery for review — adjustment —
5modification.
61. Unless the unit child support services is already
7providing support enforcement service pursuant to chapter 252B,
8a parent ordered to provide support, who requests a review of a
9support order under subchapter II, shall file an application
10for services pursuant to section 252B.4.
112. A parent requesting a service shall pay the fee
12established for that service as established under this
13subsection. The fees established are not applicable to a
14parent who as a condition of eligibility for receiving public
15assistance benefits has assigned the rights to child or medical
16support for the order to be reviewed. The following fees shall
17be paid for the following services:
18a. A fee for conducting the review, to be paid at the time
19the request for review is submitted to the unit child support
20services. If the request for review is denied for any reason,
21the fee shall be refunded to the parent making the request.
22Any request submitted without full payment of the fee shall be
23denied.
24b. A fee for a second review requested pursuant to section
25252H.17, to be paid at the time the request for the second
26review is submitted to the unit child support services. Any
27request submitted without full payment of the fee shall be
28denied.
29c. A fee for activities performed by the unit child support
30services in association with a court hearing requested pursuant
31to section 252H.8.
32d. A fee for activities performed by the unit child support
33services in entering an administrative order to adjust support
34when neither parent requests a court hearing pursuant to
35section 252H.8. The fee shall be paid during the postreview
-666-1waiting period under section 252H.17. If the fee is not paid
2in full during the postreview notice period, further action
3shall not be taken by the unit child support services to adjust
4the order unless the parent not requesting the adjustment
5pays the fee in full during the postreview waiting period,
6or unless the children affected by the order reviewed are
7currently receiving public assistance benefits and the proposed
8adjustment would result in either an increase in the amount of
9support or in provisions for medical support for the children.
10e. A fee for conducting a conference requested pursuant to
11section 252H.20.
123. A parent who requests a review of a support order
13pursuant to section 252H.13, shall pay any service of process
14fees for service or attempted service of the notice required
15in section 252H.15. The unit Child support services shall not
16proceed to conduct a review pursuant to section 252H.16 until
17service of process fees have been paid in full. The service of
18process fee requirement of this subsection is not applicable
19to a parent who as a condition of eligibility for public
20assistance benefits has assigned the rights to child or medical
21support for the order to be reviewed. Service of process fees
22charged by a person other than the unit child support services
23 are distinct from any other fees and recovery of costs provided
24for in this section.
254. The unit Child support services shall, consistent with
26applicable federal law, recover administrative costs in excess
27of any fees collected pursuant to subsections 2 and 3 for
28providing services under this chapter and shall adopt rules
29providing for collection of fees for administrative costs.
305. The unit Child support services shall adopt rules
31pursuant to chapter 17A to establish procedures and criteria to
32determine the amount of any fees specified in this section and
33the administrative costs in excess of these fees.
34 Sec. 926. Section 252H.6, Code 2023, is amended to read as
35follows:
-667- 1252H.6 Collection of information.
2The unit Child support services may request, obtain, and
3validate information concerning the financial circumstances
4of the parents of a child as necessary to determine the
5appropriate amount of support pursuant to the guidelines
6established in section 598.21B, including but not limited to
7those sources and procedures described in sections 252B.7A and
8252B.9. The collection of information does not constitute a
9review conducted pursuant to section 252H.16.
10 Sec. 927. Section 252H.7, Code 2023, is amended to read as
11follows:
12252H.7 Waiver of notice periods and time limitations.
131. A parent may waive the fifteen-day prereview waiting
14period provided for in section 252H.16.
15a. Upon receipt of signed requests from both parents
16waiving the prereview waiting period, the unit child support
17services may conduct a review of the support order prior to
18the expiration of the fifteen-day period provided in section
19252H.16.
20b. If the parents jointly waive the prereview waiting period
21and the order under review is subsequently adjusted, the signed
22statements of both parents waiving the waiting period shall be
23filed in the court record with the order adjusting the support
24obligation.
252. A parent may waive the postreview waiting period provided
26for in section 252H.8, subsection 2 or 7, for a court hearing
27or in section 252H.17 for requesting of a second review.
28a. Upon receipt of signed requests from both parents subject
29to the order reviewed, waiving the postreview waiting period,
30the unit child support services may enter an administrative
31order adjusting the support order, if appropriate, prior to the
32expiration of the postreview waiting period.
33b. If the parents jointly waive the postreview waiting
34period and an administrative order to adjust the support order
35is entered, the signed statements of both parents waiving the
-668-1waiting period shall be filed in the court record with the
2administrative order adjusting the support obligation.
33. A parent may waive the time limitations established in
4section 252H.8, subsection 3, for requesting a court hearing,
5or in section 252H.20 for requesting a conference.
6a. Upon receipt of signed requests from both parents who
7are subject to the order to be modified, waiving the time
8limitations, the unit child support services may proceed to
9enter an administrative modification order.
10b. If the parents jointly waive the time limitations and
11an administrative modification order is entered under this
12chapter, the signed statements of both parents waiving the
13time limitations shall be filed in the court record with the
14administrative modification order.
15 Sec. 928. Section 252H.8, Code 2023, is amended to read as
16follows:
17252H.8 Certification to court — hearing — default.
181. For actions initiated under section 252H.15, either
19parent or the unit child support services may request a court
20hearing within fifteen days from the date of issuance of the
21notice of decision under section 252H.16, or within ten days
22of the date of issuance of the second notice of decision under
23section 252H.17, whichever is later.
242. For actions initiated under section 252H.14A, either
25parent or the unit child support services may request a court
26hearing within ten days of the issuance of the second notice of
27decision under section 252H.17.
283. For actions initiated under subchapter III, either
29parent or the unit child support services may request a court
30hearing within the latest of any of the following time periods:
31a. Twenty days from the date of successful service of the
32notice of intent to modify required under section 252H.19.
33b. Ten days from the date scheduled for a conference to
34discuss the modification action.
35c. Ten days from the date of issuance of a second notice of
-669-1a proposed modification action.
24. The time limitations for requesting a court hearing
3under this section may be extended by the unit child support
4services.
55. If a timely written request for a hearing is received
6by the unit child support services, a hearing shall be held
7in district court, and the unit child support services shall
8certify the matter to the district court in the county in which
9the order subject to adjustment or modification is filed. The
10certification shall include the following, as applicable:
11a. Copies of the notice of intent to review or notice of
12intent to modify.
13b. The return of service, proof of service, acceptance of
14service, or signed statement by the parent requesting review
15and adjustment or requesting modification, waiving service of
16the notice.
17c. Copies of the notice of decision and any revised notice
18as provided in section 252H.16.
19d. Copies of any written objections to and request for a
20second review or conference or hearing.
21e. Copies of any second notice of decision issued pursuant
22to section 252H.17, or second notice of proposed modification
23action issued pursuant to section 252H.20.
24f. Copies of any financial statements and supporting
25documentation provided by the parents including proof of
26a substantial change in circumstances for a request filed
27pursuant to section 252H.18A.
28g. Copies of any computation worksheet prepared by the
29unit child support services to determine the amount of support
30calculated using the mandatory child support guidelines
31established under section 598.21B, and, if appropriate and the
32social security disability provisions of sections 598.22 and
33598.22C apply, a determination of the amount of delinquent
34support due.
35h. A certified copy of each order, issued by another state
-670-1or foreign country, considered in determining the controlling
2order.
36. The court shall set the matter for hearing and notify the
4parties of the time and place of the hearing.
57. For actions initiated under section 252H.15, a hearing
6shall not be held for at least sixteen days following the date
7of issuance of the notice of decision unless the parents have
8jointly waived, in writing, the fifteen-day postreview period.
98. Pursuant to section 252H.3, the district court shall
10review the matter as an original hearing before the court.
119. Issues subject to review by the court in any hearing
12resulting from an action initiated under this chapter shall be
13limited to the issues identified in section 252H.3.
1410. Notwithstanding any other law to the contrary, if more
15than one support order exists involving children with the same
16legally established parents, one hearing on all of the affected
17support orders shall be held in the district court in the
18county where the unit child support services files the action.
19For the purposes of this subsection, the district court hearing
20the matter shall have jurisdiction over all other support
21orders entered by a court of this state and affected under this
22subsection.
2311. The court shall establish the amount of child support
24pursuant to section 598.21B, or medical support pursuant to
25chapter 252E, or both.
2612. If a party fails to appear at the hearing, upon a
27showing of proper notice to the party, the court may find the
28party in default and enter an appropriate order.
29 Sec. 929. Section 252H.9, Code 2023, is amended to read as
30follows:
31252H.9 Filing and docketing of administrative adjustment or
32modification order — order effective as district court order.
331. If timely request for a court hearing is not made
34pursuant to section 252H.8, the unit child support services
35 shall prepare and present an administrative order for
-671-1adjustment or modification, as applicable, for review and
2approval, ex parte, to the district court where the order to
3be adjusted or modified is filed. Notwithstanding any other
4law to the contrary, if more than one support order exists
5involving children with the same legally established parents,
6for the purposes of this subsection, the district court
7reviewing and approving the matter shall have jurisdiction over
8all other support orders entered by a court of this state and
9affected under this subsection.
102. For orders to which subchapter II or III is applicable,
11the unit child support services shall determine the appropriate
12amount of the child support obligation using the current child
13support guidelines established pursuant to section 598.21B
14and the criteria established pursuant to section 252B.7A and
15shall determine the provisions for medical support pursuant to
16chapter 252E.
173. The administrative order prepared by the unit child
18support services shall specify all of the following:
19a. The amount of support to be paid and the manner of
20payment.
21b. The name of the custodian of any child for whom support
22is to be paid.
23c. The name of the parent ordered to pay support.
24d. The name and birth date of any child for whom support is
25to be paid.
26e. That the property of the responsible person is subject
27to collection action, including but not limited to wage
28withholding, garnishment, attachment of a lien, and other
29methods of execution.
30f. Provisions for medical support.
31g. If applicable, the order determined to be the controlling
32order.
33h. If applicable, the amount of delinquent support due based
34upon the receipt of social security disability payments as
35provided in sections 598.22 and 598.22C.
-672- 14. Supporting documents as described in section 252H.8,
2subsection 5, may be presented to the court with the
3administrative order, as applicable.
45. Unless defects appear on the face of the order or on the
5attachments, the district court shall approve the order. Upon
6filing, the approved order shall have the same force, effect,
7and attributes of an order of the district court.
86. Upon filing, the clerk of the district court shall enter
9the order in the judgment docket and judgment lien index.
107. A copy of the order shall be sent by regular mail within
11fourteen days after filing to each parent’s last known address,
12or if applicable, to the last known address of the parent’s
13attorney.
148. The order is final, and action by the unit child support
15services to enforce and collect upon the order, including
16arrearages and medical support, or both, may be taken from the
17date of the entry of the order by the district court.
18 Sec. 930. Section 252H.10, subsection 2, Code 2023, is
19amended to read as follows:
202. The periodic due date established under a prior order
21for payment of child support shall not be changed in any
22order modified as a result of an action initiated under this
23chapter, unless the child support recovery unit services or
24the court determines that good cause exists to change the
25periodic due date. If the unit child support services or the
26court determines that good cause exists, the unit child support
27services or the court shall include the rationale for the
28change in the modified order and shall address the issue of
29reconciliation of any payments due or made under a prior order
30which would result in payment of the child support obligation
31under both the prior and the modified orders.
32 Sec. 931. Section 252H.11, Code 2023, is amended to read as
33follows:
34252H.11 Concurrent actions.
35This chapter does not prohibit or affect the ability or right
-673-1of a parent or the parent’s attorney to file a modification
2action at the parent’s own initiative. If a modification
3action is filed by a parent concerning an order for which an
4action has been initiated but has not yet been completed by the
5unit child support services under this chapter, the unit child
6support services shall terminate any action initiated under
7this chapter, subject to the following:
81. The modification action filed by the parent must address
9the same issues as the action initiated under this chapter.
102. If the modification action filed by the parent is
11subsequently dismissed before being heard by the court,
12the unit child support services shall continue the action
13previously initiated under subchapter II or III, or initiate a
14new action as follows:
15a. If the unit child support services previously initiated
16an action under subchapter II, and had not issued a notice of
17decision as required under section 252H.14A or 252H.16, the
18unit child support services shall proceed as follows:
19(1) If notice of intent to review was served ninety days
20or less prior to the date the modification action filed by the
21parent is dismissed, the unit child support services shall
22complete the review and issue the notice of decision.
23(2) If the modification action filed by the parent is
24dismissed more than ninety days after the original notice of
25intent to review was served, the unit child support services
26 shall serve or issue a new notice of intent to review and
27conduct the review.
28(3) If the unit child support services initiated a review
29under section 252H.14A, the unit child support services may
30issue the notice of decision.
31b. If the unit child support services previously initiated
32an action under subchapter II and had issued the notice of
33decision as required under section 252H.14A or 252H.16, the
34unit child support services shall proceed as follows:
35(1) If the notice of decision was issued ninety days or less
-674-1prior to the date the modification action filed by the parent
2is dismissed, the unit child support services shall request,
3obtain, and verify any new or different information concerning
4the financial circumstances of the parents and issue a revised
5notice of decision to each parent, or if applicable, to the
6parent’s attorney.
7(2) If the modification action filed by the parent is
8dismissed more than ninety days after the date of issuance
9of the notice of decision, the unit child support services
10 shall serve or issue a new notice of intent to review pursuant
11to section 252H.15 and conduct a review pursuant to section
12252H.16, or conduct a review and serve a new notice of decision
13under section 252H.14A.
14c. If the unit child support services previously initiated
15an action under subchapter III, the unit child support services
16 shall proceed as follows:
17(1) If the modification action filed by the parent is
18dismissed more than ninety days after the original notice of
19intent to modify was served, the unit child support services
20 shall serve a new notice of intent to modify pursuant to
21section 252H.19.
22(2) If the modification action filed by the parent is
23dismissed ninety days or less after the original notice of
24intent to modify was served, the unit child support services
25 shall complete the original modification action initiated by
26the unit child support services under this subchapter.
27(3) Each parent shall be allowed at least twenty days from
28the date the administrative modification action is reinstated
29to request a court hearing as provided for in section 252H.8.
303. If an action initiated under this chapter is terminated
31as the result of a concurrent modification action filed by
32one of the parents or the parent’s attorney, the unit child
33support services shall advise each parent, or if applicable,
34the parent’s attorney, in writing, that the action has been
35terminated and the provisions of subsection 2 of this section
-675-1for continuing or initiating a new action under this chapter.
2The notice shall be issued by regular mail to the last known
3mailing address of each parent, or if applicable, each parent’s
4attorney.
54. If an action initiated under this chapter by the
6unit child support services is terminated as the result
7of a concurrent action filed by one of the parents and is
8subsequently reinstated because the modification action filed
9by the parent is dismissed, the unit child support services
10 shall advise each parent, or if applicable, each parent’s
11attorney, in writing, that the unit child support services is
12continuing the prior administrative adjustment or modification
13action. The notice shall be issued by regular mail to the last
14known mailing address of each parent, or if applicable, each
15parent’s attorney.
16 Sec. 932. Section 252H.12, subsection 3, Code 2023, is
17amended to read as follows:
183. The unit Child support services is providing enforcement
19services for the ongoing support obligation pursuant to chapter
20252B.
21 Sec. 933. Section 252H.13, Code 2023, is amended to read as
22follows:
23252H.13 Right to request review.
24A parent shall have the right to request the review of a
25support order for which the unit child support services is
26currently providing enforcement services of an ongoing child
27support obligation pursuant to chapter 252B including by
28objecting to a cost-of-living alteration pursuant to section
29252H.24, subsections 1 and 2.
30 Sec. 934. Section 252H.14, Code 2023, is amended to read as
31follows:
32252H.14 Reviews initiated by the child support recovery unit
33 services.
341. The unit Child support services may periodically
35initiate a review of support orders meeting the conditions in
-676-1section 252H.12 in accordance with the following:
2a. The right to any ongoing child support obligation is
3currently assigned to the state due to the receipt of public
4assistance.
5b. The support order does not already include provisions for
6medical support.
7c. The review is otherwise necessary to comply with the Act.
82. The unit Child support services may periodically
9initiate a request to a child support agency of another state
10or to a foreign country to conduct a review of a support
11order when the right to any ongoing child or medical support
12obligation due under the order is currently assigned to the
13state of Iowa or if the order does not include provisions for
14medical support.
153. The unit Child support services shall adopt rules
16establishing criteria to determine the appropriateness of
17initiating a review.
184. The unit Child support services shall initiate reviews
19under this section in accordance with the Act.
20 Sec. 935. Section 252H.14A, Code 2023, is amended to read
21as follows:
22252H.14A Reviews initiated by the child support recovery unit
23 services — abbreviated method.
241. Notwithstanding section 252H.15, the unit child support
25services may use procedures under this section to review a
26support order if all the following apply:
27a. One of the following applies:
28(1) The right to ongoing child support is assigned to the
29state of Iowa due to the receipt of family investment program
30assistance, and a review of the support order is required under
31section 7302 of the federal Deficit Reduction Act of 2005, Pub.
32L. No.109-171.
33(2) A parent requests a review, provides the unit child
34support services with financial information as part of that
35request, and the order meets the criteria for review under this
-677-1subchapter.
2b. The unit Child support services has access to information
3concerning the financial circumstances of each parent and one
4of the following applies:
5(1) The parent is a recipient of family investment program
6assistance, medical assistance, or food supplemental nutrition
7assistance program assistance from the department.
8(2) The parent’s income is from supplemental security
9income paid pursuant to 42 U.S.C. §1381a.
10(3) The parent is a recipient of disability benefits under
11the Act because of the parent’s disability.
12(4) The parent is an inmate of an institution under the
13control of the department of corrections.
14(5) The unit Child support services has access to
15information described in section 252B.7A, subsection 1,
16paragraph “c”.
172. If the conditions of subsection 1 are met, the unit child
18support services may conduct a review and determine whether
19an adjustment is appropriate using information accessible by
20the unit child support services without issuing a notice under
21section 252H.15 or requesting additional information from the
22parent.
233. Upon completion of the review, the unit child support
24services shall issue a notice of decision to each parent, or
25if applicable, to each parent’s attorney. The notice shall be
26served in accordance with the rules of civil procedure or as
27provided in section 252B.26, except that a parent requesting
28a review pursuant to section 252H.13 shall waive the right to
29personal service of the notice in writing and accept service
30by regular mail. If the service by regular mail does not occur
31within ninety days of the written waiver of personal service,
32personal service of the notice is required unless a new waiver
33of personal service is obtained.
344. All of the following shall be included in the notice of
35decision:
-678- 1a. The legal basis and purpose of the action, including
2an explanation of the procedures for determining child
3support, the criteria for determining the appropriateness of
4an adjustment, and a statement that the unit child support
5services used the child support guidelines established pursuant
6to section 598.21B and the provisions for medical support
7pursuant to chapter 252E.
8b. Information sufficient to identify the affected parties
9and the support order or orders affected.
10c. An explanation of the legal rights and responsibilities
11of the affected parties, including time frames in which the
12parties must act.
13d. A statement indicating whether the unit child support
14services finds that an adjustment is appropriate and the basis
15for the determination.
16e. Procedures for contesting the action, including that if a
17parent requests a second review both parents will be requested
18to submit financial or income information as necessary for
19application of the child support guidelines established
20pursuant to section 598.21B.
21f. Other information as appropriate.
225. Section 252H.16, subsection 5, regarding a revised
23notice of decision shall apply to a notice of decision issued
24under this section.
256. Each parent shall have the right to challenge the notice
26of decision issued under this section by requesting a second
27review by the unit child support services as provided in
28section 252H.17. If there is no new or different information
29to consider for the second review, the unit child support
30services shall issue a second notice of decision based on prior
31information. Each parent shall have the right to challenge
32the second notice of decision by requesting a court hearing as
33provided in section 252H.8.
34 Sec. 936. Section 252H.15, subsection 1, Code 2023, is
35amended to read as follows:
-679- 11. Unless an action is initiated under section 252H.14A,
2prior to conducting a review of a support order, the unit child
3support services shall issue a notice of intent to review and
4adjust to each parent, or if applicable, to each parent’s
5attorney. However, notice to a child support agency or an
6agency entitled to receive child or medical support payments as
7the result of an assignment of support rights is not required.
8 Sec. 937. Section 252H.15, subsection 3, unnumbered
9paragraph 1, Code 2023, is amended to read as follows:
10The unit Child support services shall adopt rules pursuant
11to chapter 17A to ensure that all of the following are included
12in the notice:
13 Sec. 938. Section 252H.15, subsection 3, paragraph e, Code
142023, is amended to read as follows:
15e. Criteria for determining appropriateness of an adjustment
16and a statement that the unit child support services will use
17the child support guidelines established pursuant to section
18598.21B and the provisions for medical support pursuant to
19chapter 252E to adjust the order.
20 Sec. 939. Section 252H.16, Code 2023, is amended to read as
21follows:
22252H.16 Conducting the review — notice of decision.
231. For actions initiated under section 252H.15, the unit
24 child support services shall conduct the review and determine
25whether an adjustment is appropriate. As necessary, the unit
26 child support services shall make a determination of the
27controlling order or the amount of delinquent support due based
28upon the receipt of social security disability payments as
29provided in sections 598.22 and 598.22C.
302. Unless both parents have waived the prereview notice
31period as provided for in section 252H.7, the review shall
32not be conducted for at least fifteen days from the date both
33parents were successfully served with the notice required in
34section 252H.15.
353. Upon completion of the review, the unit child support
-680-1services shall issue a notice of decision by regular mail to
2the last known address of each parent, or if applicable, each
3parent’s attorney.
44. The unit Child support services shall adopt rules
5pursuant to chapter 17A to ensure that all of the following are
6included in the notice:
7a. Information sufficient to identify the affected parties
8and the support order or orders affected.
9b. A statement indicating whether the unit child support
10services finds that an adjustment is appropriate and the basis
11for the determination.
12c. Other information, as appropriate.
135. A revised notice of decision shall be issued when the
14unit child support services receives or becomes aware of new or
15different information affecting the results of the review after
16the notice of decision has been issued and before the entry of
17an administrative order adjusting the support order, when new
18or different information is not received in conjunction with
19a request for a second review, or subsequent to a request for
20a court hearing. If a revised notice of decision is issued,
21the time frames for requesting a second review or court hearing
22shall apply from the date of issuance of the revised notice.
23 Sec. 940. Section 252H.17, Code 2023, is amended to read as
24follows:
25252H.17 Challenging the notice of decision — second review
26— notice.
271. Each parent shall have the right to challenge the notice
28of decision issued under section 252H.14A or 252H.16, by
29requesting a second review by the unit child support services.
302. A challenge shall be submitted, in writing, to the
31local child support office that issued the notice of decision
32 services, within thirty days of service of the notice of
33decision under section 252H.14A or within ten days of the
34issuance of the notice of decision under section 252H.16.
353. A parent challenging the notice of decision shall submit
-681-1any new or different information, not previously considered by
2the unit child support services in conducting the review, with
3the challenge and request for second review.
44. A parent challenging the notice of decision shall submit
5any required fees with the challenge. Any request submitted
6without full payment of the required fee shall be denied.
75. If a timely challenge along with any necessary fee
8is received, the unit child support services shall issue by
9regular mail to the last known address of each parent, or if
10applicable, to each parent’s attorney, a notice that a second
11review will be conducted. The unit Child support services
12 shall adopt rules pursuant to chapter 17A to ensure that all of
13the following are included in the notice:
14a. A statement of purpose of the second review.
15b. Information sufficient to identify the affected parties
16and the support order or orders affected.
17c. A statement of the information that is eligible for
18consideration at the second review.
19d. The procedures and time frames in conducting and
20completing a second review, including a statement that only one
21second review shall be conducted as the result of a challenge
22received from either or both parents.
23e. An explanation of the right to request a court hearing,
24and the applicable time frames and procedures to follow in
25requesting a court hearing.
26f. Other information, as appropriate.
276. The unit Child support services shall conduct a second
28review, utilizing any new or additional information provided
29or available since issuance of the notice of decision under
30section 252H.14A or under section 252H.16, to determine whether
31an adjustment is appropriate.
327. Upon completion of the review, the unit child
33support services shall issue a second notice of decision by
34regular mail to the last known address of each parent, or if
35applicable, to each parent’s attorney. The unit Child support
-682-1services shall adopt rules pursuant to chapter 17A to ensure
2that all of the following are included in the notice:
3a. Information sufficient to identify the affected parties
4and the support order or orders affected.
5b. The unit’s Child support services’ finding resulting from
6the second review indicating whether the unit child support
7services finds that an adjustment is appropriate, the basis for
8the determination, and the impact on the first review.
9c. An explanation of the right to request a court hearing,
10and the applicable time frames and procedures to follow in
11requesting a court hearing.
12d. Other information, as appropriate.
138. If the determination resulting from the first review
14is revised or reversed by the second review, the following
15shall be issued to each parent along with the second notice of
16decision and the amount of any proposed adjustment:
17a. Any updated or revised financial statements provided by
18either parent.
19b. A computation prepared by the local child support office
20issuing the notice services, demonstrating how the amount of
21support due under the child support guidelines was calculated,
22and a comparison of the newly computed amount with the current
23support obligation amount.
24 Sec. 941. Section 252H.18, subsection 2, Code 2023, is
25amended to read as follows:
262. The unit Child support services is providing services
27pursuant to chapter 252B.
28 Sec. 942. Section 252H.18A, subsection 1, unnumbered
29paragraph 1, Code 2023, is amended to read as follows:
30If a support order is not eligible for review and adjustment
31because the support order is outside of the minimum time frames
32specified by rule of the department, a parent may request a
33review and administrative modification by submitting all of the
34following to the unit child support services:
35 Sec. 943. Section 252H.18A, subsection 2, Code 2023, is
-683-1amended to read as follows:
22. Upon receipt of the request and all documentation
3required in subsection 1, the unit child support services shall
4review the request and documentation and if appropriate shall
5issue a notice of intent to modify as provided in section
6252H.19.
7 Sec. 944. Section 252H.19, subsection 1, Code 2023, is
8amended to read as follows:
91. The unit Child support services shall issue a notice of
10intent to modify to each parent. Notice to a child support
11agency or an agency entitled to receive child or medical
12support payments as the result of an assignment of support
13rights is not required.
14 Sec. 945. Section 252H.19, subsection 2, unnumbered
15paragraph 1, Code 2023, is amended to read as follows:
16The notice shall be served upon each parent in accordance
17with the rules of civil procedure, except that a parent
18requesting modification shall, at the time of the request,
19waive the right to personal service of the notice in writing
20and accept service by regular mail. The unit Child support
21services shall adopt rules pursuant to chapter 17A to ensure
22that all of the following are included in the notice:
23 Sec. 946. Section 252H.20, Code 2023, is amended to read as
24follows:
25252H.20 Conference — second notice and finding of financial
26responsibility.
271. Each parent shall have the right to request a conference
28with the office of the unit that issued the notice of intent
29to modify child support services. The request may be made in
30person, in writing, or by telephone, and shall be made within
31ten days of the date of successful service of the notice of
32intent to modify.
332. A parent requesting a conference shall submit
34any required fee no later than the date of the scheduled
35conference. A conference shall not be held unless the required
-684-1fee is paid in full.
23. Upon a request and full payment of any required fee,
3the office of the unit that issued the notice of intent to
4modify child support services shall schedule a conference with
5the parent and advise the parent of the date, time, place, and
6procedural aspects of the conference. The unit Child support
7services shall adopt rules pursuant to chapter 17A to specify
8the manner in which a conference is conducted and the purpose
9of the conference.
104. Following the conference, the office of the unit that
11conducted the review child support services shall issue a
12second notice of proposed modification and finding of financial
13responsibility to the parent requesting the conference. The
14unit Child support services shall adopt rules pursuant to
15chapter 17A to ensure that all of the following are included
16in the notice:
17a. Information sufficient to identify the affected parties
18and the support order or orders affected.
19b. If the unit child support services will continue or
20terminate the action.
21c. Procedures for contesting the action and the applicable
22time frames for actions by the parents.
23d. Other information, as appropriate.
24 Sec. 947. Section 252H.21, subsection 2, paragraph c,
25subparagraph (2), Code 2023, is amended to read as follows:
26(2) Increase or decrease the amount of the child support
27order calculated in subparagraph (1) for each subsequent year
28by applying the appropriate consumer price index for each
29subsequent year to the result of the calculation for the
30previous year. The final year in the calculation shall be the
31year immediately preceding the year the unit child support
32services received the completed request for the cost-of-living
33alteration.
34 Sec. 948. Section 252H.22, subsection 3, Code 2023, is
35amended to read as follows:
-685- 13. The unit Child support services is providing enforcement
2services for the ongoing support obligation pursuant to chapter
3252B.
4 Sec. 949. Section 252H.23, unnumbered paragraph 1, Code
52023, is amended to read as follows:
6A parent may request a cost-of-living alteration by
7submitting all of the following to the unit child support
8services:
9 Sec. 950. Section 252H.24, Code 2023, is amended to read as
10follows:
11252H.24 Role of the child support recovery unit services —
12filing and docketing of cost-of-living alteration order — order
13effective as district court order.
141. Upon receipt of a request and required documentation for
15a cost-of-living alteration, the unit child support services
16 shall issue a notice of the amount of cost-of-living alteration
17by regular mail to the last known address of each parent,
18or, if applicable, each parent’s attorney. The notice shall
19include all of the following:
20a. A statement that either parent may contest the
21cost-of-living alteration within thirty days of the date of
22the notice by making a request for a review of a support order
23as provided in section 252H.13, and if either parent does not
24make a request for a review within thirty days, the unit child
25support services shall prepare an administrative order as
26provided in subsection 4.
27b. A statement that the parent may waive the thirty-day
28notice waiting period provided for in this section.
292. Upon timely receipt of a request and required
30documentation for a review of a support order as provided
31in subsection 1 from either parent, the unit child support
32services shall terminate the cost-of-living alteration process
33and apply the provisions of subchapters I and II of this
34chapter relating to review and adjustment.
353. Upon receipt of signed requests from both parents subject
-686-1to the support order, waiving the notice waiting period, the
2unit child support services may prepare an administrative order
3pursuant to subsection 4 altering the support obligation.
44. If timely request for a review pursuant to section
5252H.13 is not made, and if the thirty-day notice waiting
6period has expired, or if both parents have waived the notice
7waiting period, the unit child support services shall prepare
8and present an administrative order for a cost-of-living
9alteration, ex parte, to the district court where the order to
10be altered is filed.
115. Unless defects appear on the face of the administrative
12order or on the attachments, the district court shall approve
13the order. Upon filing, the approved order shall have the
14same force, effect, and attributes of an order of the district
15court.
166. Upon filing, the clerk of the district court shall enter
17the order in the judgment docket and judgment lien index.
187. If the parents jointly waive the thirty-day notice
19waiting period, the signed statements of both parents waiving
20the notice period shall be filed in the court record with the
21administrative order altering the support obligation.
228. The unit Child support services shall send a copy of
23the order by regular mail to each parent’s last known address,
24or, if applicable, to the last known address of the parent’s
25attorney.
269. An administrative order approved by the district court is
27final, and action by the unit child support services to enforce
28and collect upon the order may be taken from the date of the
29entry of the order by the district court.
30 Sec. 951. Section 252I.1, Code 2023, is amended to read as
31follows:
32252I.1 Definitions.
33As used in this chapter, unless the context otherwise
34requires:
351. “Account” means “account” as defined in section 524.103,
-687-1the savings or deposits of a member received or being held
2by a credit union, or certificates of deposit. “Account”
3also includes deposits held by an agent, a broker-dealer,
4or an issuer as defined in section 502.102 and money-market
5mutual fund accounts and “account” as defined in 42 U.S.C.
6§666(a)(17). However, “account” does not include amounts held
7by a financial institution as collateral for loans extended by
8the financial institution.
92. “Bank” means “bank”, “insured bank”, and “state bank” as
10defined in section 524.103.
113. “Child support services” means child support services
12created in section 252B.2.
133. 4. “Court order” means “support order” as defined in
14section 252J.1.
154. 5. “Credit union” means “credit union” as defined in
16section 533.102.
175. 6. “Financial institution” means “financial institution”
18as defined in 42 U.S.C. §669A(d)(1). “Financial institution”
19also includes an institution which holds deposits for an agent,
20broker-dealer, or an issuer as defined in section 502.102.
216. 7. “Obligor” means a person who has been ordered by a
22court or administrative authority to pay support.
237. 8. “Support” or “support payments” means “support” or
24“support payments” as defined in section 252D.16.
258. “Unit” or “child support recovery unit” means the child
26support recovery unit created in section 252B.2.
279. “Working days” means only Monday, Tuesday, Wednesday,
28Thursday, and Friday, but excluding the holidays specified in
29section 1C.2, subsection 1.
30 Sec. 952. Section 252I.2, Code 2023, is amended to read as
31follows:
32252I.2 Purpose and use.
331. Notwithstanding other statutory provisions which provide
34for the execution, attachment, or levy against accounts, the
35unit child support services may utilize the process established
-688-1in this chapter to collect delinquent support payments provided
2that any exemptions or exceptions which specifically apply to
3enforcement of support obligations pursuant to other statutory
4provisions also apply to this chapter.
52. An obligor is subject to the provisions of this chapter
6if the obligor’s support obligation is being enforced by the
7 child support recovery unit services, and if the support
8payments ordered under chapter 232, 234, 252A, 252C, 252D,
9252E, 252F, 598, 600B, or any other applicable chapter,
10or under a comparable statute of another state or foreign
11country, as certified to the child support recovery unit
12 services, are not paid to the clerk of the district court or
13the collection services center pursuant to section 598.22 and
14become delinquent in an amount equal to the support payment for
15one month.
163. Any amount forwarded by a financial institution under
17this chapter shall not exceed the amounts specified in 15
18U.S.C. §1673(b) and shall not exceed the delinquent or accrued
19amount of support owed by the obligor.
20 Sec. 953. Section 252I.3, Code 2023, is amended to read as
21follows:
22252I.3 Initial notice to obligor.
23The unit Child support services or the district court
24may include language in any new or modified support order
25issued on or after July 1, 1994, notifying the obligor that
26the obligor is subject to the provisions of this chapter.
27However, this chapter is sufficient notice for implementation
28of administrative levy provisions without further notice of the
29provisions of this chapter.
30 Sec. 954. Section 252I.4, Code 2023, is amended to read as
31follows:
32252I.4 Verification of accounts and immunity from liability.
331. The unit Child support services may contact a financial
34institution to obtain verification of the account number, the
35names and social security numbers listed for the account, and
-689-1the account balance of any account held by an obligor. Contact
2with a financial institution may be by telephone or by written
3communication. The financial institution may require positive
4voice recognition and may require the telephone number of the
5authorized person from the unit child support services before
6releasing an obligor’s account information by telephone.
72. The unit Child support services and financial
8institutions doing business in Iowa shall enter into agreements
9to develop and operate a data match system, using automated
10data exchanges to the maximum extent feasible. The data
11match system shall allow a means by which each financial
12institution shall provide to the unit child support services
13 for each calendar quarter the name, record address, social
14security number or other taxpayer identification number, and
15other identifying information for each obligor who maintains
16an account at the institution and who owes past-due support,
17as identified by the unit child support services by name and
18social security number or other taxpayer identification number.
19The unit Child support services shall work with representatives
20of financial institutions to develop a system to assist
21nonautomated financial institutions in complying with the
22provisions of this section.
233. The unit Child support services may pay a reasonable
24fee to a financial institution for conducting the data match
25required in subsection 2, not to exceed the lower of either
26one hundred fifty dollars for each quarterly data match or the
27actual costs incurred by the financial institution for each
28quarterly data match. However, the unit child support services
29 may also adopt rules pursuant to chapter 17A to specify a fee
30amount for each quarterly data match based upon the estimated
31state share of funds collected under this chapter, which,
32when adopted, shall be applied in lieu of the one hundred
33fifty dollar fee under this subsection. In addition, the unit
34 child support services may pay a reasonable fee to a financial
35institution for automation programming development performed
-690-1in order to conduct the data match required in subsection 2,
2not to exceed the lower of either five hundred dollars or
3the actual costs incurred by the financial institution. The
4unit Child support services may use the state share of funds
5collected under this chapter to pay the fees to financial
6institutions under this subsection. For state fiscal years
7beginning July 1, 1999, and July 1, 2000, the unit child
8support services may use up to one hundred percent of the
9state share of such funds. For state fiscal years beginning
10on or after July 1, 2001, the unit child support services may
11use up to fifty percent of the state share of such funds.
12Notwithstanding any other provision of law to the contrary,
13a financial institution shall have until a date provided in
14the agreement in subsection 2 to submit its claim for a fee
15under this subsection. If the unit child support services
16 does not have sufficient funds available under this subsection
17for payment of fees under this subsection for conducting data
18matches or for automation program development performed in the
19fiscal year beginning July 1, 1999, the cost may be carried
20forward to the fiscal year beginning July 1, 2000. The unit
21 Child support services may also use funds from an amount
22assessed a child support agency of another state, as defined in
23section 252H.2, to conduct a data match requested by that child
24support agency as provided in 42 U.S.C. §666(a)(14) to pay fees
25to financial institutions under this subsection.
264. a. A financial institution is immune from any liability
27in any action or proceeding, whether civil or criminal, for any
28of the following:
29(1) The disclosure of any information by a financial
30institution to the unit child support services pursuant to
31this chapter or the rules or procedures adopted by the unit
32 child support services to implement this chapter, including
33disclosure of information relating to an obligor who maintains
34an account with the financial institution or disclosure of
35information relating to any other person who maintains an
-691-1account with the financial institution that is provided for
2the purpose of complying with the data match requirements of
3this section and with the agreement entered into between the
4financial institution and the unit child support services
5 pursuant to subsection 2.
6(2) Any encumbrance or surrender of any assets held by a
7financial institution in response to a notice of lien or levy
8issued by the unit child support services.
9(3) Any action or omission in connection with good faith
10efforts to comply with this chapter or any rules or procedures
11that are adopted by the unit child support services to
12implement this chapter.
13(4) The disclosure, use, or misuse by the unit child
14support services or by any other person of information provided
15or assets delivered to the unit child support services by a
16financial institution.
17b. For the purposes of this section, “financial institution”
18includes officers, directors, employees, contractors, and
19agents of the financial institution.
205. The financial institution or the unit child support
21services is not liable for the cost of any early withdrawal
22penalty of an obligor’s certificate of deposit.
23 Sec. 955. Section 252I.5, subsections 1 and 2, Code 2023,
24are amended to read as follows:
251. If an obligor is subject to this chapter under section
26252I.2, the unit child support services may initiate an
27administrative action to levy against the accounts of the
28obligor.
292. The unit Child support services may send a notice to
30the financial institution with which the account is placed,
31directing that the financial institution forward all or a
32portion of the moneys in the obligor’s account or accounts to
33the collection services center established pursuant to chapter
34252B. The notice shall be sent by regular mail, with proof of
35service completed according to rule of civil procedure 1.442.
-692-1 Sec. 956. Section 252I.5, subsection 3, paragraph g, Code
22023, is amended to read as follows:
3g. A telephone number, and address, and contact name of the
4 for child support recovery unit contact initiating the action
5 services.
6 Sec. 957. Section 252I.6, Code 2023, is amended to read as
7follows:
8252I.6 Administrative levy — notice to support obligor.
91. The unit Child support services may administratively
10initiate an action to seize accounts of an obligor who is
11subject to this chapter under section 252I.2.
122. The unit Child support services shall notify an obligor
13subject to this chapter, and any other party known to have
14an interest in the account, of the action. The notice shall
15contain all of the following:
16a. The name of the obligor.
17b. A statement that the obligor is believed to have one or
18more accounts at the financial institution.
19c. A statement that pursuant to the provisions of this
20chapter, the obligor’s accounts are subject to seizure and the
21financial institution is authorized and required to forward
22moneys to the collection services center.
23d. The maximum amount to be forwarded by the financial
24institution, which shall not exceed the delinquent or accrued
25amount of support owed by the obligor.
26e. The prescribed time frames within which the financial
27institution must comply.
28f. A statement that any challenge to the action shall be
29in writing and shall be received by the child support recovery
30unit services within ten days of the date of the notice to the
31obligor.
32g. The address of the collection services center and the
33collection services center account number.
34h. A telephone number, and address, and contact name for
35the child support recovery unit contact initiating the action
-693-1 services.
23. The unit Child support services shall forward the notice
3to the obligor by regular mail within two working days of
4sending the notice to the financial institution pursuant to
5section 252I.5. Proof of service shall be completed according
6to rule of civil procedure 1.442.
7 Sec. 958. Section 252I.7, subsections 1 and 2, Code 2023,
8are amended to read as follows:
91. Immediately encumber funds in all accounts in which the
10obligor has an interest to the extent of the debt indicated in
11the notice from the unit child support services.
122. No sooner than fifteen days, and no later than twenty
13days from the date the financial institution receives the
14notice under section 252I.5, unless notified by the unit child
15support services of a challenge by the obligor or an account
16holder of interest, the financial institution shall forward the
17moneys encumbered to the collection services center with the
18obligor’s name and social security number, collection services
19center account number, and any other information required in
20the notice.
21 Sec. 959. Section 252I.8, Code 2023, is amended to read as
22follows:
23252I.8 Challenges to action.
241. Challenges under this chapter may be initiated only by an
25obligor or by an account holder of interest. Actions initiated
26by the unit child support services under this chapter are not
27subject to chapter 17A, and resulting court hearings following
28certification shall be an original hearing before the district
29court.
302. The person challenging the action shall submit a written
31challenge to the person identified as the contact for the unit
32in the notice child support services, within ten working days
33of the date of the notice.
343. The unit Child support services shall, upon receipt of
35a written challenge, review the facts of the case with the
-694-1challenging party. Only a mistake of fact, including but
2not limited to, a mistake in the identity of the obligor or
3a mistake in the amount of delinquent support due shall be
4considered as a reason to dismiss or modify the proceeding.
54. If the unit child support services determines that a
6mistake of fact has occurred the unit, child support services
7 shall proceed as follows:
8a. If a mistake in identity has occurred or the obligor is
9not delinquent in an amount equal to the payment for one month,
10the unit child support services shall notify the financial
11institution that the administrative levy has been released.
12The unit Child support services shall provide a copy of the
13notice to the support obligor by regular mail.
14b. If the obligor is delinquent, but the amount of the
15delinquency is less than the amount indicated in the notice,
16the unit child support services shall notify the financial
17institution of the revised amount with a copy of the notice and
18issue a copy to the obligor or forward a copy to the obligor
19by regular mail. Upon written receipt of instructions from
20the unit child support services, the financial institution
21shall release the funds in excess of the revised amount to
22the obligor and the moneys in the amount of the debt shall be
23processed according to section 252I.7.
245. If the unit child support services finds no mistake of
25fact, the unit child support services shall provide a notice
26to that effect to the challenging party by regular mail. Upon
27written request of the challenging party, the unit child
28support services shall request a hearing before the district
29court in the county in which the underlying support order is
30filed.
31a. The financial institution shall encumber moneys if the
32 child support recovery unit services notifies the financial
33institution to do so.
34b. The clerk of the district court shall schedule a hearing
35upon the request by the unit child support services for a
-695-1time not later than ten calendar days after the filing of
2the request for hearing. The clerk shall mail copies of the
3request for hearing and the order scheduling the hearing to
4the unit child support services and to all account holders of
5interest.
6c. If the court finds that there is a mistake of identity or
7that the obligor does not owe the delinquent support, the unit
8 child support services shall notify the financial institution
9that the administrative levy has been released.
10d. If the court finds that the obligor has an interest in
11the account, and the amount of support due was incorrectly
12overstated, the unit child support services shall notify the
13financial institution to release the excess moneys to the
14obligor and remit the remaining moneys in the amount of the
15debt to the collection services center for disbursement to the
16appropriate recipient.
17e. If the court finds that the obligor has an interest
18in the account, and the amount of support due is correct,
19the financial institution shall forward the moneys to the
20collection services center for disbursement to the appropriate
21recipient.
22f. If the obligor or any other party known to have an
23interest in the account fails to appear at the hearing, the
24court may find the challenging party in default, shall ratify
25the administrative levy, if valid upon its face, and shall
26enter an order directing the financial institution to release
27the moneys to the unit child support services.
28g. Issues related to visitation, custody, or other
29provisions not related to levies against accounts are not
30grounds for a hearing under this chapter.
31h. Support orders shall not be modified under a challenge
32pursuant to this section.
33i. Any findings in the challenge of an administrative
34levy related to the amount of the accruing or accrued support
35obligation do not modify the underlying support order.
-696- 1j. An order entered under this chapter for a levy against
2an account of a support obligor has priority over a levy for a
3purpose other than the support of the dependents in the court
4order being enforced.
56. The support obligor may withdraw the request for
6challenge by submitting a written withdrawal to the person
7identified as the contact for the unit child support services
8 in the notice or the unit child support services may withdraw
9the administrative levy at any time prior to the court hearing
10and provide notice of the withdrawal to the obligor and any
11account holder of interest and to the financial institution, by
12regular mail.
137. If the financial institution has forwarded moneys to
14the collection services center and has deducted a fee from the
15moneys of the account, or if any additional fees or costs are
16levied against the account, and all funds are subsequently
17refunded to the account due to a mistake of fact or ruling
18of the court, the child support recovery unit services shall
19reimburse the account for any fees assessed by the financial
20institution. If the mistake of fact is a mistake in the amount
21of support due and any portion of the moneys is retained as
22support payments, however, the unit child support services is
23not required to reimburse the account for any fees or costs
24levied against the account. Additionally, for the purposes
25of reimbursement to the account for any fees or costs, each
26certificate of deposit is considered a separate account.
27 Sec. 960. Section 252J.1, Code 2023, is amended to read as
28follows:
29252J.1 Definitions.
30As used in this chapter, unless the context otherwise
31requires:
321. “Certificate of noncompliance” means a document provided
33by the child support recovery unit services certifying that
34the named individual is not in compliance with any of the
35following:
-697- 1a. A support order.
2b. A written agreement for payment of support entered into
3by the unit child support services and the obligor.
4c. A subpoena or warrant relating to a paternity or support
5proceeding.
62. “Child support services” means child support services
7created in section 252B.2.
83. “Department” means the department of health and human
9services.
102. 4. “Individual” means a parent, an obligor, or a
11putative father in a paternity or support proceeding.
123. 5. “License” means a license, certification,
13registration, permit, approval, renewal, or other similar
14authorization issued to an individual by a licensing authority
15which evidences the admission to, or granting of authority to
16engage in, a profession, occupation, business, industry, or
17recreation or to operate or register a motor vehicle. “License”
18includes licenses for hunting, fishing, boating, or other
19recreational activity.
204. 6. “Licensee” means an individual to whom a license has
21been issued, or who is seeking the issuance of a license.
225. 7. “Licensing authority” means a county treasurer,
23county recorder or designated depositary, the supreme court,
24or an instrumentality, agency, board, commission, department,
25officer, organization, or any other entity of the state, which
26has authority within this state to suspend or revoke a license
27or to deny the renewal or issuance of a license authorizing an
28individual to register or operate a motor vehicle or to engage
29in a business, occupation, profession, recreation, or industry.
306. 8. “Obligor” means a natural person as defined
31in section 252G.1 who has been ordered by a court or
32administrative authority to pay support.
337. 9. “Subpoena or warrant” means a subpoena or warrant
34relating to a paternity or support proceeding initiated or
35obtained by the unit child support services or a child support
-698-1agency as defined in section 252H.2.
28. 10. “Support” means support or support payments as
3defined in section 252D.16, whether established through court
4or administrative order.
59. 11. “Support order” means an order for support issued
6pursuant to chapter 232, 234, 252A, 252C, 252D, 252E, 252F,
7252H, 598, 600B, or any other applicable chapter, or under
8a comparable statute of another state or foreign country as
9registered with the clerk of the district court or certified to
10the child support recovery unit services.
1110. “Unit” means the child support recovery unit created in
12section 252B.2.
1311. 12. “Withdrawal of a certificate of noncompliance”
14means a document provided by the unit child support services
15 certifying that the certificate of noncompliance is withdrawn
16and that the licensing authority may proceed with issuance,
17reinstatement, or renewal of an individual’s license.
18 Sec. 961. Section 252J.2, Code 2023, is amended to read as
19follows:
20252J.2 Purpose and use.
211. Notwithstanding other statutory provisions to the
22contrary, and if an individual has not been cited for contempt
23and enjoined from engaging in the activity governed by a
24license pursuant to section 598.23A, the unit child support
25services may utilize the process established in this chapter
26to collect support.
272. For cases in which services are provided by the unit
28 child support services all of the following apply:
29a. An obligor is subject to the provisions of this chapter
30if the obligor’s support obligation is being enforced by the
31unit child support services, if the support payments required
32by a support order to be paid to the clerk of the district
33court or the collection services center pursuant to section
34598.22 are not paid and become delinquent in an amount equal
35to the support payment for three months, and if the obligor’s
-699-1situation meets other criteria specified under rules adopted by
2the department pursuant to chapter 17A.The criteria specified
3by rule shall include consideration of the length of time since
4the obligor’s last support payment and the total amount of
5support owed by the obligor.
6b. An individual is subject to the provisions of this
7chapter if the individual has failed, after receiving
8appropriate notice, to comply with a subpoena or warrant.
93. Actions initiated by the unit child support services
10 under this chapter shall not be subject to contested case
11proceedings or further review pursuant to chapter 17A and any
12resulting court hearing shall be an original hearing before the
13district court.
144. Notwithstanding chapter 22, all of the following apply:
15a. Information obtained by the unit child support services
16 under this chapter shall be used solely for the purposes of
17this chapter or chapter 252B.
18b. Information obtained by a licensing authority shall be
19used solely for the purposes of this chapter.
20 Sec. 962. Section 252J.3, Code 2023, is amended to read as
21follows:
22252J.3 Notice to individual of potential sanction of license.
23The unit Child support services shall proceed in accordance
24with this chapter only if the unit child support services sends
25a notice to the individual by regular mail to the last known
26address of the individual. The notice shall include all of the
27following:
281. The address and telephone number of the unit child
29support services and the unit the child support services’ case
30number.
312. A statement that the obligor is not in compliance with
32a support order or the individual has not complied with a
33subpoena or warrant.
343. A statement that the individual may request a conference
35with the unit child support services to contest the action.
-700- 14. A statement that if, within twenty days of mailing of
2the notice to the individual, the individual fails to contact
3the unit child support services to schedule a conference,
4the unit child support services shall issue a certificate of
5noncompliance, bearing the individual’s name, social security
6number and unit the child support services’ case number, to any
7appropriate licensing authority, certifying that the obligor is
8not in compliance with a support order or an individual has not
9complied with a subpoena or warrant.
105. A statement that in order to stay the issuance of a
11certificate of noncompliance the request for a conference shall
12be in writing and shall be received by the unit child support
13services within twenty days of mailing of the notice to the
14individual.
156. The names of the licensing authorities to which the
16unit child support services intends to issue a certificate of
17noncompliance.
187. A statement that if the unit child support services
19 issues a certificate of noncompliance to an appropriate
20licensing authority, the licensing authority shall initiate
21proceedings to refuse to issue or renew, or to suspend or
22revoke the individual’s license, unless the unit child support
23services provides the licensing authority with a withdrawal of
24a certificate of noncompliance.
25 Sec. 963. Section 252J.4, Code 2023, is amended to read as
26follows:
27252J.4 Conference.
281. The individual may schedule a conference with the unit
29 child support services following mailing of the notice pursuant
30to section 252J.3, or at any time after service of notice of
31suspension, revocation, denial of issuance, or nonrenewal of
32a license from a licensing authority, to challenge the unit’s
33 child support services’ actions under this chapter.
342. The request for a conference shall be made to the unit
35 child support services, in writing, and, if requested after
-701-1mailing of the notice pursuant to section 252J.3, shall be
2received by the unit child support services within twenty days
3following mailing of the notice.
43. The unit Child support services shall notify the
5individual of the date, time, and location of the conference by
6regular mail, with the date of the conference to be no earlier
7than ten days following issuance of notice of the conference
8by the unit child support services, unless the individual and
9the unit child support services agree to an earlier date which
10may be the same date the individual requests the conference.
11If the individual fails to appear at the conference, the
12unit child support services shall issue a certificate of
13noncompliance.
144. Following the conference, the unit child support
15services shall issue a certificate of noncompliance unless any
16of the following applies:
17a. The unit Child support services finds a mistake in the
18identity of the individual.
19b. The unit Child support services finds a mistake in
20determining that the amount of delinquent support is equal to
21or greater than three months.
22c. The obligor enters a written agreement with the unit
23 child support services to comply with a support order, the
24obligor complies with an existing written agreement to comply
25with a support order, or the obligor pays the total amount of
26delinquent support due.
27d. Issuance of a certificate of noncompliance is not
28appropriate under other criteria established in accordance with
29rules adopted by the department pursuant to chapter 17A.
30e. The unit Child support services finds a mistake in
31determining the compliance of the individual with a subpoena
32or warrant.
33f. The individual complies with a subpoena or warrant.
345. The unit Child support services shall grant the
35individual a stay of the issuance of a certificate of
-702-1noncompliance upon receiving a timely written request
2for a conference, and if a certificate of noncompliance
3has previously been issued, shall issue a withdrawal of a
4certificate of noncompliance if the obligor enters into a
5written agreement with the unit child support services to
6comply with a support order or if the individual complies with
7a subpoena or warrant.
86. If the individual does not timely request a conference
9or does not comply with a subpoena or warrant or if the
10obligor does not pay the total amount of delinquent support
11owed within twenty days of mailing of the notice pursuant to
12section 252J.3, the unit child support services shall issue a
13certificate of noncompliance.
14 Sec. 964. Section 252J.5, Code 2023, is amended to read as
15follows:
16252J.5 Written agreement.
171. If an obligor is subject to this chapter as established
18in section 252J.2, subsection 2, paragraph “a”, the obligor
19and the unit child support services may enter into a written
20agreement for payment of support and compliance which takes
21into consideration the obligor’s ability to pay and other
22criteria established by rule of the department. The written
23agreement shall include all of the following:
24a. The method, amount, and dates of support payments by the
25obligor.
26b. A statement that upon breach of the written agreement
27by the obligor, the unit child support services shall issue
28a certificate of noncompliance to any appropriate licensing
29authority.
302. A written agreement entered into pursuant to this section
31does not preclude any other remedy provided by law and shall
32not modify or affect an existing support order.
333. Following issuance of a certificate of noncompliance,
34if the obligor enters into a written agreement with the unit
35 child support services, the unit child support services shall
-703-1issue a withdrawal of the certificate of noncompliance to any
2appropriate licensing authority and shall forward a copy of the
3withdrawal by regular mail to the obligor.
4 Sec. 965. Section 252J.6, Code 2023, is amended to read as
5follows:
6252J.6 Decision of the unit child support services.
71. If an obligor is not in compliance with a support order
8or the individual is not in compliance with a subpoena or
9warrant pursuant to section 252J.2, the unit child support
10services mails a notice to the individual pursuant to section
11252J.3, and the individual requests a conference pursuant to
12section 252J.4, the unit child support services shall issue a
13written decision if any of the following conditions exists:
14a. The individual fails to appear at a scheduled conference
15under section 252J.4.
16b. A conference is held under section 252J.4.
17c. The obligor fails to comply with a written agreement
18entered into by the obligor and the unit child support services
19 under section 252J.5.
202. The unit Child support services shall send a copy of
21the written decision to the individual by regular mail at the
22individual’s most recent address of record. If the decision
23is made to issue a certificate of noncompliance or to withdraw
24the certificate of noncompliance, a copy of the certificate
25of noncompliance or of the withdrawal of the certificate of
26noncompliance shall be attached to the written decision. The
27written decision shall state all of the following:
28a. That the certificate of noncompliance or withdrawal
29of the certificate of noncompliance has been provided to the
30licensing authorities named in the notice provided pursuant to
31section 252J.3.
32b. That upon receipt of a certificate of noncompliance,
33the licensing authority shall initiate proceedings to suspend,
34revoke, deny issuance, or deny renewal of a license, unless
35the licensing authority is provided with a withdrawal of a
-704-1certificate of noncompliance from the unit child support
2services.
3c. That in order to obtain a withdrawal of a certificate of
4noncompliance from the unit child support services, the obligor
5shall enter into a written agreement with the unit child
6support services, comply with an existing written agreement
7with the unit child support services, or pay the total amount
8of delinquent support owed or the individual shall comply with
9a subpoena or warrant.
10d. That if the unit child support services issues a written
11decision which includes a certificate of noncompliance, that
12 all of the following apply:
13(1) The individual may request a hearing as provided in
14section 252J.9, before the district court as follows:
15(a) If the action is a result of section 252J.2, subsection
162, paragraph “a”, in the county in which the underlying support
17order is filed, by filing a written application to the court
18challenging the issuance of the certificate of noncompliance
19by the unit child support services and sending a copy of the
20application to the unit child support services within the time
21period specified in section 252J.9.
22(b) If the action is a result of section 252J.2, subsection
232, paragraph “b”, and the individual is not an obligor, in the
24county in which the dependent child or children reside if the
25child or children reside in Iowa; in the county in which the
26dependent child or children last received public assistance if
27the child or children received public assistance in Iowa; or
28in the county in which the individual resides if the action is
29the result of a request from a child support agency in another
30state or foreign country.
31(2) The individual may retain an attorney at the
32individual’s own expense to represent the individual at the
33hearing.
34(3) The scope of review of the district court shall be
35limited to demonstration of a mistake of fact related to the
-705-1delinquency of the obligor or the compliance of the individual
2with a subpoena or warrant.
33. If the unit child support services issues a certificate
4of noncompliance, the unit child support services shall only
5issue a withdrawal of the certificate of noncompliance if any
6of the following applies:
7a. The unit Child support services or the court finds a
8mistake in the identity of the individual.
9b. The unit Child support services finds a mistake in
10determining compliance with a subpoena or warrant.
11c. The unit Child support services or the court finds a
12mistake in determining that the amount of delinquent support
13due is equal to or greater than three months.
14d. The obligor enters a written agreement with the unit
15 child support services to comply with a support order, the
16obligor complies with an existing written agreement to comply
17with a support order, or the obligor pays the total amount of
18delinquent support owed.
19e. The individual complies with the subpoena or warrant.
20f. Issuance of a withdrawal of the certificate of
21noncompliance is appropriate under other criteria in accordance
22with rules adopted by the department pursuant to chapter 17A.
23 Sec. 966. Section 252J.7, subsection 1, Code 2023, is
24amended to read as follows:
251. If the individual fails to respond to the notice of
26potential license sanction provided pursuant to section 252J.3
27or the unit child support services issues a written decision
28under section 252J.6 which states that the individual is not
29in compliance, the unit child support services shall issue
30a certificate of noncompliance to any appropriate licensing
31authority.
32 Sec. 967. Section 252J.8, subsection 2, Code 2023, is
33amended to read as follows:
342. In addition to other grounds for suspension, revocation,
35or denial of issuance or renewal of a license, a licensing
-706-1authority shall include in rules adopted by the licensing
2authority as grounds for suspension, revocation, or denial of
3issuance or renewal of a license, the receipt of a certificate
4of noncompliance from the unit child support services.
5 Sec. 968. Section 252J.8, subsection 4, paragraph c,
6subparagraphs (1), (2), and (3), Code 2023, are amended to read
7as follows:
8(1) The licensing authority intends to suspend, revoke, or
9deny issuance or renewal of an individual’s license due to the
10receipt of a certificate of noncompliance from the unit child
11support services.
12(2) The individual must contact the unit child support
13services to schedule a conference or to otherwise obtain a
14withdrawal of a certificate of noncompliance.
15(3) Unless the unit child support services furnishes a
16withdrawal of a certificate of noncompliance to the licensing
17authority within thirty days of the issuance of the notice
18under this section, the individual’s license will be revoked,
19suspended, or denied.
20 Sec. 969. Section 252J.8, subsection 5, Code 2023, is
21amended to read as follows:
225. If the licensing authority receives a withdrawal of
23a certificate of noncompliance from the unit child support
24services, the licensing authority shall immediately reinstate,
25renew, or issue a license if the individual is otherwise in
26compliance with licensing requirements established by the
27licensing authority.
28 Sec. 970. Section 252J.9, subsection 1, unnumbered
29paragraph 1, Code 2023, is amended to read as follows:
30Following the issuance of a written decision by the unit
31 child support services under section 252J.6 which includes
32the issuance of a certificate of noncompliance, or following
33provision of notice to the individual by a licensing authority
34pursuant to section 252J.8, an individual may seek review of
35the decision and request a hearing before the district court
-707-1as follows:
2 Sec. 971. Section 252J.9, subsection 1, paragraph a, Code
32023, is amended to read as follows:
4a. If the action is a result of section 252J.2, subsection
52, paragraph “a”, in the county in which the underlying support
6order is filed, by filing an application with the district
7court, and sending a copy of the application to the unit by
8regular mail child support services.
9 Sec. 972. Section 252J.9, subsections 2 and 6, Code 2023,
10are amended to read as follows:
112. An application shall be filed to seek review of the
12decision by the unit child support services or following
13issuance of notice by the licensing authority no later than
14within thirty days after the issuance of the notice pursuant to
15section 252J.8. The clerk of the district court shall schedule
16a hearing and mail a copy of the order scheduling the hearing
17to the individual and the unit child support services and shall
18also mail a copy of the order to the licensing authority, if
19applicable. The unit Child support services shall certify a
20copy of its written decision and certificate of noncompliance,
21indicating the date of issuance, and the licensing authority
22shall certify a copy of a notice issued pursuant to section
23252J.8, to the court prior to the hearing.
246. If the court finds that the unit child support services
25 was in error in issuing a certificate of noncompliance,
26or in failing to issue a withdrawal of a certificate of
27noncompliance, the unit child support services shall issue a
28withdrawal of a certificate of noncompliance to the appropriate
29licensing authority.
30 Sec. 973. Section 252K.103, Code 2023, is amended to read
31as follows:
32252K.103 State tribunal and support enforcement agency.
331. The child Child support recovery unit services when
34the unit child support services establishes or modifies an
35order, upon ratification by the court, and the court, are the
-708-1tribunals of this state.
22. The child Child support recovery unit services created in
3section 252B.2 is the support enforcement agency of this state.
4 Sec. 974. Section 252K.201, subsection 1, paragraph g, Code
52023, is amended to read as follows:
6g. The individual asserted parentage of a child in the
7declaration of paternity registry maintained in this state
8by the Iowa department of public health and human services
9 pursuant to section 144.12A or established paternity by
10affidavit under section 252A.3A.
11 Sec. 975. Section 252K.310, subsection 1, Code 2023, is
12amended to read as follows:
131. The child Child support recovery unit services is the
14state information agency under this chapter.
15 Sec. 976. Section 252K.319, subsection 2, unnumbered
16paragraph 1, Code 2023, is amended to read as follows:
17If neither the obligor, nor the obligee who is an individual,
18nor the child resides in this state, upon request from the
19support enforcement agency of this state or another state, the
20 child support recovery unit services or a tribunal of this
21state shall:
22 Sec. 977. Section 252K.703, Code 2023, is amended to read
23as follows:
24252K.703 Relationship of child support recovery unit services
25 to United States central authority.
26The child Child support recovery unit services of this state
27is recognized as the agency designated by the United States
28central authority to perform specific functions under the
29convention.
30 Sec. 978. Section 252K.704, Code 2023, is amended to read
31as follows:
32252K.704 Initiation by child support recovery unit services
33 of support proceeding under convention.
341. In a support proceeding under this article, the child
35support recovery unit services of this state shall:
-709- 1a. Transmit and receive applications.
2b. Initiate or facilitate the institution of a proceeding
3regarding an application in a tribunal of this state.
42. The following support proceedings are available to an
5obligee under the convention:
6a. Recognition or recognition and enforcement of a foreign
7support order.
8b. Enforcement of a support order issued or recognized in
9this state.
10c. Establishment of a support order if there is no existing
11order, including, if necessary, determination of parentage of a
12child.
13d. Establishment of a support order if recognition of
14a foreign support order is refused under section 252K.708,
15subsection 2, paragraph “b”, “d”, or “i”.
16e. Modification of a support order of a tribunal of this
17state.
18f. Modification of a support order of a tribunal of another
19state or a foreign country.
203. The following support proceedings are available under
21the convention to an obligor against which there is an existing
22support order:
23a. Recognition of an order suspending or limiting
24enforcement of an existing support order of a tribunal of this
25state.
26b. Modification of a support order of a tribunal of this
27state.
28c. Modification of a support order of a tribunal of another
29state or a foreign country.
304. A tribunal of this state may not require security, bond,
31or deposit, however described, to guarantee the payment of
32costs and expenses in proceedings under the convention.
33 Sec. 979. Section 252K.705, subsection 4, Code 2023, is
34amended to read as follows:
354. A petitioner filing a direct request is not entitled to
-710-1assistance from the child support recovery unit services.
2 Sec. 980. Section 252K.708, subsection 3, paragraph b, Code
32023, is amended to read as follows:
4b. The child Child support recovery unit services shall take
5all appropriate measures to request a child support order for
6the obligee if the application for recognition and enforcement
7was received under section 252K.704.
8 Sec. 981. Section 256.1, subsection 1, paragraph e, Code
92023, is amended to read as follows:
10e. Educational supervision over the elementary and secondary
11schools under the control of an administrator of a division of
12 the department of health and human services.
13 Sec. 982. Section 256.9, subsection 15, Code 2023, is
14amended to read as follows:
1515. Provide the same educational supervision for the
16schools maintained by the director of health and human services
17as is provided for the public schools of the state and make
18recommendations to the director of health and human services
19for the improvement of the educational program in those
20institutions.
21 Sec. 983. Section 256.9, subsection 31, paragraph b, Code
222023, is amended to read as follows:
23b. Standards and materials developed shall include materials
24which employ developmentally appropriate practices and
25incorporate substantial parental involvement. The materials
26and standards shall include alternative teaching approaches
27including collaborative teaching and alternative dispute
28resolution training. The department shall consult with the
29child development coordinating council, the state child care
30advisory committee established pursuant to section 135.173A,
31the department of health and human services, the state board
32of regents center for early developmental education, the
33area education agencies, the department of human development
34and family studies in the college of human sciences at
35Iowa state university of science and technology, the early
-711-1childhood elementary division of the college of education at
2the university of Iowa, and the college of education at the
3university of northern Iowa, in developing these standards and
4materials.
5 Sec. 984. Section 256.9, subsection 46, paragraph a, Code
62023, is amended to read as follows:
7a. Develop and make available to school districts, examples
8of age-appropriate and research-based materials and lists
9of resources which parents may use to teach their children
10to recognize unwanted physical and verbal sexual advances,
11to not make unwanted physical and verbal sexual advances,
12to effectively reject unwanted sexual advances, that it is
13wrong to take advantage of or exploit another person, about
14the dangers of sexual exploitation by means of the internet
15including specific strategies to help students protect
16themselves and their personally identifiable information
17from such exploitation, and about counseling, medical, and
18legal resources available to survivors of sexual abuse and
19sexual assault, including resources for escaping violent
20relationships. The materials and resources shall cover verbal,
21physical, and visual sexual harassment, including nonconsensual
22sexual advances, and nonconsensual physical sexual contact. In
23developing the materials and resource list, the director shall
24consult with entities that shall include but not be limited to
25the departments of health and human services, public health,
26 and public safety, education stakeholders, and parent-teacher
27organizations. School districts shall provide age-appropriate
28and research-based materials and a list of available community
29and internet-based resources to parents at registration and
30shall also include the age-appropriate and research-based
31materials and resource list in the student handbook. School
32districts are encouraged to work with their communities to
33provide voluntary parent education sessions to provide parents
34with the skills and appropriate strategies to teach their
35children as described in this subsection. School districts
-712-1shall incorporate the age-appropriate and research-based
2materials into relevant curricula and shall reinforce the
3importance of preventive measures when reasonable with parents
4and students.
5 Sec. 985. Section 256.9, subsection 50, unnumbered
6paragraph 1, Code 2023, is amended to read as follows:
7Convene, in collaboration with the department of public
8 health and human services, a nutrition advisory panel to
9review research in pediatric nutrition conducted in compliance
10with accepted scientific methods by recognized professional
11organizations and agencies including but not limited to the
12institute of medicine. The advisory panel shall submit its
13findings and recommendations, which shall be consistent with
14the dietary guidelines for Americans published jointly by the
15United States department of health and human services and
16department of agriculture if in the judgment of the advisory
17panel the guidelines are supported by the research findings, in
18a report to the state board. The advisory panel may submit to
19the state board recommendations on standards related to federal
20school food programs if the recommendations are intended to
21exceed the existing federal guidelines. The state board
22shall consider the advisory panel report when establishing or
23amending the nutritional content standards required pursuant
24to section 256.7, subsection 29. The director shall convene
25the advisory panel by July 1, 2008, and every five years
26thereafter to review the report and make recommendations for
27changes as appropriate. The advisory panel shall include
28but is not limited to at least one Iowa state university
29extension nutrition and health field specialist and at least
30one representative from each of the following:
31 Sec. 986. Section 256.11, subsection 5, paragraph j,
32subparagraph (1), Code 2023, is amended to read as follows:
33(1) One unit of health education which shall include
34personal health; food and nutrition; environmental health;
35safety and survival skills; consumer health; family life;
-713-1age-appropriate and research-based human growth and
2development; substance abuse use disorder and nonuse; emotional
3and social health; health resources; and prevention and control
4of disease, including age-appropriate and research-based
5information regarding sexually transmitted diseases, including
6HPV and the availability of a vaccine to prevent HPV, and
7acquired immune deficiency syndrome.
8 Sec. 987. Section 256.16, subsection 1, paragraphs b and l,
9Code 2023, are amended to read as follows:
10b. Include in the professional education program,
11preparation that contributes to the education of students
12with disabilities and students who are gifted and talented,
13preparation in developing and implementing individualized
14education programs and behavioral intervention plans,
15preparation for educating individuals in the least restrictive
16environment and identifying that environment, strategies that
17address difficult and violent student behavior and improve
18academic engagement and achievement, and preparation in
19classroom management addressing high-risk behaviors including
20but not limited to behaviors related to substance abuse use
21disorder. Preparation required under this paragraph must be
22successfully completed before graduation from the practitioner
23preparation program.
24l. If the rules adopted by the board of educational
25examiners for issuance of any type or class of license require
26an applicant to complete work in student teaching, pre-student
27teaching experiences, field experiences, practicums, clinicals,
28or internships, enter into a written contract with any school
29district, accredited nonpublic school, preschool registered or
30licensed by the department of health and human services, or
31area education agency in Iowa, to provide for such work under
32terms and conditions as agreed upon by the contracting parties.
33The terms and conditions of a written contract entered into
34with a preschool pursuant to this paragraph shall require
35that a student teacher be under the direct supervision of an
-714-1appropriately licensed cooperating teacher who is employed
2to teach at the preschool. Students actually teaching or
3engaged in preservice licensure activities in a school district
4under the terms of such a contract are entitled to the same
5protection under section 670.8 as is afforded by that section
6to officers and employees of the school district, during the
7time such students are so assigned.
8 Sec. 988. 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 health and human services,
14the Iowa developmental disabilities council, the division
15of insurance of the department of commerce, and the state
16board of regents shall serve as ex officio members of the
17advisory council. Ex officio members shall work together in
18a collaborative manner to serve as a resource to the advisory
19council. The council may also form workgroups as necessary
20to address specific issues within the technical purview of
21individual members.
22 Sec. 989. Section 256.39, subsection 5, Code 2023, is
23amended to read as follows:
245. In developing career pathways program efforts, each
25consortium shall make every effort to cooperate with the
26juvenile courts, the economic development authority, the
27department of workforce development, the department of health
28and human services, and the new Iowa schools development
29corporation.
30 Sec. 990. Section 256.46, subsection 1, paragraph g, Code
312023, is amended to read as follows:
32g. The child is a participant in a substance abuse use
33disorder or mental health program.
34 Sec. 991. Section 256A.2, Code 2023, is amended to read as
35follows:
-715- 1256A.2 Child development coordinating council established.
21. A child development coordinating council is established
3to promote the provision of child development services to
4at-risk three-year-old and four-year-old children. The council
5shall consist of the following members:
6a. The administrator of the division of adult, children
7and family services of the department of human services or the
8administrator’s designee.
9b. a. The director of the department of education or the
10director’s designee.
11c. b. The director of health and human services or the
12director’s designee.
13d. The director of the department of public health or the
14director’s designee.
15e. c. An early childhood specialist of an area education
16agency selected by the area education agency administrators.
17f. d. The dean of the college of human sciences at Iowa
18state university of science and technology or the dean’s
19designee.
20g. e. The dean of the college of education from the
21university of northern Iowa or the dean’s designee.
22h. f. The professor and head of the department of
23pediatrics at the university of Iowa or the professor’s
24designee.
25i. g. A resident of this state who is a parent of a child
26who is or has been served by a federal head start program.
272. Staff assistance for the council shall be provided by
28the department of education. Members of the council shall be
29reimbursed for actual and necessary expenses incurred while
30engaged in their official duties and shall receive per diem
31compensation at the level authorized under section 7E.6,
32subsection 1, paragraph “a”.
33 Sec. 992. Section 256B.2, subsection 2, paragraph c, Code
342023, is amended to read as follows:
35c. For those children who cannot adapt to the regular
-716-1educational or home living conditions, and who are attending
2facilities under chapters 263, 269, and 270, upon the request
3of the board of directors of an area education agency,
4the department of health and human services shall provide
5residential or detention facilities and the area education
6agency shall provide special education programs and services.
7The area education agencies shall cooperate with the board of
8regents to provide the services required by this chapter.
9 Sec. 993. Section 256B.3, subsection 9, Code 2023, is
10amended to read as follows:
119. To cooperate with existing agencies such as the
12department of health and human services, the Iowa department of
13public health, the Iowa school for the deaf, the Iowa braille
14and sight saving school, the children’s hospitals, or other
15agencies concerned with the welfare and health of children
16requiring special education in the coordination of their
17educational activities for such children.
18 Sec. 994. Section 256B.5, Code 2023, is amended to read as
19follows:
20256B.5 Information available upon request by bureau.
21The Iowa department of public health and human services
22 shall furnish to the state bureau of special education
23upon request information obtained from birth certificates
24relative to the name, address, and disability of any case of
25developmental disability. The state child health specialty
26clinics of the university of Iowa shall upon request furnish to
27the state bureau of special education the name, address, and
28disability of all children of their register.
29 Sec. 995. Section 256B.10, subsection 1, paragraph a, Code
302023, is amended to read as follows:
31a. The department of education shall work with the state
32school for the deaf, the area education agencies, school
33districts, and the early hearing detection and intervention
34program in the Iowa department of public health and human
35services for purposes of coordinating, developing, and
-717-1disseminating resources for use by parents or guardians, early
2hearing detection and intervention programs, the state school
3for the deaf, area education agencies, school districts, and
4accredited nonpublic schools to inform deaf and hard-of-hearing
5children’s expressive and receptive language acquisition or
6development.
7 Sec. 996. Section 256B.10, subsection 3, unnumbered
8paragraph 1, Code 2023, is amended to read as follows:
9The department of education, in consultation with the state
10school for the deaf, the area education agencies, school
11districts, and the early hearing detection and intervention
12program in the Iowa department of public health and human
13services, shall select existing tools or assessments that may
14be used by qualified educators to assess American sign language
15and English language and literacy development of deaf and
16hard-of-hearing children from birth through age eight.
17 Sec. 997. Section 256B.10, subsection 5, paragraph b, Code
182023, is amended to read as follows:
19b. The department of education shall work with the early
20hearing detection and intervention program in the Iowa
21 department of public health and human services, the state
22school for the deaf, and the area education agencies when
23developing the guidelines. The department of education,
24in consultation with the Iowa school for the deaf, shall
25administer the family support mentoring program for deaf or
26hard-of-hearing children.
27 Sec. 998. Section 256B.10, subsection 5, paragraph d,
28subparagraph (5), Code 2023, is amended to read as follows:
29(5) Reach out to parents of children identified through
30the early hearing detection and intervention program in the
31Iowa department of public health and human services and share
32information about the family support mentoring program services
33available to such parents.
34 Sec. 999. Section 256B.10, subsection 5, paragraph e, Code
352023, is amended to read as follows:
-718- 1e. The department of education shall coordinate family
2support mentoring activities with the early hearing detection
3and intervention program in the Iowa department of public
4 health and human services, the state school for the deaf, the
5area education agencies, and nonprofit organizations that
6provide family support mentoring to parents with deaf or
7hard-of-hearing children.
8 Sec. 1000. Section 256B.15, subsections 7, 9, and 10, Code
92023, are amended to read as follows:
107. The area education agencies shall transfer to the
11department of health and human services an amount equal to
12the nonfederal share of the payments to be received from the
13medical assistance program pursuant to chapter 249A. The
14nonfederal share amount shall be transferred to the medical
15assistance account prior to claims payment. This requirement
16does not apply to medical assistance reimbursement for
17services provided by an area education agency under part C
18of the federal Individuals With Disabilities Education Act.
19Funds received under this section shall not be considered or
20included as part of the area education agencies’ budgets when
21calculating funds that are to be received by area education
22agencies during a fiscal year.
239. The department of education and the department of health
24and human services shall adopt rules to implement this section.
2510. The department of health and human services shall offer
26assistance to the area education agencies in the identification
27of children eligible for reimbursement for services under this
28section.
29 Sec. 1001. Section 256I.1, Code 2023, is amended to read as
30follows:
31256I.1 Definitions.
32For the purposes of this chapter, unless the context
33otherwise requires:
341. “Department” means the department of management health
35and human services.
-719- 12. “Desired results” means the set of desired results for
2improving the quality of life in this state for young children
3and their families identified in section 256I.2.
43. “Early care”, “early care services”, or “early care
5system” means the programs, services, support, or other
6assistance made available to a parent or other person who is
7involved with addressing the health and education needs of a
8child from zero through age five. “Early care”, “early care
9services”, or “early care system” includes but is not limited to
10public and private efforts and formal and informal settings.
114. “Early childhood Iowa area” means a geographic area
12designated in accordance with this chapter.
135. “Early childhood Iowa area board” or “area board”
14means the board for an early childhood Iowa area created in
15accordance with this chapter.
166. “Early childhood Iowa program” or “program” means the
17early childhood Iowa program established in section 256I.5.
186. 7. “Early childhood Iowa state board” or “state board”
19means the early childhood Iowa state board created in section
20256I.3.
21 Sec. 1002. Section 256I.3, subsection 2, paragraph a, Code
222023, is amended to read as follows:
23a. The board shall consist of twenty-one nineteen voting
24members with fifteen citizen members and six four state agency
25members. The six state agency members shall be the directors
26or their designees of the following agencies: economic
27development authority, education, human rights, health and
28 human services, public health, and workforce development.
29The designees of state agency directors shall be selected on
30an annual basis. The citizen members shall be appointed by
31the governor, subject to confirmation by the senate. The
32governor’s appointments of citizen members shall be made in
33a manner so that each of the state’s congressional districts
34is represented by at least two citizen members and so that
35all the appointments as a whole reflect the ethnic, cultural,
-720-1social, and economic diversity of the state. A member of the
2state board shall not be a provider of services or other entity
3receiving funding through the early childhood Iowa initiative
4or be employed by such a provider or other entity.
5 Sec. 1003. Section 256I.4, subsection 15, Code 2023, is
6amended to read as follows:
715. Work with the early childhood Iowa office program
8 in building public-private partnerships for promoting the
9collaborative early care, education, health, and human services
10system.
11 Sec. 1004. Section 256I.5, subsection 2, Code 2023, is
12amended to read as follows:
132. An early childhood Iowa office program is established
14in the department to provide leadership for facilitation,
15communication, and coordination for the early childhood Iowa
16initiative activities and funding and for improvement of the
17early care, education, health, and human services systems. An
18administrator for the early childhood Iowa office program shall
19be appointed by the director of the department. Other staff
20may also be designated, subject to appropriation made for this
21purpose.
22 Sec. 1005. Section 256I.5, subsection 4, Code 2023, is
23amended to read as follows:
244. The office program shall work with the state and
25area boards to provide leadership for comprehensive system
26development. The office program shall also do all of the
27following:
28a. Enter into memoranda of agreement with the departments
29of education, human rights, human services, public health, and
30workforce development and the economic development authority to
31formalize the commitments of the respective departments and the
32authority to collaborating with and integrating a comprehensive
33early care, education, health, and human services system.
34Items addressed in the memoranda shall include but are not
35limited to data sharing and providing staffing to the technical
-721-1assistance team.
2b. Work with private businesses, foundations, and nonprofit
3organizations to develop sustained funding.
4c. Maintain the internet site in accordance with section
5256I.10.
6d. Propose any needed revisions to administrative rules
7based on stakeholder input.
8e. Provide technical support to the state and area boards
9and to the early childhood Iowa areas through staffing services
10made available through the state agencies that serve on the
11state board.
12f. Develop, collect, disseminate, and provide guidance for
13common performance measures for the programs receiving funding
14under the auspices of the area boards.
15g. If a disagreement arises within an early childhood Iowa
16area regarding the interests represented on the area’s board,
17board decisions, or other disputes that cannot be locally
18resolved, upon request, provide state or regional technical
19assistance as deemed appropriate by the office program to
20assist the area in resolving the disagreement.
21 Sec. 1006. Section 256I.11, subsection 2, unnumbered
22paragraph 1, Code 2023, is amended to read as follows:
23A school ready children grants account is created in the
24fund under the authority of the director of the department of
25education. Moneys credited to the account are appropriated
26to and shall be distributed by the department of education in
27the form of grants to early childhood Iowa areas pursuant to
28criteria established by the state board in accordance with law.
29 Sec. 1007. Section 256I.11, subsection 4, paragraphs a, b,
30and c, Code 2023, are amended to read as follows:
31a. An early childhood programs grant account is created in
32the fund under the authority of the director of the department
33of human services. Moneys credited to the account are
34appropriated to and shall be distributed by the department of
35human services in the form of grants to early childhood Iowa
-722-1areas pursuant to criteria established by the state board in
2accordance with law. The criteria shall include but are not
3limited to a requirement that an early childhood Iowa area must
4be designated by the state board in order to be eligible to
5receive an early childhood programs grant.
6b. An early childhood Iowa area receiving funding from
7the early childhood programs grant account shall comply with
8any federal reporting requirements associated with the use
9of that funding and other results and reporting requirements
10established by the state board. The department of human
11services shall provide technical assistance in identifying and
12meeting the federal requirements. The availability of funding
13provided from the account is subject to changes in federal
14requirements and amendments to Iowa law.
15c. The moneys distributed from the early childhood programs
16grant account shall be used by early childhood Iowa areas
17for the purposes of enhancing quality child care capacity in
18support of parent capability to obtain or retain employment.
19The moneys shall be used with a primary emphasis on low-income
20families and children from zero to age five. Moneys shall be
21provided in a flexible manner and shall be used to implement
22strategies identified by the early childhood Iowa area to
23achieve such purposes. The department of human services may
24use a portion of the funding appropriated to the department
25under this subsection for provision of technical assistance and
26other support to the early childhood Iowa areas developing and
27implementing strategies with grant moneys distributed from the
28account.
29 Sec. 1008. Section 256I.11, subsection 5, Code 2023, is
30amended to read as follows:
315. A first years first account is created in the fund under
32the authority of the department of management. The account
33shall consist of gift or grant moneys obtained from any source,
34including but not limited to the federal government. Moneys
35credited to the account are appropriated to the department to
-723-1be used for the early childhood-related purposes for which the
2moneys were received.
3 Sec. 1009. Section 256I.12, subsections 6 and 7, Code 2023,
4are amended to read as follows:
56. Steering committee. The early childhood stakeholders
6alliance shall operate with a steering committee to organize,
7manage, and coordinate the activities of the alliance and its
8component groups. The steering committee may act on behalf of
9the alliance as necessary. The steering committee membership
10shall consist of the co-chairpersons of the alliance’s
11component groups, the administrator of the early childhood Iowa
12office program, and other leaders designated by the alliance.
137. Component groups. The early childhood stakeholders
14alliance shall maintain component groups to address the
15key components of the Iowa early childhood system. Each
16component group shall have one private and one public agency
17co-chairperson. The alliance may change the component groups
18as deemed necessary by the alliance. Initially, there shall
19be a component group for each of the following: The component
20groups shall implement the strategic plan created pursuant to
21section 256I.4.
22a. Governance planning and administration.
23b. Professional development.
24c. Public engagement.
25d. Quality services and programs.
26e. Resources and funding.
27f. Results accountability.
28 Sec. 1010. Section 256I.13, subsection 1, Code 2023, is
29amended to read as follows:
301. In order to implement the legislative intent stated in
31sections 135.106 and 256I.9, that priority for family support
32program funding be given to programs using evidence-based or
33promising models for family support, it is the intent of the
34general assembly that by July 1, 2016, ninety percent of state
35funds expended for family support programs shall be used for
-724-1evidence-based or promising program models. The remaining ten
2percent of funds may be used for innovative program models that
3do not yet meet the definition of evidence-based or promising
4programs.
5 Sec. 1011. Section 256I.13, subsection 3, paragraphs b and
6e, Code 2023, are amended to read as follows:
7b. The data on families served that is collected by the
8family support programs funded through the early childhood
9Iowa initiative shall include but is not limited to basic
10demographic information, services received, funding utilized,
11and program outcomes for the children and families served. The
12state board shall adopt performance benchmarks for the family
13support programs and shall revise the Iowa family support
14credential to incorporate the performance benchmarks on or
15before January 1, 2014.
16e. The state board shall develop a plan to implement a
17coordinated intake and referral process for publicly funded
18family support programs in order to engage the families
19expecting a child or with newborn and infant children through
20age five in all communities in the state by July 1, 2015.
21 Sec. 1012. Section 257.11, subsection 4, paragraph e,
22subparagraphs (2) and (3), Code 2023, are amended to read as
23follows:
24(2) The pupil is not in a court-ordered placement under
25chapter 232 under the care and custody of the department of
26health and human services or juvenile court services.
27(3) The pupil is not in the state training school pursuant
28to a court order entered under chapter 232 under the care and
29custody of the department of health and human services.
30 Sec. 1013. Section 257.41, subsection 4, paragraphs b and c,
31Code 2023, are amended to read as follows:
32b. The student is not in a court-ordered placement under
33chapter 232 under the care and custody of the department of
34health and human services or juvenile court services.
35c. The student is not in the state training school pursuant
-725-1to a court order entered under chapter 232 under the care and
2custody of the department of health and human services.
3 Sec. 1014. Section 260C.40, Code 2023, is amended to read
4as follows:
5260C.40 Prohibition of controlled substances.
6Each community college shall adopt a policy that prohibits
7unlawful possession, use, or distribution of controlled
8substances by students and employees on property owned
9or leased by the community college or in conjunction with
10activities sponsored by a community college. Each community
11college shall provide information about the policy to all
12students and employees. The policy shall include a clear
13statement of sanctions for violation of the policy and
14information about available drug or alcohol counseling and
15rehabilitation programs. In carrying out this policy, the
16community college shall provide substance abuse use disorder
17 prevention programs for students and employees.
18 Sec. 1015. Section 261.2, subsection 6, Code 2023, is
19amended to read as follows:
206. Develop and implement, in cooperation with the
21department of health and human services and the judicial
22branch, a program to assist juveniles who are sixteen years of
23age or older and who have a case permanency plan under chapter
24232 or 237 or are otherwise under the jurisdiction of chapter
25232 in applying for federal and state aid available for higher
26education.
27 Sec. 1016. Section 261.9, subsection 1, paragraph e, Code
282023, is amended to read as follows:
29e. Adopts a policy that prohibits unlawful possession,
30use, or distribution of controlled substances by students and
31employees on property owned or leased by the institution or
32in conjunction with activities sponsored by the institution.
33Each institution shall provide information about the policy
34to all students and employees. The policy shall include a
35clear statement of sanctions for violation of the policy
-726-1and information about available drug or alcohol counseling
2and rehabilitation programs. In carrying out this policy,
3an institution shall provide substance abuse use disorder
4 prevention programs for students and employees.
5 Sec. 1017. Section 261.71, subsection 3, Code 2023, is
6amended to read as follows:
73. For purposes of this section “graduate student” means
8a student who has completed at least ninety semester hours,
9or the trimester or quarter equivalent, of postsecondary
10course work at a public higher education institution or at an
11accredited private institution, as defined under section 261.9.
12“Underserved area” means a geographical area included on the
13Iowa governor’s health practitioner shortage area list, which
14is compiled by the center for rural health and primary care
15of the Iowa department of public health and human services.
16The commission shall adopt rules, consistent with rules used
17for students enrolled in higher education institutions under
18the control of the state board of regents, for purposes of
19determining Iowa residency status of graduate students under
20this section. The commission shall also adopt rules which
21provide standards, guidelines, and procedures for the receipt,
22processing, and administration of student applications and
23loans under this section.
24 Sec. 1018. Section 261.87, subsection 1, paragraph b, Code
252023, is amended to read as follows:
26b. “Eligible foster care student” means a person who has a
27high school diploma or a high school equivalency diploma under
28chapter 259A and is described by any of the following:
29(1) Is age seventeen and is in a court-ordered placement
30under chapter 232 under the care and custody of the department
31of health and human services or juvenile court services.
32(2) Is age seventeen and has been placed in a state juvenile
33institution pursuant to a court order entered under chapter
34232 under the care and custody of the department of health and
35 human services.
-727- 1(3) Is described by any of the following:
2(a) On the date the person reached age eighteen or during
3the thirty calendar days preceding or succeeding that date,
4the person was in a licensed foster care placement pursuant
5to a court order entered under chapter 232 under the care and
6custody of the department of health and human services or
7juvenile court services.
8(b) On the date the person reached age eighteen or during
9the thirty calendar days preceding or succeeding that date, the
10person was under a court order under chapter 232 to live with a
11relative or other suitable person.
12(c) The person was in a licensed foster care placement
13pursuant to an order entered under chapter 232 prior to being
14legally adopted after reaching age sixteen.
15(d) On the date the person reached age eighteen or during
16the thirty calendar days preceding or succeeding that date,
17the person was placed in a state juvenile institution pursuant
18to a court order entered under chapter 232 under the care and
19custody of the department of health and human services.
20 Sec. 1019. Section 262.9A, Code 2023, is amended to read as
21follows:
22262.9A Prohibition of controlled substances.
23The state board of regents shall adopt a policy that
24prohibits unlawful possession, use, or distribution of
25controlled substances by students and employees on property
26owned or leased by an institution or in conjunction with
27activities sponsored by an institution governed by the board.
28Each institution shall provide information about the policy
29to all students and employees. The policy shall include a
30clear statement of sanctions for violation of the policy
31and information about available drug or alcohol counseling
32and rehabilitation programs. In carrying out this policy,
33the institutions shall provide substance abuse use disorder
34 prevention programs for students and employees.
35 Sec. 1020. Section 262.70, Code 2023, is amended to read as
-728-1follows:
2262.70 Education, prevention, and research programs in mental
3health and disability services.
4The division of mental health and disability services of
5the department of health and human services may contract with
6the board of regents or any institution under the board’s
7jurisdiction to establish and maintain programs of education,
8prevention, and research in the fields of mental health,
9intellectual disability, developmental disabilities, and
10brain injury. The board may delegate responsibility for these
11programs to the state psychiatric hospital, the university
12hospital, or any other appropriate entity under the board’s
13jurisdiction.
14 Sec. 1021. Section 262.71, Code 2023, is amended to read as
15follows:
16262.71 Center for early development education.
17The board of regents shall develop a center for early
18development education at one of the regents institutions
19specified in section 262.7, subsections 1 through 3. The
20center’s programs shall be conducted in a laboratory school
21setting to serve as a model for early childhood education.
22The programs shall include, but not be limited to, programs
23designed to accommodate the needs of at-risk children. The
24teacher education programs at all three state universities
25shall cooperate in developing the center and its programs. The
26center’s programs shall take a holistic approach and the center
27shall, in developing its programs, consult with representatives
28from each of the following agencies, institutions, or groups:
291. The university of northern Iowa.
302. Iowa state university.
313. The university of Iowa.
324. The division of child and family services of the
33department of human services.
345. The department of public health.
356. 4. The department of health and human services.
-729- 17. 5. An early childhood development specialist from an
2area education agency.
38. 6. A parent of a child in a head start program.
49. 7. The department of education.
510. 8. The child development coordinating council.
6 Sec. 1022. Section 262.78, subsections 2 and 3, Code 2023,
7are amended to read as follows:
82. The center shall cooperate with the center for rural
9health and primary care, established under department of health
10and human services pursuant to section 135.107, the center
11for health effects of environmental contamination established
12pursuant to section 263.17, and the department of agriculture
13and land stewardship. The agencies shall coordinate programs
14to the extent practicable.
153. The president of the university of Iowa, in consultation
16with the president of Iowa state university of science and
17technology, shall employ a full-time director of the center.
18The center may employ staff to carry out the center’s purpose.
19The director shall coordinate the agricultural health and
20safety programs of the center. The director shall regularly
21meet and consult with the center for rural health and primary
22care department of health and human services pursuant to
23section 135.107. The director shall provide the board of
24regents with relevant information regarding the center.
25 Sec. 1023. Section 263.8, subsection 2, Code 2023, is
26amended to read as follows:
272. In addition to its regular work, the state hygienic
28laboratory shall perform without charge all bacteriological,
29serological, and epidemiological examinations and
30investigations which may be required by the Iowa department of
31public health and human services and the department shall adopt
32rules pursuant to chapter 17A therefor for the examinations
33and investigations. The laboratory shall also provide, those
34laboratory, scientific field measurement, and environmental
35quality services which, by contract, are requested by the other
-730-1agencies of government.
2 Sec. 1024. Section 263.10, Code 2023, is amended to read as
3follows:
4263.10 Persons admitted.
5Every resident of the state who is not more than twenty-one
6years of age, who has such severe disabilities as to be unable
7to acquire an education in the public or accredited nonpublic
8schools, and every such person who is twenty-one and under
9thirty-five years of age who has the consent of the state board
10of regents, shall be entitled to receive an education, care,
11and training in the university of Iowa hospitals and clinics
12center for disabilities and development, and nonresidents
13similarly situated may be entitled to an education and care at
14the center upon such terms as may be fixed by the state board
15of regents. The fee for nonresidents shall be not less than
16the average expense of resident pupils and shall be paid in
17advance. Residents and persons under the care and control of a
18director of a division of the department of health and human
19services who have severe disabilities may be transferred to the
20center upon such terms as may be agreed upon by the state board
21of regents and the director of health and human services.
22 Sec. 1025. Section 263.17, subsection 2, paragraph a,
23subparagraph (10), Code 2023, is amended to read as follows:
24(10) The Iowa department of public health and human
25services.
26 Sec. 1026. Section 263.17, subsection 7, Code 2023, is
27amended to read as follows:
287. The center shall cooperate with the center for rural
29health and primary care, established under department of
30health and human services pursuant to section 135.107, the
31center for agricultural safety and health established under
32section 262.78, and the department of agriculture and land
33stewardship. The agencies shall coordinate programs to the
34extent practicable.
35 Sec. 1027. Section 263.21, Code 2023, is amended to read as
-731-1follows:
2263.21 Transfer of patients from state institutions.
3The director of the department of health and human services,
4in respect to institutions under the director’s control, the
5administrator of any of the divisions of the department, in
6respect to the institutions under the administrator’s control,
7 the director of the department of corrections, in respect to
8the institutions under the department’s control, and the state
9board of regents, in respect to the Iowa braille and sight
10saving school and the Iowa school for the deaf, may send any
11inmate, student, or patient of an institution, or any person
12committed or applying for admission to an institution, to
13the university of Iowa hospitals and clinics for treatment
14and care. The department of health and human services, the
15department of corrections, and the state board of regents shall
16respectively pay the traveling expenses of such patient, and
17when necessary the traveling expenses of an attendant for
18the patient, out of funds appropriated for the use of the
19institution from which the patient is sent.
20 Sec. 1028. Section 263B.7, Code 2023, is amended to read as
21follows:
22263B.7 Ancient remains.
23The state archaeologist has the primary responsibility
24for investigating, preserving, and reinterring discoveries
25of ancient human remains. For the purposes of this section,
26ancient human remains are those remains found within the state
27which are more than one hundred fifty years old. The state
28archaeologist shall make arrangements for the services of a
29forensic osteologist in studying and interpreting ancient
30burials and may designate other qualified archaeologists to
31assist the state archaeologist in recovering physical and
32cultural information about the ancient burials. The state
33archaeologist shall file with the Iowa department of public
34 health and human services a written report containing both
35physical and cultural information regarding the remains at the
-732-1conclusion of each investigation.
2 Sec. 1029. Section 272C.1, subsection 6, paragraph ad, Code
32023, is amended to read as follows:
4ad. The director of public health and human services in
5certifying emergency medical care providers and emergency
6medical care services pursuant to chapter 147A.
7 Sec. 1030. Section 272C.3, subsection 1, paragraph k, Code
82023, is amended to read as follows:
9k. Establish a licensee review committee for the purpose
10of evaluating and monitoring licensees who are impaired as
11a result of alcohol or drug abuse substance use disorder,
12dependency, or addiction, or by any mental or physical disorder
13or disability, and who self-report the impairment to the
14committee, or who are referred by the board to the committee.
15Members of the committee shall receive actual expenses for the
16performance of their duties and shall be eligible to receive
17per diem compensation pursuant to section 7E.6. The board
18shall adopt rules for the establishment and administration of
19the committee, including but not limited to establishment of
20the criteria for eligibility for referral to the committee and
21the grounds for disciplinary action for noncompliance with
22committee decisions. Information in the possession of the
23board or the licensee review committee, under this paragraph,
24shall be subject to the confidentiality requirements of section
25272C.6. Referral of a licensee by the board to a licensee
26review committee shall not relieve the board of any duties
27of the board and shall not divest the board of any authority
28or jurisdiction otherwise provided. A licensee who violates
29section 272C.10 or the rules of the board while under review by
30the licensee review committee shall be referred to the board
31for appropriate action.
32 Sec. 1031. Section 272C.6, subsection 6, paragraph b, Code
332023, is amended to read as follows:
34b. The department of agriculture and land stewardship, the
35department of commerce insurance and financial services, the
-733-1department of inspections, appeals, and licensing, and the Iowa
2 department of public health and human services shall each adopt
3rules pursuant to chapter 17A which provide for the allocation
4of fees and costs collected pursuant to this section to the
5board under its jurisdiction collecting the fees and costs.
6The fees and costs shall be considered repayment receipts as
7defined in section 8.2.
8 Sec. 1032. Section 279.49, subsections 1 and 3, Code 2023,
9are amended to read as follows:
101. The board of directors of a school corporation may
11operate or contract for the operation of a program to provide
12child care to children not enrolled in school or to students
13enrolled in kindergarten through grade six before and after
14school, or to both. Programs operated or contracted by a
15board shall be licensed by the department of health and human
16services under chapter 237A as a child care center unless
17the program is exempt from licensure under chapter 237A.
18Notwithstanding requirements of the department of health and
19 human services regarding space allocated to child care centers
20licensed under chapter 237A, a program operated or contracted
21by a board which is located on school grounds may define
22alternative spaces, in policy and procedures, appropriate to
23meet the needs of children in the program if the primary space
24is required for another use.
253. The facilities housing a program operated under this
26section shall comply with standards adopted by the state fire
27marshal for school buildings under chapter 100. In addition,
28if a program involves children who are younger than school
29age, the facilities housing those children shall meet the fire
30safety standards which would apply to that age of child in a
31child care facility licensed by the department of health and
32 human services.
33 Sec. 1033. Section 279.50, subsection 8, Code 2023, is
34amended to read as follows:
358. The department of education shall identify and
-734-1disseminate information about early intervention programs
2for students who are at the greatest risk of suffering from
3the problem of dropping out of school, substance abuse use
4disorder, adolescent pregnancy, or suicide.
5 Sec. 1034. Section 279.60, subsection 2, Code 2023, is
6amended to read as follows:
72. The school district shall also collect information from
8each parent, guardian, or legal custodian of a kindergarten
9student enrolled in the district on whether the student
10attended preschool. Each school district shall report the
11preschool information collected to the department of education
12in the manner prescribed by the department not later than
13January 1 of that school year. The early childhood Iowa office
14 program in the department of management health and human
15services shall have access to the raw data. The department of
16education shall review the information submitted pursuant to
17this section and shall submit its findings and recommendations
18annually in a report to the governor, the general assembly, the
19early childhood Iowa state board, and the early childhood Iowa
20area boards.
21 Sec. 1035. Section 279.76, subsection 3, paragraph a, Code
222023, is amended to read as follows:
23a. “Emergent care situation” means a sudden or unforeseen
24occurrence or onset of a medical or behavioral condition that
25could result in serious injury or harm to a student or others
26in the event immediate medical attention is not provided.
27“Emergent care situation” includes the need to screen a student
28or others for symptoms or exposures during an outbreak or
29public health event of concern as designated by the department
30of public health and human services.
31 Sec. 1036. Section 280.13C, subsection 3, paragraph a, Code
322023, is amended to read as follows:
33a. The department of public health and human services, the
34 Iowa high school athletic association, and the Iowa girls high
35school athletic union shall work together to develop training
-735-1materials and courses regarding concussions and brain injuries,
2including training regarding evaluation, prevention, symptoms,
3risks, and long-term effects of concussions and brain injuries.
4Each coach or contest official shall complete such training at
5least every two years.
6 Sec. 1037. Section 280.13C, subsection 4, Code 2023, is
7amended to read as follows:
84. Guidelines and information sheet.
9a. The department of public health and human services, the
10 Iowa high school athletic association, and the Iowa girls high
11school athletic union shall work together to distribute the
12guidelines of the centers for disease control and prevention
13of the United States department of health and human services
14and other pertinent information to inform and educate coaches,
15students, and the parents and guardians of students of the
16risks, signs, symptoms, and behaviors consistent with a
17concussion or brain injury, including the danger of continuing
18to participate in extracurricular interscholastic activities
19after suffering a concussion or brain injury and their
20responsibility to report such signs, symptoms, and behaviors
21if they occur.
22b. For school years beginning on or after July 1, 2018,
23each school district and nonpublic school shall provide to the
24parent or guardian of each student in grades seven through
25twelve a concussion and brain injury information sheet,
26as provided by the department of public health and human
27services, the Iowa high school athletic association, and the
28Iowa girls high school athletic union. The student and the
29student’s parent or guardian shall sign and return a copy
30of the concussion and brain injury information sheet to the
31student’s school prior to the student’s participation in any
32extracurricular interscholastic activity.
33 Sec. 1038. Section 280.13C, subsection 6, paragraph a, Code
342023, is amended to read as follows:
35a. The department of public health and human services, in
-736-1cooperation with the Iowa high school athletic association
2and the Iowa girls high school athletic union, shall develop
3a return-to-play protocol based on peer-reviewed scientific
4evidence consistent with the guidelines of the centers for
5disease control and prevention of the United States department
6of health and human services, for a student’s return to
7participation in any extracurricular interscholastic activity
8after showing signs, symptoms, or behaviors consistent with a
9concussion or brain injury. The department of public health
10and human services shall adopt the return-to-play protocol
11by rule pursuant to chapter 17A. The board of directors
12of each school district and the authorities in charge of
13each accredited nonpublic school with enrolled students who
14participate in an extracurricular interscholastic activity
15which is a contest in grades seven through twelve shall adopt
16such protocol by July 1, 2019.
17 Sec. 1039. Section 280.16, subsection 1, paragraph a, Code
182023, is amended to read as follows:
19a. “Bronchodilator” means a bronchodilator as recommended
20by the department of public health and human services for
21treatment of a student’s respiratory distress, asthma, or other
22airway constricting disease.
23 Sec. 1040. Section 280.16, subsection 7, Code 2023, is
24amended to read as follows:
257. The Iowa braille and sight saving school, the Iowa school
26for the deaf, and the institutions under the control of the
27department of health and human services as provided in section
28218.1 are exempt from the provisions of this section.
29 Sec. 1041. Section 280.17, subsection 1, Code 2023, is
30amended to read as follows:
311. The board of directors of a school district and the
32authorities in charge of a nonpublic school shall prescribe
33procedures, in accordance with the guidelines contained in
34the model policy developed by the department of education in
35consultation with the department of health and human services,
-737-1and adopted by the department of education pursuant to chapter
217A, for the handling of reports of child abuse, as defined in
3section 232.68, subsection 2, paragraph “a”, subparagraph (1),
4(3), or (5), alleged to have been committed by an employee or
5agent of the public or nonpublic school.
6 Sec. 1042. Section 280.25, subsection 1, Code 2023, is
7amended to read as follows:
81. The board of directors of each public school and the
9authorities in charge of each accredited nonpublic school
10shall adopt a policy and the superintendent of each public
11school shall adopt rules which provide that the school
12district or school may share information contained within a
13student’s permanent record pursuant to an interagency agreement
14with state and local agencies that are part of the juvenile
15justice system. These agencies include, but are not limited
16to, juvenile court services, the department of health and
17 human services, and local law enforcement authorities. The
18disclosure of information shall be directly related to the
19juvenile justice system’s ability to effectively serve, prior
20to adjudication, the student whose records are being released.
21 Sec. 1043. Section 280.29, subsection 1, paragraph e, Code
222023, is amended to read as follows:
23e. Enter into a memorandum of understanding with the
24department of health and human services regarding the exchange
25of information as appropriate to facilitate the enrollment
26transition of children adjudicated under chapter 232 or
27receiving foster care services from one school to another
28school.
29 Sec. 1044. Section 280.32, subsections 3 and 6, Code 2023,
30are amended to read as follows:
313. Radon testing pursuant to this section conducted on and
32after July 1, 2022, shall be conducted by a person certified
33to conduct such testing pursuant to section 136B.1 or by
34district employees that have completed a school radon testing
35training program approved by the department of education and
-738-1the department of public health and human services. District
2employees that have completed training shall not perform
3testing services in locations other than the employee’s
4employing district. The department of public health and human
5services shall maintain and make available to school districts
6a list of such approved school radon testing training programs.
7Testing shall be based on recognized national standards that
8outline school radon testing practices.
96. In consultation with appropriate stakeholders and the
10department of education, the department of public health and
11human services shall adopt rules to administer this section.
12 Sec. 1045. Section 280A.1, subsection 3, Code 2023, is
13amended to read as follows:
143. “Behavioral health screening” or “screening” means a
15screening and assessment performed using a universal behavioral
16health screening and assessment tool, approved for use by the
17department of education in consultation with the department of
18public health and the department of human services, to identify
19factors that place children at higher risk for behavioral
20health conditions, to determine appropriate treatment or
21intervention, and to identify the need for referral for
22appropriate services.
23 Sec. 1046. Section 282.18, subsection 7, paragraph b, Code
242023, is amended to read as follows:
25b. If a request to transfer is due to a change in family
26residence, a change in a child’s residence from the residence
27of one parent or guardian to the residence of a different
28parent or guardian, a change in the state in which the family
29residence is located, a change in a child’s parents’ marital
30status, a guardianship proceeding, placement in foster care,
31adoption, participation in a foreign exchange program, or
32participation in a substance abuse use disorder or mental
33health treatment program, and the child who is the subject of
34the request is enrolled in any grade from kindergarten through
35grade twelve or who is a prekindergarten student enrolled in a
-739-1special education program at the time of the request and is not
2currently using any provision of open enrollment, the parent or
3guardian of the child shall have the option to have the child
4remain in the child’s original district of residence under open
5enrollment with no interruption in the child’s educational
6program. If a parent or guardian exercises this option, the
7child’s new district of residence is not required to pay the
8amount calculated in subsection 5 or 6, as applicable, until
9the start of the first full year of enrollment of the child.
10 Sec. 1047. Section 282.18, subsection 9, paragraph a,
11subparagraph (8), Code 2023, is amended to read as follows:
12(8) If the pupil participates in open enrollment because
13of circumstances that meet the definition of good cause. For
14purposes of this subparagraph, “good cause” means a change in a
15child’s residence due to a change in family residence, a change
16in a child’s residence from the residence of one parent or
17guardian to the residence of a different parent or guardian, a
18change in the state in which the family residence is located,
19a change in a child’s parents’ marital status, a guardianship
20or custody proceeding, placement in foster care, adoption,
21participation in a foreign exchange program, initial placement
22of a prekindergarten student in a special education program
23requiring specially designed instruction, or participation
24in a substance abuse use disorder or mental health treatment
25program, a change in the status of a child’s resident district
26such as removal of accreditation by the state board, surrender
27of accreditation, or permanent closure of a nonpublic school,
28revocation of a charter school contract as provided in section
29256E.10 or 256F.8, the failure of negotiations for a whole
30grade sharing, reorganization, dissolution agreement, or the
31rejection of a current whole grade sharing agreement, or
32reorganization plan.
33 Sec. 1048. Section 282.19, Code 2023, is amended to read as
34follows:
35282.19 Child living in substance abuse use disorder or foster
-740-1care placement.
21. A child who is living in a facility that provides
3residential treatment as “facility” is defined in section
4125.2, which is located in a school district other than the
5school district in which the child resided before entering the
6facility may enroll in and attend an accredited school in the
7school district in which the child is living.
82. A child who is living in a licensed individual or agency
9child foster care facility, as defined in section 237.1, or
10in an unlicensed relative foster care placement, shall remain
11enrolled in and attend an accredited school in the school
12district in which the child resided and is enrolled at the
13time of placement, unless it is determined by the juvenile
14court or the public or private agency of this state that has
15responsibility for the child’s placement that remaining in such
16school is not in the best interests of the child. If such
17a determination is made, the child may attend an accredited
18school located in the school district in which the child is
19living and not in the school district in which the child
20resided prior to receiving foster care.
213. The instructional costs for students who do not require
22special education shall be paid as provided in section 282.31,
23subsection 1, paragraph “b”, or for students who require
24special education shall be paid as provided in section 282.31,
25subsection 2 or 3.
26 Sec. 1049. Section 282.27, subsection 3, paragraph b, Code
272023, is amended to read as follows:
28b. The child is not placed by the department of health and
29 human services or a court in a day program treatment program in
30such psychiatric unit or institution.
31 Sec. 1050. Section 282.27, subsection 4, paragraph b, Code
322023, is amended to read as follows:
33b. The child is not placed by the department of health and
34 human services or a court in a day program treatment program in
35such psychiatric unit or institution.
-741-1 Sec. 1051. Section 282.33, subsection 1, Code 2023, is
2amended to read as follows:
31. A child who resides in an institution for children
4under the jurisdiction of the director of health and human
5services referred to in section 218.1, subsection 3, 4, or
6 5, or 6, and who is not enrolled in the educational program
7of the district of residence of the child, shall receive
8appropriate educational services. The institution in which
9the child resides shall submit a proposed program and budget
10based on the average daily attendance of the children residing
11in the institution to the department of education and the
12department of health and human services by January 1 for the
13next succeeding school year. The department of education shall
14review and approve or modify the proposed program and budget
15and shall notify the department of administrative services of
16its action by February 1. The department of administrative
17services shall pay the approved budget amount to the department
18of health and human services in monthly installments beginning
19September 15 and ending June 15 of the next succeeding school
20year. The installments shall be as nearly equal as possible as
21determined by the department of administrative services, taking
22into consideration the relative budget and cash position of the
23state’s resources. The department of administrative services
24shall pay the approved budget amount for the department
25of health and human services from the moneys appropriated
26under section 257.16 and the department of health and human
27services shall distribute the payment to the institution. The
28institution shall submit an accounting for the actual cost of
29the program to the department of education by August 1 of the
30following school year. The department shall review and approve
31or modify all expenditures incurred in compliance with the
32guidelines adopted pursuant to section 256.7, subsection 10,
33and shall notify the department of administrative services of
34the approved accounting amount. The approved accounting amount
35shall be compared with any amounts paid by the department of
-742-1administrative services to the department of health and human
2services and any differences added to or subtracted from the
3October payment made under this subsection for the next school
4year. Any amount paid by the department of administrative
5services shall be deducted monthly from the state foundation
6aid paid under section 257.16 to all school districts in the
7state during the subsequent fiscal year. The portion of the
8total amount of the approved budget that shall be deducted from
9the state aid of a school district shall be the same as the
10ratio that the budget enrollment for the budget year of the
11school district bears to the total budget enrollment in the
12state for that budget year in which the deduction is made.
13 Sec. 1052. Section 283A.2, subsection 3, Code 2023, is
14amended to read as follows:
153. Each school district that operates or provides for
16a school breakfast or lunch program shall provide for the
17forwarding of information from the applications for the school
18breakfast or lunch program, for which federal funding is
19provided, to identify children for enrollment in the medical
20assistance program pursuant to chapter 249A or the healthy
21and well kids in Iowa program pursuant to chapter 514I to the
22department of health and human services.
23 Sec. 1053. Section 285.1, subsection 1, paragraph a,
24subparagraph (3), Code 2023, is amended to read as follows:
25(3) Children attending prekindergarten programs offered or
26sponsored by the district or nonpublic school and approved by
27the department of education or department of health and human
28services or children participating in preschool in an approved
29local program under chapter 256C may be provided transportation
30services. However, transportation services provided to
31nonpublic school children are not eligible for reimbursement
32under this chapter.
33 Sec. 1054. Section 303.3C, subsection 1, paragraph a, Code
342023, is amended to read as follows:
35a. The department of cultural affairs shall establish
-743-1and administer an Iowa great places program for purposes
2of combining resources of state government in an effort to
3showcase the unique and authentic qualities of communities,
4regions, neighborhoods, and districts that make such places
5exceptional places to work and live. The department of
6cultural affairs shall provide administrative assistance to
7the Iowa great places board. The department of cultural
8affairs shall coordinate the efforts of the Iowa great places
9board with the efforts of state agencies participating in
10the program which shall include, but not be limited to, the
11economic development authority, the Iowa finance authority, the
12department of health and human rights services, the department
13of natural resources, the state department of transportation,
14and the department of workforce development.
15 Sec. 1055. Section 307.24, subsection 5, paragraph b, Code
162023, is amended to read as follows:
17b. For department of health and human services facility
18roads, six and one-half percent.
19 Sec. 1056. Section 321.1, subsection 8, paragraph g, Code
202023, is amended to read as follows:
21g. If authorized to transport patients or clients by the
22director of the department of health and human services or the
23director’s designee, an employee of the department of health
24and human services is not a chauffeur when transporting the
25patients or clients in an automobile.
26 Sec. 1057. Section 321.19, subsection 1, paragraph c,
27subparagraph (3), Code 2023, is amended to read as follows:
28(3) Persons in the department of justice, the alcoholic
29beverages division of the department of commerce, disease
30investigators of the Iowa department of public health and human
31services, the department of inspections and appeals, and the
32department of revenue, who are regularly assigned to conduct
33investigations which cannot reasonably be conducted with a
34vehicle displaying “official” state registration plates.
35 Sec. 1058. Section 321.34, subsection 11A, paragraphs b and
-744-1c, Code 2023, are amended to read as follows:
2b. Love our kids plates shall be designed by the department
3in cooperation with the Iowa department of public health and
4human services.
5c. The special fee for letter-number designated love our
6kids plates is thirty-five dollars. The fee for personalized
7love our kids plates is twenty-five dollars, which shall
8be paid in addition to the special love our kids fee of
9thirty-five dollars. The fees collected by the director under
10this subsection shall be paid monthly to the treasurer of
11state and deposited in the road use tax fund. The treasurer
12of state shall transfer monthly from the statutory allocations
13fund created under section 321.145, subsection 2, to the Iowa
14 department of public health and human services the amount
15of the special fees collected in the previous month for the
16love our kids plates. Notwithstanding section 8.33, moneys
17transferred under this subsection shall not revert to the
18general fund of the state.
19 Sec. 1059. Section 321.34, subsection 23, paragraph c, Code
202023, is amended to read as follows:
21c. The special fee for letter-number designated breast
22cancer awareness plates is thirty-five dollars. The fee for
23personalized breast cancer awareness plates is twenty-five
24dollars, which shall be paid in addition to the special
25breast cancer awareness fee of thirty-five dollars. The fees
26collected by the director under this subsection shall be paid
27monthly to the treasurer of state and deposited in the road
28use tax fund. The treasurer of state shall transfer monthly
29from the statutory allocations fund created under section
30321.145, subsection 2, to the Iowa department of public health
31and human services the amount of the special fees collected
32in the previous month for the breast cancer awareness plates
33and such funds are appropriated to the Iowa department of
34public health and human services. The Iowa department of
35public health and human services shall distribute one hundred
-745-1percent of the funds received monthly in the form of grants to
2support breast cancer screenings for both men and women who
3meet eligibility requirements like those established by the
4Susan G. Komen foundation. In the awarding of grants, the Iowa
5 department of public health and human services shall give first
6consideration to affiliates of the Susan G. Komen foundation
7and similar nonprofit organizations providing for breast cancer
8screenings at no cost in Iowa. Notwithstanding section 8.33,
9moneys transferred under this subsection shall not revert to
10the general fund of the state.
11 Sec. 1060. Section 321.178, subsection 1, paragraph a,
12subparagraph (1), Code 2023, is amended to read as follows:
13(1) A minimum of four hours of instruction concerning
14substance abuse use disorder and distracted driving.
15 Sec. 1061. Section 321.178A, subsection 3, paragraph a,
16subparagraph (2), Code 2023, is amended to read as follows:
17(2) Instruction concerning substance abuse use disorder and
18distracted driving.
19 Sec. 1062. Section 321.215, subsection 1, paragraph a,
20subparagraph (4), Code 2023, is amended to read as follows:
21(4) The person’s substance abuse use disorder treatment.
22 Sec. 1063. Section 321.231B, subsection 1, paragraph b,
23Code 2023, is amended to read as follows:
24b. An emergency medical care provider, as defined in
25section 147A.1, operating the authorized emergency vehicle who
26has completed an emergency vehicle operations course and any
27applicable continuing education requirements established or
28approved by the department of public health and human services.
29 Sec. 1064. Section 321.423, subsection 7, paragraph a,
30subparagraph (2), unnumbered paragraph 1, Code 2023, is amended
31to read as follows:
32On a vehicle authorized by the director of public health and
33human services when all of the following apply:
34 Sec. 1065. Section 321.423, subsection 7, paragraph a,
35subparagraph (2), subparagraph division (b), Code 2023, is
-746-1amended to read as follows:
2(b) The request for authorization is made by the member
3on forms provided by the Iowa department of public health and
4human services.
5 Sec. 1066. Section 321.423, subsection 7, paragraph b, Code
62023, is amended to read as follows:
7b. The Iowa department of public health and human services
8 shall adopt rules to establish issuance standards, including
9allowing local emergency medical service providers to issue
10certificates of authorization, and shall adopt rules to
11establish certificate of authorization revocation procedures.
12 Sec. 1067. Section 321.451, subsection 1, paragraph h, Code
132023, is amended to read as follows:
14h. A vehicle owned by a chief, medical director, or
15certified medical provider of an authorized emergency medical
16service, if the application for a certificate of designation is
17requested by the chief, medical officer, or medical director
18of the authorized emergency medical service. However, the
19department shall not approve an application received pursuant
20to this paragraph unless the owner of the vehicle has completed
21an emergency vehicle operations course approved by the
22department of public health and human services, and provided
23proof of financial liability coverage or risk pool coverage.
24 Sec. 1068. Section 321J.2, subsection 3, paragraph e, Code
252023, is amended to read as follows:
26e. Assignment to substance abuse use disorder evaluation and
27treatment, a course for drinking drivers, and, if available and
28appropriate, a reality education substance abuse use disorder
29 prevention program pursuant to section 321J.24.
30 Sec. 1069. Section 321J.2, subsection 4, paragraph d, Code
312023, is amended to read as follows:
32d. Assignment to substance abuse use disorder evaluation and
33treatment, a course for drinking drivers, and, if available and
34appropriate, a reality education substance abuse use disorder
35 prevention program pursuant to section 321J.24.
-747-1 Sec. 1070. Section 321J.2, subsection 5, paragraph d, Code
22023, is amended to read as follows:
3d. Assignment to substance abuse use disorder evaluation and
4treatment, a course for drinking drivers, and, if available and
5appropriate, a reality education substance abuse use disorder
6 prevention program pursuant to section 321J.24.
7 Sec. 1071. Section 321J.2, subsection 7, paragraphs a and b,
8Code 2023, are amended to read as follows:
9a. All persons convicted of an offense under subsection 2
10shall be ordered, at the person’s expense, to undergo, prior
11to sentencing, a substance abuse use disorder evaluation. The
12court shall order the person to follow the recommendations
13proposed in the substance abuse use disorder evaluation as
14provided in section 321J.3.
15b. Where the program is available and is appropriate for
16the convicted person, a person convicted of an offense under
17subsection 2 shall be ordered to participate in a reality
18education substance abuse use disorder prevention program as
19provided in section 321J.24.
20 Sec. 1072. Section 321J.3, Code 2023, is amended to read as
21follows:
22321J.3 Substance abuse use disorder evaluation or treatment
23— rules.
241. a. In addition to orders issued pursuant to section
25321J.2, subsections 3, 4, and 5, and section 321J.17, the court
26shall order any defendant convicted under section 321J.2 to
27follow the recommendations proposed in the substance abuse
28 use disorder evaluation for appropriate substance abuse use
29disorder treatment for the defendant. Court-ordered substance
30abuse use disorder treatment is subject to the periodic
31reporting requirements of section 125.86.
32b. If a defendant is committed by the court to a substance
33abuse use disorder treatment facility, the administrator of the
34facility shall report to the court when it is determined that
35the defendant has received the maximum benefit of treatment
-748-1at the facility and the defendant shall be released from the
2facility. The time for which the defendant is committed for
3treatment shall be credited against the defendant’s sentence.
4c. The court may prescribe the length of time for the
5evaluation and treatment or it may request that the community
6college or other approved provider conducting the course
7for drinking drivers which the person is ordered to attend
8or the treatment program to which the person is committed
9immediately report to the court when the person has received
10maximum benefit from the course for drinking drivers or
11treatment program or has recovered from the person’s addiction,
12dependency, or tendency to chronically abuse use alcohol or
13drugs.
14d. Upon successfully completing a course for drinking
15drivers or an ordered substance abuse use disorder treatment
16program, a court may place the person on probation for six
17months and as a condition of probation, the person shall
18attend a program providing posttreatment services relating to
19substance abuse use disorder as approved by the court.
20e. A person committed under this section who does not
21possess sufficient income or estate to make payment of the
22costs of the treatment in whole or in part shall be considered
23a state patient and the costs of treatment shall be paid as
24provided in section 125.44.
25f. A defendant who fails to carry out the order of the
26court shall be confined in the county jail for twenty days in
27addition to any other imprisonment ordered by the court or may
28be ordered to perform unpaid community service work, and shall
29be placed on probation for one year with a violation of this
30probation punishable as contempt of court.
31g. In addition to any other condition of probation, the
32person shall attend a program providing substance abuse use
33disorder prevention services or posttreatment services related
34to substance abuse use disorder as ordered by the court. The
35person shall report to the person’s probation officer as
-749-1ordered concerning proof of attendance at the treatment program
2or posttreatment program ordered by the court. Failure to
3attend or complete the program shall be considered a violation
4of probation and is punishable as contempt of court.
52. a. Upon a second or subsequent offense in violation of
6section 321J.2, the court upon hearing may commit the defendant
7for inpatient treatment of alcoholism or drug addiction
8or dependency to any hospital, institution, or community
9correctional facility in Iowa providing such treatment. The
10time for which the defendant is committed for treatment shall
11be credited against the defendant’s sentence.
12b. The court may prescribe the length of time for the
13evaluation and treatment or it may request that the hospital
14to which the person is committed immediately report to the
15court when the person has received maximum benefit from the
16program of the hospital or institution or has recovered from
17the person’s addiction, dependency, or tendency to chronically
18abuse use alcohol or drugs.
19c. A person committed under this section who does not
20possess sufficient income or estate to make payment of the
21costs of the treatment in whole or in part shall be considered
22a state patient and the costs of treatment shall be paid as
23provided in section 125.44.
243. The state department of transportation, in cooperation
25with the judicial branch, shall adopt rules, pursuant to the
26procedure in section 125.33, regarding the assignment of
27persons ordered under section 321J.17 to submit to substance
28abuse use disorder evaluation and treatment. The rules shall
29be applicable only to persons other than those committed to
30the custody of the director of the department of corrections
31under section 321J.2. The rules shall be consistent with the
32practices and procedures of the judicial branch in sentencing
33persons to substance abuse use disorder evaluation and
34treatment under section 321J.2. The rules shall include the
35requirement that the treatment programs utilized by a person
-750-1pursuant to an order of the department of transportation meet
2the licensure standards of the department of public health
3and human services for substance abuse use disorder treatment
4programs under chapter 125. The rules shall also include
5provisions for payment of costs by the offenders, including
6insurance reimbursement on behalf of offenders, or other forms
7of funding, and shall also address reporting requirements of
8the facility, consistent with the provisions of sections 125.84
9and 125.86. The department of transportation shall be entitled
10to treatment information contained in reports to the department
11of transportation, notwithstanding any provision of chapter 125
12that would restrict department access to treatment information
13and records.
14 Sec. 1073. Section 321J.17, subsection 2, paragraph b, Code
152023, is amended to read as follows:
16b. The court or department may request that the community
17college or substance abuse use disorder treatment providers
18licensed under chapter 125 or other approved provider
19conducting the course for drinking drivers that the person is
20ordered to attend immediately report to the court or department
21that the person has successfully completed the course for
22drinking drivers. The court or department may request that the
23treatment program which the person attends periodically report
24on the defendant’s attendance and participation in the program,
25as well as the status of treatment or rehabilitation.
26 Sec. 1074. Section 321J.22, subsections 2, 4, and 5, Code
272023, are amended to read as follows:
282. a. The course provided according to this section shall
29be offered on a regular basis at each community college as
30defined in section 260C.2, or by substance abuse use disorder
31 treatment programs licensed under chapter 125, or may be
32offered at a state correctional facility listed in section
33904.102. However, a community college shall not be required to
34offer the course if a substance abuse use disorder treatment
35program licensed under chapter 125 offers the course within the
-751-1merged area served by the community college.
2b. Enrollment in the courses is not limited to persons
3ordered to enroll, attend, and successfully complete the
4course required under sections 321J.2 and 321J.17, subsection
52. However, any person under age eighteen who is required to
6attend the courses for violation of section 321J.2 or 321J.17
7must attend a course offered by a substance abuse use disorder
8 treatment program licensed under chapter 125.
9c. The course required by this section shall be:
10(1) Taught by a community college under the supervision
11of the department of education or by a substance abuse use
12disorder treatment program licensed under chapter 125, and may
13be offered at a state correctional facility.
14(2) Approved by the department of education, in
15consultation with the community colleges, substance abuse
16 use disorder treatment programs licensed under chapter 125,
17the department of public health and human services, and the
18department of corrections.
19d. The department of education may approve a provider of
20a course for drinking drivers offered outside this state upon
21proof to the department’s satisfaction that the course is
22comparable to those offered by community colleges, substance
23abuse use disorder treatment programs licensed under chapter
24125, and state correctional facilities as provided in this
25section. The department shall comply with the requirements of
26subsection 5 regarding such approved providers.
27e. The department of education shall establish reasonable
28fees to defray the expense of obtaining classroom space,
29instructor salaries, and class materials for courses offered
30both by community colleges and by substance abuse use
31disorder treatment programs licensed under chapter 125, or
32for classes offered at a state correctional facility, and
33for administrative expenses incurred by the department of
34education in implementing subsection 5 on behalf of in-state
35and out-of-state offenders.
-752- 1f. A person shall not be denied enrollment in a course by
2reason of the person’s indigency.
34. The department of education, substance abuse use
4disorder treatment programs licensed under chapter 125,
5and state correctional facilities shall prepare for their
6respective courses a list of the locations of the courses
7taught under this section, the dates and times taught, the
8procedure for enrollment, and the schedule of course fees. The
9list shall be kept current and a copy of the list shall be sent
10to each court having jurisdiction over offenses provided in
11this chapter.
125. The department of education, substance abuse use
13disorder treatment programs licensed under chapter 125, and
14state correctional facilities shall maintain enrollment,
15attendance, successful and nonsuccessful completion data for
16their respective courses on the persons ordered to enroll,
17attend, and successfully complete a course for drinking
18drivers. This data shall be forwarded to the court by the
19department of education, substance abuse use disorder treatment
20programs licensed under chapter 125, and the department of
21corrections.
22 Sec. 1075. Section 321J.23, subsection 5, Code 2023, is
23amended to read as follows:
245. The reality education substance abuse use disorder
25 prevention program provides guidelines for the operation of an
26intensive program to discourage recidivism.
27 Sec. 1076. Section 321J.24, subsection 1, paragraphs b and
28c, Code 2023, are amended to read as follows:
29b. “Participant” means a person who is ordered by the court
30to participate in the reality education substance abuse use
31disorder prevention program.
32c. “Program” means the reality education substance abuse use
33disorder prevention program.
34 Sec. 1077. Section 321J.24, subsection 2, Code 2023, is
35amended to read as follows:
-753- 12. A reality education substance abuse use disorder
2 prevention program is established in those judicial
3districts where the chief judge of the judicial district
4authorizes participation in the program. Upon a conviction
5or adjudication for a violation of section 321J.2, or the
6entry of a deferred judgment concerning a violation of section
7321J.2, the court or juvenile court may order participation in
8the reality education substance abuse use disorder prevention
9program as a term and condition of probation or disposition
10in addition to any other term or condition of probation or
11disposition required or authorized by law. The court or
12juvenile court shall require the defendant or delinquent child
13to abstain from consuming any controlled substance, alcoholic
14liquor, wine, or beer while participating in the program.
15 Sec. 1078. Section 321J.24, subsection 5, paragraph a,
16subparagraph (2), Code 2023, is amended to read as follows:
17(2) A facility for the treatment of persons with
18substance-related disorders a substance use disorder as defined
19in section 125.2, under the supervision of appropriately
20licensed medical personnel.
21 Sec. 1079. Section 321J.25, Code 2023, is amended to read
22as follows:
23321J.25 Youthful offender substance abuse use disorder
24 awareness program.
251. As used in this section, unless the context otherwise
26requires:
27a. “Participant” means a person whose driver’s license or
28operating privilege has been revoked for a violation of section
29321J.2A.
30b. “Program” means a substance abuse use disorder awareness
31program provided under a contract entered into between the
32provider and the Iowa department of public health and human
33services under chapter 125.
34c. “Program coordinator” means a person assigned the duty
35to coordinate a participant’s activities in a program by the
-754-1program provider.
22. A substance abuse use disorder awareness program is
3established in each of the regions established by the director
4of public health and human services pursuant to section
5125.12. The program shall consist of an insight class and
6a substance abuse use disorder evaluation, which shall be
7attended by the participant, to discuss issues related to the
8potential consequences of substance abuse use disorder. The
9parent or parents of the participant shall also be encouraged
10to participate in the program. The program provider shall
11consult with the participant or the parents of the participant
12in the program to determine the timing and appropriate level
13of participation for the participant and any participation by
14the participant’s parents. The program may also include a
15supervised educational tour by the participant to any or all
16of the following:
17a. A hospital or other emergency medical care facility
18which regularly receives victims of motor vehicle accidents,
19to observe treatment of appropriate victims of motor vehicle
20accidents involving intoxicated drivers, under the supervision
21of a registered nurse, physician, paramedic, or emergency
22medical technician.
23b. A facility for the treatment of persons with
24substance-related disorders a substance use disorder as defined
25in section 125.2, under the supervision of appropriately
26licensed medical personnel.
27c. If approved by the state or county medical examiner, a
28morgue or a similar facility to receive appropriate educational
29material and instruction concerning damage caused by the
30consumption of alcohol or other drugs, under the supervision of
31the county medical examiner or deputy medical examiner.
323. If the program includes a tour, the program coordinator
33shall explain and discuss the experiences which may be
34encountered during the tour to the participant. If the program
35coordinator determines at any time before or during a tour that
-755-1the tour may be traumatic or otherwise inappropriate for the
2participant, the program coordinator shall terminate the tour
3without prejudice to the participant.
44. Upon the revocation of the driver’s license or operating
5privileges of a person who is fourteen years of age or older
6for a violation of section 321J.2A, if the person has had no
7previous revocations under either section 321J.2 or section
8321J.2A, a person may participate in the substance abuse
9 use disorder awareness program. The state department of
10transportation shall notify a potential program participant
11of the possibility and potential benefits of attending a
12program and shall notify a potential program participant of the
13availability of programs which exist in the area in which the
14person resides. The state department of transportation shall
15consult with the Iowa department of public health and human
16services to determine what programs are available in various
17areas of the state.
185. Program providers and facilities toured during the
19program are not liable for any civil damages resulting from
20injury to the participant, or civil damages caused by the
21participant during or from any activities related to a tour,
22except for willful or grossly negligent acts intended to, or
23reasonably expected to result in, such injury or damage.
246. The program provider shall determine fees to be paid by
25participants in the program. The program fees shall be paid on
26a sliding scale, based upon the ability of a participant and a
27participant’s family to pay the fees, and shall not exceed one
28hundred dollars per participant. The program provider shall
29use the fees to pay all costs associated with the program.
30 Sec. 1080. Section 324A.1, subsection 6, Code 2023, is
31amended to read as follows:
326. “Transportation” means the movement of individuals
33in a four or more wheeled motorized vehicle designed to
34carry passengers, including a car, van, or bus, between one
35geographic point and another geographic point. “Transportation”
-756-1does not include emergency or incidental transportation or
2transportation conducted by the department of health and human
3services at its institutions.
4 Sec. 1081. Section 324A.4, subsection 2, paragraph a, Code
52023, is amended to read as follows:
6a. Upon request, the department shall provide assistance
7to political subdivisions, state agencies, and organizations
8affected by this chapter for federal aid applications for urban
9and rural transit system program aid. The department, in
10cooperation with the regional planning agencies, shall maintain
11current information reflecting the amount of federal, state,
12and local aid received by the public and private nonprofit
13organizations providing public transit services and the purpose
14for which the aid is received. The department shall biennially
15prepare a report to be submitted to the general assembly and
16the governor prior to December 15 of even-numbered years. The
17report shall recommend methods to increase transportation
18coordination and improve the efficiency of federal, state,
19and local government programs used to finance public transit
20services and may address other topics as appropriate. The
21department of health and human services, the department on
22aging, and the officers and agents of the other affected state
23and local government units shall provide input as requested by
24the department.
25 Sec. 1082. Section 324A.5, unnumbered paragraph 1, Code
262023, is amended to read as follows:
27The department of health and human services, department on
28aging, and the officers and agents of other state and local
29governmental units shall assist the department in carrying out
30section 324A.4, subsections 1 and 2, insofar as the functions
31of these respective officers and departments are concerned
32with the health, welfare and safety of any recipient of
33transportation services.
34 Sec. 1083. Section 331.304, subsection 9, Code 2023, is
35amended to read as follows:
-757- 19. A county shall not adopt or enforce any ordinance
2imposing any registration or licensing system or registration
3or license fees for or relating to owner-occupied manufactured
4or mobile homes including the lots, lands, or manufactured
5home community or mobile home park upon or in which they are
6located. A county shall not adopt or enforce any ordinance
7imposing any registration or licensing system, or registration
8or license fees, or safety or sanitary standards for rental
9manufactured or mobile homes unless similar registration or
10licensing system, or registration or license fees, or safety
11or sanitary standards are required for other rental properties
12intended for human habitation. This subsection does not
13preclude the investigation and abatement of a nuisance or the
14enforcement of a tiedown system, or the enforcement of any
15regulations of the state council on health and human services
16 or local board of health if those regulations apply to other
17rental properties or to owner-occupied housing intended for
18human habitation.
19 Sec. 1084. Section 331.321, subsection 1, paragraph f, Code
202023, is amended to read as follows:
21f. The members of the service area advisory board in
22accordance with section 217.43.
23 Sec. 1085. Section 331.323, subsection 1, paragraph a,
24subparagraph (9), Code 2023, is amended to read as follows:
25(9) Executive officer of the service area advisory board in
26accordance with section 217.43.
27 Sec. 1086. Section 331.382, subsections 3 and 6, Code 2023,
28are amended to read as follows:
293. The power to legislate in regard to chemical substance
30abuse use is subject to section 125.40.
316. The power to operate juvenile detention and shelter care
32homes is subject to approval of the homes by the director of
33the department of health and human services or the director’s
34designee, as provided in section 232.142.
35 Sec. 1087. Section 331.388, Code 2023, is amended to read
-758-1as follows:
2331.388 Definitions.
3As used in this part, unless the context otherwise requires:
41. “Children’s behavioral health services” means the same as
5defined in section 225C.2.
62. “Department” means the department of health and human
7services.
83. “Director” means the director of health and human
9services.
103. 4. “Disability services” means the same as defined in
11section 225C.2.
124. 5. “Population” means, as of July 1 of the fiscal year
13preceding the fiscal year in which the population figure is
14applied, the population shown by the latest preceding certified
15federal census or the latest applicable population estimate
16issued by the United States census bureau, whichever is most
17recent.
185. 6. “Regional administrator” means the administrative
19office, organization, or entity formed by agreement of the
20counties participating in a region to function on behalf of
21those counties in accordance with this part.
226. 7. “Serious emotional disturbance” means the same as
23defined in section 225C.2.
247. 8. “State board” means the children’s system state board
25created in section 225C.51.
268. 9. “State commission” means the mental health and
27disability services commission created in section 225C.5.
28 Sec. 1088. Section 331.389, subsections 1 and 2, Code 2023,
29are amended to read as follows:
301. Local access to mental health and disability services
31shall be provided by a regional service system comprised of
32mental health and disability services regions approved by the
33director of the department. It is the intent of the general
34assembly that the residents of this state should have access to
35needed mental health and disability services regardless of the
-759-1location of their residence.
22. The director of human services shall approve a region
3meeting the requirements of subsection 3.
4 Sec. 1089. Section 331.390, subsection 2, paragraph c, Code
52023, is amended to read as follows:
6c. The membership of the governing board shall not include
7employees of the department of human services or a nonelected
8employee of a county.
9 Sec. 1090. Section 331.391, subsection 4, paragraph b, Code
102023, is amended to read as follows:
11b. Each region shall certify to the department of human
12services on or before December 1, 2021, and each December 1
13thereafter, the amount of the region’s cash flow amount in
14the combined account at the conclusion of the most recently
15completed fiscal year.
16 Sec. 1091. Section 331.393, subsection 2, unnumbered
17paragraph 1, Code 2023, is amended to read as follows:
18Each region shall submit to the department an annual
19service and budget plan approved by the region’s governing
20board and subject to approval by the director of human
21services. Provisions for approval by the director of human
22services’ approval of the annual service and budget plan,
23and any amendments to the plan, and other requirements shall
24be specified in rule adopted by the state commission. The
25provisions addressed in the annual plan shall include but are
26not limited to all of the following:
27 Sec. 1092. Section 331.393, subsection 4, unnumbered
28paragraph 1, Code 2023, is amended to read as follows:
29The region shall have in effect a policies and procedures
30manual for the regional service system. The manual shall be
31approved by the region’s governing board and is subject to
32approval by the director of human services. An approved manual
33shall remain in effect subject to amendment. An amendment
34to the manual shall be submitted to the department at least
35forty-five days prior to the date of implementation of the
-760-1amendment. Prior to implementation of an amendment to the
2manual, the amendment must be approved by the director of human
3services in consultation with the state commission. The manual
4shall include but is not limited to all of the following:
5 Sec. 1093. Section 331.393, subsections 5 and 8, Code 2023,
6are amended to read as follows:
75. The provisions of a regional service system management
8plan shall include measures to address the needs of persons
9who have two or more co-occurring mental health, intellectual
10or other developmental disability, brain injury, or
11substance-related substance use disorders and individuals with
12specialized needs. Implementation of measures to meet the
13needs of persons with a developmental disability other than
14intellectual disability, brain injury, or substance-related
15disorders a substance use disorder is contingent upon
16identification of a funding source to meet those needs and
17implementation of provisions to engage the entity under
18contract with the state to provide services to address
19substance-related substance use disorders within the regional
20service system.
218. If a region determines that the region cannot provide
22services for the fiscal year in accordance with the regional
23plan and remain in compliance with applicable budgeting
24requirements, the region may implement a waiting list for
25the services. The procedures for establishing and applying
26a waiting list shall be specified in the regional plan. If
27a region implements a waiting list for services, the region
28shall notify the department of human services. The department
29shall maintain on the department’s internet site an up-to-date
30listing of the regions that have implemented a waiting list and
31the services affected by each waiting list.
32 Sec. 1094. Section 331.394, subsection 1, paragraph a, Code
332023, is amended to read as follows:
34a. “County of residence” means the county in this state in
35which, at the time a person applies for or receives services,
-761-1the person is living and has established an ongoing presence
2with the declared, good faith intention of living in the
3county for a permanent or indefinite period of time. The
4county of residence of a person who is a homeless person is
5the county where the homeless person usually sleeps. A person
6maintains residency in the county or state in which the person
7last resided while the person is present in another county or
8this state receiving services in a hospital, a correctional
9facility, a halfway house for community-based corrections or
10substance-related substance use disorder treatment, a nursing
11facility, an intermediate care facility for persons with an
12intellectual disability, or a residential care facility, or for
13the purpose of attending a college or university.
14 Sec. 1095. Section 331.394, subsection 3, Code 2023, is
15amended to read as follows:
163. If a service authorization or other services-related
17decision made by a regional administrator concerning a person
18varies from the type and amount of service identified to be
19necessary for the person in a clinical determination made by a
20mental health professional and the mental health professional
21believes that failure to provide the type and amount of service
22identified could cause an immediate danger to the person’s
23health or safety, the person may request an expedited review
24of the regional administrator’s decision to be made by the
25department of human services. An expedited review held in
26accordance with this subsection is subject to the following
27procedures:
28a. The request for the expedited review shall be filed
29within five business days of receiving the notice of decision
30by the regional administrator. The request must be in writing,
31plainly state the request for an expedited review in the
32caption and body of the request, and be supported by written
33documentation from the mental health professional who made the
34clinical determination stating how the notice of decision on
35services could cause an immediate danger to the person’s health
-762-1or safety.
2b. The expedited review shall be performed by a designee
3of the director who is a mental health professional, who is
4either the administrator of the division of mental health and
5disability services of the department of human services or the
6administrator’s designee. If the administrator is not a mental
7health professional, the expedited review shall be performed
8by a designee of the administrator who is a mental health
9professional and is free of any conflict of interest to perform
10the expedited review. The expedited review shall be performed
11within two business days of the time the request is filed. If
12the reviewer determines the information submitted in connection
13with the request is inadequate to perform the review, the
14reviewer shall request the submission of additional information
15and the review shall be performed within two business days of
16the time that adequate information is submitted. The regional
17administrator and the person, with the assistance of the mental
18health professional who made the clinical determination, shall
19each provide a brief statement of facts, conclusions, and
20reasons for the decision made. Supporting clinical information
21shall also be attached. All information related to the
22proceedings and any related filings shall be considered to be
23mental health information subject to chapter 228.
24c. The administrator or director’s designee shall issue
25an order, including a brief statement of findings of fact,
26conclusions of law, and policy reasons for the order, to
27justify the decision made concerning the expedited review.
28If the decision concurs with the contention that there is an
29immediate danger to the person’s health or safety, the order
30shall identify the type and amount of service which shall be
31provided for the person. The administrator or director’s
32 designee shall give such notice as is practicable to persons
33who are required to comply with the order. The order is
34effective when issued.
35d. The decision of the administrator or director’s designee
-763-1shall be considered a final agency action and is subject to
2judicial review in accordance with section 17A.19. The record
3for judicial review consists of any documents regarding the
4matter that were considered or prepared by the administrator or
5 director’s designee. The administrator or director’s designee
6shall maintain these documents as the official record of the
7decision. If the matter is appealed to the district court, the
8record shall be filed as confidential.
9 Sec. 1096. Section 331.396, subsection 1, paragraphs c and
10d, Code 2023, are amended to read as follows:
11c. The person has had at any time during the preceding
12twelve-month period a mental health, behavioral, or emotional
13disorder or, in the opinion of a mental health professional,
14may now have such a diagnosable disorder. The diagnosis
15shall be made in accordance with the criteria provided in
16the diagnostic and statistical manual of mental disorders,
17fourth edition, text revision, published by the American
18psychiatric association, and shall not include the manual’s
19“V” codes identifying conditions other than a disease or
20injury. The diagnosis shall also not include substance-related
21 substance use disorders, dementia, antisocial personality, or
22developmental disabilities, unless co-occurring with another
23diagnosable mental illness.
24d. The person’s eligibility for individualized services
25shall be determined in accordance with the standardized
26functional assessment methodology approved for mental health
27services by the director of human services in consultation with
28the state commission.
29 Sec. 1097. Section 331.396, subsection 2, paragraph e, Code
302023, is amended to read as follows:
31e. The person’s eligibility for individualized services
32shall be determined in accordance with the standardized
33functional assessment methodology approved for intellectual
34disability and developmental disability services by the
35director of human services.
-764-1 Sec. 1098. Section 331.396, subsection 3, paragraph d, Code
22023, is amended to read as follows:
3d. The person’s eligibility for individualized services
4shall be determined in accordance with a standardized
5functional assessment methodology approved for this purpose by
6the director of human services.
7 Sec. 1099. Section 331.397, subsection 2, paragraph a,
8subparagraph (2), Code 2023, is amended to read as follows:
9(2) Subject to the available appropriations, the director
10of human services shall ensure the core service domains listed
11in subsections 4 and 5 are covered services for the medical
12assistance program under chapter 249A to the greatest extent
13allowable under federal regulations. The medical assistance
14program shall reimburse Medicaid enrolled providers for
15Medicaid covered services under subsections 4 and 5 when
16the services are medically necessary, the Medicaid enrolled
17provider submits an appropriate claim for such services, and
18no other third-party payer is responsible for reimbursement of
19such services. Within funds available, the region shall pay
20for such services for eligible persons when payment through the
21medical assistance program or another third-party payment is
22not available, unless the person is on a waiting list for such
23payment or it has been determined that the person does not meet
24the eligibility criteria for any such service.
25 Sec. 1100. Section 331.397, subsection 3, unnumbered
26paragraph 1, Code 2023, is amended to read as follows:
27Pursuant to recommendations made by the director of human
28services, the state commission shall adopt rules as required
29by section 225C.6 to define the services included in the core
30service domains listed in this section. The rules shall
31provide service definitions, service provider standards,
32service access standards, and service implementation dates, and
33shall provide consistency, to the extent possible, with similar
34service definitions under the medical assistance program.
35 Sec. 1101. Section 331.397A, subsection 2, paragraph a,
-765-1subparagraph (2), Code 2023, is amended to read as follows:
2(2) Subject to the available appropriations, the director
3of human services shall ensure the behavioral health core
4service domains listed in subsection 4 are covered services
5for the medical assistance program under chapter 249A to the
6greatest extent allowable under federal regulations. The
7medical assistance program shall reimburse Medicaid enrolled
8providers for Medicaid covered services under subsection 4 when
9the services are medically necessary, the Medicaid enrolled
10provider submits an appropriate claim for such services, and
11no other third-party payor is responsible for reimbursement
12of such services. Within the funds available, the region
13shall pay for such services for eligible children when payment
14through the medical assistance program or another third-party
15payment is not available, unless the child is on a waiting list
16for such payment or it has been determined that the child does
17not meet the eligibility criteria for any such service.
18 Sec. 1102. Section 331.397A, subsection 3, Code 2023, is
19amended to read as follows:
203. Pursuant to recommendations made by the state board, the
21department of human services shall adopt rules to define the
22services included in the core domains listed in this section.
23The rules shall provide service definitions, service provider
24standards, service access standards, and service implementation
25dates, and shall provide consistency, to the extent possible,
26with similar service definitions under the medical assistance
27program.
28 Sec. 1103. Section 331.398, subsection 1, Code 2023, is
29amended to read as follows:
301. The financing of a regional mental health and disability
31services regional service system is limited to a fixed budget
32amount. The fixed budget amount shall be the amount identified
33in a regional service system management plan and budget for the
34fiscal year.
35 Sec. 1104. Section 331.402, subsection 2, paragraph b, Code
-766-12023, is amended to read as follows:
2b. Enter into an agreement with the state department of
3health and human services for assistance in accordance with
4section 249A.12.
5 Sec. 1105. Section 331.424, subsection 1, paragraph
6a, subparagraph (1), subparagraph division (a), unnumbered
7paragraph 1, Code 2023, is amended to read as follows:
8The costs of inpatient or outpatient substance abuse use
9disorder admission, commitment, transportation, care, and
10treatment at any of the following:
11 Sec. 1106. Section 331.756, subsections 26 and 39, Code
122023, are amended to read as follows:
1326. At the request of the director of public health and
14human services, commence legal action to enjoin the unlawful
15use of radiation-emitting equipment as provided in section
16136C.5.
1739. Appear on behalf of the administrator of the division
18of mental health and disability services director of the
19department of health and human services in support of an
20application to transfer a person with mental illness who
21becomes incorrigible and dangerous from a state hospital for
22persons with mental illness mental health institute to the
23Iowa medical and classification center as provided in section
24226.30.
25 Sec. 1107. Section 331.910, Code 2023, is amended to read
26as follows:
27331.910 Interstate contracts for mental health and
28substance-related substance use disorder treatment.
291. Purpose. The purpose of this section is to enable
30appropriate care and treatment to be provided to a person with
31a substance-related substance use disorder or a mental illness,
32across state lines from the person’s state of residence, in
33qualified hospitals, centers, and facilities.
342. Definitions. For the purposes of this section:
35a. “Bordering state” means Illinois, Minnesota, Missouri,
-767-1Nebraska, South Dakota, or Wisconsin.
2b. “Receiving agency” means a public or private hospital,
3mental health center, substance abuse use disorder treatment
4and rehabilitation facility, or detoxification center, which
5provides substance abuse use disorder or mental health care
6and treatment to a person from a state other than the state in
7which a hospital, center, or facility is located.
8c. “Receiving state” means the state in which a receiving
9agency is located.
10d. “Region” means a mental health and disability services
11region formed in accordance with section 331.389.
12e. “Sending agency” means a state or regional agency
13located in a state which sends a person to a receiving state
14for substance abuse use disorder or mental health care and
15treatment under this section.
16f. “Sending state” means the state in which a sending agency
17is located.
183. Voluntary civil commitments.
19a. A region may contract with a receiving agency in a
20bordering state to secure substance abuse use disorder or
21mental health care and treatment under this subsection for
22persons who receive substance abuse use disorder or mental
23health care and treatment pursuant to section 125.33, 125.91,
24229.2, or 229.22 through a region.
25b. This subsection shall not apply to a person who is any
26of the following:
27(1) Serving a criminal sentence.
28(2) On probation or parole.
29(3) The subject of a presentence investigation.
30c. A region may contract with a sending agency in a
31bordering state to provide care and treatment under this
32subsection for residents of the bordering state in approved
33substance abuse use disorder and mental health care and
34treatment hospitals, centers, and facilities in this state,
35except that care and treatment shall not be provided for
-768-1residents of the bordering state who are involved in criminal
2proceedings substantially similar to the involvement described
3in paragraph “b”.
44. Involuntary civil commitments.
5a. A person who is detained, committed, or placed on an
6involuntary basis under section 125.75, 125.91, 229.6, or
7229.22 may be civilly committed and treated in another state
8pursuant to a contract under this subsection.
9b. A person who is detained, committed, or placed on
10an involuntary basis under the civil commitment laws of a
11bordering state substantially similar to section 125.75,
12125.91, 229.6, or 229.22 may be civilly committed and treated
13in this state pursuant to a contract under this subsection.
14c. A law enforcement officer acting under the authority of a
15sending state may transport a person to a receiving agency that
16provides substance abuse use disorder or mental health care and
17treatment pursuant to a contract under this subsection and may
18transport the person back to the sending state under the laws
19of the sending state.
20d. Court orders valid under the law of the sending state
21are granted recognition and reciprocity in the receiving state
22for a person covered by a contract under this subsection to
23the extent that the court orders relate to civil commitment
24for substance abuse use disorder or mental health care and
25treatment. Such care and treatment may include care and
26treatment for co-occurring substance-related substance use and
27mental health disorders. Such court orders are not subject to
28legal challenge in the courts of the receiving state.
29e. A person who is detained, committed, or placed under the
30laws of a sending state and who is transferred to a receiving
31state under this subsection shall be considered to be in the
32legal custody of the authority responsible for the person under
33the laws of the sending state with respect to the involuntary
34civil commitment of the person due to a mental illness or a
35substance-related substance use disorder.
-769- 1f. While in the receiving state pursuant to a contract
2under this subsection, a person detained, committed, or placed
3under the laws of a sending state shall be subject to all laws
4and regulations of the receiving state, except those laws and
5regulations with respect to the involuntary civil commitment
6of the person due to a mental illness or substance-related
7 substance use disorder. A person shall not be sent to a
8receiving state pursuant to a contract under this subsection
9until the receiving state has enacted a law recognizing the
10validity and applicability of this subsection.
11g. If a person receiving care and treatment pursuant to
12a contract under this subsection escapes from the receiving
13agency and the person at the time of the escape is subject to
14involuntary civil commitment under the laws of the sending
15state, the receiving agency shall use all reasonable means to
16recapture the escapee. The receiving agency shall immediately
17report the escape of the person to the sending agency. The
18receiving state has the primary responsibility for, and the
19authority to direct, the pursuit, retaking, and prosecution of
20escaped persons within its borders and is liable for the cost
21of such action to the extent that it would be liable for costs
22if its own resident escaped.
23h. Responsibility for payment for the cost of care and
24treatment under this subsection shall remain with the sending
25agency.
265. A contract entered into under this section shall, at a
27minimum, meet all of the following requirements:
28a. Describe the care and treatment to be provided.
29b. Establish responsibility for the costs of the care and
30treatment, except as otherwise provided in subsection 4.
31c. Establish responsibility for the costs of transporting
32individuals receiving care and treatment under this section.
33d. Specify the duration of the contract.
34e. Specify the means of terminating the contract.
35f. Identify the goals to be accomplished by the placement
-770-1of a person under this section.
26. This section shall apply to all of the following:
3a. Detoxification services that are unrelated to substance
4abuse use disorder or mental health care and treatment
5regardless of whether the care and treatment are provided on a
6voluntary or involuntary basis.
7b. Substance abuse use disorder and mental health care and
8treatment contracts that include emergency care and treatment
9provided to a resident of this state in a bordering state.
10 Sec. 1108. Section 347.7, subsection 4, paragraph a, Code
112023, is amended to read as follows:
12a. The tax levy authorized by this section for operation
13and maintenance of the hospital may be available in whole or in
14part to any county with or without a county hospital organized
15under this chapter, to be used to enhance rural health services
16in the county. However, the tax levied may be expended for
17enhancement of rural health care services only following a
18local planning process. The Iowa department of public health
19and human services shall establish guidelines to be followed
20by counties in implementing the local planning process which
21shall require legal notice, public hearings, and a referendum
22in accordance with this subsection prior to the authorization
23of any new levy or a change in the use of a levy. The notice
24shall describe the new levy or the change in the use of the
25levy, indicate the date and location of the hearing, and shall
26be published at least once each week for two consecutive weeks
27in a newspaper having general circulation in the county. The
28hearing shall not take place prior to two weeks after the
29second publication.
30 Sec. 1109. Section 347.16, subsection 2, Code 2023, is
31amended to read as follows:
322. Free care and treatment shall be furnished in a county
33public hospital to any sick or injured person who fulfills
34the residency requirements under section 47.4, subsection
351, paragraph “d”, Code 1993, in the county maintaining the
-771-1hospital, and who is indigent. The board of hospital trustees
2shall determine whether a person is indigent and entitled
3to free care under this subsection, or may delegate that
4determination to the general assistance director or the office
5of the department of health and human services in that county,
6subject to guidelines the board may adopt in conformity with
7applicable statutes.
8 Sec. 1110. Section 347B.14, Code 2023, is amended to read
9as follows:
10347B.14 Effect of approval of plans.
11When plans for construction or modification of a county care
12facility have been properly approved by the Iowa department of
13public health and human services or other appropriate state
14agency, the facility constructed in accord with the plans so
15approved shall not for a period of at least ten years from
16completion of the construction or modification be considered
17deficient or ineligible for licensing by reason of failure
18to meet any regulation or standard established subsequent to
19approval of the construction and modification plans, unless a
20clear and present danger exists that would adversely affect the
21residents of the facility.
22 Sec. 1111. Section 351.40, Code 2023, is amended to read as
23follows:
24351.40 Quarantine.
25If a local board of health believes rabies to be epidemic, or
26believes there is a threat of epidemic, in its jurisdiction,
27it may declare a quarantine in all or part of the area under
28its jurisdiction and such declaration shall be reported to the
29Iowa department of public health and human services. During
30the period of quarantine, any person owning or having a dog in
31the person’s possession in the quarantined area shall keep such
32animal securely enclosed or on a leash for the duration of the
33quarantine period.
34 Sec. 1112. Section 356.37, Code 2023, is amended to read as
35follows:
-772- 1356.37 Confinement and detention report — design proposals.
2The division of subunit of the department of health and
3human services responsible for criminal and juvenile justice
4planning of the department of human rights, in consultation
5with the department of corrections, the Iowa county attorneys
6association, the Iowa state sheriff’s association, the
7Iowa peace officers association, a statewide organization
8representing rural property taxpayers, the Iowa league of
9cities, and the Iowa board of supervisors association, shall
10prepare a report analyzing the confinement and detention
11needs of jails and facilities established pursuant to this
12chapter and chapter 356A. The report for each type of jail or
13facility shall include but is not limited to an inventory of
14prisoner space, daily prisoner counts, options for detention
15of prisoners with mental illness or substance abuse use
16disorder service needs, and the compliance status under section
17356.36 for each jail or facility. The report shall contain an
18inventory of recent jail or facility construction projects in
19which voters have approved the issuance of general obligation
20bonds, essential county purpose bonds, revenue bonds, or bonds
21issued pursuant to chapter 423B. The report shall be revised
22periodically as directed by the administrator of the division
23of criminal and juvenile justice planning director of health
24and human services. The first submission of the report shall
25include recommendations on offender data needed to estimate
26jail space needs in the next two, three, and five years, on a
27county, geographic region, and statewide basis, which may be
28based upon information submitted pursuant to section 356.49.
29 Sec. 1113. Section 356.48, subsection 1, Code 2023, is
30amended to read as follows:
311. A person confined to a jail or in the custody of a peace
32officer, who bites another person, who causes an exchange of
33bodily fluids with another person, or who causes any bodily
34secretion to be cast upon another person, shall submit to the
35withdrawal of a bodily specimen for testing to determine if
-773-1the person is infected with a contagious or infectious disease
2as defined in section 141A.2. The bodily specimen to be taken
3shall be determined by the attending physician of the jail
4or the county medical examiner. The specimen taken shall be
5sent to the state hygienic laboratory at the state university
6at Iowa City or some other laboratory approved by the Iowa
7 department of public health and human services. If a person
8to be tested pursuant to this section refuses to submit to the
9withdrawal of a bodily specimen, the sheriff, person in charge
10of the jail, or any potentially infected person may file an
11application with the district court for an order compelling
12the person that may have caused an infection to submit to the
13withdrawal and, if infected, to receive available treatment.
14An order authorizing the withdrawal of a specimen for testing
15may be issued only by a district judge or district associate
16judge upon application by the sheriff, person in charge of the
17jail, or any other potentially infected person.
18 Sec. 1114. Section 358.24, subsection 3, Code 2023, is
19amended to read as follows:
203. A sanitary district adjoining a border of the state and
21owning and operating a sewage disposal plant, may contract with
22the governing body of any legal entity in an adjacent area
23in another state, to process the sewage from the area. The
24contract shall be subject to approval of the Iowa department of
25public health and human services.
26 Sec. 1115. Section 364.3, subsection 5, Code 2023, is
27amended to read as follows:
285. A city shall not adopt or enforce any ordinance imposing
29any registration or licensing system or registration or license
30fees for or relating to owner-occupied manufactured or mobile
31homes including the lots, lands, or manufactured home community
32or mobile home park upon or in which they are located. A
33city shall not adopt or enforce any ordinance imposing any
34registration or licensing system, or registration or license
35fees, or safety or sanitary standards for rental manufactured
-774-1or mobile homes unless a similar registration or licensing
2system, or registration or license fees, or safety or sanitary
3standards are required for other rental properties intended
4for human habitation. This subsection does not preclude the
5investigation and abatement of a nuisance or the enforcement of
6a tiedown system, or the enforcement of any regulations of the
7state council on health and human services or local board of
8health if those regulations apply to other rental properties or
9to owner-occupied housing intended for human habitation.
10 Sec. 1116. Section 403A.23, Code 2023, is amended to read
11as follows:
12403A.23 Eligibility of persons receiving public assistance.
13Any statute to the contrary notwithstanding, no person
14otherwise eligible to be a tenant in a municipal housing
15project, shall be declared ineligible therefor or denied
16occupancy therein in the municipal housing project merely
17because the person is receiving in some form public assistance
18such as including but not limited to federal supplemental
19security income or state supplementary payments, assistance as
20defined by section 249.1, or welfare assistance, unemployment
21compensation, or social security payments, etc.
22 Sec. 1117. Section 411.6, subsection 16, paragraph c, Code
232023, is amended to read as follows:
24c. A member eligible to commence receiving a disability
25benefit on or after July 1, 2000, may be ineligible to receive
26a disability retirement benefit if the system determines that
27the member’s alcoholism or drug addiction was a contributing
28factor material to the determination of the member’s
29disability. Upon a determination that the member’s alcoholism
30or drug addiction was a contributing factor in the member’s
31disability, the system shall direct the member to undergo
32substance abuse use disorder treatment that the medical board
33determines is appropriate to treat the member’s alcoholism
34or drug addiction. After the end of a twenty-four-month
35period following the member’s first month of entitlement to a
-775-1disability benefit, the system shall reevaluate the member’s
2disability. If the system determines that the member failed to
3comply with the treatment program prescribed by this paragraph
4and that the member would not be disabled but for the member’s
5alcoholism or drug addiction, the member’s entitlement to a
6disability benefit under this chapter shall terminate effective
7the first day of the first month following the month the member
8is notified of the system’s determination.
9 Sec. 1118. Section 421.17, subsections 20 and 21, Code 2023,
10are amended to read as follows:
1120. To cooperate with the child support recovery unit
12 services created in chapter 252B to establish and maintain
13a process to implement the provisions of section 252B.5,
14subsection 9. The department of revenue shall forward to
15individuals meeting the criteria under section 252B.5,
16subsection 9, paragraph “a”, a notice by first class mail that
17the individual is obligated to file a state estimated tax form
18and to remit a separate child support payment.
19a. Individuals notified shall submit a state estimated tax
20form on a quarterly basis.
21b. The individual shall pay monthly, the lesser of the total
22delinquency or one hundred fifty percent of the current or most
23recent monthly obligation.
24c. The individual shall remit the payment to the department
25of revenue separate from any tax liability payments, identify
26the payment as a support payment, and make the payment payable
27to the collection services center. The department shall
28forward all payments received pursuant to this section to the
29collection services center established pursuant to chapter
30252B, for processing and disbursement. The department of
31revenue may establish a process for the child support recovery
32unit services or the collection services center to directly
33receive the payments. For purposes of crediting the support
34payments pursuant to sections 252B.14 and 598.22, payments
35received by the department of revenue and forwarded to the
-776-1collection services center shall be credited as if received
2directly by the collection services center.
3d. The notice shall provide that, as an alternative to the
4provisions of paragraph “b”, the individual may contact the
5 child support recovery unit services to formalize a repayment
6plan and obtain an exemption from the quarterly filing
7requirement when payments are made pursuant to the repayment
8plan or to contest the balance due listed in the notice.
9e. The department of revenue, in cooperation with the child
10support recovery unit services, may adopt rules, if necessary,
11to implement this subsection.
1221. To provide information contained in state individual
13tax returns to the child support recovery unit services
14 for the purposes of establishment or enforcement of support
15obligations. The department of revenue and child support
16recovery unit services may exchange information in a manual or
17automated fashion. The department of revenue, in cooperation
18with the child support recovery unit services, may adopt rules,
19if necessary, to implement this subsection.
20 Sec. 1119. Section 422.7, subsection 42, paragraph a,
21subparagraph (6), Code 2023, is amended to read as follows:
22(6) Subtract to the extent included the amount of a
23recruitment and retention bonus, not to exceed one thousand
24dollars, received by a child care worker through the
25recruitment and retention bonus program administered by the
26department of health and human services.
27 Sec. 1120. Section 422.12A, subsection 1, paragraph a, Code
282023, is amended to read as follows:
29a. “Adoption” means the permanent placement in this state of
30a child by the department of health and human services, by an
31adoption service provider as defined in section 600A.2, or by
32an agency that meets the provisions of the interstate compact
33in section 232.158.
34 Sec. 1121. Section 422.12A, subsection 5, Code 2023, is
35amended to read as follows:
-777- 15. The department of revenue and the department of health
2and human services shall each adopt rules to jointly administer
3this section.
4 Sec. 1122. Section 422.12K, subsection 3, Code 2023, is
5amended to read as follows:
63. The department of health and human services may authorize
7payment of moneys from the child abuse prevention program fund
8in accordance with section 235A.2.
9 Sec. 1123. Section 422D.6, subsection 3, paragraph b, Code
102023, is amended to read as follows:
11b. Nondisposable essential ambulance equipment, as defined
12by rule by the Iowa department of public health and human
13services.
14 Sec. 1124. Section 423.3, subsection 18, paragraphs b, c, d,
15and g, Code 2023, are amended to read as follows:
16b. Residential facilities licensed by the department of
17health and human services pursuant to chapter 237, other than
18those maintained by individuals as defined in section 237.1,
19subsection 7.
20c. Rehabilitation facilities that provide accredited
21rehabilitation services to persons with disabilities which are
22accredited by the commission on accreditation of rehabilitation
23facilities or the council on quality and leadership and adult
24day care services approved for reimbursement by the state
25 department of health and human services.
26d. Community mental health centers accredited by the
27department of health and human services pursuant to chapter
28225C.
29g. Substance abuse use disorder treatment or prevention
30programs that receive block grant funding from the Iowa
31 department of public health and human services.
32 Sec. 1125. Section 423.3, subsection 18, paragraph f,
33unnumbered paragraph 1, Code 2023, is amended to read as
34follows:
35Home and community-based services providers certified to
-778-1offer Medicaid waiver services by the department of health and
2 human services that are any of the following:
3 Sec. 1126. Section 423.3, subsections 31 and 58, Code 2023,
4are amended to read as follows:
531. a. The sales price of tangible personal property or
6specified digital products sold to and of services furnished
7to a tribal government as defined in section 216A.161, or the
8sales price of tangible personal property or specified digital
9products sold to and of services furnished, and used for public
10purposes sold to a tax-certifying or tax-levying body of the
11state or a governmental subdivision of the state, including the
12following: regional transit systems, as defined in section
13324A.1; the state board of regents; department of health
14and human services; state department of transportation; any
15municipally owned solid waste facility which sells all or part
16of its processed waste as fuel to a municipally owned public
17utility; and all divisions, boards, commissions, agencies,
18or instrumentalities of state, federal, county, municipal,
19or tribal government which have no earnings going to the
20benefit of an equity investor or stockholder, except any of the
21following:
22a. (1) The sales price of tangible personal property or
23specified digital products sold to, or of services furnished,
24and used by or in connection with the operation of any
25municipally owned public utility engaged in selling gas,
26electricity, heat, pay television service, or communication
27service to the general public.
28b. (2) The sales price of furnishing of sewage services to
29a county or municipality on behalf of nonresidential commercial
30operations.
31c. (3) The furnishing of solid waste collection and
32disposal service to a county or municipality on behalf of
33nonresidential commercial operations located within the county
34or municipality.
35b. For the purposes of this subsection, “tribal government”
-779-1 means the governing body of a federally recognized Indian
2tribe.
358. The sales price from the sale of items purchased with
4coupons, food stamps, electronic benefits transfer cards a
5supplemental nutrition assistance program benefit transfer
6instrument as defined in section 234.13, or other methods
7 method of payment authorized by the United States department
8of agriculture, and issued under the federal Food Stamp Act of
91977, 7 U.S.C. §2011 et seq.or under the federal supplemental
10nutritional assistance program established in 7 U.S.C. §2013.
11 Sec. 1127. Section 423.4, subsection 1, paragraph a,
12subparagraphs (4) and (9), Code 2023, are amended to read as
13follows:
14(4) A tax-certifying or tax-levying body or governmental
15subdivision of the state, including the state board of regents,
16state the department of health and human services, and the
17 state department of transportation.
18(9) A tribal government as defined in section 216A.161,
19and any instrumentalities of the tribal government which do
20not have earnings going to the benefit of an equity investor
21or stockholder. For the purposes of this subparagraph, “tribal
22government” means the governing body of a federally recognized
23Indian tribe.
24 Sec. 1128. Section 425.2, subsection 3, Code 2023, is
25amended to read as follows:
263. In case the owner of the homestead is in active service
27in the armed forces of this state or of the United States,
28or is sixty-five years of age or older, or is disabled, the
29statement and designation may be signed and delivered by any
30member of the owner’s family, by the owner’s guardian or
31conservator, or by any other person who may represent the owner
32under power of attorney. If the owner of the homestead is
33married, the spouse may sign and deliver the statement and
34designation. The director of health and human services or
35the director’s designee may make application for the benefits
-780-1of this subchapter as the agent for and on behalf of persons
2receiving assistance under chapter 249.
3 Sec. 1129. Section 425.16, subsection 2, paragraph b, Code
42023, is amended to read as follows:
5b. The reimbursement of rent constituting property taxes
6paid under this subchapter shall be administered by the
7department of health and human services as provided in this
8subchapter.
9 Sec. 1130. Section 425.17, subsection 3, Code 2023, is
10amended to read as follows:
113. “Gross rent” means rental paid at arm’s length for the
12right of occupancy of a homestead or manufactured or mobile
13home, including rent for space occupied by a manufactured or
14mobile home not to exceed one acre. If the department of
15health and human services determines that the landlord and
16tenant have not dealt with each other at arm’s length, and the
17department of health and human services is satisfied that the
18gross rent charged was excessive, the department of health and
19 human services shall adjust the gross rent to a reasonable
20amount as determined by the department of health and human
21services.
22 Sec. 1131. Section 425.18, Code 2023, is amended to read as
23follows:
24425.18 Right to file a claim.
25The right to file a claim for reimbursement or credit under
26this subchapter may be exercised by the claimant or on behalf
27of a claimant by the claimant’s legal guardian, spouse, or
28attorney, or by the executor or administrator of the claimant’s
29estate. If a claimant dies after having filed a claim for
30reimbursement for rent constituting property taxes paid, the
31amount of the reimbursement may be paid to another member of
32the household as determined by the department of health and
33 human services. If the claimant was the only member of the
34household, the reimbursement may be paid to the claimant’s
35executor or administrator, but if neither is appointed and
-781-1qualified within one year from the date of the filing of
2the claim, the reimbursement shall escheat to the state. If
3a claimant dies after having filed a claim for credit for
4property taxes due, the amount of credit shall be paid as if
5the claimant had not died.
6 Sec. 1132. Section 425.19, Code 2023, is amended to read as
7follows:
8425.19 Claim and credit or reimbursement.
9Subject to the limitations provided in this subchapter, a
10claimant may annually claim a credit for property taxes due
11during the fiscal year next following the base year or claim
12a reimbursement for rent constituting property taxes paid in
13the base year. The amount of the credit for property taxes
14due for a homestead shall be paid on June 15 of each year
15from the elderly and disabled property tax credit fund under
16section 425.39, subsection 1, by the director of revenue to
17the county treasurer who shall credit the money received
18against the amount of the property taxes due and payable on the
19homestead of the claimant and the amount of the reimbursement
20for rent constituting property taxes paid shall be paid by the
21director of health and human services to the claimant from the
22reimbursement fund under section 425.39, subsection 2, on or
23before December 31 of each year.
24 Sec. 1133. Section 425.20, subsections 1 and 3, Code 2023,
25are amended to read as follows:
261. A claim for reimbursement for rent constituting property
27taxes paid shall not be paid or allowed, unless the claim is
28filed with and in the possession of the department of health
29and human services on or before June 1 of the year following
30the base year.
313. In case of sickness, absence, or other disability of
32the claimant or if, in the judgment of the director of revenue
33or the director of health and human services, as applicable,
34good cause exists and the claimant requests an extension, the
35director of health and human services may extend the time for
-782-1filing a claim for reimbursement and the director of revenue
2may extend the time for filing a claim for credit. However,
3any further time granted shall not extend beyond December 31
4of the year following the year in which the claim was required
5to be filed. Claims filed as a result of this subsection shall
6be filed with the director of health and human services or the
7director of revenue, as applicable, who shall provide for the
8reimbursement of the claim to the claimant.
9 Sec. 1134. Section 425.25, subsection 2, Code 2023, is
10amended to read as follows:
112. The director of health and human services shall make
12available suitable forms with instructions for claimants of the
13reimbursement for rent constituting property taxes paid. The
14claim shall be in a form as the director of health and human
15services may prescribe. The director of revenue shall devise a
16reimbursement table with amounts rounded to the nearest even
17whole dollar and provide such table to the director of health
18and human services. Reimbursements in the amount of less than
19one dollar shall not be paid.
20 Sec. 1135. Section 425.26, subsection 2, unnumbered
21paragraph 1, Code 2023, is amended to read as follows:
22Every claimant for reimbursement of rent constituting
23property taxes paid shall give the department of health and
24 human services, in support of the claim, reasonable proof of:
25 Sec. 1136. Section 425.26, subsection 3, Code 2023, is
26amended to read as follows:
273. The department of revenue or the department of health and
28 human services may require any additional proof necessary to
29support a claim.
30 Sec. 1137. Section 425.27, subsection 1, paragraph b, Code
312023, is amended to read as follows:
32b. The department of health and human services is
33responsible for the audit of claims for reimbursement for rent
34constituting property taxes paid under this subchapter.
35 Sec. 1138. Section 425.27, subsection 3, Code 2023, is
-783-1amended to read as follows:
23. If on the audit of a claim for reimbursement for rent
3constituting property taxes paid under this subchapter, the
4department of health and human services determines the amount
5of the claim to have been incorrectly calculated or that the
6claim is not allowable, the department of health and human
7services shall recalculate the claim and notify the claimant
8of the recalculation or denial and the reasons for it. The
9recalculation of the claim shall be final unless appealed
10to the director of health and human services within thirty
11days from the date of notice of recalculation or denial. The
12director of health and human services shall grant a hearing,
13and upon hearing determine the correct claim, if any, and
14notify the claimant of the decision by mail. The department of
15health and human services shall not adjust a claim after three
16years from October 31 of the year in which the claim was filed.
17If the claim for reimbursement has been paid, the amount may be
18recovered by the department of health and human services. The
19decision of the director of health and human services shall be
20final unless appealed as provided in section 425.31.
21 Sec. 1139. Section 425.27, subsection 4, paragraph b, Code
222023, is amended to read as follows:
23b. For the purpose of administering the reimbursement for
24rent constituting property taxes paid, including the duties of
25the director of health and human services and the department of
26health and human services under this subchapter, the director
27of health and human services shall have the same powers as
28those described in section 422.70.
29 Sec. 1140. Section 425.28, subsections 2, 3, and 4, Code
302023, are amended to read as follows:
312. A claimant for reimbursement of rent constituting
32property taxes paid shall expressly waive any right to
33confidentiality relating to all income tax information
34obtainable by the department of health and human services.
353. For the effective administration of this subchapter, the
-784-1department of revenue and the department of health and human
2services shall share information obtained by each department
3from claimants under this subchapter.
44. In addition to the sharing of information under
5subsection 3, the department of health and human services may
6release information pertaining to a person’s eligibility or
7claim for or receipt of rent reimbursement to an employee of
8the department of inspections and appeals in the employee’s
9official conduct of an audit or investigation.
10 Sec. 1141. Section 425.29, subsection 3, Code 2023, is
11amended to read as follows:
123. In the case of a claim for reimbursement disallowed by
13the department of health and human services, the department of
14health and human services may impose penalties described in
15section 421.27. The department of health and human services
16shall send a notice of disallowance of the claim.
17 Sec. 1142. Section 425.31, subsections 2, 3, and 4, Code
182023, are amended to read as follows:
192. Judicial review of the actions of the director of health
20and human services or the department of health and human
21services under this subchapter may be sought in accordance with
22the terms of chapter 17A and the rules of the department of
23health and human services.
243. For cause and upon a showing by the director of revenue
25or the director of health and human services, as applicable,
26that collection of the amount in dispute is in doubt, the
27court may order the petitioner to file with the clerk a bond
28for the use of the respondent, with sureties approved by the
29clerk, equal to the amount appealed from, conditioned that the
30petitioner shall perform the orders of the court.
314. An appeal may be taken by the claimant or the director
32of revenue or the director of health and human services, as
33applicable, to the supreme court of this state irrespective of
34the amount involved.
35 Sec. 1143. Section 425.33, subsection 1, Code 2023, is
-785-1amended to read as follows:
21. If upon petition by a claimant the department of health
3and human services determines that a landlord has increased the
4claimant’s rent primarily because the claimant is eligible for
5reimbursement under this subchapter, the department of health
6and human services shall request the landlord by mail to reduce
7the rent appropriately.
8 Sec. 1144. Section 425.33, subsection 2, unnumbered
9paragraph 1, Code 2023, is amended to read as follows:
10In determining whether a landlord has increased a
11claimant’s rent primarily because the claimant is eligible for
12reimbursement under this subchapter, the department of health
13and human services shall consider the following factors:
14 Sec. 1145. Section 425.33, subsection 3, Code 2023, is
15amended to read as follows:
163. If the landlord fails to comply with the request of the
17department of health and human services within fifteen days
18after the request is mailed, the department of health and human
19services shall order the rent reduced by an appropriate amount.
20 Sec. 1146. Section 425.34, subsection 1, Code 2023, is
21amended to read as follows:
221. If the department of health and human services orders a
23landlord to reduce rent to a claimant, then upon the request
24of the landlord the department of health and human services
25shall hold a prompt hearing of the matter, to be conducted in
26accordance with the rules of the department. The department of
27health and human services shall give notice of the decision by
28mail to the claimant and to the landlord.
29 Sec. 1147. Section 425.37, Code 2023, is amended to read as
30follows:
31425.37 Rules.
32The director of revenue and the director of health and human
33services shall each adopt rules in accordance with chapter
3417A for the interpretation and proper administration of this
35subchapter and each department’s applicable powers and duties
-786-1under this subchapter, including rules to prevent and disallow
2duplication of benefits and to prevent any unreasonable
3hardship or advantage to any person.
4 Sec. 1148. Section 425.39, subsection 2, Code 2023, is
5amended to read as follows:
62. The elderly and disabled rent reimbursement fund is
7created. There is appropriated annually from the general fund
8of the state to the department of health and human services
9to be credited to the elderly and disabled rent reimbursement
10fund, from funds not otherwise appropriated, an amount
11sufficient to implement this subchapter for reimbursement for
12rent constituting property taxes paid for claimants described
13in section 425.17, subsection 2, paragraph “a”, subparagraph
14(1).
15 Sec. 1149. Section 425.40, Code 2023, is amended to read as
16follows:
17425.40 Low-income fund created.
181. A low-income tax credit and reimbursement fund is
19created. Within the low-income tax credit and reimbursement
20fund, a rent reimbursement account is created under the control
21of the department of health and human services and a tax
22credit account is created under the control of the department
23of revenue. Amounts appropriated to the fund shall first be
24credited to the rent reimbursement account.
252. a. The director of health and human services shall use
26amounts credited to the rent reimbursement account for a fiscal
27year to pay all claims for reimbursement of rent constituting
28property taxes paid for claimants described in section 425.17,
29subsection 2, paragraph “a”, subparagraph (2). If the amount
30appropriated for purposes of this section for a fiscal year
31and credited to the rent reimbursement account is insufficient
32to pay all claims in full, the director of health and human
33services shall pay all such claims on a pro rata basis.
34b. If the amount appropriated for purposes of this section
35for a fiscal year and credited to the rent reimbursement
-787-1account exceeds the amount necessary to pay in full all
2reimbursement claims for the fiscal year, the department of
3health and human services shall transfer such excess amount
4to the department of revenue for deposit in the tax credit
5account. The department of revenue shall use any amounts
6credited to the tax credit account for a fiscal year to pay to
7the counties all claims for credit for property taxes due for
8the fiscal year, or if such amount is insufficient, to pay to
9the counties all such claims on a pro rata basis.
103. In order for the director of revenue or the director
11of health and human services to carry out the requirements of
12 subsection 2, notwithstanding any provision to the contrary in
13this subchapter, claims for reimbursement for rent constituting
14property taxes paid filed before May 1 of the fiscal year
15shall be eligible to be paid in full during the fiscal year
16and those claims filed on or after May 1 of the fiscal year
17shall be eligible to be paid during the following fiscal year
18and the director of revenue is not required to make payments
19to counties for the property tax credit before June 15 of the
20fiscal year.
21 Sec. 1150. Section 426B.1, Code 2023, is amended to read as
22follows:
23426B.1 Appropriations — property tax relief fund.
241. A property tax relief fund is created in the state
25treasury under the authority of the department of health
26and human services. The fund shall be separate from the
27general fund of the state and shall not be considered part
28of the general fund of the state except in determining the
29cash position of the state for payment of state obligations.
30The moneys in the fund are not subject to the provisions of
31section 8.33 and shall not be transferred, used, obligated,
32appropriated, or otherwise encumbered except as provided in
33this chapter. Moneys in the fund may be used for cash flow
34purposes, provided that any moneys so allocated are returned
35to the fund by the end of each fiscal year. However, the
-788-1fund shall be considered a special account for the purposes
2of section 8.53, relating to elimination of any GAAP deficit.
3For the purposes of this chapter, unless the context otherwise
4requires, “property tax relief fund” means the property tax
5relief fund created in this section.
62. Moneys shall be distributed from the property tax relief
7fund to the mental health and disability services regional
8service system for mental health and disabilities disability
9 services, in accordance with the appropriations made to the
10fund and other statutory requirements.
11 Sec. 1151. Section 426B.2, Code 2023, is amended to read as
12follows:
13426B.2 Property tax relief fund payments.
14The director of health and human services shall draw
15warrants on the property tax relief fund, payable to
16the regional administrator in the amount due to a mental
17health and disability services region in accordance with
18statutory requirements, and mail the warrants to the regional
19administrator in July and January of each year.
20 Sec. 1152. Section 426B.4, Code 2023, is amended to read as
21follows:
22426B.4 Rules.
23The mental health and disability services commission shall
24consult with regional administrators and the director of health
25and human services in prescribing forms and adopting rules
26pursuant to chapter 17A to administer this chapter.
27 Sec. 1153. Section 427.9, Code 2023, is amended to read as
28follows:
29427.9 Suspension of taxes, assessments, and rates or charges,
30including interest, fees, and costs.
31If a person is a recipient of federal supplementary security
32income or state supplementary assistance, as defined in
33section 249.1, or is a resident of a health care facility, as
34defined by section 135C.1, which is receiving payment from
35the department of health and human services for the person’s
-789-1care, the person shall be deemed to be unable to contribute to
2the public revenue. The director of health and human services
3shall notify a person receiving such assistance of the tax
4suspension provision and shall provide the person with evidence
5to present to the appropriate county board of supervisors which
6shows the person’s eligibility for tax suspension on parcels
7owned, possessed, or upon which the person is paying taxes
8as a purchaser under contract. The board of supervisors so
9notified, without the filing of a petition and statement as
10specified in section 427.8, shall order the county treasurer to
11suspend the collection of all the taxes, special assessments,
12and rates or charges, including interest, fees, and costs,
13assessed against the parcels and remaining unpaid by the person
14or contractually payable by the person, for such time as the
15person remains the owner or contractually prospective owner
16of the parcels, and during the period the person receives
17assistance as described in this section. The county board of
18supervisors shall annually send to the department of health
19and human services the names and social security numbers of
20persons receiving a tax suspension pursuant to this section.
21The department shall verify the continued eligibility for tax
22suspension of each name on the list and shall return the list
23to the board of supervisors. The director of health and human
24services shall advise the person that the person may apply for
25an additional property tax credit pursuant to sections 425.16
26through 425.37 which shall be credited against the amount of
27the taxes suspended.
28 Sec. 1154. Section 432.13, Code 2023, is amended to read as
29follows:
30432.13 Premium tax exemption — hawk-i Hawki program — state
31employee benefits.
321. Premiums collected by participating insurers under
33chapter 514I are exempt from premium tax.
342. Premiums received for benefits acquired on behalf of
35state employees by the department of administrative services
-790-1pursuant to section 8A.402, subsection 1, and by the state
2board of regents pursuant to chapter 262, are exempt from
3premium tax.
4 Sec. 1155. Section 453A.13, subsection 2, paragraph c, Code
52023, is amended to read as follows:
6c. The department, or a city or county, shall submit
7a duplicate of any application for a retail permit to the
8alcoholic beverages division of the department of commerce
9within thirty days of the issuance. The alcoholic beverages
10division of the department of commerce shall submit the current
11list of all retail permits issued to the Iowa department of
12public health and human services by the last day of each
13quarter of a state fiscal year.
14 Sec. 1156. Section 453A.35A, subsection 2, Code 2023, is
15amended to read as follows:
162. Moneys in the fund shall be used only for purposes
17related to health care, substance abuse use disorder treatment
18and prevention, and tobacco use prevention, cessation, and
19control.
20 Sec. 1157. Section 453A.47A, subsection 6, Code 2023, is
21amended to read as follows:
226. Issuance. Cities may issue retail permits to retailers
23located within their respective limits. County boards of
24supervisors may issue retail permits to retailers located in
25their respective counties, outside of the corporate limits of
26cities. The city or county shall submit a duplicate of any
27application for a retail permit to the alcoholic beverages
28division of the department of commerce within thirty days of
29issuance of a permit. The alcoholic beverages division of the
30department of commerce shall submit the current list of all
31retail permits issued to the Iowa department of public health
32and human services by the last day of each quarter of a state
33fiscal year.
34 Sec. 1158. Section 455B.190A, subsection 3, paragraph b,
35subparagraph (5), Code 2023, is amended to read as follows:
-791- 1(5) The director of public health and human services or the
2director’s designee.
3 Sec. 1159. Section 455B.335A, subsection 1, Code 2023, is
4amended to read as follows:
51. The director shall require that a person who operates
6or proposes to operate a waste incinerator which provides for
7the incineration of pathological radioactive materials conduct
8dispersion modeling, under the direction of the Iowa department
9of public health and human services, for radiological isotopes
10to measure the emission levels of alpha and gamma rays. The
11director shall allow a three-month period during which time the
12operator or person proposing operation of such an incinerator
13shall conduct the required dispersion modeling. In order to
14initiate or continue such incineration, the results of the
15modeling shall provide that the existing incinerator meets
16or the proposed incinerator will meet the emission standards
17established by the United States environmental protection
18agency for a selected isotope.
19 Sec. 1160. Section 455B.427, subsection 2, paragraph c,
20Code 2023, is amended to read as follows:
21c. A summary of serious health problems in the immediate
22vicinity of the site and health problems deemed by the director
23in cooperation with the Iowa department of public health and
24human services to be related to conditions at the site.
25 Sec. 1161. Section 455B.427, subsection 3, unnumbered
26paragraph 1, Code 2023, is amended to read as follows:
27In developing and maintaining the annual report, the
28director shall assess the relative priority of the need for
29action at each site to remedy environmental and health problems
30resulting from the presence of hazardous wastes or hazardous
31substances at the sites. In making assessments of relative
32priority, the director, in cooperation with the Iowa department
33of public health and human services on matters relating to
34public health, shall place every site in one of the following
35classifications:
-792-1 Sec. 1162. Section 455B.427, subsection 5, Code 2023, is
2amended to read as follows:
35. The director shall work with the Iowa department of
4public health and human services when assessing the effects of
5a hazardous waste or hazardous substance disposal site on human
6health.
7 Sec. 1163. Section 455E.11, subsection 2, paragraph a,
8subparagraph (2), subparagraph division (a), subparagraph
9subdivision (i), Code 2023, is amended to read as follows:
10(i) Eight thousand dollars shall be transferred to the Iowa
11 department of public health and human services for departmental
12duties required under section sections 135.11, subsections 18
13and 19, and section 139A.21.
14 Sec. 1164. Section 455E.11, subsection 2, paragraph b,
15subparagraph (1), Code 2023, is amended to read as follows:
16(1) Nine thousand dollars of the account is appropriated
17to the Iowa department of public health and human services for
18carrying out the departmental duties under section sections
19 135.11, subsections 18 and 19, and section 139A.21.
20 Sec. 1165. Section 455E.11, subsection 2, paragraph
21b, subparagraph (2), subparagraph division (b), unnumbered
22paragraph 1, Code 2023, is amended to read as follows:
23Two percent is appropriated annually to the department and,
24except for administrative expenses, is transferred to the Iowa
25 department of public health and human services for the purpose
26of administering grants to counties and conducting oversight of
27county-based programs for the testing of private rural water
28supply wells, private rural water supply well sealing, and the
29proper closure of private rural abandoned wells and cisterns.
30Not more than thirty-five percent of the moneys is appropriated
31annually for grants to counties for the purpose of conducting
32programs of private rural water supply testing, private rural
33water supply well sealing, the proper closure of private rural
34abandoned wells and cisterns, or any combination thereof.
35An amount agreed to by the department of natural resources
-793-1and the Iowa department of public health and human services
2 shall be retained by the department of natural resources for
3administrative expenses.
4 Sec. 1166. Section 455E.11, subsection 2, paragraph c,
5subparagraph (1), Code 2023, is amended to read as follows:
6(1) The moneys collected pursuant to section 455F.7
7and moneys collected pursuant to section 29C.8A which are
8designated for deposit shall be deposited in the household
9hazardous waste account. Two thousand dollars is appropriated
10annually to the Iowa department of public health and human
11services to carry out departmental duties under section
12 sections 135.11, subsections 18 and 19, and section 139A.21.
13The remainder of the account shall be used to fund the efforts
14of the department to support a collection system for household
15hazardous materials, including public education programs,
16training, and consultation of local governments in the
17establishment and operation of permanent collection systems,
18and the management of collection sites, education programs,
19and other activities pursuant to chapter 455F, including the
20administration of the household hazardous materials retailer
21permit program by the department of revenue.
22 Sec. 1167. Section 455E.11, subsection 2, paragraph d,
23subparagraph (1), Code 2023, is amended to read as follows:
24(1) One thousand dollars is appropriated annually to
25the Iowa department of public health and human services to
26carry out departmental duties under section sections 135.11,
27subsections 18 and 19, and section 139A.21.
28 Sec. 1168. Section 462A.14, subsection 2, paragraph a,
29subparagraph (4), Code 2023, is amended to read as follows:
30(4) Assignment to substance abuse use disorder evaluation
31and treatment, pursuant to subsection 12, and a course for
32drinking drivers.
33 Sec. 1169. Section 462A.14, subsection 2, paragraph b,
34subparagraph (4), Code 2023, is amended to read as follows:
35(4) Assignment to substance abuse use disorder evaluation
-794-1and treatment, pursuant to subsections 12 and 13, and a course
2for drinking drivers.
3 Sec. 1170. Section 462A.14, subsection 2, paragraph c,
4subparagraph (4), Code 2023, is amended to read as follows:
5(4) Assignment to substance abuse use disorder evaluation
6and treatment, pursuant to subsections 12 and 13, and a course
7for drinking drivers.
8 Sec. 1171. Section 462A.14, subsection 2, paragraphs d and
9e, Code 2023, are amended to read as follows:
10d. A class “D” felony for any offense under this
11section resulting in serious injury to persons other than
12the defendant, if the court determines that the person who
13committed the offense caused the serious injury, and shall
14be imprisoned for a determinate sentence of not more than
15five years but not less than thirty days, or committed to the
16custody of the director of the department of corrections, and
17assessed a fine of not less than two thousand five hundred
18dollars nor more than seven thousand five hundred dollars. A
19person convicted of a felony offense may be committed to the
20custody of the director of the department of corrections, who
21shall assign the person to a facility pursuant to section
22904.513. The court shall also order that the person not
23operate a motorboat or sailboat for one year in addition to
24any other period of time the defendant would have been ordered
25not to operate if no injury had occurred in connection with
26the violation. The court shall also assign the defendant to
27substance abuse use disorder evaluation and treatment pursuant
28to subsections 12 and 13, and a course for drinking drivers.
29e. A class “B” felony for any offense under this section
30resulting in the death of persons other than the defendant, if
31the court determines that the person who committed the offense
32caused the death, and shall be imprisoned for a determinate
33sentence of not more than twenty-five years, or committed to
34the custody of the director of the department of corrections.
35A person convicted of a felony offense may be committed to
-795-1the custody of the director of the department of corrections,
2who shall assign the person to a facility pursuant to section
3904.513. The court shall also order that the person not
4operate a motorboat or sailboat for six years. The court shall
5also assign the defendant to substance abuse use disorder
6 evaluation and treatment pursuant to subsections 12 and 13, and
7a course for drinking drivers.
8 Sec. 1172. Section 462A.14, subsection 12, Code 2023, is
9amended to read as follows:
1012. a. All substance abuse use disorder evaluations
11required under this section shall be completed at the
12defendant’s expense.
13b. In addition to assignment to substance abuse use disorder
14 evaluation and treatment under this section, the court shall
15order any defendant convicted under this section to follow the
16recommendations proposed in the substance abuse use disorder
17 evaluation for appropriate substance abuse use disorder
18 treatment for the defendant. Court-ordered substance abuse
19 use disorder treatment is subject to the periodic reporting
20requirements of section 125.86.
21c. If a defendant is committed by the court to a substance
22abuse use disorder treatment facility, the administrator of the
23facility shall report to the court when it is determined that
24the defendant has received the maximum benefit of treatment
25at the facility and the defendant shall be released from the
26facility. The time for which the defendant is committed for
27treatment shall be credited against the defendant’s sentence.
28d. The court may prescribe the length of time for the
29evaluation and treatment or the court may request that the
30community college or licensed substance abuse use disorder
31 program conducting the course for drinking drivers which the
32defendant is ordered to attend or the treatment program to
33which the defendant is committed immediately report to the
34court when the defendant has received maximum benefit from
35the course for drinking drivers or treatment program or has
-796-1recovered from the defendant’s addiction, dependency, or
2tendency to chronically abuse use alcohol or drugs.
3e. Upon successfully completing a course for drinking
4drivers or an ordered substance abuse use disorder treatment
5program, a court may place the defendant on probation for six
6months and as a condition of probation, the defendant shall
7attend a program providing posttreatment services relating to
8substance abuse use disorder as approved by the court.
9f. A defendant committed under this section who does not
10possess sufficient income or estate to make payment of the
11costs of the treatment in whole or in part shall be considered
12a state patient and the costs of treatment shall be paid as
13provided in section 125.44.
14g. A defendant who fails to carry out the order of the
15court shall be confined in the county jail for twenty days in
16addition to any other imprisonment ordered by the court or may
17be ordered to perform unpaid community service work, and shall
18be placed on probation for one year with a violation of this
19probation punishable as contempt of court.
20h. In addition to any other condition of probation, the
21defendant shall attend a program providing substance abuse use
22disorder prevention services or posttreatment services related
23to substance abuse use disorder as ordered by the court. The
24defendant shall report to the defendant’s probation officer as
25ordered concerning proof of attendance at the treatment program
26or posttreatment program ordered by the court. Failure to
27attend or complete the program shall be considered a violation
28of probation and is punishable as contempt of court.
29 Sec. 1173. Section 466B.3, subsection 4, paragraph c, Code
302023, is amended to read as follows:
31c. The director of the department of public health and human
32services or the director’s designee.
33 Sec. 1174. Section 470.5, Code 2023, is amended to read as
34follows:
35470.5 Exceptions.
-797- 1This chapter does not apply to buildings used on January 1,
21980, by the division of adult corrections of the department
3of health and human services as maximum security detention
4facilities or to the renovation of property nominated to, or
5entered in the national register of historic places, designated
6by statute, or included in an established list of historic
7places compiled by the historical division of the department of
8cultural affairs.
9 Sec. 1175. Section 476.20, subsection 2, Code 2023, is
10amended to read as follows:
112. The board shall establish rules requiring a regulated
12public utility furnishing gas or electricity to include in
13the utility’s notice of pending disconnection of service a
14written statement advising the customer that the customer
15may be eligible to participate in the low income home energy
16assistance program or weatherization assistance program
17administered by the division of community action agencies
18of the department of health and human rights services. The
19written statement shall list the address and telephone number
20of the local agency which is administering the customer’s low
21income home energy assistance program and the weatherization
22assistance program. The written statement shall also state
23that the customer is advised to contact the public utility
24to settle any of the customer’s complaints with the public
25utility, but if a complaint is not settled to the customer’s
26satisfaction, the customer may file the complaint with the
27board. The written statement shall include the address
28and phone number of the board. If the notice of pending
29disconnection of service applies to a residence, the written
30statement shall advise that the disconnection does not apply
31from November 1 through April 1 for a resident who is a “head
32of household”, as defined in section 422.4, and who has been
33certified to the public utility by the local agency which is
34administering the low income home energy assistance program and
35weatherization assistance program as being eligible for either
-798-1the low income home energy assistance program or weatherization
2assistance program, and that if such a resident resides within
3the serviced residence, the customer should promptly have
4the qualifying resident notify the local agency which is
5administering the low income home energy assistance program and
6weatherization assistance program. The board shall establish
7rules requiring that the written notice contain additional
8information as it deems necessary and appropriate.
9 Sec. 1176. Section 476.51, subsection 5, Code 2023, is
10amended to read as follows:
115. Civil penalties collected pursuant to this section from
12utilities providing water, electric, or gas service shall
13be forwarded by the chief operating officer of the board to
14the treasurer of state to be credited to the general fund of
15the state and to be used only for the low income home energy
16assistance program and the weatherization assistance program
17administered by the division of community action agencies of
18the department of health and human rights services. Civil
19penalties collected pursuant to this section from utilities
20providing telecommunications service shall be forwarded to
21the treasurer of state to be credited to the department of
22commerce revolving fund created in section 546.12 to be used
23only for consumer education programs administered by the board.
24Penalties paid by a rate-regulated public utility pursuant to
25this section shall be excluded from the utility’s costs when
26determining the utility’s revenue requirement, and shall not be
27included either directly or indirectly in the utility’s rates
28or charges to customers.
29 Sec. 1177. Section 476.66, subsection 6, Code 2023, is
30amended to read as follows:
316. The rules established by the utilities board shall
32require an annual report to be filed for each fund. The
33utilities board shall compile an annual statewide report of the
34fund results. The division of community action agencies of the
35 department of health and human rights services shall prepare
-799-1an annual report of the unmet need for energy assistance
2and weatherization. Both reports shall be submitted to the
3appropriations committees of the general assembly on the first
4day of the following session.
5 Sec. 1178. Section 477C.5, subsection 2, paragraph c, Code
62023, is amended to read as follows:
7c. One representative from the office of deaf services of
8the department of health and human rights services.
9 Sec. 1179. Section 478.29, subsection 1, Code 2023, is
10amended to read as follows:
111. A person who violates a provision of this chapter is
12subject to a civil penalty, which may be levied by the board,
13of not more than one hundred dollars per violation or one
14thousand dollars per day of a continuing violation, whichever
15is greater. Civil penalties collected pursuant to this section
16shall be forwarded by the chief operating officer of the board
17to the treasurer of state to be credited to the general fund of
18the state and appropriated to the division of community action
19agencies of the department of health and human rights services
20 for purposes of the low income home energy assistance program
21and the weatherization assistance program.
22 Sec. 1180. Section 479.31, subsection 1, Code 2023, is
23amended to read as follows:
241. A person who violates this chapter or any rule or
25order issued pursuant to this chapter shall be subject to
26a civil penalty levied by the board in accordance with 49
27C.F.R. §190.223. Each day that the violation continues shall
28constitute a separate offense. Civil penalties collected
29pursuant to this section shall be forwarded by the chief
30operating officer of the board to the treasurer of state to be
31credited to the general fund of the state and appropriated to
32the division of community action agencies of the department
33of health and human rights services for purposes of the low
34income home energy assistance program and the weatherization
35assistance program.
-800-1 Sec. 1181. Section 479B.21, subsection 1, Code 2023, is
2amended to read as follows:
31. A person who violates this chapter or any rule or
4order issued pursuant to this chapter shall be subject to a
5civil penalty levied by the board in an amount not to exceed
6one thousand dollars for each violation. Each day that the
7violation continues shall constitute a separate offense.
8However, the maximum civil penalty shall not exceed two hundred
9thousand dollars for any related series of violations. Civil
10penalties collected pursuant to this section shall be forwarded
11by the chief operating officer of the board to the treasurer
12of state to be credited to the general fund of the state and
13appropriated to the division of community action agencies of
14the department of health and human rights services for purposes
15of the low income home energy assistance program and the
16weatherization assistance program.
17 Sec. 1182. Section 483A.24, subsections 7 and 15, Code 2023,
18are amended to read as follows:
197. A license shall not be required of minor pupils of the
20Iowa braille and sight saving school, Iowa school for the deaf,
21or of minor residents of other state institutions under the
22control of an administrator of a division of the department
23of health and human services. In addition, a person who is
24on active duty with the armed forces of the United States,
25on authorized leave from a duty station located outside of
26this state, and a resident of the state of Iowa shall not be
27required to have a license to hunt or fish in this state. The
28military person shall carry the person’s leave papers and a
29copy of the person’s current earnings statement showing a
30deduction for Iowa income taxes while hunting or fishing. In
31lieu of carrying the person’s earnings statement, the military
32person may also claim residency if the person is registered to
33vote in this state. If a deer or wild turkey is taken, the
34military person shall immediately contact a state conservation
35officer to obtain an appropriate tag to transport the animal.
-801-1A license shall not be required of residents of county care
2facilities or any person who is receiving supplementary
3assistance under chapter 249.
415. The department may issue a permit, subject to conditions
5established by the department, which authorizes patients of a
6substance abuse use disorder facility, residents of health care
7facilities licensed under chapter 135C, tenants of elder group
8homes licensed under chapter 231B, tenants of assisted living
9program facilities licensed under chapter 231C, participants
10who attend adult day services programs licensed under chapter
11231D, participants in services funded under a federal home and
12community-based services waiver implemented under the medical
13assistance program as defined in chapter 249A, and persons
14cared for in juvenile shelter care homes as provided for in
15chapter 232 to fish without a license as a supervised group.
16A person supervising a group pursuant to this subsection may
17fish with the group pursuant to the permit and is not required
18to obtain a fishing license.
19 Sec. 1183. Section 505.16, subsection 2, Code 2023, is
20amended to read as follows:
212. The insurance commissioner shall approve rules for
22carrying out this section including rules relating to the
23preparation of information to be provided before and after a
24test and the protection of confidentiality of personal and
25medical records of insurance applicants and policyholders.
26The rules shall require a person engaged in the business
27of insurance who receives results of a positive human
28immunodeficiency virus test of an insurance applicant or
29policyholder to report those results to a physician or
30alternative testing site of the applicant’s or policyholder’s
31choice, or if the applicant or policyholder does not choose a
32physician or alternative testing site to receive the results,
33to the Iowa department of public health and human services.
34 Sec. 1184. Section 505.25, Code 2023, is amended to read as
35follows:
-802- 1505.25 Information provided to medical assistance program,
2hawk-i Hawki program, and child support recovery unit services.
3A carrier, as defined in section 514C.13, shall enter into
4a health insurance data match program with the department of
5health and human services for the sole purpose of comparing the
6names of the carrier’s insureds with the names of recipients of
7the medical assistance program under chapter 249A, individuals
8under the purview of the child support recovery unit services
9 pursuant to chapter 252B, or enrollees of the hawk-i Hawki
10 program under chapter 514I.
11 Sec. 1185. Section 505.34, Code 2023, is amended to read as
12follows:
13505.34 Medical assistance and hawk-i Hawki programs —
14applicability of subtitle.
151. The medical assistance program under chapter 249A and
16the healthy and well kids in Iowa (hawk-i) (Hawki) program
17under chapter 514I shall not be subject to this subtitle unless
18otherwise provided by law.
192. A managed care organization acting pursuant to a contract
20with the department of health and human services to administer
21the medical assistance program under chapter 249A, or the
22healthy and well kids in the Iowa (hawk-i) (Hawki) program
23under chapter 514I, shall not be subject to this subtitle
24unless otherwise provided by law.
25 Sec. 1186. Section 508C.5, subsection 13, paragraph f, Code
262023, is amended to read as follows:
27f. An entity whose only business in this state is operating
28as a managed care organization. For purposes of this
29paragraph, “managed care organization” means an entity that is
30under contract with the Iowa department of health and human
31services to provide services to Medicaid recipients and that
32also meets the definition of “health maintenance organization”
33in section 514B.1.
34 Sec. 1187. Section 509.1, subsection 7, Code 2023, is
35amended to read as follows:
-803- 17. A policy issued to the department of health and human
2services, which shall be deemed the policyholder, to insure
3eligible persons for medical assistance, or for both mandatory
4medical assistance and optional medical assistance, as defined
5by chapter 249A as hereafter amended.
6 Sec. 1188. Section 509.3A, subsection 12, Code 2023, is
7amended to read as follows:
812. The hawk-i Hawki program authorized by chapter 514I.
9 Sec. 1189. Section 510B.1, subsections 9 and 22, Code 2023,
10are amended to read as follows:
119. “Health carrier” means an entity subject to the
12insurance laws and regulations of this state, or subject
13to the jurisdiction of the commissioner, including an
14insurance company offering sickness and accident plans, a
15health maintenance organization, a nonprofit health service
16corporation, or a plan established pursuant to chapter 509A for
17public employees. “Health carrier” does not include any of the
18following:
19a. The department of health and human services.
20b. A managed care organization acting pursuant to a contract
21with the department of health and human services to administer
22the medical assistance program under chapter 249A or the
23healthy and well kids in Iowa (hawk-i) (Hawki) program under
24chapter 514I.
25c. A policy or contract providing a prescription drug
26benefit pursuant to 42 U.S.C.ch.7, subch.XVIII, part D.
27d. A plan offered or maintained by a multiple employer
28welfare arrangement established under chapter 513D before
29January 1, 2022.
3022. “Third-party payor” means any entity other than a
31covered person or a health care provider that is responsible
32for any amount of reimbursement for a prescription drug
33benefit. “Third-party payor” includes health carriers and other
34entities that provide a plan of health insurance or health
35care benefits. “Third-party payor” does not include any of the
-804-1following:
2a. The department of health and human services.
3b. A managed care organization acting pursuant to a contract
4with the department of health and human services to administer
5the medical assistance program under chapter 249A or the
6healthy and well kids in Iowa (hawk-i) (Hawki) program under
7chapter 514I.
8c. A policy or contract providing a prescription drug
9benefit pursuant to 42 U.S.C.ch.7, subch.XVIII, part D.
10 Sec. 1190. Section 513B.2, subsection 8, paragraph l, Code
112023, is amended to read as follows:
12l. The hawk-i Hawki program authorized by chapter 514I.
13 Sec. 1191. Section 513C.3, subsection 12, paragraph d, Code
142023, is amended to read as follows:
15d. Loss of eligibility for the hawk-i Hawki program
16authorized in chapter 514I.
17 Sec. 1192. Section 514.1, subsection 2, paragraph c, Code
182023, is amended to read as follows:
19c. “Subscriber” means an individual who enters into a
20contract for health care services with a corporation subject
21to this chapter and includes a person eligible for mandatory
22medical assistance or optional medical assistance as defined
23under chapter 249A, with respect to whom the department of
24health and human services has entered into a contract with a
25firm operating under this chapter.
26 Sec. 1193. Section 514A.3B, subsection 3, paragraph l, Code
272023, is amended to read as follows:
28l. The hawk-i Hawki program authorized by chapter 514I.
29 Sec. 1194. Section 514B.3, subsection 1, paragraph m, Code
302023, is amended to read as follows:
31m. A description of the procedures and programs to be
32implemented to meet the requirements for quality of health
33care as determined by the director of public health and human
34services under section 514B.4.
35 Sec. 1195. Section 514B.3, subsection 3, Code 2023, is
-805-1amended to read as follows:
23. Upon receipt of an application for a certificate of
3authority, the commissioner shall immediately transmit copies
4of the application and accompanying documents to the director
5of public health and human services and the affected regional
6health planning council, as authorized by Pub.L. No.89-749,
742 U.S.C. §246(b)2b, for their nonbinding consultation and
8advice.
9 Sec. 1196. Section 514B.4A, Code 2023, is amended to read
10as follows:
11514B.4A Direct provision of health care services.
121. An application for a certificate of authority to
13provide health care services, directly, shall be forwarded
14by the commissioner to the director of public health and
15human services for review, comment, and recommendation, with
16respect to the health care services to be provided directly, to
17assure that the applicant has demonstrated the willingness and
18potential ability to provide the health care services through
19adequate personnel and facilities.
202. Rules proposed by the commissioner for adoption
21for the direct provision of health care services by a
22health maintenance organization, shall be forwarded by the
23commissioner to the director of public health and human
24services for review, comment, and recommendation, prior to
25submission to the administrative rules coordinator pursuant to
26section 17A.4.
273. The director of public health and human services shall
28respond to the commissioner, with respect to an application
29or proposed rule, with any comments or recommendations within
30thirty days of the forwarding of the application or proposed
31rules to the director of public health and human services.
32 Sec. 1197. Section 514B.32, subsection 5, Code 2023, is
33amended to read as follows:
345. The provisions of this chapter shall be applicable to a
35managed care organization acting pursuant to a contract with
-806-1the department of health and human services to administer the
2medical assistance program under chapter 249A, or the healthy
3and well kids in Iowa (hawk-i) (Hawki) program under chapter
4514I, only with respect to licensure and solvency standards
5as evidenced by the managed care organization obtaining
6and maintaining a certificate of authority, and maintaining
7compliance with the solvency standards set forth in this
8chapter.
9 Sec. 1198. Section 514B.33, subsection 5, paragraph a, Code
102023, is amended to read as follows:
11a. For purposes of this section, “limited service
12organization” means an organization providing dental care
13services, vision care services, mental health services,
14substance abuse use disorder services, pharmaceutical services,
15podiatric care services, or such other services as may be
16determined by the commissioner.
17 Sec. 1199. Section 514C.9, subsection 3, paragraph b, Code
182023, is amended to read as follows:
19b. Enroll a child who is eligible for coverage under the
20applicable terms and conditions of the health benefit plan and
21the standard enrollment guidelines of the insurer, without
22regard to any time of enrollment restriction, under dependent
23coverage upon application by the obligee or other legal
24custodian of the child or by the department of health and human
25services in the event an obligor required by a court order or
26administrative order fails to apply for coverage for the child.
27 Sec. 1200. Section 514C.9, subsection 4, Code 2023, is
28amended to read as follows:
294. A group health plan shall establish reasonable
30procedures to determine whether a child is covered under a
31qualified medical child support order issued pursuant to
32chapter 252E.The procedures shall be in writing, provide for
33prompt notice of each person specified in the medical child
34support order as eligible to receive benefits under the group
35health plan upon receipt by the plan of the medical child
-807-1support order, and allow an obligee or other legal custodian
2of the child under chapter 252E to designate a representative
3for receipt of copies of notices in regard to the medical child
4support order that are sent to the obligee or other legal
5custodian of the child and the department of health and human
6services’ child support recovery unit services.
7 Sec. 1201. Section 514C.18, subsection 1, paragraph b,
8subparagraph (2), Code 2023, is amended to read as follows:
9(2) The diabetes self-management training and education
10program is certified by the Iowa department of public health
11and human services. The department shall consult with the
12American diabetes association, Iowa affiliate, in developing
13the standards for certification of diabetes education programs
14that cover at least ten hours of initial outpatient diabetes
15self-management training within a continuous twelve-month
16period and up to two hours of follow-up training for each
17subsequent year for each individual diagnosed by a physician or
18physician assistant with any type of diabetes mellitus.
19 Sec. 1202. Section 514C.27, Code 2023, is amended to read
20as follows:
21514C.27 Mental illness and substance abuse use disorder
22 treatment coverage for veterans.
231. Notwithstanding the uniformity of treatment requirements
24of section 514C.6, a group policy or contract providing for
25third-party payment or prepayment of health or medical expenses
26issued by a carrier, as defined in section 513B.2, shall
27provide coverage benefits to an insured who is a veteran for
28treatment of mental illness and substance abuse use disorder if
29either of the following is satisfied:
30a. The policy or contract is issued to an employer who
31on at least fifty percent of the employer’s working days
32during the preceding calendar year employed more than fifty
33full-time equivalent employees. In determining the number
34of full-time equivalent employees of an employer, employers
35who are affiliated or who are able to file a consolidated tax
-808-1return for purposes of state taxation shall be considered one
2employer.
3b. The policy or contract is issued to a small employer as
4defined in section 513B.2, and such policy or contract provides
5coverage benefits for the treatment of mental illness and
6substance abuse use disorder.
72. Notwithstanding the uniformity of treatment requirements
8of section 514C.6, a plan established pursuant to chapter 509A
9for public employees shall provide coverage benefits to an
10insured who is a veteran for treatment of mental illness and
11substance abuse use disorder as defined in subsection 3.
123. For purposes of this section:
13a. “Mental illness” means mental disorders as defined by the
14commissioner by rule.
15b. “Substance abuse use disorder” means a pattern of
16pathological use of alcohol or a drug that causes impairment
17in social or occupational functioning, or that produces
18physiological dependency evidenced by physical tolerance or by
19physical symptoms when the alcohol or drug is withdrawn.
20c. “Veteran” means the same as defined in section 35.1.
214. The commissioner, by rule, shall define “mental illness”
22consistent with definitions provided in the most recent edition
23of the American psychiatric association’s diagnostic and
24statistical manual of mental disorders, as the definitions may
25be amended from time to time. The commissioner may adopt the
26definitions provided in such manual by reference.
275. This section shall not apply to accident-only,
28specified disease, short-term hospital or medical, hospital
29confinement indemnity, credit, dental, vision, Medicare
30supplement, long-term care, basic hospital and medical-surgical
31expense coverage as defined by the commissioner, disability
32income insurance coverage, coverage issued as a supplement
33to liability insurance, workers’ compensation or similar
34insurance, or automobile medical payment insurance, or
35individual accident and sickness policies issued to individuals
-809-1or to individual members of a member association.
26. A carrier or plan established pursuant to chapter 509A
3may manage the benefits provided through common methods,
4including but not limited to providing payment of benefits or
5providing care and treatment under a capitated payment system,
6prospective reimbursement rate system, utilization control
7system, incentive system for the use of least restrictive and
8least costly levels of care, a preferred provider contract
9limiting choice of specific providers, or any other system,
10method, or organization designed to assure services are
11medically necessary and clinically appropriate.
127. a. A group policy or contract or plan covered under this
13section shall not impose an aggregate annual or lifetime limit
14on mental illness or substance abuse use disorder coverage
15benefits unless the policy or contract or plan imposes an
16aggregate annual or lifetime limit on substantially all medical
17and surgical coverage benefits.
18b. A group policy or contract or plan covered under this
19section that imposes an aggregate annual or lifetime limit on
20substantially all medical and surgical coverage benefits shall
21not impose an aggregate annual or lifetime limit on mental
22illness or substance abuse use disorder coverage benefits which
23is less than the aggregate annual or lifetime limit imposed on
24substantially all medical and surgical coverage benefits.
258. A group policy or contract or plan covered under this
26section shall at a minimum allow for thirty inpatient days
27and fifty-two outpatient visits annually. The policy or
28contract or plan may also include deductibles, coinsurance,
29or copayments, provided the amounts and extent of such
30deductibles, coinsurance, or copayments applicable to other
31medical or surgical services coverage under the policy or
32contract or plan are the same. It is not a violation of this
33section if the policy or contract or plan excludes entirely
34from coverage benefits for the cost of providing the following:
35a. Care that is substantially custodial in nature.
-810- 1b. Services and supplies that are not medically necessary or
2clinically appropriate.
3c. Experimental treatments.
49. This section applies to third-party payment provider
5policies or contracts and plans established pursuant to chapter
6509A delivered, issued for delivery, continued, or renewed in
7this state on or after January 1, 2011.
8 Sec. 1203. Section 514E.1, subsection 6, paragraph k, Code
92023, is amended to read as follows:
10k. The hawk-i Hawki program authorized by chapter 514I.
11 Sec. 1204. Section 514F.7, subsection 1, paragraph h, Code
122023, is amended to read as follows:
13h. “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 a managed care
22organization as defined in 441 IAC 73.1 when the managed care
23organization is acting pursuant to a contract with the Iowa
24 department of health and human services to provide services to
25Medicaid recipients.
26 Sec. 1205. Section 514F.8, subsection 1, paragraph g, Code
272023, is amended to read as follows:
28g. “Health carrier” means an entity subject to the
29insurance laws and regulations of this state, or subject
30to the jurisdiction of the commissioner, including an
31insurance company offering sickness and accident plans, a
32health maintenance organization, a nonprofit health service
33corporation, a plan established pursuant to chapter 509A
34for public employees, or any other entity providing a plan
35of health insurance, health care benefits, or health care
-811-1services. “Health carrier” does not include the department
2of health and human services, or a managed care organization
3acting pursuant to a contract with the department of health
4and human services to administer the medical assistance
5program under chapter 249A or the healthy and well kids in Iowa
6(hawk-i) (Hawki) program under chapter 514I.
7 Sec. 1206. Section 514H.2, subsection 2, Code 2023, is
8amended to read as follows:
92. The insurance division of the department of commerce
10shall administer the program in cooperation with the division
11responsible for medical services within the department
12of health and human services. Each agency shall take all
13necessary actions, including filing an appropriate medical
14assistance state plan amendment to the state Medicaid plan to
15take full advantage of the benefits and features of the Deficit
16Reduction Act of 2005.
17 Sec. 1207. Section 514H.5, subsection 2, Code 2023, is
18amended to read as follows:
192. When the division responsible for medical services
20within the department of health and human services determines
21whether an individual is eligible for medical assistance
22under chapter 249A, the division department shall make an
23asset disregard adjustment for any individual who meets the
24requirements of section 514H.3. The asset disregard shall
25be available after benefits of the qualified long-term care
26insurance policy have been applied to the cost of qualified
27long-term care services as required under this chapter.
28 Sec. 1208. Section 514H.7, subsection 3, Code 2023, is
29amended to read as follows:
303. The insurance division, in cooperation with the
31department of health and human services, shall adopt rules
32to provide an asset disregard to individuals who are covered
33by a long-term care insurance policy prior to November 17,
342005, consistent with the Iowa long-term care asset disregard
35incentive program.
-812-1 Sec. 1209. Section 514H.8, Code 2023, is amended to read as
2follows:
3514H.8 Reciprocal agreements to extend asset disregard.
4The division responsible for medical services within
5the department of health and human services may enter into
6reciprocal agreements with other states to extend the asset
7disregard under section 514H.5 to Iowa residents who had
8purchased or were covered by qualified long-term care insurance
9policies in other states.
10 Sec. 1210. Section 514H.9, Code 2023, is amended to read as
11follows:
12514H.9 Rules.
13The insurance division of the department of commerce in
14cooperation with the department of health and human services
15shall adopt rules pursuant to chapter 17A as necessary to
16administer this chapter.
17 Sec. 1211. Section 514I.1, subsections 2 and 4, Code 2023,
18are amended to read as follows:
192. It is the intent of the general assembly that the program
20be implemented and administered in compliance with Tit.XXI
21of the federal Social Security Act. If, as a condition of
22receiving federal funds for the program, federal law requires
23implementation and administration of the program in a manner
24not provided in this chapter, during a period when the general
25assembly is not in session, the department, with the approval
26of the hawk-i Hawki board, shall proceed to implement and
27administer those provisions, subject to review by the next
28regular session of the general assembly.
294. It is the intent of the general assembly that the
30hawk-i Hawki program be an integral part of the continuum of
31health insurance coverage and that the program be developed
32and implemented in such a manner as to facilitate movement of
33families between health insurance providers and to facilitate
34the transition of families to private sector health insurance
35coverage.
-813-1 Sec. 1212. Section 514I.2, Code 2023, is amended to read as
2follows:
3514I.2 Definitions.
4As used in this chapter, unless the context otherwise
5requires:
61. “Benchmark benefit package” means any of the following:
7a. The standard blue cross/blue shield preferred provider
8option service benefit plan, described in and offered under 5
9U.S.C. §8903(1).
10b. A health benefits coverage plan that is offered and
11generally available to state employees in this state.
12c. The plan of a health maintenance organization as defined
13in 42 U.S.C. §300e, with the largest insured commercial,
14nonmedical assistance enrollment of covered lives in the state.
152. “Cost sharing” means the payment of a premium or
16copayment as provided for by Tit.XXI of the federal Social
17Security Act and section 514I.10.
183. “Department” means the department of health and human
19services.
204. “Director” means the director of health and human
21services.
225. “Eligible child” means an individual who meets the
23criteria for participation in the program under section 514I.8.
246. “Hawk-i Hawki board” or “board” means the entity which
25adopts rules and establishes policy for, and directs the
26department regarding, the hawk-i Hawki program.
277. “Hawk-i Hawki program” or “program” means the healthy and
28well kids in Iowa program created in this chapter to provide
29health insurance coverage to eligible children.
308. “Health insurance coverage” means health insurance
31coverage as defined in 42 U.S.C. §300gg-91.
329. “Participating insurer” means any of the following:
33a. An entity licensed by the division of insurance of the
34department of commerce to provide health insurance in Iowa that
35has contracted with the department to provide health insurance
-814-1coverage to eligible children under this chapter.
2b. A managed care organization acting pursuant to a contract
3with the department of human services to administer the hawk-i
4 Hawki program.
510. “Qualified child health plan” or “plan” means health
6insurance coverage provided by a participating insurer under
7this chapter.
8 Sec. 1213. Section 514I.3, Code 2023, is amended to read as
9follows:
10514I.3 Hawk-i Hawki program — established.
111. The hawk-i Hawki program, a statewide program designed to
12improve the health of children and to provide health insurance
13coverage to eligible children on a regional basis which
14complies with Tit.XXI of the federal Social Security Act, is
15established and shall be implemented January 1, 1999.
162. Health insurance coverage under the program shall be
17provided by participating insurers and through qualified child
18health plans.
193. The department of human services is designated to receive
20the state and federal funds appropriated or provided for the
21program, and to submit and maintain the state plan for the
22program, which is approved by the centers for Medicare and
23Medicaid services of the United States department of health and
24human services.
254. Nothing in this chapter shall be construed or is intended
26as, or shall imply, a grant of entitlement for services to
27persons who are eligible for participation in the program based
28upon eligibility consistent with the requirements of this
29chapter. Any state obligation to provide services pursuant to
30this chapter is limited to the extent of the funds appropriated
31or provided for this chapter.
325. Participating insurers under this chapter are not
33subject to the requirements of chapters 513B and 513C.
346. Health care coverage provided under this chapter in
35accordance with Tit.XXI of the federal Social Security Act
-815-1shall be recognized as prior creditable coverage for the
2purposes of private individual and group health insurance
3coverage.
4 Sec. 1214. Section 514I.4, subsection 1, unnumbered
5paragraph 1, Code 2023, is amended to read as follows:
6The director, with the approval of the hawk-i Hawki board,
7shall implement this chapter. The director shall do all of the
8following:
9 Sec. 1215. Section 514I.5, Code 2023, is amended to read as
10follows:
11514I.5 Hawk-i Hawki board.
121. A hawk-i Hawki board for the hawk-i Hawki program is
13established. The board shall meet not less than six and
14not more than twelve times annually, for the purposes of
15establishing policy for, directing the department on, and
16adopting rules for the program. The board shall consist of
17seven voting members and four ex officio, nonvoting members,
18including all of the following:
19a. The commissioner of insurance, or the commissioner’s
20designee.
21b. The director of the department of education, or the
22director’s designee.
23c. The director of public health and human services, or the
24director’s designee.
25d. Four public members appointed by the governor and
26subject to confirmation by the senate. The public members
27shall be members of the general public who have experience,
28knowledge, or expertise in the subject matter embraced within
29this chapter.
30e. Two members of the senate and two members of the house of
31representatives, serving as ex officio, nonvoting members. The
32legislative members of the board shall be appointed one each
33by the majority leader of the senate, after consultation with
34the president of the senate, and by the minority leader of the
35senate, and by the speaker of the house of representatives,
-816-1after consultation with the majority leader of the house of
2representatives, and by the minority leader of the house
3of representatives. Legislative members shall receive
4compensation pursuant to section 2.12.
52. Members appointed by the governor shall serve two-year
6staggered terms as designated by the governor, and legislative
7members of the board shall serve two-year terms. The filling
8of positions reserved for the public representatives,
9vacancies, membership terms, payment of compensation and
10expenses, and removal of the members are governed by chapter
1169. Members of the board are entitled to receive reimbursement
12of actual expenses incurred in the discharge of their duties.
13Public members of the board are also eligible to receive
14compensation as provided in section 7E.6. A majority of the
15voting members constitutes a quorum and the affirmative vote
16of a majority of the voting members is necessary for any
17substantive action to be taken by the board. The members
18shall select a chairperson on an annual basis from among the
19membership of the board.
203. The board shall approve any contract entered into
21pursuant to this chapter. All contracts entered into pursuant
22to this chapter shall be made available to the public.
234. The department of human services shall act as support
24staff to the board.
255. The board may receive and accept grants, loans, or
26advances of funds from any person and may receive and accept
27from any source contributions of money, property, labor, or any
28other thing of value, to be held, used, and applied for the
29purposes of the program.
306. The hawk-i Hawki board shall do all of the following:
31a. Define, in consultation with the department, the regions
32of the state for which plans are offered in a manner as to
33ensure access to services for all children participating in the
34program.
35b. Approve the benefit package design, review the benefit
-817-1package design on a periodic basis, and make necessary changes
2in the benefit design to reflect the results of the periodic
3reviews.
4c. Develop, with the assistance of the department, an
5outreach plan, and provide for periodic assessment of the
6effectiveness of the outreach plan. The plan shall provide
7outreach to families of children likely to be eligible
8for assistance under the program, to inform them of the
9availability of and to assist the families in enrolling
10children in the program. The outreach efforts may include, but
11are not limited to, solicitation of cooperation from programs,
12agencies, and other persons who are likely to have contact
13with eligible children, including but not limited to those
14associated with the educational system, and the development
15of community plans for outreach and marketing. Other state
16agencies shall assist the department in data collection related
17to outreach efforts to potentially eligible children and their
18families.
19d. In consultation with the clinical advisory committee,
20assess the initial health status of children participating in
21the program, establish a baseline for comparison purposes, and
22develop appropriate indicators to measure the subsequent health
23status of children participating in the program.
24e. Review, in consultation with the department, and take
25necessary steps to improve interaction between the program and
26other public and private programs which provide services to the
27population of eligible children.
28f. By January 1, annually, prepare, with the assistance
29of the department, and submit a report to the governor,
30the general assembly, and the council on health and human
31services, concerning the board’s activities, findings, and
32recommendations.
33g. Solicit input from the public regarding the program and
34related issues and services.
35h. Establish and consult with a clinical advisory committee
-818-1to make recommendations to the board regarding the clinical
2aspects of the hawk-i Hawki program.
3i. Prescribe the elements to be included in a health
4improvement program plan required to be developed by a
5participating insurer. The elements shall include but are not
6limited to health maintenance and prevention and health risk
7assessment.
8j. Establish an advisory committee to make recommendations
9to the board and to the general assembly by January 1 annually
10concerning the provision of health insurance coverage to
11children with special health care needs. The committee shall
12include individuals with experience in, knowledge of, or
13expertise in this area. The recommendations shall address, but
14are not limited to, all of the following:
15(1) The definition of the target population of children
16with special health care needs for the purposes of determining
17eligibility under the program.
18(2) Eligibility options for and assessment of children with
19special health care needs for eligibility.
20(3) Benefit options for children with special health care
21needs.
22(4) Options for enrollment of children with special health
23care needs in and disenrollment of children with special health
24care needs from qualified child health plans utilizing a
25capitated fee form of payment.
26(5) The appropriateness and quality of care for children
27with special health care needs.
28(6) The coordination of health services provided for
29children with special health care needs under the program with
30services provided by other publicly funded programs.
31k. Develop options and recommendations to allow children
32eligible for the hawk-i Hawki program to participate in
33qualified employer-sponsored health plans through a premium
34assistance program. The options and recommendations shall
35ensure reasonable alignment between the benefits and costs
-819-1of the hawk-i Hawki program and the employer-sponsored
2health plans consistent with federal law. In addition, the
3board shall implement the premium assistance program options
4described under the federal Children’s Health Insurance Program
5Reauthorization Act of 2009, Pub.L. No.111-3, for the hawk-i
6 Hawki program.
77. The hawk-i Hawki board, in consultation with the
8department of human services, shall adopt rules which address,
9but are not limited to addressing, all of the following:
10a. Implementation and administration of the program.
11b. Qualifying standards for selecting participating insurers
12for the program.
13c. The benefits to be included in a qualified child health
14plan which are those included in a benchmark or benchmark
15equivalent plan and which comply with Tit.XXI of the federal
16Social Security Act. Benefits covered shall include but are
17not limited to all of the following:
18(1) Inpatient hospital services including medical,
19surgical, intensive care unit, mental health, and substance
20abuse use disorder services.
21(2) Nursing care services including skilled nursing
22facility services.
23(3) Outpatient hospital services including emergency room,
24surgery, lab, and x-ray services and other services.
25(4) Physician services, including surgical and medical, and
26including office visits, newborn care, well-baby and well-child
27care, immunizations, urgent care, specialist care, allergy
28testing and treatment, mental health visits, and substance
29abuse use disorder visits.
30(5) Ambulance services.
31(6) Physical therapy.
32(7) Speech therapy.
33(8) Durable medical equipment.
34(9) Home health care.
35(10) Hospice services.
-820- 1(11) Prescription drugs.
2(12) Dental services including preventive services.
3(13) Medically necessary hearing services.
4(14) Vision services including corrective lenses.
5(15) Translation and interpreter services as specified
6pursuant to the federal Children’s Health Insurance Program
7Reauthorization Act of 2009, Pub.L. No.111-3.
8(16) Chiropractic services.
9(17) Occupational therapy.
10d. Presumptive eligibility criteria for the program.
11Beginning January 1, 2010, presumptive eligibility shall be
12provided for eligible children.
13e. The amount of any cost sharing under the program which
14shall be assessed based on family income and which complies
15with federal law.
16f. The reasons for disenrollment including, but not limited
17to, nonpayment of premiums, eligibility for medical assistance
18or other insurance coverage, admission to a public institution,
19relocation from the area, and change in income.
20g. Conflict of interest provisions applicable to
21participating insurers and between public members of the board
22and participating insurers.
23h. Penalties for breach of contract or other violations of
24requirements or provisions under the program.
25i. A mechanism for participating insurers to report any
26rebates received to the department.
27j. The data to be maintained by the department including
28data to be collected for the purposes of quality assurance
29reports.
30k. The use of provider guidelines in assessing the
31well-being of children, which may include the use of the bright
32futures for infants, children, and adolescents program as
33developed by the federal maternal and child health bureau and
34the American academy of pediatrics guidelines for well-child
35care.
-821- 18. a. The hawk-i Hawki board may provide approval to the
2director to contract with participating insurers to provide
3dental-only services. In determining whether to provide
4such approval to the director, the board shall take into
5consideration the impact on the overall program of single
6source contracting for dental services.
7b. The hawk-i Hawki board may provide approval to the
8director to contract with participating insurers to provide
9the supplemental dental-only coverage to otherwise eligible
10children who have private health care coverage as specified in
11the federal Children’s Health Insurance Program Reauthorization
12Act of 2009, Pub.L. No.111-3.
139. The hawk-i Hawki board shall monitor the capacity of
14Medicaid managed care organizations acting pursuant to a
15contract with the department to administer the hawk-i Hawki
16 program to specifically and appropriately address the unique
17needs of children and children’s health delivery.
18 Sec. 1216. Section 514I.8, subsection 2, unnumbered
19paragraph 1, Code 2023, is amended to read as follows:
20A child may participate in the hawk-i Hawki program if the
21child meets all of the following criteria:
22 Sec. 1217. Section 514I.8A, Code 2023, is amended to read
23as follows:
24514I.8A Hawk-i Hawki — all income-eligible children.
25The department shall provide coverage to individuals
26under nineteen years of age who meet the income eligibility
27requirements for the hawk-i Hawki program and for whom federal
28financial participation is or becomes available for the cost
29of such coverage.
30 Sec. 1218. Section 514I.9, subsection 1, Code 2023, is
31amended to read as follows:
321. The hawk-i Hawki board shall review the benefits package
33annually and shall determine additions to or deletions from the
34benefits package offered. The hawk-i Hawki board shall submit
35the recommendations to the general assembly for any amendment
-822-1to the benefits package.
2 Sec. 1219. Section 514I.11, Code 2023, is amended to read
3as follows:
4514I.11 Hawk-i Hawki trust fund.
51. A hawk-i Hawki trust fund is created in the state
6treasury under the authority of the department of human
7services, in which all appropriations and other revenues of the
8program such as grants, contributions, and participant payments
9shall be deposited and used for the purposes of the program.
10The moneys in the fund shall not be considered revenue of the
11state, but rather shall be funds of the program.
122. The trust fund shall be separate from the general fund
13of the state and shall not be considered part of the general
14fund of the state. The moneys in the trust fund are not
15subject to section 8.33 and shall not be transferred, used,
16obligated, appropriated, or otherwise encumbered, except to
17provide for the purposes of this chapter and except as provided
18in subsection 4. Notwithstanding section 12C.7, subsection
192, interest or earnings on moneys deposited in the trust fund
20shall be credited to the trust fund.
213. Moneys in the fund are appropriated to the department and
22shall be used to offset any program costs.
234. The department may transfer moneys appropriated from
24the fund to be used for the purpose of expanding health care
25coverage to children under the medical assistance program.
265. The department shall provide periodic updates to the
27general assembly regarding expenditures from the fund.
28 Sec. 1220. Section 523A.301, Code 2023, is amended to read
29as follows:
30523A.301 Definition.
31As used in sections 523A.302 and 523A.303, “director” means
32the director of health and human services.
33 Sec. 1221. Section 523A.303, subsection 2, paragraph e,
34Code 2023, is amended to read as follows:
35e. A notice in substantially the following form complies
-823-1with this subsection:
2TO: THE DIRECTOR OF HEALTH AND HUMAN SERVICES
3FROM: (SELLER’S NAME, CURRENT ADDRESS, AND TELEPHONE NUMBER)
4You are hereby notified that (name of deceased), who had an
5irrevocable burial trust fund, has died, that final payment
6for cemetery merchandise, funeral merchandise, and funeral
7services has been made, and that (remaining amount) remains in
8the irrevocable burial trust fund.
9The above-named seller must receive a written response
10regarding any claim by the director within sixty days after the
11mailing of this notice to the director.
12If the above-named seller does not receive a written response
13regarding a claim by the director within sixty days after the
14mailing of this notice, the seller may dispose of the remaining
15funds in accordance with section 523A.303, Code of Iowa.
16 Sec. 1222. Section 523A.303, subsection 3, Code 2023, is
17amended to read as follows:
183. Upon receipt of the seller’s written notice, the director
19shall determine if a debt is due the department of health and
20 human services pursuant to section 249A.53. If the director
21determines that a debt is owing, the director shall provide
22a written response to the seller within sixty days after the
23mailing of the seller’s notice. If the director does not
24respond with a claim within the sixty-day period, any claim
25made by the director shall not be enforceable against the
26seller, the trust, or a trustee.
27 Sec. 1223. Section 523I.214, Code 2023, is amended to read
28as follows:
29523I.214 Violations of law — referrals to the Iowa
30 department of public health and human services.
31If the commissioner discovers a violation of a provision
32of this chapter or any other state law or rule concerning the
33disposal or transportation of human remains, the commissioner
34shall forward all evidence in the possession of the
35commissioner concerning such a violation to the Iowa department
-824-1of public health and human services for such proceedings as
2the Iowa department of public health and human services deems
3appropriate.
4 Sec. 1224. Section 523I.701, subsection 6, Code 2023, is
5amended to read as follows:
66. The lawn crypt shall be installed in compliance with any
7applicable law or rule adopted by the Iowa department of public
8 health and human services.
9 Sec. 1225. Section 541A.1, Code 2023, is amended to read as
10follows:
11541A.1 Definitions.
12For the purposes of this chapter, unless the context
13otherwise requires:
141. “Account holder” means an individual who is the owner of
15an individual development account.
162. “Administrator” means the division of community action
17agencies of the department of human rights.
183. 2. “Charitable contributor” means a nonprofit
19association described in section 501(c)(3) of the Internal
20Revenue Code which makes a deposit to an individual development
21account and which is exempt from taxation under section 501(a)
22of the Internal Revenue Code.
233. “Commission” means the commission on community action
24agencies created in section 216A.92A.
254. “Department” means the department of health and human
26services.
275. “Director” means the director of health and human
28services.
294. 6. “Federal poverty level” means the first poverty
30income guidelines published in the calendar year by the United
31States department of health and human services.
325. 7. “Financial institution” means a financial institution
33approved by the administrator director as an investment
34mechanism for individual development accounts.
356. 8. “Household income” means the annual household
-825-1income of an account holder or prospective account holder,
2as determined in accordance with rules adopted by the
3administrator director.
47. 9. “Individual contributor” means an individual who
5makes a deposit to an individual development account and is not
6the account holder or a charitable contributor.
78. 10. “Individual development account” means either of the
8following:
9a. A financial instrument that is certified to have the
10characteristics described in section 541A.2 by the operating
11organization.
12b. A financial instrument that is certified by the
13operating organization to have the characteristics described
14in and funded by a federal individual development account
15program under which federal and state funding contributed to
16match account holder deposits is deposited by an operating
17organization in accordance with federal law and regulations,
18and which includes but is not limited to any of the programs
19implemented under the following federal laws:
20(1) The federal Personal Responsibility and Work
21Opportunity Act of 1996, 42 U.S.C. §604(h).
22(2) The federal Assets for Independence Act, Pub.L. No.
23105-285, Tit.IV.
249. 11. “Operating organization” means an agency selected
25by the administrator department for involvement in operating
26individual development accounts directed to a specific target
27population.
2810. 12. “Source of principal” means any of the sources of
29a deposit to an individual development account under section
30541A.2, subsection 2.
31 Sec. 1226. Section 541A.2, subsection 7, Code 2023, is
32amended to read as follows:
337. Subject to obtaining any necessary federal waivers, the
34department of human services shall not consider moneys in an
35individual development account and any earnings on the moneys
-826-1in determining the eligibility or need of an individual for
2benefits or assistance or the amount of benefits or assistance
3under the family investment program under chapter 239B, the
4promoting independence and self-sufficiency through employment
5job opportunities and basic skills program, or any other
6program administered by the department of human services.
7 Sec. 1227. Section 541A.3, Code 2023, is amended to read as
8follows:
9541A.3 Individual development accounts — state savings match
10and tax provisions.
11All of the following state savings match and tax provisions
12shall apply to an individual development account:
131. a. Payment by the state of a state savings match on
14amounts of up to two thousand dollars that an account holder
15deposits in the account holder’s account.
16b. Moneys transferred to an individual development account
17from another individual development account and a state savings
18match received by the account holder in accordance with this
19section shall not be considered an account holder deposit for
20purposes of determining a state savings match.
21c. Payment of a state savings match either shall be
22made directly to the account holder or to an operating
23organization’s central reserve account for later distribution
24to the account holder in the most appropriate manner as
25determined by the administrator department.
26d. Subject to the limitation in paragraph “a”, the state
27savings match shall be equal to one hundred percent of
28the amount deposited by the account holder. However, the
29administrator department may limit, reduce, delay, or otherwise
30revise state savings match payment provisions as necessary to
31restrict the payments to the funding available.
322. Income earned by an individual development account is
33not subject to state tax, in accordance with the provisions of
34section 422.7, subsection 17.
353. Amounts transferred between individual development
-827-1accounts are not subject to state tax.
24. The administrator department shall coordinate the filing
3of claims for a state savings match authorized under subsection
41, between account holders and operating organizations. Claims
5approved by the administrator department may be paid to each
6account holder, for an aggregate amount for distribution to the
7holders of the accounts in a particular financial institution,
8or to an operating organization’s central reserve account
9for later distribution to the account holders depending on
10the efficiency for issuing the state savings match payments.
11Claims shall be initially filed with the administrator
12 department on or before a date established by the administrator
13 department. Claims approved by the administrator department
14 shall be paid from the individual development account state
15savings match fund.
16 Sec. 1228. Section 541A.5, Code 2023, is amended to read as
17follows:
18541A.5 Rules.
191. The commission on community action agencies created
20in section 216A.92A, in consultation with the department of
21administrative services, shall adopt administrative rules to
22administer this chapter.
232. a. The rules adopted by the commission shall include
24but are not limited to provision for transfer of an individual
25development account to a different financial institution than
26originally approved by the administrator department, if the
27different financial institution has an agreement with the
28account’s operating organization.
29b. The rules for determining household income may provide
30categorical eligibility for prospective account holders who are
31enrolled in programs with income eligibility restrictions that
32are equal to or less than the maximum household income allowed
33for payment of a state match under section 541A.3.
34c. Subject to the availability of funding, the commission
35may adopt rules implementing an individual development account
-828-1program for refugees. Rules shall identify purposes authorized
2for withdrawals to meet the special needs of refugee families.
33. The administrator department shall utilize a request for
4proposals process for selection of operating organizations and
5approval of financial institutions.
6 Sec. 1229. Section 541A.6, Code 2023, is amended to read as
7follows:
8541A.6 Compliance with federal requirements.
9The commission on community action agencies shall adopt
10rules for compliance with federal individual development
11account requirements under the federal Personal Responsibility
12and Work Opportunity Reconciliation Act of 1996, §103, as
13codified in 42 U.S.C. §604(h), under the federal Assets
14for Independence Act, Pub.L. No.105-285, Tit.IV, or with
15any other federal individual development account program
16requirements for drawing federal funding. Any rules adopted
17under this section shall not apply the federal individual
18development account program requirements to an operating
19organization which does not utilize federal funding for the
20accounts with which it is connected or to an account holder who
21does not receive temporary assistance for needy families block
22grant or other federal funding.
23 Sec. 1230. Section 541A.7, Code 2023, is amended to read as
24follows:
25541A.7 Individual development account state match fund.
261. An individual development account state match fund
27is created in the state treasury under the authority of the
28administrator department. Notwithstanding section 8.33,
29moneys appropriated to the fund shall not revert to any other
30fund. Notwithstanding section 12C.7, subsection 2, interest
31or earnings on moneys deposited in the fund shall be credited
32to the fund.
332. Moneys available in the fund for a fiscal year are
34appropriated to the administrator department to be used
35to provide the state match for account holder deposits in
-829-1accordance with section 541A.3. At least eighty-five percent
2of the amount appropriated shall be used for state match
3payments and the remainder may be used for the administrative
4costs of the operating organization. Administrative costs
5include but are not limited to accounting services, curriculum
6costs for financial education or asset-specific training, and
7costs for technical assistance contractors.
8 Sec. 1231. Section 589.26, Code 2023, is amended to read as
9follows:
10589.26 Land transfers by the department of health and human
11services legalized.
12Every deed, release or other instrument in writing
13purporting to transfer any interest in land held or claimed by
14the department of health and human services or a predecessor
15agency, which is signed by a departmental official, and which
16was filed of record more than ten years earlier, in the office
17of the auditor or recorder or clerk of the district court of
18any county is legalized and shall be good and valid in law
19and in equity as fully as if the record expressly showed that
20it in all respects complied with and was fully authorized as
21provided in any statute pertaining to such instrument, any
22other provision of law to the contrary notwithstanding.
23 Sec. 1232. Section 595.4, subsection 1, Code 2023, is
24amended to read as follows:
251. Previous to the issuance of any license to marry, the
26parties desiring the license shall sign and file a verified
27application with the county registrar which application
28either may be mailed to the parties at their request or
29may be signed by them at the office of the county registrar
30in the county in which the license is to be issued. The
31application shall include the social security number of each
32applicant and shall set forth at least one affidavit of some
33competent and disinterested person stating the facts as to
34age and qualification of the parties. Upon the filing of the
35application for a license to marry, the county registrar shall
-830-1file the application in a record kept for that purpose and
2shall take all necessary steps to ensure the confidentiality of
3the social security number of each applicant. All information
4included on an application may be provided as mutually agreed
5upon by the division of records and state registrar of vital
6 statistics and the child support recovery unit services,
7including by automated exchange.
8 Sec. 1233. Section 598.7, subsection 1, Code 2023, is
9amended to read as follows:
101. The district court may, on its own motion or on the
11motion of any party, order the parties to participate in
12mediation in any dissolution of marriage action or other
13domestic relations action. Mediation performed under this
14section shall comply with the provisions of chapter 679C.
15The provisions of this section shall not apply if the action
16involves a child support or medical support obligation enforced
17by the child support recovery unit services. The provisions
18of this section shall not apply to actions which involve elder
19abuse pursuant to chapter 235F or domestic abuse pursuant
20to chapter 236. The provisions of this section shall not
21affect a judicial district’s or court’s authority to order
22settlement conferences pursuant to rules of civil procedure.
23The court shall, on application of a party, grant a waiver
24from any court-ordered mediation under this section if the
25party demonstrates that a history of domestic abuse exists as
26specified in section 598.41, subsection 3, paragraph “j”.
27 Sec. 1234. Section 598.21B, subsection 1, paragraphs c and
28d, Code 2023, are amended to read as follows:
29c. It is the intent of the general assembly that, to the
30extent possible within the requirements of federal law, the
31court and the child support recovery unit services consider the
32individual facts of each judgment or case in the application
33of the guidelines and determine the support obligation
34accordingly. It is also the intent of the general assembly
35that in the supreme court’s review of the guidelines, the
-831-1supreme court shall do both of the following:
2(1) Emphasize the ability of a court to apply the guidelines
3in a just and appropriate manner based upon the individual
4facts of a judgment or case.
5(2) In determining monthly child support payments, consider
6other children for whom either parent is legally responsible
7for support and other child support obligations actually paid
8by either party pursuant to a court or administrative order.
9d. The guidelines prescribed by the supreme court shall
10be used by the department of health and human services in
11determining child support payments under sections 252C.2
12and 252C.4. A variation from the guidelines shall not be
13considered by the department without a record or written
14finding, based on stated reasons, that the guidelines would be
15unjust or inappropriate as determined under criteria prescribed
16by the supreme court.
17 Sec. 1235. Section 598.21B, subsection 2, paragraph e, Code
182023, is amended to read as follows:
19e. Special circumstances justifying variation from
20guidelines. Unless the special circumstances of the case
21justify a deviation, the court or the child support recovery
22unit services shall establish a monthly child support payment
23in accordance with the guidelines for a parent who is nineteen
24years of age or younger, who has not received a high school
25or high school equivalency diploma, and to whom each of the
26following apply:
27(1) The parent is attending a school or program described as
28follows or has been identified as one of the following:
29(a) The parent is in full-time attendance at an accredited
30school and is pursuing a course of study leading to a high
31school diploma.
32(b) The parent is attending an instructional program
33leading to a high school equivalency diploma.
34(c) The parent is attending a career and technical education
35program approved pursuant to chapter 258.
-832- 1(d) The parent has been identified by the director of
2special education of the area education agency as a child
3requiring special education as defined in section 256B.2.
4(2) The parent provides proof of compliance with the
5requirements of subparagraph (1) to the child support recovery
6unit services, if the unit child support services is providing
7services under chapter 252B, or if the unit child support
8services is not providing services pursuant to chapter 252B, to
9the court as the court may direct. Failure to provide proof of
10compliance under this subparagraph or proof of compliance under
11section 598.21G is grounds for modification of the support
12order using the uniform child support guidelines and imputing
13an income to the parent equal to a forty-hour workweek at the
14state minimum wage, unless the parent’s education, experience,
15or actual earnings justify a higher income.
16 Sec. 1236. Section 598.21C, subsection 2, paragraph b, Code
172023, is amended to read as follows:
18b. This basis for modification is applicable to petitions
19filed on or after July 1, 1992, notwithstanding whether
20the guidelines prescribed by section 598.21B were used in
21establishing the current amount of support. Upon application
22for a modification of an order for child support for which
23services are being received pursuant to chapter 252B, the
24court shall set the amount of child support based upon the
25most current child support guidelines established pursuant
26to section 598.21B, including provisions for medical support
27pursuant to chapter 252E.The child Child support recovery
28unit services shall, in submitting an application for
29modification, adjustment, or alteration of an order for
30support, employ additional criteria and procedures as provided
31in chapter 252H and as established by rule.
32 Sec. 1237. Section 598.21C, subsections 3, 5, and 7, Code
332023, are amended to read as follows:
343. Applicable law. Unless otherwise provided pursuant to
3528 U.S.C. §1738B, a modification of a support order entered
-833-1under chapter 234, 252A, 252C, 600B, this chapter, or any
2other support chapter or proceeding between parties to the
3order is void unless the modification is approved by the
4court, after proper notice and opportunity to be heard is
5given to all parties to the order, and entered as an order
6of the court. If support payments have been assigned to the
7department of health and human services pursuant to section
8234.39, 239B.6, or 252E.11, or if services are being provided
9pursuant to chapter 252B, the department is a party to the
10support order. Modifications of orders pertaining to child
11custody shall be made pursuant to chapter 598B. If the petition
12for a modification of an order pertaining to child custody asks
13either for joint custody or that joint custody be modified to
14an award of sole custody, the modification, if any, shall be
15made pursuant to section 598.41.
165. Retroactivity of modification. Judgments for child
17support or child support awards entered pursuant to this
18chapter, chapter 234, 252A, 252C, 252F, 600B, or any other
19chapter of the Code which are subject to a modification
20proceeding may be retroactively modified only from three
21months after the date the notice of the pending petition for
22modification is served on the opposing party. The three-month
23limitation applies to a modification action pending on or after
24July 1, 1997. The prohibition of retroactive modification does
25not bar the child support recovery unit services from obtaining
26orders for accrued support for previous time periods. Any
27retroactive modification which increases the amount of child
28support or any order for accrued support under this subsection
29shall include a periodic payment plan. A retroactive
30modification shall not be regarded as a delinquency unless
31there are subsequent failures to make payments in accordance
32with the periodic payment plan.
337. Modification by child support recovery unit
34 services. Notwithstanding any other provision of law to the
35contrary, when an application for modification or adjustment
-834-1of support is submitted by the child support recovery unit
2 services, the sole issues which may be considered by the
3court in that action are the application of the guidelines
4in establishing the amount of support pursuant to section
5598.21B, and provision for medical support under chapter
6252E. When an application for a cost-of-living alteration
7of support is submitted by the child support recovery unit
8 services pursuant to section 252H.24, the sole issue which may
9be considered by the court in the action is the application of
10the cost-of-living alteration in establishing the amount of
11child support. Issues related to custody, visitation, or other
12provisions unrelated to support shall be considered only under
13a separate application for modification.
14 Sec. 1238. Section 598.21G, Code 2023, is amended to read
15as follows:
16598.21G Minor parent — parenting classes.
17In any order or judgment entered under this chapter or
18chapter 234, 252A, 252C, 252F, or 600B, or under any other
19chapter which provides for temporary or permanent support
20payments, if the parent ordered to pay support is less than
21eighteen years of age, one of the following shall apply:
221. If the child support recovery unit services is
23providing services pursuant to chapter 252B, the court, or
24the administrator as defined in section 252C.1, department of
25health and human services shall order the parent ordered to pay
26support to attend parenting classes which are approved by the
27department of health and human services.
282. If the child support recovery unit services is not
29providing services pursuant to chapter 252B, the court may
30order the parent ordered to pay support to attend parenting
31classes which are approved by the court.
32 Sec. 1239. Section 598.22A, subsection 4, Code 2023, is
33amended to read as follows:
344. Payment of accrued support debt due the department of
35health and human services shall be credited pursuant to section
-835-1252B.3, subsection 5.
2 Sec. 1240. Section 598.22B, Code 2023, is amended to read
3as follows:
4598.22B Information required in order or judgment.
5This section applies to all initial or modified orders
6for paternity or support entered under this chapter, chapter
7234, 252A, 252C, 252F, 252H, 252K, or 600B, or under any other
8chapter, and any subsequent order to enforce such support
9orders.
101. All such orders or judgments shall direct each party
11to file with the clerk of court or the child support recovery
12unit services, as appropriate, upon entry of the order, and to
13update as appropriate, information on location and identity of
14the party, including social security number, residential and
15mailing addresses, electronic mail address, telephone number,
16driver’s license number, and name, address, and telephone
17number of the party’s employer. The order shall also include a
18provision that the information filed will be disclosed and used
19pursuant to this section. The party shall file the information
20with the clerk of court, or, if all support payments are to
21be directed to the collection services center as provided in
22section 252B.14, subsection 2, and section 252B.16, with the
23 child support recovery unit services.
242. All such orders or judgments shall include a statement
25that in any subsequent child support action initiated by the
26 child support recovery unit services or between the parties,
27upon sufficient showing that diligent effort has been made to
28ascertain the location of such a party, the unit child support
29services or the court shall deem due process requirements for
30notice and service of process to be met with respect to the
31party, upon delivery of written notice to the most recent
32residential or employer address filed with the clerk of court
33or unit child support services pursuant to subsection 1.
343. a. Information filed pursuant to subsection 1 shall not
35be a public record.
-836- 1b. Information filed with the clerk of court pursuant
2to subsection 1 shall be available to the child support
3recovery unit services, upon request. Beginning October 1,
41998, information filed with the clerk of court pursuant to
5subsection 1 shall be provided by the clerk of court to the
6 child support recovery unit services pursuant to section
7252B.24.
8c. Information filed with the clerk of court shall be
9available, upon request, to a party unless the party filing
10the information also files an affidavit alleging the party has
11reason to believe that release of the information may result in
12physical or emotional harm to the affiant or child. However,
13even if an affidavit has been filed, any information provided
14by the clerk of court to the child support recovery unit
15 services shall be disclosed by the unit child support services
16 as provided in section 252B.9.
17d. Information provided to the unit child support services
18 shall only be disclosed as provided in section 252B.9.
19 Sec. 1241. Section 598.23A, subsection 2, paragraph b,
20subparagraph (2), unnumbered paragraph 1, Code 2023, is amended
21to read as follows:
22The contemnor shall keep a record of and provide the
23following information to the court at the court’s request, or
24to the child support recovery unit established pursuant to
25chapter 252B services created in section 252B.2, at the unit’s
26 request of child support services, when the unit child support
27services is providing enforcement services pursuant to chapter
28252B:
29 Sec. 1242. Section 598.23A, subsection 2, paragraph c,
30subparagraph (3), Code 2023, is amended to read as follows:
31(3) The court order under this paragraph shall be vacated
32only after verification is provided to the court that the
33contemnor has satisfied all accrued obligations owing and that
34the contemnor has satisfied all terms established by the court
35and when the person entitled to receive support payments, or
-837-1the child support recovery unit services when the unit child
2support services is providing enforcement services pursuant
3to chapter 252B, has been provided ten days’ notice and an
4opportunity to object.
5 Sec. 1243. Section 598.26, subsection 1, Code 2023, is
6amended to read as follows:
71. Until a decree of dissolution has been entered, the
8record and evidence shall be closed to all but the court,
9its officers, and the child support recovery unit services
10 of the department of health and human services pursuant to
11section 252B.9. However, the payment records of a temporary
12support order maintained by the clerk of the district court
13are public records and may be released upon request. Payment
14records shall not include address or location information. No
15other person shall permit a copy of any of the testimony, or
16pleading, or the substance of any testimony or pleading, to be
17made available to any person other than a party to the action
18or a party’s attorney. Nothing in this subsection shall be
19construed to prohibit publication of the original notice as
20provided by the rules of civil procedure.
21 Sec. 1244. Section 598.34, subsection 1, unnumbered
22paragraph 1, Code 2023, is amended to read as follows:
23If public assistance is provided by the department of
24health and human services to or on behalf of a dependent child
25or a dependent child’s caretaker, there is an assignment by
26operation of law to the department of any and all rights in,
27title to, and interest in any support obligation, payment, and
28arrearages owed to or for the child or caretaker not to exceed
29the amount of public assistance paid for or on behalf of the
30child or caretaker as follows:
31 Sec. 1245. Section 598.34, subsection 3, Code 2023, is
32amended to read as follows:
333. The clerk shall furnish the department with copies
34of all orders or decrees and temporary or domestic abuse
35orders addressing support when the parties are receiving
-838-1public assistance or services are otherwise provided by the
2 child support recovery unit services pursuant to chapter
3252B.Unless otherwise specified in the order, an equal and
4proportionate share of any child support awarded shall be
5presumed to be payable on behalf of each child subject to the
6order or judgment for purposes of an assignment under this
7section.
8 Sec. 1246. Section 600.2, Code 2023, is amended to read as
9follows:
10600.2 Definitions.
111. “Child”, “parent”, “parent-child relationship”,
12“termination of parental rights”, “biological parent”,
13“stepparent”, “guardian”, “custodian”, “guardian ad litem”,
14“minor”, “adoption service provider”, “certified adoption
15investigator”, “adult”, “agency”, “department”, “court”, and
16“juvenile court” “Adoption service provider”, “adult”, “agency”,
17“biological parent”, “certified adoption investigator”, “child”,
18“court”, “custodian”, “department”, “guardian”, “guardian ad
19litem”, “juvenile court”, “minor”, “parent”, “parent-child
20relationship”, “stepparent”, and “termination of parental rights”
21 mean the same as defined in section 600A.2.
222. “Investigator” means a natural person who is certified or
23approved by the department of human services, after inspection
24by the department of inspections and appeals, as being capable
25of conducting an investigation under section 600.8.
26 Sec. 1247. Section 600.7A, Code 2023, is amended to read as
27follows:
28600.7A Adoption services provided by or through the
29 department of human services — selection of adoptive parent
30criteria.
31The department of human services shall adopt rules which
32provide that if adoption services are provided by or through
33the department, notwithstanding any other selection of
34adoptive parent criteria, the overriding criterion shall be a
35preference for placing a child in a stable home environment as
-839-1expeditiously as possible.
2 Sec. 1248. Section 600.8, subsection 2, paragraph c, Code
32023, is amended to read as follows:
4c. If the person making the investigation does not approve
5a prospective adoption petitioner under paragraph “a” of this
6subsection, the person investigated may appeal the disapproval
7as a contested case to the director of health and human
8services. Judicial review of any adverse decision by the
9director may be sought pursuant to chapter 17A.
10 Sec. 1249. Section 600.16A, subsection 5, Code 2023, is
11amended to read as follows:
125. Notwithstanding subsection 2, a termination of parental
13rights order issued pursuant to this chapter, section 600A.9,
14or any other chapter shall be disclosed to the child support
15recovery unit services, upon request, without court order.
16 Sec. 1250. Section 600.16B, Code 2023, is amended to read
17as follows:
18600.16B Fees.
19The supreme court shall prescribe and the department of
20human services shall adopt rules, to defray the actual cost of
21the provision of information or the opening of records pursuant
22to section 600.16 or 600.16A.
23 Sec. 1251. Section 600.17, unnumbered paragraph 1, Code
242023, is amended to read as follows:
25The department of human services shall, within the limits of
26funds appropriated to the department of human services and any
27gifts or grants received by the department for this purpose,
28provide financial assistance to any person who adopts a child
29with physical or mental disabilities or an older or otherwise
30hard-to-place child, if the adoptive parent has the capability
31of providing a suitable home for the child but the need for
32special services or the costs of maintenance are beyond the
33economic resources of the adoptive parent.
34 Sec. 1252. Section 600.17, subsection 3, Code 2023, is
35amended to read as follows:
-840- 13. The department of human services shall make adoption
2presubsidy and adoption subsidy payments to adoptive parents at
3the beginning of the month for the current month.
4 Sec. 1253. Section 600.18, Code 2023, is amended to read as
5follows:
6600.18 Determination of assistance.
71. Any prospective adoptive parent desiring financial
8assistance shall state this fact in the petition for adoption.
9The department of human services shall investigate the person
10petitioning for adoption and the child and shall file with the
11juvenile court or court a statement of whether the department
12will provide assistance as provided in section 600.17, this
13section, and sections 600.19 through 600.22, the estimated
14amount, extent, and duration of assistance, and any other
15information the juvenile court or court may order.
162. If the department of human services is unable to
17determine that an insurance policy will cover the costs of
18special services, it shall proceed as if no policy existed, for
19the purpose of determining eligibility to receive assistance.
20The department shall, to the amount of financial assistance
21given, be subrogated to the rights of the adoptive parent in
22the insurance contract.
23 Sec. 1254. Section 600.22, Code 2023, is amended to read as
24follows:
25600.22 Rules.
26The department of human services shall adopt rules in
27accordance with the provisions of chapter 17A, which are
28necessary for the administration of sections 600.17 through
29600.21 and 600.23.
30 Sec. 1255. Section 600.23, subsection 1, Code 2023, is
31amended to read as follows:
321. Purpose. The department of human services may enter
33into interstate agreements with state agencies of other states
34for the protection of children on behalf of whom adoption
35subsidy is being provided by the department of human services
-841-1 and to provide procedures for interstate children’s adoption
2assistance payments, including medical payments.
3 Sec. 1256. Section 600.23, subsection 2, paragraphs a and b,
4Code 2023, are amended to read as follows:
5a. The Iowa department of human services may enter into
6interstate agreements with state agencies of other states for
7the provision of medical services to adoptive families who
8participate in the subsidized adoption or adoption assistance
9program.
10b. The Iowa department of human services may develop,
11participate in the development of, negotiate, and enter into
12one or more interstate compacts on behalf of this state with
13other states to implement one or more of the purposes set forth
14in this section. When so entered into, and for so long as it
15shall remain in force, such a compact shall have the force and
16effect of law.
17 Sec. 1257. Section 600.23, subsection 4, paragraphs a, b,
18and c, Code 2023, are amended to read as follows:
19a. A child with special needs residing in this state who is
20the subject of an adoption assistance agreement with another
21state shall be entitled to receive a medical assistance card
22from this state upon the filing of a certified copy of the
23adoption assistance agreement obtained from the adoption
24assistance state. In accordance with regulations of the Iowa
25 department of human services, the adoptive parents shall be
26required at least annually to show that the agreement is still
27in force or has been renewed.
28b. The Iowa department of human services shall consider the
29holder of a medical assistance card pursuant to this section as
30any other holder of a medical assistance card under the laws
31of this state and shall process and make payment on claims
32on account of such holder in the same manner and pursuant to
33the same conditions and procedures as for other recipients of
34medical assistance.
35c. The Iowa department of human services shall provide
-842-1coverage and benefits for a child who is in another state and
2who is covered by an adoption subsidy agreement made prior
3to July 1, 1987, by the Iowa department of human services
4 for the coverage or benefits, if any, not provided by the
5residence state. The adoptive parents acting for the child may
6submit evidence of payment for services or benefit amounts not
7payable in the residence state and shall be reimbursed for such
8expense. However, reimbursement shall not be made for services
9or benefit amounts covered under any insurance or other third
10party medical contract or arrangement held by the child or the
11adoptive parents. The additional coverages and benefit amounts
12provided pursuant to this subsection shall be for services to
13the cost of which there is no federal contribution, or which,
14if federally aided, are not provided by the residence state.
15Such regulations shall include procedures to be followed in
16obtaining prior approvals for services in those instances where
17required for the assistance.
18 Sec. 1258. Section 600A.2, subsections 5 and 9, Code 2023,
19are amended to read as follows:
205. “Certified adoption investigator” means a person who is
21certified and approved by the department of human services,
22after inspection by the department of inspections and appeals,
23as being capable of conducting an investigation under section
24600.8.
259. “Department” means the state department of health and
26 human services or its subdivisions.
27 Sec. 1259. Section 600A.4, subsection 2, paragraph d,
28subparagraph (2), Code 2023, is amended to read as follows:
29(2) If accepted, the counseling shall be provided after
30the birth of the child and prior to the signing of a release
31of custody or the filing of a petition for termination of
32parental rights as applicable. Counseling shall be provided
33only by a person who is qualified under rules adopted by the
34department of human services which shall include a requirement
35that the person complete a minimum number of hours of training
-843-1in the area of adoption-related counseling approved by the
2department. If counseling is accepted, the counselor shall
3provide an affidavit, which shall be attached to the release of
4custody, when practicable, certifying that the counselor has
5provided the biological parent with the requested counseling
6and documentation that the person is qualified to provide the
7requested counseling as prescribed by this paragraph “d”. The
8requirements of this paragraph “d” do not apply to a release
9of custody which is executed for the purposes of a stepparent
10adoption.
11 Sec. 1260. Section 600A.8, subsection 8, paragraph a, Code
122023, is amended to read as follows:
13a. The parent has been determined to be a person with a
14substance-related substance use disorder as defined in section
15125.2 and the parent has committed a second or subsequent
16domestic abuse assault pursuant to section 708.2A.
17 Sec. 1261. Section 600B.38, subsections 1 and 3, Code 2023,
18are amended to read as follows:
191. If public assistance is provided by the department of
20health and human services to or on behalf of a dependent child
21or a dependent child’s caretaker, there is an assignment by
22operation of law to the department of any and all rights in,
23title to, and interest in any support obligation, payment, and
24arrearages owed to or on behalf of the child or caretaker, not
25to exceed the amount of public assistance paid for or on behalf
26of the child or caretaker as follows:
27a. For family investment program assistance, section 239B.6
28shall apply.
29b. For foster care services, section 234.39 shall apply.
30c. For medical assistance, section 252E.11 shall apply.
313. The clerk shall furnish the department with copies of
32all orders or decrees and temporary or domestic abuse orders
33addressing support when the parties are receiving public
34assistance or services are otherwise provided by the child
35support recovery unit services. Unless otherwise specified
-844-1in the order, an equal and proportionate share of any child
2support awarded shall be presumed to be payable on behalf of
3each child subject to the order or judgment for purposes of an
4assignment under this section.
5 Sec. 1262. Section 600B.41A, subsection 3, paragraph c,
6subparagraph (1), Code 2023, is amended to read as follows:
7(1) If enforcement services are being provided by the
8 child support recovery unit services pursuant to chapter 252B,
9notice shall also be served on the child support recovery unit
10 services.
11 Sec. 1263. Section 600B.41A, subsection 11, Code 2023, is
12amended to read as follows:
1311. Participation of the child support recovery unit
14 services created in section 252B.2 in an action brought under
15this section shall be limited as follows:
16a. The unit Child support services shall only participate
17in actions if services are being provided by the unit child
18support services pursuant to chapter 252B.
19b. When services are being provided by the unit child
20support services under chapter 252B, the unit child support
21services may enter an administrative order for blood and
22genetic tests pursuant to chapter 252F.
23c. The unit Child support services is not responsible for or
24required to provide for or assist in obtaining blood or genetic
25tests in any case in which services are not being provided by
26the unit child support services.
27d. The unit Child support services is not responsible for
28the costs of blood or genetic testing conducted pursuant to an
29action brought under this section.
30e. Pursuant to section 252B.7, subsection 4, an attorney
31employed by the unit child support services represents the
32state in any action under this section. The unit’s Child
33support services’ attorney is not the legal representative of
34the mother, the established father, or the child in any action
35brought under this section.
-845-1 Sec. 1264. Section 600C.1, subsection 3, paragraph c,
2subparagraph (2), subparagraph division (f), Code 2023, is
3amended to read as follows:
4(f) Drug abuse Substance use disorder.
5 Sec. 1265. Section 602.4201, subsection 3, paragraph h,
6Code 2023, is amended to read as follows:
7h. Involuntary commitment or treatment of persons with
8substance-related disorders a substance use disorder.
9 Sec. 1266. Section 602.6111, subsection 2, Code 2023, is
10amended to read as follows:
112. Any party, except the child support recovery unit
12 services, filing a petition, complaint, answer, appearance,
13first motion, or any document with the clerk of the district
14court to establish or modify an order for child support
15under chapter 236, 252A, 252K, 598, or 600B shall provide the
16clerk of the district court with the date of birth and social
17security number of the child.
18 Sec. 1267. Section 602.6405, subsection 2, paragraph b,
19Code 2023, is amended to read as follows:
20b. Magistrates shall forward copies of citations issued
21for violations of section 453A.2, subsection 2, and of their
22dispositions to the clerk of the district court. The clerk of
23the district court shall maintain records of citations issued
24and the dispositions of citations, and shall forward a copy of
25the records to the Iowa department of public health and human
26services.
27 Sec. 1268. Section 602.8102, subsections 33, 43, and 47,
28Code 2023, are amended to read as follows:
2933. Furnish to the Iowa department of public health and
30human services a certified copy of a judgment relating to the
31suspension or revocation of a professional license.
3243. Submit to the director of the division of child and
33family services of the department of health and human services
34a duplicate of the findings of the court related to adoptions
35as provided in section 235.3, subsection 7.
-846- 147. Record support payments made pursuant to an order
2entered under chapter 252A, 252F, 598, or 600B, or under a
3comparable statute of another state or foreign country as
4defined in chapter 252K, and through setoff of a state or
5federal income tax refund or rebate, as if the payments were
6received and disbursed by the clerk; forward support payments
7received under section 252A.6 to the department of health
8and human services and furnish copies of orders and decrees
9awarding support to parties receiving welfare public assistance
10as provided in section 252A.13.
11 Sec. 1269. Section 602.8103, subsection 4, paragraph j,
12Code 2023, is amended to read as follows:
13j. Court reporters’ notes and certified transcripts of
14those notes in mental health hearings under section 229.12 and
15substance abuse use disorder hearings under section 125.82,
16ninety days after the respondent has been discharged from
17involuntary custody.
18 Sec. 1270. Section 602.8108, subsection 3, Code 2023, is
19amended to read as follows:
203. The clerk of the district court shall remit to the
21state court administrator, not later than the fifteenth day of
22each month, all moneys collected from the surcharge provided
23in section 911.1 during the preceding calendar month. The
24state court administrator shall allocate and deposit each
25month forty-six percent in the juvenile detention home fund in
26section 232.142, thirty-two percent in the victim compensation
27fund established in section 915.94, twenty percent in the
28criminalistics laboratory fund established in section 691.9,
29and two percent in the drug abuse resistance substance use
30disorder education fund established in section 80E.4.
31 Sec. 1271. Section 613.17, subsection 2, paragraph b, Code
322023, is amended to read as follows:
33b. A person or entity that owns, manages, or is otherwise
34responsible for the premises on which an automated external
35defibrillator is located if the person or entity maintains the
-847-1automated external defibrillator in a condition for immediate
2and effective use at all times, subject to standards developed
3by the department of public health and human services by rule.
4 Sec. 1272. Section 622.10, subsection 6, paragraph a, Code
52023, is amended to read as follows:
6a. The fee charged for the cost of producing the requested
7records or images shall be based upon the actual cost
8of production. If the written request and accompanying
9patient’s waiver, if required, authorizes the release of
10all of the patient’s records for the requested time period,
11including records relating to the patient’s mental health,
12substance abuse use disorder, and acquired immune deficiency
13syndrome-related conditions, the amount charged shall not
14exceed the rates established by the workers’ compensation
15commissioner for copies of records in workers’ compensation
16cases. If requested, the provider shall include an affidavit
17certifying that the records or images produced are true and
18accurate copies of the originals for an additional fee not to
19exceed ten dollars.
20 Sec. 1273. Section 622A.7, Code 2023, is amended to read as
21follows:
22622A.7 Rules.
23The supreme court, after consultation with the department
24of health and human rights services and other appropriate
25departments, shall adopt rules governing the qualifications and
26compensation of interpreters or translators appearing in legal
27proceedings under this chapter. However, an administrative
28agency which is subject to chapter 17A may adopt rules
29differing from those of the supreme court governing the
30qualifications and compensation of interpreters or translators
31appearing in proceedings before that agency.
32 Sec. 1274. Section 622B.1, subsection 2, Code 2023, is
33amended to read as follows:
342. The supreme court, after consultation with the
35department of health and human rights services, shall adopt
-848-1rules governing the qualifications and compensation of sign
2language interpreters appearing in a legal proceeding or before
3an administrative agency under this chapter. However, an
4administrative agency which is subject to chapter 17A may adopt
5rules differing from those of the supreme court governing the
6qualifications and compensation of sign language interpreters
7appearing in proceedings before that agency.
8 Sec. 1275. Section 622B.4, Code 2023, is amended to read as
9follows:
10622B.4 List.
11The office of deaf services of the department of health
12and human rights services shall prepare and continually
13update a listing of qualified and available sign language
14interpreters. The courts and administrative agencies shall
15maintain a directory of qualified interpreters for deaf and
16hard-of-hearing persons as furnished by the department of
17health and human rights services. The office of deaf services
18of the department of health and human services shall maintain
19a list of sign language interpreters which shall be made
20available to a court, administrative agency, or interested
21parties to an action using the services of a sign language
22interpreter.
23 Sec. 1276. Section 626.29, Code 2023, is amended to read as
24follows:
25626.29 Distress warrant by director of revenue, director of
26inspections and appeals, or director of workforce development.
27In the service of a distress warrant issued by the director
28of revenue for the collection of taxes administered by or debts
29to be collected by the department of revenue, in the service of
30a distress warrant issued by the director of inspections and
31appeals for the collection of overpayment debts owed to the
32department of health and human services, or in the service of a
33distress warrant issued by the director of the department of
34workforce development for the collection of employment security
35contributions, the property of the taxpayer or the employer in
-849-1the possession of another, or debts due the taxpayer or the
2employer, may be reached by garnishment.
3 Sec. 1277. Section 633.231, Code 2023, is amended to read
4as follows:
5633.231 Notice in intestate estates — medical assistance
6claims.
71. Upon opening administration of an intestate estate,
8the administrator shall, in accordance with section 633.410,
9provide by electronic transmission on a form approved by
10the department of health and human services to the entity
11designated by the department of health and human services,
12a notice of opening administration of the estate and of
13the appointment of the administrator, which shall include a
14notice to file claims with the clerk or to provide electronic
15notification to the administrator that the department has no
16claim within six months from the date of sending this notice,
17or thereafter be forever barred.
182. The notice shall be in substantially the following form:
19In the District Court of Iowa
20in and for ..... County.
21In the Estate ofProbate No.....
22....., Deceased
23NOTICE OF OPENING
24ADMINISTRATION OF
25ESTATE, OF APPOINTMENT OF
26ADMINISTRATOR, AND
27NOTICE TO CREDITOR
28To the Department of Health and Human Services Who May Be
29Interested in the Estate of ....., Deceased, who died on or
30about ...... (date):
31You are hereby notified that on the .. day of ... (month),
32... (year), an intestate estate was opened in the above-named
33court and that ..... was appointed administrator of the
34estate.
35You are further notified that the birthdate of the
-850-1deceased is ... and the deceased’s social security number
2is ...-...-.... The name of the spouse is ......... The
3birthdate of the spouse is ... and the spouse’s social
4security number is ...-...-...., and that the spouse of the
5deceased is alive as of the date of this notice, or deceased as
6of ...... (date).
7You are further notified that the deceased was/was not a
8disabled or a blind child of the medical assistance recipient
9by the name of ....., who had a birthdate of ... and a social
10security number of ...-...-...., and the medical assistance
11debt of that medical assistance recipient was waived pursuant
12to section 249A.53, subsection 2, paragraph “a”, subparagraph
13(1), and is now collectible from this estate pursuant to
14section 249A.53, subsection 2, paragraph “b”.
15Notice is hereby given that if the department of health
16and human services has a claim against the estate for the
17deceased person or persons named in this notice, the claim
18shall be filed with the clerk of the above-named district
19court, as provided by law, duly authenticated, for allowance,
20within six months from the date of sending this notice and,
21unless otherwise allowed or paid, the claim is thereafter
22forever barred. If the department does not have a claim, the
23department shall return the notice to the administrator with
24notification stating the department does not have a claim
25within six months from the date of sending this notice.
26Dated this .. day of ... (month), ... (year)
27....................
28Administrator of the estate
29....................
30Address
31....................
32Attorney for the administrator
33....................
34Address
35 Sec. 1278. Section 633.304A, Code 2023, is amended to read
-851-1as follows:
2633.304A Notice of probate of will — medical assistance
3claims.
41. On admission of a will to probate, the executor shall,
5in accordance with section 633.410, provide by electronic
6transmission on a form approved by the department of health and
7 human services to the entity designated by the department of
8health and human services, a notice of admission of the will
9to probate and of the appointment of the executor, which shall
10include a notice to file claims with the clerk or to provide
11electronic notification to the executor that the department
12has no claim within six months of sending this notice, or
13thereafter be forever barred.
142. The notice shall be in substantially the following form:
15In the District Court of Iowa
16in and for ..... County.
17Probate No. ....
18In the Estate ofNOTICE OF PROBATE OF WILL,
19....., DeceasedOF APPOINTMENT OF
20EXECUTOR, AND
21NOTICE TO CREDITORS
22To the Department of Health and Human Services, Who May Be
23Interested in the Estate of ....., Deceased, who died on or
24about ...... (date):
25You are hereby notified that on the .. day of ...(month),
26...(year), the last will and testament of ......, deceased,
27bearing date of the .. day of ... (month), ... (year) was
28admitted to probate in the above-named court and that ......
29was appointed executor of the estate.
30You are further notified that the birthdate of the
31deceased is ... and the deceased’s social security number is
32...-...-.... The name of the spouse is ...... The birthdate
33of the spouse is ... and the spouse’s social security number
34is ...-...-...., and that the spouse of the deceased is alive
35as of the date of this notice, or deceased as of ..... (date).
-852- 1You are further notified that the deceased was/was not a
2disabled or a blind child of the medical assistance recipient
3by the name of ......, who had a birthdate of .... and a social
4security number of ...-...-...., and the medical assistance
5debt of that medical assistance recipient was waived pursuant
6to section 249A.53, subsection 2, paragraph “a”, subparagraph
7(1), and is now collectible from this estate pursuant to
8section 249A.53, subsection 2, paragraph “b”.
9Notice is hereby given that if the department of health
10and human services has a claim against the estate for the
11deceased person or persons named in this notice, the claim
12shall be filed with the clerk of the above-named district
13court, as provided by law, duly authenticated, for allowance
14within six months from the date of sending this notice and,
15unless otherwise allowed or paid, the claim is thereafter
16forever barred. If the department does not have a claim,
17the department shall return the notice to the executor with
18notification that the department does not have a claim within
19six months from the date of sending this notice.
20Dated this .. day of ... (month), ... (year)
21......
22Executor of estate
23........
24Address
25......
26Attorney for executor
27........
28Address
29 Sec. 1279. Section 633.336, Code 2023, is amended to read
30as follows:
31633.336 Damages for wrongful death.
32When a wrongful act produces death, damages recovered as a
33result of the wrongful act shall be disposed of as personal
34property belonging to the estate of the deceased; however, if
35the damages include damages for loss of services and support
-853-1of a deceased spouse, parent, or child, the damages shall be
2apportioned by the court among the surviving spouse, children,
3and parents of the decedent in a manner as the court may deem
4equitable consistent with the loss of services and support
5sustained by the surviving spouse, children, and parents
6respectively. Any recovery by a parent for the death of a
7child shall be subordinate to the recovery, if any, of the
8spouse or a child of the decedent. If the decedent leaves
9a spouse, child, or parent, damages for wrongful death shall
10not be subject to debts and charges of the decedent’s estate,
11except for amounts to be paid to the department of health
12and human services for payments made for medical assistance
13pursuant to chapter 249A, paid on behalf of the decedent from
14the time of the injury which gives rise to the decedent’s death
15up until the date of the decedent’s death.
16 Sec. 1280. Section 633.356, subsection 3, paragraph a,
17subparagraph (9), Code 2023, is amended to read as follows:
18(9) That no debt is owed to the department of health and
19 human services for reimbursement of Medicaid benefits; or if
20debt is owed, that the debt will be paid to the extent of funds
21received pursuant to the affidavit.
22 Sec. 1281. Section 633.356, subsection 8, paragraph b, Code
232023, is amended to read as follows:
24b. When the department of health and human services is
25entitled to money or property of a decedent pursuant to section
26249A.53, subsection 2, and no affidavit has been presented by
27a successor as defined in subsection 2, paragraph “a” or “b”,
28within ninety days of the date of the decedent’s death, the
29funds in the account or other property, up to the amount of
30the claim of the department, shall be paid to the department
31upon presentation by the department or an entity designated by
32the department of an affidavit to the holder of the decedent’s
33property. Such affidavit shall include the information
34specified in subsection 3, except that the department may
35submit proof of payment of funeral expenses as verification
-854-1of the decedent’s death instead of a certified copy of the
2decedent’s death certificate. The amount of the department’s
3claim shall also be included in the affidavit, which shall
4entitle the department to receive the funds as a successor.
5The department shall issue a refund within sixty days to any
6claimant with a superior priority pursuant to section 633.425,
7if notice of such claim is given to the department, or to the
8entity designated by the department to receive notice, within
9one year of the department’s receipt of funds. This paragraph
10shall apply to funds or property of the decedent transferred
11to the custody of the treasurer of state as unclaimed property
12pursuant to chapter 556.
13 Sec. 1282. Section 633.410, subsection 2, Code 2023, is
14amended to read as follows:
152. Notwithstanding subsection 1, claims for debts created
16under section 249A.53, subsection 2, relating to the recovery
17of medical assistance payments shall be barred under this
18section unless filed with the clerk within six months after
19sending notice by electronic transmission, on the form
20prescribed in section 633.231 for intestate estates or on the
21form prescribed in section 633.304A for testate estates, to
22the entity designated by the department of health and human
23services to receive notice.
24 Sec. 1283. Section 633.564, subsection 3, Code 2023, is
25amended to read as follows:
263. The judicial branch, in conjunction with the department
27of public safety, the department of health and human services,
28and the state chief information officer, shall establish
29procedures for electronic access to the single contact
30repository established pursuant to section 135C.33 necessary to
31conduct background checks requested under subsection 1.
32 Sec. 1284. Section 633.641, subsection 4, Code 2023, is
33amended to read as follows:
344. The conservator shall report to the department of health
35and human services the protected person’s assets and income,
-855-1if the protected person is receiving medical assistance under
2chapter 249A. Such reports shall be made upon establishment of
3a conservatorship for an individual applying for or receiving
4medical assistance, upon application for benefits on behalf
5of the protected person, upon annual or semiannual review of
6continued medical assistance eligibility, when any significant
7change in the protected person’s assets or income occurs, or
8as otherwise requested by the department of health and human
9services. Written reports shall be provided to the department
10of health and human services office for the county in which the
11protected person resides or the office in which the protected
12person’s medical assistance is administered.
13 Sec. 1285. Section 633B.120, subsection 2, paragraph f,
14Code 2023, is amended to read as follows:
15f. The person makes, or has actual knowledge that another
16person has made, a report to the department of health and human
17services stating a good-faith belief that the principal may be
18subject to physical or financial abuse, neglect, exploitation,
19or abandonment by the agent or a person acting for or with the
20agent.
21 Sec. 1286. Section 633C.1, Code 2023, is amended to read as
22follows:
23633C.1 Definitions.
24For purposes of this chapter, unless the context otherwise
25requires:
261. “Available monthly income” means in reference to a
27medical assistance income trust beneficiary, any income
28received directly by the beneficiary, not from the trust,
29that counts as income in determining eligibility for medical
30assistance and any amounts paid to or otherwise made available
31to the beneficiary by the trustee pursuant to section 633C.3,
32subsection 1, paragraph “b”, or section 633C.3, subsection 2,
33paragraph “b”.
342. “Beneficiary” means the original beneficiary of a medical
35assistance special needs trust or medical assistance income
-856-1trust, whose assets funded the trust.
23. “Department” means the department of health and human
3services.
43. 4. “Institutionalized individual” means an individual
5receiving nursing facility services, a level of care in any
6institution equivalent to nursing facility services, or home
7and community-based services under the medical assistance home
8and community-based services waiver program.
94. 5. “Maximum monthly medical assistance payment rate for
10services in an intermediate care facility for persons with an
11intellectual disability” means the allowable rate established by
12the department of human services and as published in the Iowa
13administrative bulletin.
145. 6. “Medical assistance” means medical assistance as
15defined in section 249A.2.
166. 7. “Medical assistance income trust” means a trust or
17similar legal instrument or device that meets the criteria of
1842 U.S.C. §1396p(d)(4)(B)(i)-(ii).
197. 8. “Medical assistance special needs trust” means a trust
20or similar legal instrument or device that meets the criteria
21of 42 U.S.C. §1396p(d)(4)(A) or (C).
228. 9. “Statewide average charge for state mental health
23institute care” means the statewide average charge for such
24care as calculated by the department of human services and as
25published in the Iowa administrative bulletin.
269. 10. “Statewide average charge for nursing facility
27services” means the statewide average charge for such care,
28excluding charges by Medicare-certified, skilled nursing
29facilities, as calculated by the department of human services
30 and as published in the Iowa administrative bulletin.
3110. 11. “Statewide average charge to private-pay patients
32for psychiatric medical institutions for children care” means
33the statewide average charge for such care as calculated by
34the department of human services and as published in the Iowa
35administrative bulletin.
-857- 111. 12. “Total monthly income” means in reference to a
2medical assistance income trust beneficiary, income received
3directly by the beneficiary, not from the trust, that counts
4as income in determining eligibility for medical assistance,
5income of the beneficiary received by the trust that would
6otherwise count as income in determining the beneficiary’s
7eligibility for medical assistance, and income or earnings of
8the trust received by the trust.
9 Sec. 1287. Section 633C.5, Code 2023, is amended to read as
10follows:
11633C.5 Cooperation.
121. The department of human services shall cooperate with
13the trustee of a medical assistance special needs trust or a
14medical assistance income trust in determining the appropriate
15disposition of the trust under sections 633C.2 and 633C.3.
162. The trustee of a medical assistance special needs trust
17or medical assistance income trust shall cooperate with the
18department of human services in supplying information regarding
19a trust established under this chapter.
20 Sec. 1288. Section 642.2, subsection 4, Code 2023, is
21amended to read as follows:
224. Notwithstanding subsections 2, 3, 6, and 7, any moneys
23owed to the child support obligor by the state, with the
24exception of unclaimed property held by the treasurer of
25state pursuant to chapter 556, and payments owed to the child
26support obligor through the Iowa public employees’ retirement
27system are subject to garnishment, attachment, execution, or
28assignment by the child support recovery unit services if the
29 child support recovery unit services is providing enforcement
30services pursuant to chapter 252B. Any moneys that are
31determined payable by the treasurer pursuant to section 556.20,
32subsection 2, to the child support obligor shall be subject
33to setoff pursuant to section 8A.504, notwithstanding any
34administrative rule pertaining to the child support recovery
35unit services limiting the amount of the offset.
-858-1 Sec. 1289. Section 669.2, subsection 4, paragraph a, Code
22023, is amended to read as follows:
3a. “Employee of the state” includes any one or more
4officers, agents, or employees of the state or any state
5agency, including members of the general assembly, and persons
6acting on behalf of the state or any state agency in any
7official capacity, temporarily or permanently in the service of
8the state of Iowa, whether with or without compensation, but
9does not include a contractor doing business with the state.
10Professional personnel, including physicians, osteopathic
11physicians and surgeons, osteopathic physicians, optometrists,
12dentists, nurses, physician assistants, and other medical
13personnel, who render services to patients or inmates of state
14institutions under the jurisdiction of the department of health
15and human services or the Iowa department of corrections,
16and employees of the department of veterans affairs, are to
17be considered employees of the state, whether the personnel
18are employed on a full-time basis or render services on
19a part-time basis on a fee schedule or other arrangement.
20Criminal defendants while performing unpaid community service
21ordered by the district court, board of parole, or judicial
22district department of correctional services, or an inmate
23providing services pursuant to a chapter 28E agreement entered
24into pursuant to section 904.703, and persons supervising
25those inmates under and according to the terms of the chapter
2628E agreement, are to be considered employees of the state.
27Members of the Iowa national guard performing duties in
28a requesting state pursuant to section 29C.21 are to be
29considered employees of the state solely for the purpose of
30claims arising out of those duties in the event that the
31requesting state’s tort claims coverage does not extend to
32such members of the Iowa national guard or is less than that
33provided under Iowa law.
34 Sec. 1290. Section 674.3, Code 2023, is amended to read as
35follows:
-859- 1674.3 Petition copy.
2A copy of the petition shall be filed by the clerk of court
3with the division for records and state registrar of vital
4 statistics of the Iowa department of public health and human
5services.
6 Sec. 1291. Section 674.7, Code 2023, is amended to read as
7follows:
8674.7 Copy to Iowa department of public health and human
9services.
10When the court grants a decree of change of name, the clerk
11of the court shall furnish the petitioner with a certified copy
12of the decree and mail an abstract of a decree requiring a name
13change to be reflected on a birth certificate to the state
14registrar of vital statistics of the Iowa department of public
15 health and human services on a form provided by the state
16registrar.
17 Sec. 1292. Section 686D.2, subsection 11, paragraph e, Code
182023, is amended to read as follows:
19e. Any state agency, including the department of public
20 health and human services.
21 Sec. 1293. Section 691.5, Code 2023, is amended to read as
22follows:
23691.5 State medical examiner.
24The office and position of state medical examiner is
25established for administrative purposes within the Iowa
26 department of public health and human services. Other state
27agencies shall cooperate with the state medical examiner in
28the use of state-owned facilities when appropriate for the
29performance of nonadministrative duties of the state medical
30examiner. The state medical examiner shall be a physician
31and surgeon or osteopathic physician and surgeon, be licensed
32to practice medicine in the state of Iowa, and be board
33certified or eligible to be board certified in anatomic and
34forensic pathology by the American board of pathology. The
35state medical examiner shall be appointed by and serve at the
-860-1pleasure of the director of public health and human services
2 upon the advice of and in consultation with the director of
3public safety and the governor. The state medical examiner,
4in consultation with the director of public health and human
5services, shall be responsible for developing and administering
6the medical examiner’s budget and for employment of medical
7examiner staff and assistants. The state medical examiner
8may be a faculty member of the university of Iowa college of
9medicine or the college of law at the university of Iowa, and
10any of the examiner’s assistants or staff may be members of the
11faculty or staff of the university of Iowa college of medicine
12or the college of law at the university of Iowa.
13 Sec. 1294. Section 691.6, subsection 3, Code 2023, is
14amended to read as follows:
153. To adopt rules pursuant to chapter 17A and subject to the
16approval of the director of public health and human services.
17 Sec. 1295. Section 691.6, subsection 10, Code 2023, is
18amended by striking the subsection.
19 Sec. 1296. Section 691.6A, Code 2023, is amended to read as
20follows:
21691.6A Deputy state medical examiner — creation and duties.
22The position of deputy state medical examiner is created
23within the office of the state medical examiner. The deputy
24state medical examiner shall report to and be responsible to
25the state medical examiner. The deputy state medical examiner
26shall meet the qualification criteria established in section
27691.5 for the state medical examiner and shall be subject to
28rules adopted by the state medical examiner as provided in
29section 691.6, subsection 3. The state medical examiner and
30the deputy state medical examiner shall function as a team,
31providing peer review as necessary, fulfilling each other’s job
32responsibilities during times of absence, and working jointly
33to provide services and education to county medical examiners,
34law enforcement officials, hospital pathologists, and other
35individuals and entities. The deputy medical examiner may
-861-1be, but is not required to be, a full-time salaried faculty
2member of the department of pathology of the university of Iowa
3college of medicine. If the medical examiner is a full-time
4salaried faculty member of the department of pathology of the
5university of Iowa college of medicine, the Iowa department
6of public health and human services and the state board of
7regents shall enter into a chapter 28E agreement to define the
8activities and functions of the deputy medical examiner, and
9to allocate deputy medical examiner costs, consistent with the
10requirements of this section.
11 Sec. 1297. Section 691.6B, subsection 1, paragraph b, Code
122023, is amended to read as follows:
13b. Advise the state medical examiner concerning the
14assurance of effective coordination of the functions and
15operations of the office of the state medical examiner with the
16needs and interests of the departments of public safety and
17public health and human services.
18 Sec. 1298. Section 691.6B, subsection 2, paragraph c, Code
192023, is amended to read as follows:
20c. The director of public health and human services or the
21director’s designee.
22 Sec. 1299. Section 691.7, Code 2023, is amended to read as
23follows:
24691.7 Commissioner to accept federal or private grants.
25The commissioner of public safety may accept federal
26or private funds or grants to aid in the establishment or
27operation of the state criminalistics laboratory, and the
28director of public health and human services or the state board
29of regents may accept federal or private funds or grants to
30aid in the establishment or operation of the position of state
31medical examiner.
32 Sec. 1300. Section 692.15, subsection 1, Code 2023, is
33amended to read as follows:
341. If it comes to the attention of a sheriff, police
35department, or other law enforcement agency that a public
-862-1offense or delinquent act has been committed in its
2jurisdiction, the law enforcement agency shall report
3information concerning the public offense or delinquent act to
4the department on a form to be furnished by the department not
5more than thirty-five days from the time the public offense
6or delinquent act first comes to the attention of the law
7enforcement agency. The reports shall be used to generate
8crime statistics. The department shall submit statistics to
9the governor, the general assembly, and the division of subunit
10of the department of health and human services responsible for
11 criminal and juvenile justice planning of the department of
12human rights on a quarterly and yearly basis.
13 Sec. 1301. Section 707.6A, subsection 1D, Code 2023, is
14amended to read as follows:
151D. Where the program is available and appropriate for
16the defendant, the court shall also order the defendant to
17participate in a reality education substance abuse use disorder
18 prevention program as provided in section 321J.24.
19 Sec. 1302. Section 708.3A, subsections 1, 2, 3, and 4, Code
202023, are amended to read as follows:
211. A person who commits an assault, as defined in section
22708.1, against a peace officer, jailer, correctional staff,
23member or employee of the board of parole, health care
24provider, employee of the department of health and human
25services, employee of the department of revenue, national
26guard member engaged in national guard duty or state active
27duty, civilian employee of a law enforcement agency, civilian
28employee of a fire department, or fire fighter, whether paid
29or volunteer, with the knowledge that the person against
30whom the assault is committed is a peace officer, jailer,
31correctional staff, member or employee of the board of parole,
32health care provider, employee of the department of health and
33 human services, employee of the department of revenue, national
34guard member engaged in national guard duty or state active
35duty, civilian employee of a law enforcement agency, civilian
-863-1employee of a fire department, or fire fighter and with the
2intent to inflict a serious injury upon the peace officer,
3jailer, correctional staff, member or employee of the board
4of parole, health care provider, employee of the department
5of health and human services, employee of the department of
6revenue, national guard member engaged in national guard duty
7or state active duty, civilian employee of a law enforcement
8agency, civilian employee of a fire department, or fire
9fighter, is guilty of a class “D” felony.
102. A person who commits an assault, as defined in section
11708.1, against a peace officer, jailer, correctional staff,
12member or employee of the board of parole, health care
13provider, employee of the department of health and human
14services, employee of the department of revenue, national
15guard member engaged in national guard duty or state active
16duty, civilian employee of a law enforcement agency, civilian
17employee of a fire department, or fire fighter, whether paid
18or volunteer, who knows that the person against whom the
19assault is committed is a peace officer, jailer, correctional
20staff, member or employee of the board of parole, health care
21provider, employee of the department of health and human
22services, employee of the department of revenue, national
23guard member engaged in national guard duty or state active
24duty, civilian employee of a law enforcement agency, civilian
25employee of a fire department, or fire fighter and who uses or
26displays a dangerous weapon in connection with the assault, is
27guilty of a class “D” felony.
283. 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
-864-1or volunteer, who knows that the person against whom the
2assault is committed is a peace officer, jailer, correctional
3staff, member or employee of the board of parole, health care
4provider, employee of the department of health and human
5services, 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 who causes
9bodily injury or mental illness, is guilty of an aggravated
10misdemeanor.
114. Any other assault, as defined in section 708.1, committed
12against a peace officer, jailer, correctional staff, member
13or employee of the board of parole, health care provider,
14employee of the department of health and human services,
15employee of the department of revenue, national guard member
16engaged in national guard duty or state active duty, civilian
17employee of a law enforcement agency, civilian employee of a
18fire department, or fire fighter, whether paid or volunteer,
19by a person who knows that the person against whom the assault
20is committed is a peace officer, jailer, correctional staff,
21member or employee of the board of parole, health care
22provider, employee of the department of health and human
23services, employee of the department of revenue, national
24guard member engaged in national guard duty or state active
25duty, civilian employee of a law enforcement agency, civilian
26employee of a fire department, or fire fighter, is a serious
27misdemeanor.
28 Sec. 1303. Section 708.3A, subsection 5, paragraph b, Code
292023, is amended to read as follows:
30b. “Employee of the department of health and human services”
31means a person who is an employee of an institution controlled
32by the director of health and human services that is listed in
33section 218.1, or who is an employee of the civil commitment
34unit for sex offenders operated by the department of health and
35 human services. A person who commits an assault under this
-865-1section against an employee of the department of health and
2 human services at a department of health and human services
3institution or unit is presumed to know that the person against
4whom the assault is committed is an employee of the department
5of health and human services.
6 Sec. 1304. Section 709.16, subsection 2, paragraph b,
7subparagraphs (2) and (5), Code 2023, are amended to read as
8follows:
9(2) Institutions controlled by the department of health and
10 human services listed in section 218.1.
11(5) Facilities for the treatment of persons with
12substance-related disorders a substance use disorder as defined
13in section 125.2.
14 Sec. 1305. Section 710.8, subsection 3, Code 2023, is
15amended to read as follows:
163. A person shall not harbor a runaway child with the intent
17of allowing the runaway child to remain away from home against
18the wishes of the child’s parent, guardian, or custodian.
19However, the provisions of this subsection do not apply to
20a shelter care home which is licensed or approved by the
21department of health and human services.
22 Sec. 1306. Section 714G.8, subsection 5, Code 2023, is
23amended to read as follows:
245. The department of health and human services or its agents
25or assignees acting to investigate fraud under the medical
26assistance program.
27 Sec. 1307. Section 715A.11, subsection 5, Code 2023, is
28amended to read as follows:
295. A person who violates this section is guilty of a simple
30misdemeanor for a first offense and a serious misdemeanor for
31each subsequent offense. The court may require a substance
32abuse use disorder evaluation and treatment through a program
33licensed by the Iowa department of public health and human
34services in lieu of or in addition to other penalties. Any
35substance abuse use disorder evaluation required under this
-866-1subsection shall be completed at the expense of the defendant.
2 Sec. 1308. Section 724.31, subsection 2, Code 2023, is
3amended to read as follows:
42. A person who is subject to the disabilities imposed
5by 18 U.S.C. §922(d)(4) and (g)(4) because of an order or
6judgment that occurred under the laws of this state may
7petition the court that issued the order or judgment or the
8court in the county where the person resides for relief from
9the disabilities imposed under 18 U.S.C. §922(d)(4) and (g)(4).
10A copy of the petition shall also be served on the director of
11health and human services and the county attorney at the county
12attorney’s office of the county in which the original order
13occurred, and the director or the county attorney may appear,
14support, object to, and present evidence relevant to the relief
15sought by the petitioner.
16 Sec. 1309. Section 725.1, subsection 1, paragraph b, Code
172023, is amended to read as follows:
18b. If the person who sells or offers for sale the person’s
19services as a partner in a sex act is under the age of eighteen,
20the county attorney may elect, in lieu of filing a petition
21alleging that the person has committed a delinquent act,
22to refer that person to the department of health and human
23services for the possible filing of a petition alleging that
24the person is a child in need of assistance.
25 Sec. 1310. Section 730.5, subsection 1, paragraph g, Code
262023, is amended to read as follows:
27g. “Medical review officer” means a licensed physician,
28osteopathic physician, chiropractor, nurse practitioner, or
29physician assistant authorized to practice in any state of the
30United States, who is responsible for receiving laboratory
31results generated by an employer’s drug or alcohol testing
32program, and who has knowledge of substance abuse use disorders
33and has appropriate medical training to interpret and evaluate
34an individual’s confirmed positive test result together
35with the individual’s medical history and any other relevant
-867-1biomedical information.
2 Sec. 1311. Section 730.5, subsection 3, Code 2023, is
3amended to read as follows:
43. Testing optional. This section does not require or
5create a legal duty on an employer to conduct drug or alcohol
6testing and the requirements of this section shall not be
7construed to encourage, discourage, restrict, limit, prohibit,
8or require such testing. In addition, an employer may
9implement and require drug or alcohol testing at some but not
10all of the work sites of the employer and the requirements of
11this section shall only apply to the employer and employees who
12are at the work sites where drug or alcohol testing pursuant to
13this section has been implemented. A cause of action shall not
14arise in favor of any person against an employer or agent of an
15employer based on the failure of the employer to establish a
16program or policy on substance abuse use disorder prevention
17or to implement any component of testing as permitted by this
18section.
19 Sec. 1312. Section 730.5, subsection 7, paragraph f, Code
202023, is amended to read as follows:
21f. All confirmatory drug testing shall be conducted at a
22laboratory certified by the United States department of health
23and human services’ substance abuse and mental health services
24administration or approved under rules adopted by the Iowa
25 department of public health and human services.
26 Sec. 1313. Section 730.5, subsection 9, paragraph c,
27subparagraph (2), Code 2023, is amended to read as follows:
28(2) If an employer does not have an employee assistance
29program, the employer must maintain a resource file of alcohol
30and other drug abuse substance use disorder programs certified
31by the Iowa department of public health and human services,
32mental health providers, and other persons, entities, or
33organizations available to assist employees with personal or
34behavioral problems. The employer shall provide all employees
35information about the existence of the resource file and a
-868-1summary of the information contained within the resource file.
2The summary should contain, but need not be limited to, all
3information necessary to access the services listed in the
4resource file.
5 Sec. 1314. Section 730.5, subsection 9, paragraph g,
6subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
7to read as follows:
8Upon receipt of a confirmed positive alcohol test
9which indicates an alcohol concentration greater than the
10concentration level established by the employer pursuant to
11this section, and if the employer has at least fifty employees,
12and if the employee has been employed by the employer for
13at least twelve of the preceding eighteen months, and if
14rehabilitation is agreed upon by the employee, and if the
15employee has not previously violated the employer’s substance
16abuse use disorder prevention policy pursuant to this section,
17the written policy shall provide for the rehabilitation of the
18employee pursuant to subsection 10, paragraph “a”, subparagraph
19(1), and the apportionment of the costs of rehabilitation as
20provided by this paragraph “g”.
21 Sec. 1315. Section 730.5, subsection 9, paragraph h, Code
222023, is amended to read as follows:
23h. In order to conduct drug or alcohol testing under this
24section, an employer shall require supervisory personnel of
25the employer involved with drug or alcohol testing under this
26section to attend a minimum of two hours of initial training
27and to attend, on an annual basis thereafter, a minimum of one
28hour of subsequent training. The training shall include, but
29is not limited to, information concerning the recognition of
30evidence of employee alcohol and other drug abuse substance
31use disorder, the documentation and corroboration of employee
32alcohol and other drug abuse substance use disorder, and the
33referral of employees who abuse alcohol or other drugs with a
34substance use disorder to the employee assistance program or
35to the resource file maintained by the employer pursuant to
-869-1paragraph “c”, subparagraph (2).
2 Sec. 1316. Section 730.5, subsection 11, paragraph d, Code
32023, is amended to read as follows:
4d. Termination or suspension of any substance abuse use
5disorder prevention or testing program or policy.
6 Sec. 1317. Section 730.5, subsection 12, paragraph b,
7subparagraph (1), Code 2023, is amended to read as follows:
8(1) The employer discloses the test results to a person
9other than the employer, an authorized employee, agent, or
10representative of the employer, the tested employee or the
11tested applicant for employment, an authorized substance abuse
12 use disorder treatment program or employee assistance program,
13or an authorized agent or representative of the tested employee
14or applicant.
15 Sec. 1318. Section 730.5, subsection 13, paragraph d,
16subparagraph (1), subparagraph division (e), Code 2023, is
17amended to read as follows:
18(e) To a substance abuse use disorder evaluation or
19treatment facility or professional for the purpose of
20evaluation or treatment of the employee.
21 Sec. 1319. Section 730.5, subsection 16, Code 2023, is
22amended to read as follows:
2316. Reports. A laboratory doing business for an employer
24who conducts drug or alcohol tests pursuant to this section
25shall file an annual report with the Iowa department of public
26 health and human services by March 1 of each year concerning
27the number of drug or alcohol tests conducted on employees who
28work in this state pursuant to this section, and the number
29of positive and negative results of the tests, during the
30previous calendar year. In addition, the laboratory shall
31include in its annual report the specific basis for each test
32as authorized in subsection 8, the type of drug or drugs which
33were found in the positive drug tests, and all significant
34available demographic factors relating to the positive test
35pool.
-870-1 Sec. 1320. Section 804.31, subsection 1, Code 2023, is
2amended to read as follows:
31. When a person is detained for questioning or arrested
4for an alleged violation of a law or ordinance and there is
5reason to believe that the person is deaf or hard-of-hearing,
6the peace officer making the arrest or taking the person
7into custody or any other officer detaining the person shall
8determine if the person is a deaf or hard-of-hearing person as
9defined in section 622B.1. If the officer so determines, the
10officer, at the earliest possible time and prior to commencing
11any custodial interrogation of the person, shall procure a
12qualified interpreter in accordance with section 622B.2 and the
13rules adopted by the supreme court under section 622B.1 unless
14the deaf or hard-of-hearing person knowingly, voluntarily,
15and intelligently waives the right to an interpreter in
16writing by executing a form prescribed by the department of
17health and human rights services and the Iowa county attorneys
18association. The interpreter shall interpret the officer’s
19warnings of constitutional rights and protections and all other
20warnings, statements, and questions spoken or written by any
21officer, attorney, or other person present and all statements
22and questions communicated in sign language by the deaf or
23hard-of-hearing person.
24 Sec. 1321. Section 811.2, subsection 1, paragraph b, Code
252023, is amended to read as follows:
26b. Any bailable defendant who is charged with unlawful
27possession, manufacture, delivery, or distribution of a
28controlled substance or other drug under chapter 124 and is
29ordered released shall be required, as a condition of that
30release, to submit to a substance abuse use disorder evaluation
31and follow any recommendations proposed in the evaluation for
32appropriate substance abuse use disorder treatment. However,
33if a bailable defendant is charged with manufacture, delivery,
34possession with the intent to manufacture or deliver, or
35distribution of methamphetamine, its salts, optical isomers,
-871-1and salts of its optical isomers, the defendant shall, in
2addition to a substance abuse use disorder evaluation, remain
3under supervision and be required to undergo random drug tests
4as a condition of release.
5 Sec. 1322. Section 812.6, subsection 2, paragraph b, Code
62023, is amended to read as follows:
7b. A defendant who does not pose a danger to the public
8peace or safety, but is otherwise being held in custody, or
9who refuses to cooperate with treatment, shall be committed to
10the custody of the director of health and human services at a
11department of health and human services facility for treatment
12designed to restore the defendant to competency. The costs of
13the treatment pursuant to this paragraph shall be borne by the
14department of health and human services.
15 Sec. 1323. Section 901.3, subsection 1, paragraph h, Code
162023, is amended to read as follows:
17h. Whether the defendant has a history of mental health
18issues or a substance abuse problems use disorder. If so, the
19investigator shall inquire into the treatment options available
20in both the community of the defendant and the correctional
21system.
22 Sec. 1324. Section 901.3, subsection 2, Code 2023, is
23amended to read as follows:
242. All local and state mental and correctional
25institutions, courts, and police agencies shall furnish to the
26investigator on request the defendant’s criminal record and
27other relevant information. The originating source of specific
28mental health or substance abuse use disorder information
29including the histories, treatment, and use of medications
30shall not be released to the presentence investigator unless
31the defendant authorizes the release of such information.
32If the defendant refuses to release the information, the
33presentence investigator may note the defendant’s refusal
34to release mental health or substance abuse use disorder
35 information in the presentence investigation report and rely
-872-1upon other mental health or substance abuse use disorder
2 information available to the presentence investigator.
3With the approval of the court, a physical examination or
4psychiatric evaluation of the defendant may be ordered, or
5the defendant may be committed to an inpatient or outpatient
6psychiatric facility for an evaluation of the defendant’s
7personality and mental health. The results of any such
8examination or evaluation shall be included in the report of
9the investigator.
10 Sec. 1325. Section 901.4, Code 2023, is amended to read as
11follows:
12901.4 Presentence investigation report confidential —
13access.
14The presentence investigation report is confidential and the
15court shall provide safeguards to ensure its confidentiality,
16including but not limited to sealing the report, which may
17be opened only by further court order. The defendant’s
18attorney and the attorney for the state shall have access to
19the presentence investigation report at least three days prior
20to the date set for sentencing. The defendant’s appellate
21attorney and the appellate attorney for the state shall have
22access to the presentence investigation report upon request
23and without the necessity of a court order. The report shall
24remain confidential except upon court order. However, the
25court may conceal the identity of the person who provided
26confidential information. The report of a medical examination
27or psychological or psychiatric evaluation shall be made
28available to the attorney for the state and to the defendant
29upon request. The reports are part of the record but shall
30be sealed and opened only on order of the court. If the
31defendant is committed to the custody of the Iowa department
32of corrections and is not a class “A” felon, an employee
33of the department, if authorized by the director of the
34department, an employee of a judicial district department
35of correctional services, if authorized by the director of
-873-1the judicial district department of correctional services,
2and an employee of the board of parole, if authorized by the
3chairperson or a member of the board of parole, shall have
4access to the presentence investigation report. Pursuant to
5section 904.602, the presentence investigation report may also
6be released by ordinary or electronic mail by the department of
7corrections or a judicial district department of correctional
8services to another jurisdiction for the purpose of providing
9interstate probation and parole compact or interstate compact
10for adult offender supervision services or evaluations, or
11to a substance abuse use disorder or mental health services
12provider when referring a defendant for services. The
13defendant or the defendant’s attorney may file with the
14presentence investigation report, a denial or refutation of the
15allegations, or both, contained in the report. The denial or
16refutation shall be included in the report.
17 Sec. 1326. Section 901.4A, Code 2023, is amended to read as
18follows:
19901.4A Substance abuse use disorder evaluation.
20Upon a plea of guilty, a verdict of guilty, or a special
21verdict upon which a judgment of conviction may be rendered,
22the court may order the defendant to submit to and complete
23a substance abuse use disorder evaluation, if the court
24determines that there is reason to believe that the defendant
25regularly abuses uses alcohol or other controlled substances
26and may be in need of treatment. An order made pursuant to this
27section may be made in addition to any other sentence or order
28of the court.
29 Sec. 1327. Section 901.5, subsection 8, Code 2023, is
30amended to read as follows:
318. The court may order the defendant to complete any
32treatment indicated by a substance abuse use disorder
33 evaluation ordered pursuant to section 901.4A or any other
34section.
35 Sec. 1328. Section 901B.1, subsection 1, paragraph c,
-874-1subparagraph (5), Code 2023, is amended to read as follows:
2(5) A substance abuse use disorder treatment facility
3as established and operated by the Iowa department of public
4 health and human services or the department of corrections.
5 Sec. 1329. Section 901B.1, subsection 3, paragraph c, Code
62023, is amended to read as follows:
7c. A copy of the program and plan shall be filed with
8the chief judge of the judicial district, the department of
9corrections, and the division of subunit of the department of
10health and human services responsible for criminal and juvenile
11justice planning of the department of human rights.
12 Sec. 1330. Section 904.108, subsection 1, paragraph d, Code
132023, is amended to read as follows:
14d. Establish and maintain acceptable standards of treatment,
15training, education, and rehabilitation in the various
16state penal and corrective institutions which shall include
17habilitative services and treatment for offenders with an
18intellectual disability. For the purposes of this paragraph,
19“habilitative services and treatment” means medical, mental
20health, social, educational, counseling, and other services
21which will assist a person with an intellectual disability
22to become self-reliant. However, the director may also
23provide rehabilitative treatment and services to other persons
24who require the services. The director shall identify all
25individuals entering the correctional system who are persons
26with an intellectual disability, as defined in section 4.1.
27Identification shall be made by a qualified professional in the
28area of intellectual disability. In assigning an offender with
29an intellectual disability, or an offender with an inadequately
30developed intelligence or with impaired mental abilities, to
31a correctional facility, the director shall consider both
32the program needs and the security needs of the offender.
33The director shall consult with the department of health
34and human services in providing habilitative services and
35treatment to offenders with mental illness or an intellectual
-875-1disability. The director may enter into agreements with the
2department of health and human services to utilize mental
3health institutions and share staff and resources for purposes
4of providing habilitative services and treatment, as well as
5providing other special needs programming. Any agreement to
6utilize mental health institutions and to share staff and
7resources shall provide that the costs of the habilitative
8services and treatment shall be paid from state funds. Not
9later than twenty days prior to entering into any agreement
10to utilize mental health institution staff and resources,
11other than the use of a building or facility, for purposes of
12providing habilitative services and treatment, as well as other
13special needs programming, the directors of the departments of
14corrections and health and human services shall each notify the
15chairpersons and ranking members of the joint appropriations
16subcommittees that last handled the appropriation for their
17respective departments of the pending agreement. Use of a
18building or facility shall require approval of the general
19assembly if the general assembly is in session or, if the
20general assembly is not in session, the legislative council
21may grant temporary authority, which shall be subject to final
22approval of the general assembly during the next succeeding
23legislative session.
24 Sec. 1331. Section 904.108, subsection 5, Code 2023, is
25amended to read as follows:
265. The director may obtain assistance for the department
27for construction, facility planning, and project accomplishment
28with the department of administrative services and by
29contracting under chapter 28E for data processing with the
30department of health and human services or the department of
31administrative services.
32 Sec. 1332. Section 904.201, subsection 3, paragraph a,
33subparagraph (1), Code 2023, is amended to read as follows:
34(1) Residents transferred from an institution under the
35jurisdiction of the department of health and human services or
-876-1the Iowa department of corrections.
2 Sec. 1333. Section 904.302, unnumbered paragraph 1, Code
32023, is amended to read as follows:
4The director may appoint a farm operations administrator
5for institutions under the control of the departments of
6corrections and health and human services. If appointed, the
7farm operations administrator, subject to the direction of the
8director shall do all of the following:
9 Sec. 1334. Section 904.302, subsections 1, 3, and 8, Code
102023, are amended to read as follows:
111. Manage and supervise all farming and nursery operations
12at institutions, farms and gardens of the departments of
13corrections and health and human services.
143. Develop an annual operations plan for crop and
15livestock production and utilization that will provide work
16experience and contribute to developing vocational skills of
17the institutions’ inmates and residents. The department of
18health and human services must approve the parts of the plan
19that affect farm operations on property of institutions having
20programs of the department of health and human services.
218. Pay property taxes levied against land leased by the
22department of corrections or department of health and human
23services as provided in section 427.1, subsection 1.
24 Sec. 1335. Section 904.503, Code 2023, is amended to read
25as follows:
26904.503 Transfers — persons with mental illness.
271. a. The director may transfer at the expense of the
28department an inmate of one institution to another institution
29under the director’s control if the director is satisfied that
30the transfer is in the best interests of the institutions or
31inmates.
32b. The director may transfer at the expense of the
33department an inmate under the director’s jurisdiction from any
34institution supervised by the director to another institution
35under the control of an administrator of a division of the
-877-1department director of health and human services with the
2consent and approval of the administrator director of health
3and human services and may transfer an inmate to any other
4institution for mental or physical examination or treatment
5retaining jurisdiction over the inmate when so transferred.
6c. If the juvenile court waives its jurisdiction over a
7child over thirteen and under eighteen years of age pursuant
8to section 232.45 so that the child may be prosecuted as an
9adult and if the child is convicted of a public offense in the
10district court and committed to the custody of the director
11under section 901.7, the director may request transfer of the
12child to the state training school under this section. If
13the administrator of a division of the department director of
14health and human services consents and approves the transfer,
15the child may be retained in temporary custody by the state
16training school until attaining the age of eighteen, at which
17time the child shall be returned to the custody of the director
18of the department of corrections to serve the remainder of
19the sentence imposed by the district court. If the child
20becomes a security risk or becomes a danger to other residents
21of the state training school at any time before reaching
22eighteen years of age, the administrator of the division of
23the department director of health and human services may
24immediately return the child to the custody of the director of
25the department of corrections to serve the remainder of the
26sentence.
272. When the director has cause to believe that an inmate
28in a state correctional institution is mentally ill, the
29Iowa department of corrections may cause the inmate to be
30transferred to the Iowa medical and classification center,
31or to another appropriate facility within the department,
32for examination, diagnosis, or treatment. The inmate shall
33be confined at that center or facility or a state hospital
34for persons with mental illness health institute until the
35expiration of the inmate’s sentence or until the inmate
-878-1is pronounced in good mental health. If the inmate is
2pronounced in good mental health before the expiration of the
3inmate’s sentence, the inmate shall be returned to the state
4correctional institution until the expiration of the inmate’s
5sentence.
63. When the director has reason to believe that a prisoner
7in a state correctional institution, whose sentence has
8expired, is mentally ill, the director shall cause examination
9to be made of the prisoner by competent physicians who shall
10certify to the director whether the prisoner is in good
11mental health or mentally ill. The director may make further
12investigation and if satisfied that the prisoner is mentally
13ill, the director may cause the prisoner to be transferred
14to one of the hospitals for persons with mental illness, or
15may order the prisoner to be confined in the Iowa medical and
16classification center.
17 Sec. 1336. Section 904.513, subsection 1, paragraph b,
18subparagraphs (2) and (3), Code 2023, are amended to read as
19follows:
20(2) Offenders convicted of violating chapter 321J,
21sentenced to the custody of the director, and awaiting
22placement in a community residential substance abuse use
23disorder treatment program for such offenders shall be placed
24in an institutional substance abuse use disorder program
25for such offenders within sixty days of admission to the
26institution or as soon as practical. When placing offenders
27convicted of violating chapter 321J in community residential
28substance abuse use disorder treatment programs for such
29offenders, the department shall give priority as appropriate
30to the placement of those offenders currently in institutional
31substance abuse use disorder programs for such offenders. The
32department shall work with each judicial district to enable
33such offenders to enter community residential substance abuse
34 use disorder treatment programs at a level comparable to their
35prior institutional program participation.
-879- 1(3) Assignment shall be for the purposes of risk
2management and substance abuse use disorder treatment and may
3include education or work programs when the offender is not
4participating in other program components.
5 Sec. 1337. Section 904.513, subsection 3, Code 2023, is
6amended to read as follows:
73. The department shall adopt rules for the implementation
8of this section. The rules shall include the requirement
9that the treatment programs established pursuant to this
10chapter meet the licensure standards of the department of
11public health and human services under chapter 125. The rules
12shall also include provisions for the funding of the program
13by means of self-contribution by the offenders, insurance
14reimbursement on behalf of offenders, or other forms of
15funding, program structure, criteria for the evaluation of
16offenders and programs, and all other issues the director shall
17deem appropriate.
18 Sec. 1338. Section 904.514, subsection 1, Code 2023, is
19amended to read as follows:
201. A person committed to an institution under the control of
21the department who bites another person, who causes an exchange
22of bodily fluids with another person, or who causes any bodily
23secretion to be cast upon another person, shall submit to the
24withdrawal of a bodily specimen for testing to determine if the
25person is infected with a contagious infectious disease. The
26bodily specimen to be taken shall be determined by the staff
27physician of the institution. The specimen taken shall be
28sent to the state hygienic laboratory at the state university
29at Iowa City or some other laboratory approved by the Iowa
30 department of public health and human services. If a person
31to be tested pursuant to this section refuses to submit to the
32withdrawal of a bodily specimen, application may be made by the
33superintendent of the institution to the district court for an
34order compelling the person to submit to the withdrawal and,
35if infected, to available treatment. An order authorizing the
-880-1withdrawal of a specimen for testing may be issued only by a
2district judge or district associate judge upon application by
3the superintendent of the institution.
4 Sec. 1339. Section 904.706, subsections 3, 4, and 5, Code
52023, are amended to read as follows:
63. As used in this section, “department” means the Iowa
7 department of corrections and the Iowa department of health and
8 human services.
94. The farm operations administrator appointed under
10section 904.302 shall perform the functions described under
11section 904.302 for agricultural operations on property of the
12Iowa department of health and human services.
135. The Iowa department of health and human services shall
14enter into an agreement under chapter 28D with the Iowa
15department of corrections to implement this section.
16 Sec. 1340. Section 904.809, subsection 5, paragraph c,
17subparagraph (1), Code 2023, is amended to read as follows:
18(1) An amount which the inmate may be legally obligated to
19pay for the support of the inmate’s dependents, which shall
20be paid through the department of health and human services
21collection services center, and which shall include an amount
22for delinquent child support not to exceed fifty percent of net
23earnings.
24 Sec. 1341. Section 904.905, subsection 1, paragraph a, Code
252023, is amended to read as follows:
26a. An amount the inmate may be legally obligated to pay for
27the support of the inmate’s dependents, the amount of which
28shall be paid to the dependents through the department of
29health and human services office or unit serving the county or
30city in which the dependents reside.
31 Sec. 1342. Section 905.4, subsection 9, Code 2023, is
32amended to read as follows:
339. Arrange, by contract or on an alternative basis mutually
34acceptable, and with approval of the director of the Iowa
35department of corrections or that director’s designee for
-881-1utilization of existing local treatment and service resources,
2including but not limited to employment, job training, general,
3special, or remedial education; psychiatric and marriage
4counseling; and alcohol and drug abuse substance use disorder
5 treatment and counseling. It is the intent of this chapter
6that a district board shall approve the development and
7maintenance of such resources by its own staff only if the
8resources are otherwise unavailable to the district department
9within reasonable proximity to the community where these
10services are needed in connection with the community-based
11correctional program.
12 Sec. 1343. Section 905.12, subsection 1, paragraph a, Code
132023, is amended to read as follows:
14a. An amount the resident may be legally obligated to pay
15for the support of dependents, which shall be paid to the
16dependents directly or through the department of health and
17 human services office or unit serving the county in which the
18dependents reside. For the purpose of this paragraph, “legally
19obligated” means under a court order.
20 Sec. 1344. Section 905.15, subsection 2, Code 2023, is
21amended to read as follows:
222. A person under supervision of a district department, who
23assaults another person as defined in section 708.1, by biting,
24casting bodily fluids, or acting in a manner that results in
25the exchange of bodily fluids, shall submit to the withdrawal
26of a bodily specimen for testing to determine if the person
27is infected with a contagious infectious disease. The bodily
28specimen to be taken shall be determined by a physician. The
29specimen taken shall be sent to the state hygienic laboratory
30at the state university at Iowa City or some other laboratory
31approved by the department of public health and human services.
32If a person to be tested pursuant to this section refuses to
33submit to the withdrawal of a bodily specimen, application may
34be made by the director to the district court for an order
35compelling the person to submit to the withdrawal and, if
-882-1infected, to available treatment. An order authorizing the
2withdrawal of a specimen for testing may be issued only by a
3district judge or district associate judge upon application by
4the director.
5 Sec. 1345. Section 907.5, subsection 1, paragraph e, Code
62023, is amended to read as follows:
7e. The defendant’s mental health and substance abuse
8 use disorder history and treatment options available in the
9community and the correctional system.
10 Sec. 1346. Section 915.29, Code 2023, is amended to read as
11follows:
12915.29 Notification of victim of juvenile by department of
13health and human services.
141. The department of health and human services shall notify
15a registered victim regarding a juvenile adjudicated delinquent
16for a violent crime, committed to the custody of the department
17of health and human services, and placed at the state training
18school, of the following:
19a. The date on which the juvenile is expected to be
20temporarily released from the custody of the department of
21health and human services, and whether the juvenile is expected
22to return to the community where the registered victim resides.
23b. The juvenile’s escape from custody.
24c. The recommendation by the department to consider the
25juvenile for release or placement.
26d. The date on which the juvenile is expected to be released
27from a facility pursuant to a plan of placement.
282. The notification required pursuant to this section
29may occur through the automated victim notification system
30referred to in section 915.10A to the extent such information
31is available for dissemination through the system.
32 Sec. 1347. Section 915.35, subsection 4, Code 2023, is
33amended to read as follows:
344. a. A child protection assistance team involving the
35county attorney, law enforcement personnel, and personnel
-883-1of the department of health and human services shall be
2established for each county by the county attorney. However,
3by mutual agreement, two or more county attorneys may
4establish a single child protection assistance team to cover a
5multicounty area. A child protection assistance team, to the
6greatest extent possible, may be consulted in cases involving a
7forcible felony against a child who is less than age fourteen
8in which the suspected offender is the person responsible
9for the care of a child, as defined in section 232.68. A
10child protection assistance team may also be utilized in cases
11involving a violation of chapter 709 or 726 or other crime
12committed upon a victim as defined in subsection 1.
13b. A child protection assistance team may also consult
14with or include juvenile court officers, medical and mental
15health professionals, physicians or other hospital-based health
16professionals, court-appointed special advocates, guardians
17ad litem, and members of a multidisciplinary team created by
18the department of health and human services for child abuse
19investigations assessments. A child protection assistance
20team may work cooperatively with the early childhood Iowa area
21board established under chapter 256I. The child protection
22assistance team shall work with the department of health and
23 human services in accordance with section 232.71B, subsection
243, in developing the protocols for prioritizing the actions
25taken in response to child abuse assessments and for law
26enforcement agencies working jointly with the department at
27the local level in processes for child abuse assessments. The
28department of justice may provide training and other assistance
29to support the activities of a child protection assistance
30team.
31 Sec. 1348. Section 915.37, subsection 2, Code 2023, is
32amended to read as follows:
332. References in this section to a guardian ad litem shall
34be interpreted to include references to a court appointed
35special advocate as defined in section 232.2, subsection 10.
-884-1 Sec. 1349. Section 915.40, subsection 5, Code 2023, is
2amended to read as follows:
35. “Department” means the Iowa department of public health
4and human services.
5 Sec. 1350. Section 915.45, subsection 1, Code 2023, is
6amended to read as follows:
71. In addition to any other information required to be
8released under chapter 229A, prior to the discharge of a person
9committed under chapter 229A, the director of health and human
10services shall give written notice of the person’s discharge
11to any living victim of the person’s activities or crime whose
12address is known to the director or, if the victim is deceased,
13to the victim’s family, if the family’s address is known.
14Failure to notify shall not be a reason for postponement of
15discharge. Nothing in this section shall create a cause of
16action against the state or an employee of the state acting
17within the scope of the employee’s employment as a result of
18the failure to notify pursuant to this action.
19 Sec. 1351. Section 915.46, subsection 4, paragraph b, Code
202023, is amended to read as follows:
21b. The sexual assault forensic examiner program shall
22provide didactic and clinical training opportunities consistent
23with the sexual assault forensic examiner education guidelines
24established by the international association of forensic
25nurses, in collaboration with the Iowa department of public
26 health and human services and the Iowa coalition against sexual
27assault, in sufficient numbers and geographical locations
28across the state to assist treatment facilities with training
29sexual assault examiners and sexual assault nurse examiners.
30 Sec. 1352. Section 915.46, subsections 5 and 6, Code 2023,
31are amended to read as follows:
325. The sexual assault forensic examiner program, in
33collaboration with qualified medical providers, the Iowa
34 department of public health and human services, and the
35Iowa coalition against sexual assault, shall create uniform
-885-1materials that all treatment facilities and federally
2qualified health centers are required to provide to patients
3and non-offending parents or legal guardians, if applicable,
4regarding medical forensic examination procedures, laws
5regarding consent relating to medical forensic services, and
6the benefits and risks of evidence collection, including
7recommended time frames for evidence collection pursuant
8to evidence-based research. These materials shall be made
9available on the department of justice’s internet site to all
10treatment facilities and federally qualified health centers.
116. The sexual assault forensic examiner program, in
12collaboration with qualified medical providers, the Iowa
13 department of public health and human services, and the Iowa
14coalition against sexual assault, shall create and update
15statewide sexual assault examiner and sexual assault nurse
16examiner protocols, shall provide technical assistance upon
17request to health care professionals, and shall provide
18expertise on best practices to health care professionals
19relating to sexual assault forensic examinations.
20 Sec. 1353. Section 915.46, subsection 7, paragraph b, Code
212023, is amended to read as follows:
22b. Members of the advisory committee shall include staff
23members of the department of justice managing the sexual
24assault forensic examiner program; representatives from the
25department of public health and human services as determined
26by the director to be appropriate, the Iowa coalition against
27sexual assault, the board of nursing, and other constituencies
28as determined by the department of justice with an interest in
29sexual assault forensic examinations; and the hospital medical
30staff person involved with emergency services pursuant to
31section 915.82.
32 Sec. 1354. Section 915.83, subsection 4, Code 2023, is
33amended to read as follows:
344. Request from the department of health and human services,
35the department of workforce development and its division of
-886-1workers’ compensation, the department of public safety, the
2county sheriff departments, the municipal police departments,
3the county attorneys, or other public authorities or agencies
4reasonable assistance or data necessary to administer the crime
5victim compensation program.
6 Sec. 1355. Section 915.84, subsections 4, 5, and 6, Code
72023, are amended to read as follows:
84. Notwithstanding subsection 3, a victim under the age of
9eighteen or dependent adult as defined in section 235B.2 who
10has been sexually abused or subjected to any other unlawful
11sexual conduct under chapter 709 or 726 or who has been
12the subject of a forcible felony is not required to report
13the crime to the local police department or county sheriff
14department to be eligible for compensation if the crime was
15allegedly committed upon a child by a person responsible for
16the care of a child, as defined in section 232.68, subsection
178, or upon a dependent adult by a caretaker as defined
18in section 235B.2, and was reported to an employee of the
19department of health and human services and the employee
20verifies the report to the department.
215. When immediate or short-term medical services or mental
22health services are provided to a victim under section 915.35,
23the department of health and human services shall file the
24claim for compensation as provided in subsection 4 for the
25victim.
266. When immediate or short-term medical services to a victim
27are provided pursuant to section 915.35 by a professional
28licensed or certified by the state to provide such services,
29the professional shall file the claim for compensation,
30unless the department of health and human services is required
31to file the claim under this section. The requirement to
32report the crime to the local police department or county
33sheriff department under subsection 3 does not apply to this
34subsection.
35 Sec. 1356. 2020 Iowa Acts, chapter 1064, section 16,
-887-1subsection 1, paragraph d, subparagraph (1), is amended to read
2as follows:
3(1) Any debt, which is assigned to the department of health
4and human services, or which is owed to the department of
5health and human services for unpaid premiums under section
6249A.3, subsection 2, paragraph “a”, subparagraph (1), or
7which the child support recovery unit services is otherwise
8attempting to collect, or which the foster care recovery unit
9 services of the department of health and human services is
10attempting to collect on behalf of a child receiving foster
11care provided by the department of health and human services.
12 Sec. 1357. 2021 Iowa Acts, chapter 1098, section 92,
13subsection 1, is amended by striking the subsection.
14 Sec. 1358. REPEAL. Chapter 136, Code 2023, is repealed.
15 Sec. 1359. REPEAL. 2022 Iowa Acts, chapter 1098, section
1668, is repealed.
17 Sec. 1360. REPEAL. Sections 135.2, 135.3, 135.6, 135.7,
18135.8, 135.9, 135.10, 216A.2, 217.7, 217.9, 217.10, 217.15,
19217.16, 217.17, 218.19, 218.20, 218.40, 218.53, 218.54, 222.6,
20227.19, 231.22, and 234.2, Code 2023, are repealed.
21 Sec. 1361. CODE EDITOR DIRECTIVE. The Code editor is
22directed to do all of the following:
231. Make changes in the structure of any Code chapter
24including but not limited to chapter titles and subtitles to
25correspond with the changes made in this division of this
26Act in consultation with the department of health and human
27services.
282. Make changes in any Code sections amended or enacted
29by any other Act to correspond with the changes made in this
30division of this Act if there appears to be no doubt as to
31the proper method of making the changes and the changes would
32not be contrary to or inconsistent with the purposes of this
33division of this Act or any other Act.
343. Correct internal references in the Code and in enacted
35legislation as necessary due to the enactment of this division
-888-1of this Act.
2 Sec. 1362. CONTINGENT EFFECTIVE DATE. The following takes
3effect on the effective date of the rules adopted by the
4department of revenue pursuant to chapter 17A implementing 2020
5Iowa Acts, chapter 1064, other than transitional rules:
6The section of this division of this Act amending 2020 Iowa
7Acts, chapter 1064.
8DIVISION II
9DEPARTMENT OF ADMINISTRATIVE SERVICES
10LIBRARY SERVICES
11 Sec. 1363. NEW SECTION. 8A.204 State librarian.
121. The director shall appoint the state librarian who
13shall administer the duties of the department as it relates to
14library services.
152. The state librarian shall do all of the following:
16a. Organize, staff, and administer the department as it
17relates to library services so as to render the greatest
18benefit to libraries in the state.
19b. Submit a biennial report to the governor on the
20activities and an evaluation of the department as it relates to
21library services and its programs and policies.
22c. Control all library services-related property of the
23department. The state librarian may dispose of, through
24sale, conveyance, or exchange, any library materials that
25may be obsolete or worn out or that may no longer be needed
26or appropriate to the mission of the state library of Iowa.
27These materials may be sold by the state library directly or
28the library may sell the materials by consignment with an
29outside entity. A state library fund is created in the state
30treasury. Proceeds from the sale of the library materials
31shall be remitted to the treasurer of state and credited to the
32state library fund and shall be used for the purchase of books
33and other library materials. Notwithstanding section 8.33, any
34balance in the fund on June 30 of any fiscal year shall not
35revert to the general fund of the state.
-889- 1d. Perform other duties as assigned by the director or as
2imposed by law.
3 Sec. 1364. Section 256.1, subsection 4, Code 2023, is
4amended by striking the subsection.
5 Sec. 1365. Section 256.7, subsection 17, Code 2023, is
6amended by striking the subsection.
7 Sec. 1366. Section 256.50, subsection 2, Code 2023, is
8amended by striking the subsection.
9 Sec. 1367. Section 256.51, subsection 1, unnumbered
10paragraph 1, Code 2023, is amended to read as follows:
11The division of library services is attached to the
12department of education for administrative purposes. The state
13librarian shall be responsible for the division’s budgeting
14and related management functions in accordance with section
15256.52, subsection 3. The division department, as it relates
16to library services, shall do all of the following:
17 Sec. 1368. Section 256.51, subsection 1, paragraph e, Code
182023, is amended to read as follows:
19e. Develop and approve, in consultation with the area
20education agency media centers and the commission, a biennial
21unified plan of service and service delivery for the division
22of library services department.
23 Sec. 1369. Section 256.51, subsection 1, Code 2023, is
24amended by adding the following new paragraph:
25 NEW PARAGRAPH. m. Provide for the improvement of library
26services to all Iowa citizens and foster development and
27cooperation among libraries.
28 Sec. 1370. Section 256.51, subsection 2, Code 2023, is
29amended to read as follows:
302. The division department, as it relates to library
31services, may do all of the following:
32a. Enter into interstate library compacts on behalf of
33the state of Iowa with any state which legally joins in the
34compacts as provided in section 256.70.
35b. Receive and expend money for providing programs and
-890-1services. The division department may receive, accept, and
2administer any moneys appropriated or granted to it, separate
3from the general library fund, by the federal government or by
4any other public or private agency.
5c. Accept gifts, contributions, bequests, endowments,
6or other moneys, including but not limited to the Westgate
7endowment fund, for any or all purposes of the division
8 department as it relates to library services. Interest earned
9on moneys accepted under this paragraph shall be credited to
10the fund or funds to which the gifts, contributions, bequests,
11endowments, or other moneys have been deposited, and is
12available for any or all purposes of the division department as
13it relates to library services. The division department shall
14report annually to the commission and the general assembly
15regarding the gifts, contributions, bequests, endowments,
16or other moneys accepted pursuant to this paragraph and the
17interest earned on them.
18 Sec. 1371. Section 256.52, subsection 1, paragraph a,
19unnumbered paragraph 1, Code 2023, is amended to read as
20follows:
21The state commission of libraries consists of one member
22appointed by the supreme court, the director of the department
23of education, or the director’s designee, and the following
24seven members who shall be appointed by the governor to serve
25four-year terms beginning and ending as provided in section
2669.19.
27 Sec. 1372. Section 256.52, subsection 3, Code 2023, is
28amended by striking the subsection.
29 Sec. 1373. Section 256.52, subsection 4, Code 2023, is
30amended to read as follows:
314. The commission shall adopt rules under chapter 17A for
32carrying out the responsibilities of the division department as
33it relates to library services duties of the department.
34 Sec. 1374. Section 256.52, subsection 5, Code 2023, is
35amended by striking the subsection and inserting in lieu
-891-1thereof the following:
25. Advise the department and the state librarian concerning
3the library services duties of the department.
4 Sec. 1375. Section 256.53, Code 2023, is amended to read as
5follows:
6256.53 State publications.
7Upon issuance of a state publication in any format, a
8state agency shall provide the division department with
9an electronic version of the publication at no cost to the
10division department.
11 Sec. 1376. Section 256.54, subsection 2, unnumbered
12paragraph 1, Code 2023, is amended to read as follows:
13The law library shall be administered by a law librarian
14appointed by the state librarian subject to chapter 8A,
15 subchapter IV, who shall do all of the following:
16 Sec. 1377. Section 256.55, unnumbered paragraph 1, Code
172023, is amended to read as follows:
18A state data center is established in the division
19 department. The state data center shall be administered by
20the state data center coordinator, who shall do all of the
21following:
22 Sec. 1378. Section 256.55, subsection 3, Code 2023, is
23amended to read as follows:
243. Perform other duties imposed by law or prescribed by the
25commission department.
26 Sec. 1379. Section 256.57, Code 2023, is amended to read as
27follows:
28256.57 Enrich Iowa program.
291. An enrich Iowa program is established in the division
30 department to provide direct state assistance to public
31libraries, to support the open access and access plus programs,
32to provide public libraries with an incentive to improve
33library services that are in compliance with performance
34measures, and to reduce inequities among communities in the
35delivery of library services based on performance measures
-892-1adopted by rule by the commission. The commission shall
2adopt rules governing the allocation of funds appropriated by
3the general assembly for purposes of this section to provide
4direct state assistance to eligible public libraries. A public
5library is eligible for funds under this chapter subchapter if
6it is in compliance with the commission’s performance measures.
72. The amount of direct state assistance distributed to each
8eligible public library shall be based on the following:
9a. The level of compliance by the eligible public library
10with the performance measures adopted by the commission as
11provided in this section.
12b. The number of people residing within an eligible
13library’s geographic service area for whom the library provides
14services.
15c. The amount of other funding the eligible public library
16received in the previous fiscal year for providing services to
17rural residents and to contracting communities.
183. Moneys received by a public library pursuant to this
19section shall supplement, not supplant, any other funding
20received by the library.
214. For purposes of this section, “eligible public library”
22means a public library that meets all of the following
23requirements:
24a. Submits to the division department all of the following:
25(1) The report provided for under section 256.51,
26subsection 1, paragraph “h”.
27(2) An application and accreditation report, in a format
28approved by the commission department, that provides evidence
29of the library’s compliance with at least one level of the
30standards established in accordance with section 256.51,
31subsection 1, paragraph “k”.
32(3) Any other application or report the division department
33 deems necessary for the implementation of the enrich Iowa
34program.
35b. Participates in the library resource and information
-893-1sharing programs established by the state library.
2c. Is a public library established by city ordinance or a
3library district as provided in chapter 336.
45. Each eligible public library shall maintain a
5separate listing within its budget for payments received and
6expenditures made pursuant to this section, and shall annually
7submit this listing to the division department.
86. By January 15, annually, the division department shall
9submit a program evaluation report to the general assembly
10and the governor detailing the uses and the impacts of funds
11allocated under this section.
127. A public library that receives funds in accordance with
13this section shall have an internet use policy in place, which
14may or may not include internet filtering. The library shall
15submit a report describing the library’s internet use efforts
16to the division department.
178. A public library that receives funds in accordance
18with this section shall provide open access, the reciprocal
19borrowing program, as a service to its patrons, at a
20reimbursement rate determined by the state library.
219. Funds appropriated for purposes of this section shall not
22be used by the division department for administrative purposes.
23 Sec. 1380. Section 256.58, Code 2023, is amended to read as
24follows:
25256.58 Library support network.
261. A library support network is established in the division
27 department to offer services and programs for libraries,
28including but not limited to individualized, locally delivered
29consulting and training, and to facilitate resource sharing and
30innovation through the use of technology, administer enrich
31Iowa programs, advocate for libraries, promote excellence
32and innovation in library services, encourage governmental
33subdivisions to provide local financial support for local
34libraries, and ensure the consistent availability of quality
35service to all libraries throughout the state, regardless of
-894-1location or size.
22. The organizational structure to deliver library support
3network services shall include district offices. The district
4offices shall serve as a basis for providing field services
5to local libraries in the counties comprising the district.
6The division department shall determine which counties are
7served by each district office. The number of district offices
8established to provide services pursuant to this section shall
9be six.
10 Sec. 1381. Section 256.59, Code 2023, is amended to read as
11follows:
12256.59 Specialized library services.
13The specialized library services unit is established in
14the division department to provide information services to
15the three branches of state government and to offer focused
16information services to the general public in the areas of Iowa
17law, Iowa state documents, and Iowa history and culture.
18 Sec. 1382. Section 256.62, subsections 1, 3, and 4, Code
192023, are amended to read as follows:
201. The state librarian shall convene a library services
21advisory panel to advise and recommend to the commission and
22the division department evidence-based best practices, to
23assist the commission and division department to determine
24service priorities and launch programs, articulate the needs
25and interests of Iowa librarians, and share research and
26professional development information.
273. The library services advisory panel shall meet at least
28twice annually and shall submit its recommendations in a report
29to the commission department and the state librarian at least
30once annually. The report shall be timely submitted to allow
31for consideration of the recommendations prior to program
32planning and budgeting for the following fiscal year.
334. Members of the library services advisory panel shall
34receive actual and necessary expenses incurred in the
35performance of their duties. Expenses shall be paid from funds
-895-1appropriated to the department for purposes of the division.
2 Sec. 1383. Section 256.70, unnumbered paragraph 1, Code
32023, is amended to read as follows:
4The division of library services of the department of
5education is hereby authorized to enter into interstate
6library compacts on behalf of the state of Iowa with any state
7bordering on Iowa which legally joins therein in substantially
8the following form and the contracting states agree that:
9 Sec. 1384. Section 256.71, Code 2023, is amended to read as
10follows:
11256.71 Administrator.
12The administrator of the division of library services state
13librarian shall be the compact administrator. The compact
14administrator shall receive copies of all agreements entered
15into by the state or its political subdivisions and other
16states or political subdivisions; consult with, advise and aid
17such governmental units in the formulation of such agreements;
18make such recommendations to the governor, legislature,
19governmental agencies and units as the administrator deems
20desirable to effectuate the purposes of this compact and
21consult and cooperate with the compact administrators of other
22party states.
23 Sec. 1385. CODE EDITOR DIRECTIVE — LIBRARY SERVICES.
241. The Code editor is directed to make the following
25transfers:
26a. Section 256.50 to section 8A.201.
27b. Section 256.51 to section 8A.202.
28c. Section 256.52 to section 8A.203.
29d. Section 256.53 to section 8A.205.
30e. Section 256.54 to section 8A.206.
31f. Section 256.55 to section 8A.207.
32g. Section 256.56 to section 8A.208.
33h. Section 256.57 to section 8A.209.
34i. Section 256.58 to section 8A.210.
35j. Section 256.59 to section 8A.211.
-896- 1k. Section 256.62 to section 8A.221.
2l. Section 256.69 to section 8A.222.
3m. Section 256.70 to section 8A.231.
4n. Section 256.71 to section 8A.232.
5o. Section 256.72 to section 8A.233.
6p. Section 256.73 to section 8A.234.
72. The Code editor is directed to rename subchapter II and
8designate parts in chapter 8A as follows:
9a. Subchapter II shall be entitled “Library Services” and
10include sections 8A.201 through 8A.234.
11b. Subchapter II, part 1, shall be entitled “General
12Provisions” and include sections 8A.201 through 8A.211.
13c. Subchapter II, part 2, shall be entitled “Library
14Services Advisory Panel and Local Financial Support” and
15include sections 8A.221 through 8A.222.
16d. Subchapter II, new part 3, shall be entitled “Library
17Compact” and include sections 8A.231 through 8A.234.
183. The Code editor may modify subchapter and part titles if
19necessary and is directed to correct internal references in the
20Code as necessary due to enactment of this section.
21STATE RECORDS AND ARCHIVES
22 Sec. 1386. Section 163.37, subsection 3, Code 2023, is
23amended to read as follows:
243. Such records shall be maintained for a length of time as
25required by and pursuant to chapter 305 8A, subchapter VI, and
26at the point of concentration and shall be made available for
27inspection by the department at reasonable times.
28 Sec. 1387. Section 305.1, Code 2023, is amended to read as
29follows:
30305.1 Citation.
31This chapter subchapter shall be known and may be cited as
32the “State Archives and Records Act”.
33 Sec. 1388. Section 305.2, unnumbered paragraph 1, Code
342023, is amended to read as follows:
35As used in this chapter subchapter, unless the context
-897-1otherwise requires:
2 Sec. 1389. Section 305.3, subsection 2, Code 2023, is
3amended by striking the subsection.
4 Sec. 1390. Section 305.3, subsection 8, Code 2023, is
5amended to read as follows:
68. The director of the department of administrative
7services.
8 Sec. 1391. Section 305.7, Code 2023, is amended to read as
9follows:
10305.7 Administration Commission administration.
11The department of cultural affairs, through the state
12archives and records program, is the primary agency responsible
13for providing administrative personnel and services for the
14commission.
15 Sec. 1392. Section 305.8, subsection 1, paragraphs e, f, and
16g, Code 2023, are amended to read as follows:
17e. Adopt and maintain an interagency records manual
18containing the rules governing records management, as well as
19records series retention and disposition schedules, guidelines,
20and other information relating to implementation of this
21chapter subchapter.
22f. Make recommendations, in consultation with the department
23of administrative services, to the governor and the general
24assembly for the continued reduction of printed reports
25throughout state government in a manner that protects the
26public’s right to access such reports.
27g. Provide advice, counsel, and services to the legislative,
28judicial, and executive branch agencies subject to this chapter
29 subchapter on the care and management of state government
30records.
31 Sec. 1393. Section 305.8, subsection 2, paragraph a, Code
322023, is amended to read as follows:
33a. Examine records in the possession, constructive
34possession, or control of state agencies to carry out the
35purposes of this chapter subchapter.
-898-1 Sec. 1394. Section 305.9, subsection 1, unnumbered
2paragraph 1, Code 2023, is amended to read as follows:
3The department of cultural affairs shall do all of the
4following as it relates to state records and archives:
5 Sec. 1395. Section 305.9, subsection 1, paragraphs a and j,
6Code 2023, are amended to read as follows:
7a. Provide Administer the state archives and records
8program and provide administrative support to the state records
9commission through the state archives and records program.
10j. Provide advice, counsel, and services to the legislative,
11judicial, and executive branch agencies subject to this chapter
12 subchapter on the care and management of state government
13records.
14 Sec. 1396. Section 305.9, subsection 1, paragraph l,
15subparagraph (2), Code 2023, is amended to read as follows:
16(2) Upon request, the state archivist shall make a certified
17copy of any record in the legal custody or in the physical
18custody of the state archivist, or a certified transcript of
19any record if reproduction is inappropriate because of legal or
20physical considerations. If a copy or transcript is properly
21authenticated, it has the same legal effect as though certified
22by the officer from whose office it was transferred or by the
23secretary of state. The department of cultural affairs shall
24establish reasonable fees for certified copies or certified
25transcripts of records in the legal custody or physical custody
26of the state archivist.
27 Sec. 1397. Section 305.9, subsection 2, unnumbered
28paragraph 1, Code 2023, is amended to read as follows:
29The department of cultural affairs may do any of the
30following as it relates to state records and archives:
31 Sec. 1398. Section 305.10, subsection 1, paragraphs d and j,
32Code 2023, are amended to read as follows:
33d. Comply with requests from the state records commission
34or the state archives and records program to examine records
35in the possession, constructive possession, or control of the
-899-1agency in order to carry out the purposes of this chapter
2 subchapter.
3j. Provide for compliance with this chapter subchapter and
4the rules adopted by the state records commission.
5 Sec. 1399. Section 305.14, Code 2023, is amended to read as
6follows:
7305.14 Liability precluded.
8No member of the commission or head of an agency shall
9be held liable for damages or loss, or civil or criminal
10liability, because of the destruction of public records
11pursuant to the provisions of this chapter subchapter or any
12other law authorizing their destruction.
13 Sec. 1400. Section 305.15, Code 2023, is amended to read as
14follows:
15305.15 Exemptions — duties of state department of
16transportation and state board of regents.
17The state department of transportation and the agencies and
18institutions under the control of the state board of regents
19are exempt from the state records manual and the provisions
20of this chapter subchapter. However, the state department of
21transportation and the state board of regents shall adopt rules
22pursuant to chapter 17A for their employees, agencies, and
23institutions that are consistent with the objectives of this
24chapter subchapter. The rules shall be approved by the state
25records commission.
26 Sec. 1401. Section 305.16, subsections 1 and 3, Code 2023,
27are amended to read as follows:
281. Membership. The board shall consist of nine members
29appointed by the governor for three-year staggered terms.
30Members shall be eligible for reappointment. The members shall
31have experience in a field of research or an activity that
32administers or makes extensive use of historical records. The
33majority of the members shall have professional qualifications
34and experience in the administration of government records,
35historical records, or archives. The administrator of the
-900-1historical division of the department of cultural affairs
2 director shall serve as an ex officio member of the board.
33. Administration. The department of cultural affairs,
4through the state archives and records program, is the primary
5agency responsible for providing administrative personnel and
6services for the board.
7 Sec. 1402. CODE EDITOR DIRECTIVE — STATE RECORDS AND
8ARCHIVES.
91. The Code editor is directed to make the following
10transfers:
11a. Section 305.1 to section 8A.601.
12b. Section 305.2 to section 8A.602.
13c. Section 305.3 to section 8A.603.
14d. Section 305.4 to section 8A.604.
15e. Section 305.5 to section 8A.605.
16f. Section 305.6 to section 8A.606.
17g. Section 305.7 to section 8A.607.
18h. Section 305.8 to section 8A.608.
19i. Section 305.9 to section 8A.609.
20j. Section 305.10 to section 8A.610.
21k. Section 305.11 to section 8A.611.
22l. Section 305.12 to section 8A.612.
23m. Section 305.13 to section 8A.613.
24n. Section 305.14 to section 8A.614.
25o. Section 305.15 to section 8A.615.
26p. Section 305.16 to section 8A.616.
272.The Code editor is directed to create a new subchapter
28VI in chapter 8A as follows:Subchapter VI shall be entitled
29“State Records and Archives” and include sections 8A.601
30through 8A.616.
313. The Code editor may modify subchapter titles if necessary
32and is directed to correct internal references in the Code as
33necessary due to enactment of this section.
34Historical Resources
35 Sec. 1403. NEW SECTION. 8A.702 Departmental duties —
-901-1historical resources.
2The duties of the department as it relates to the historical
3resources of the state shall include all of the following:
41. Develop a comprehensive, coordinated, and efficient
5policy to preserve, research, interpret, and promote to the
6public an awareness and understanding of local, state, and
7regional history.
82. Administer and care for historical sites under the
9authority of the department, and maintain collections within
10these buildings.
11a. Except for the state board of regents, a state agency
12which owns, manages, or administers a historical site must
13enter into an agreement with the department under chapter 28E
14to ensure the proper management, maintenance, and development
15of the site.
16b. For the purposes of this section, “historical site”
17means any district, site, building, or structure listed on the
18national register of historic sites or identified as eligible
19for such status by the state historic preservation officer
20or that is identified according to established criteria by
21the state historic preservation officer as significant in
22national, state, and local history, architecture, engineering,
23archaeology, or culture.
243. Encourage and assist local, county, and state
25organizations and museums devoted to historical purposes.
264. Develop standards and criteria for the acquisition of
27historic properties and for the preservation, restoration,
28maintenance, operation, and interpretation of properties under
29the jurisdiction of the department.
305. Implement tourism-related art and history projects as
31directed by the general assembly.
326. Encourage the use of volunteers throughout the
33department as it relates to the historical resources of
34the state, especially for purposes of restoring books and
35manuscripts.
-902- 17. Publish matters of historical value to the public.
28. Buy or receive by other means historical materials
3including but not limited to artifacts, art, books,
4manuscripts, and images. Such materials are not personal
5property under sections 8A.321 and 8A.324 and shall be
6received and cared for under the rules of the department. The
7department may sell or otherwise dispose of those materials
8according to the rules of the department and be credited for
9any revenues credited by the disposal less the costs incurred.
109. Administer the historical resource development program
11established in section 8A.712.
1210. Administer, preserve, and interpret the battle
13flag collection assembled by the state in consultation and
14coordination with the department of veterans affairs. A
15portion of the battle flag collection shall be on display at
16the state capitol and the state historical building at all
17times, unless on loan approved by the department.
1811. Establish, maintain, and administer a digital
19collection of historical manuscripts, documents, records,
20reports, images, and artifacts and make the collection
21available to the public through an online research center.
2212. Perform such duties as required under chapter 305B.
23 Sec. 1404. Section 218.22, Code 2023, is amended to read as
24follows:
25218.22 Record privileged.
26Except with the consent of the administrator in charge
27of an institution, or on an order of a court of record, the
28record provided in section 218.21 shall be accessible only to
29the administrator of the division of the department of human
30services in control of such institution, the director of the
31department of human services and to assistants and proper
32clerks authorized by such administrator or the administrator’s
33director. The administrator of the division of such
34institution is authorized to permit the division of library
35services of the department of education and the historical
-903-1division of the department of cultural affairs administrative
2services to copy or reproduce by any photographic, photostatic,
3microfilm, microcard or other process which accurately
4reproduces a durable medium for reproducing the original and
5to destroy in the manner described by law such records of
6residents designated in section 218.21.
7 Sec. 1405. Section 303.5, unnumbered paragraph 1, Code
82023, is amended to read as follows:
9The state historical society administrator director may:
10 Sec. 1406. Section 303.5, subsection 1, Code 2023, is
11amended to read as follows:
121. Make and sign any agreements and perform any acts which
13are necessary, desirable, or proper to carry out the purpose
14of the division department as it relates to the historical
15resources of the state.
16 Sec. 1407. Section 303.7, Code 2023, is amended by striking
17the section and inserting in lieu thereof the following:
18303.7 State historical society.
191. As used in this subchapter, “state historical society”
20means a membership organization of the department that is open
21to members of the general public who are interested in the
22history of the state.
232. The state historical society board of trustees shall
24recommend to the director rules for membership of the general
25public in the state historical society, including rules
26relating to membership fees. Members shall be persons who
27indicate an interest in the history, progress, and development
28of the state and who pay the prescribed fee. The members
29of the state historical society may meet at least one time
30per year to further the understanding of the history of this
31state. The members of the society shall not determine policy
32for the department as it relates to the historical resources
33of the state but may advise the director and perform functions
34to stimulate interest in the history of this state among the
35general public. The society may perform other activities
-904-1related to history which are not contrary to this subchapter.
23. Unless designated otherwise, an application for
3membership in the state historical society, or a gift, bequest,
4devise, endowment, or grant to the state historical society or
5the department as it relates to the historical resources of the
6state shall be presumed to be to or in the department.
74. Notwithstanding section 633.63, the board may enter into
8agreements authorizing nonprofit foundations acting solely for
9the support of the state historical society or the department
10to administer the membership program of the state historical
11society and funds of the state historical society or the
12department as it relates to the historical resources of the
13state.
14 Sec. 1408. Section 303.8, subsection 1, paragraphs b and c,
15Code 2023, are amended to read as follows:
16b. Make recommendations to the division administrator
17 director on historically related matters.
18c. Review and recommend to the director or the director’s
19designee policy decisions regarding the division department as
20it relates to the historical resources of the state.
21 Sec. 1409. Section 303.8, Code 2023, is amended by adding
22the following new subsection:
23 NEW SUBSECTION. 3. The department may:
24a. By rule, establish advisory groups necessary for the
25receipt of federal funds or grants or the administration of
26any of the department’s programs relating to the historical
27resources of the state.
28b. Develop and implement fee-based educational programming
29opportunities, including preschool programs, related to arts,
30history, and other cultural matters for Iowans of all ages.
31 Sec. 1410. Section 303.9, subsections 1 and 3, Code 2023,
32are amended to read as follows:
331. All funds received by the department relating to the
34historical resources of the state, including but not limited
35to gifts, endowments, funds from the sale of memberships in
-905-1the state historical society, funds from the sale of mementos
2and other items relating to Iowa history as authorized under
3subsection 2, interest generated by the life membership
4trust fund, and fees, shall be credited to the account of
5the department and are appropriated to the department to
6be invested or used for programs and purposes under the
7authority of the department as it relates to the historical
8resources of the state. Interest earned on funds credited to
9the department, except funds appropriated to the department
10from the general fund of the state, shall be credited to the
11department. Section 8.33 does not apply to funds credited to
12the department under this section.
133. Notwithstanding section 633.63, the state historical
14society board of trustees may authorize nonprofit foundations
15acting solely for the support of the state historical society
16of Iowa department as it relates to the historical resources of
17the state to accept and administer trusts deemed by the board
18to be beneficial to the division’s department’s operations
19under this subchapter. The board and the foundation may act
20as trustees in such instances.
21 Sec. 1411. Section 303.9A, Code 2023, is amended to read as
22follows:
23303.9A Iowa heritage fund.
241. An Iowa heritage fund is created in the state treasury
25to be administered by the state historical society department.
26The fund shall consist of all moneys allocated to the fund by
27the treasurer of state.
282. Moneys in the fund shall be used in accordance with the
29following:
30a. Ninety percent shall be retained by the state historical
31society department and used to maintain and expand Iowa’s
32history curriculum, to provide teacher training in Iowa
33history, and to support museum exhibits, historic sites, and
34adult education programs.
35b. Five percent shall be retained by the state historical
-906-1society department to be used for start-up costs for the one
2hundred seventy-fifth and two hundredth anniversaries of Iowa
3statehood.
4c. Five percent shall be retained by the state historical
5society department to be used for the promotion of the sale
6of the Iowa heritage registration plate issued under section
7321.34.
8 Sec. 1412. Section 303.10, Code 2023, is amended to read as
9follows:
10303.10 Acceptance and use of money grants.
11All federal grants to and the federal receipts of the
12agencies receiving funds under this chapter subchapter are
13appropriated for the purpose set forth in the federal grants
14or receipts.
15 Sec. 1413. Section 303.11, Code 2023, is amended to read as
16follows:
17303.11 Gifts.
181. The division department may accept gifts and bequests
19which shall be used in accordance with the desires of the donor
20if expressed. Funds contained in an endowment fund for either
21the department of history and archives or the state historical
22society existing on July 1, 1974, remain an endowment of the
23division department. Gifts shall be accepted only on behalf
24of the division department, and gifts to a part, branch, or
25section of the division department are presumed to be gifts to
26the division department.
272. If publication of a book is financed by the endowment
28fund, this chapter subchapter does not prevent the return of
29moneys from sales of the book to the endowment fund.
30 Sec. 1414. Section 303.16, subsections 1 and 2, Code 2023,
31are amended to read as follows:
321. The historical division department shall administer a
33program of grants and loans for historical resource development
34throughout the state, subject to funds for such grants and
35loans being made available through the appropriations process
-907-1or otherwise provided by law.
22. The purpose of the historical resource development
3program is to preserve, conserve, interpret, and enhance
4historical resources that will encourage and support the
5economic and cultural health and development of the state and
6the communities in which the resources are located. For this
7purpose, the division department may make grants and loans as
8otherwise provided by law with funds as may be made available
9by applicable law.
10 Sec. 1415. Section 303.16, subsection 6, paragraphs b, f,
11and g, Code 2023, are amended to read as follows:
12b. A portion of the applicant’s operating expenses may
13be used as a cash match or in-kind match as specified by the
14division’s department’s rules.
15f. Grants under this program may be given only after review
16and recommendation by the state historical society board of
17trustees. The division department may contract with lending
18institutions chartered in this state to act as agents for the
19administration of loans under the program, in which case, the
20lending institution may have the right of final approval of
21loans, subject to the division’s department’s administrative
22rules. If the division department does not contract with
23a lending institution, loans may be made only after review
24and recommendation by the state historical society board of
25trustees.
26g. The division department shall not award grants or loans
27to be used for goods or services obtained outside the state,
28unless the proposed recipient demonstrates that it is neither
29feasible nor prudent to obtain the goods or services within the
30state.
31 Sec. 1416. Section 303.16, subsections 8 and 9, Code 2023,
32are amended to read as follows:
338. The division department may use ten percent of the annual
34appropriation allocation to the division historical resource
35grant and loan fund established in this section pursuant
-908-1to section 455A.19, but in no event more than seventy-five
2thousand dollars, for administration of the grant and loan
3program.
49. a. (1) The division department may establish a
5historical resource grant and loan fund composed of any
6money appropriated by the general assembly for that purpose,
7funds allocated pursuant to section 455A.19, and of any other
8moneys available to and obtained or accepted by the division
9 department from the federal government or private sources for
10placement in that fund. Each loan made under this section
11shall be for a period not to exceed ten years, shall bear
12interest at a rate determined by the state historical board,
13and shall be repayable to the revolving loan fund in equal
14yearly installments due March 1 of each year the loan is in
15effect. The interest rate upon loans for which payment is
16delinquent shall accelerate immediately to the current legal
17usury limit. Applicants are eligible for not more than one
18hundred thousand dollars in loans outstanding at any time under
19this program. A single lending institution contracting with
20the division department pursuant to this section shall not hold
21more than five hundred thousand dollars worth of outstanding
22loans under the program.
23(2) Any applicant, who is otherwise eligible, who receives
24a direct or indirect appropriation from the general assembly
25for a project or portion of a project is ineligible for a
26historical resources development grant for that same project
27during the fiscal year for which the appropriation is made.
28For purposes of this paragraph, “project” includes any related
29activities, including but not limited to construction,
30restoration, supplies, equipment, consulting, or other
31services.
32b. The division department may:
33(1) Contract and adopt administrative rules necessary to
34carry out the provisions of this section, but the division
35 department shall not in any manner directly or indirectly
-909-1pledge the credit of the state of Iowa.
2(2) Authorize payment from the historical resource grant
3and loan fund, from fees and from any income received by
4investments of money in the fund for costs, commissions,
5attorney fees and other reasonable expenses related to
6and necessary for making and protecting direct loans under
7this section, and for the recovery of moneys loaned or the
8management of property acquired in connection with such loans.
9 Sec. 1417. Section 303.16, subsection 10, paragraph b, Code
102023, is amended to read as follows:
11b. A country schools historical resource preservation
12grant program is therefore established to be administered by
13the historical division department for the preservation of
14one-room and two-room buildings once used as country schools.
15In developing grant approval criteria, the division department
16 shall place a priority on the educational uses planned for the
17country school building, which may include, but are not limited
18to, historical interpretation and use as a teaching museum or
19as an operational classroom accessible to a school district
20or accredited nonpublic school for provisional instructional
21purposes.
22 Sec. 1418. Section 305B.5, Code 2023, is amended to read as
23follows:
24305B.5 Notice of injury or loss.
25A museum shall give a lender or claimant prompt notice of
26any known injury to or loss of property on loan on a form for
27notice of injury loss adopted by rule by the department of
28administrative services. The department of cultural affairs
29shall adopt by rule a form for notice of injury or loss, no
30later than January 1, 1989, and shall distribute the rule
31and form to all identified museums in Iowa within sixty days
32after adoption of the rule. The notice shall be mailed to the
33lender’s or claimant’s last known address in event of injury
34or loss of property on loan to the museum. Published notice of
35injury or loss of undocumented property shall not be required.
-910-1 Sec. 1419. Section 305B.8, subsection 3, Code 2023, is
2amended to read as follows:
33. The department of cultural affairs administrative
4services shall adopt by rule a form for notice of intent to
5preserve an interest in property on loan to a museum. The
6form shall satisfy the requirements of subsection 1 and shall
7notify the claimant of the rights and procedures to preserve an
8interest in museum property. The form shall also facilitate
9recordkeeping and record retrieval by a museum. At a minimum
10the form shall provide a place for recording evidence of
11receipt of a notice by a museum, including the date of receipt,
12signature of the person receiving the notice, and the date on
13which a copy of the receipt is returned to the claimant.
14 Sec. 1420. Section 305B.11, subsection 2, Code 2023, is
15amended to read as follows:
162. The department of cultural affairs administrative
17services may by rule determine the minimum form and substance
18of recordkeeping by museums with regard to museum property to
19implement this chapter.
20 Sec. 1421. Section 321.34, subsection 25, paragraph b, Code
212023, is amended to read as follows:
22b. An owner referred to in subsection 12, upon written
23application to the department, may order special registration
24plates with a civil war sesquicentennial processed emblem. The
25special plate fees collected by the director under subsection
2612, paragraphs “a” and “c”, from the issuance and annual
27validation of letter-number designated and personalized civil
28war sesquicentennial plates shall be paid monthly to the
29treasurer of state and deposited in the road use tax fund. The
30treasurer of state shall transfer monthly from the statutory
31allocations fund created under section 321.145, subsection 2,
32to the department of cultural affairs administrative services
33 the amount of the special fees collected under subsection
3412, paragraph “a”, in the previous month for civil war
35sesquicentennial plates, and such funds are appropriated to the
-911-1department of cultural affairs administrative services to be
2used for the Iowa battle flag project.
3 Sec. 1422. Section 423.3, subsection 34, Code 2023, is
4amended to read as follows:
534. The sales price from sales of mementos and other items
6relating to Iowa history and historic sites by the department
7of cultural affairs administrative services on the premises of
8property under its control and at the state capitol.
9 Sec. 1423. Section 427.16, subsection 7, paragraph b, Code
102023, is amended to read as follows:
11b. A historical site as defined in section 303.2 8A.702.
12 Sec. 1424. Section 455A.19, subsection 1, paragraph f, Code
132023, is amended to read as follows:
14f. Five percent shall be allocated to the historical
15resource grant and loan fund established pursuant to section
16303.16. The department of cultural affairs administrative
17services shall use the moneys allocated to this fund to
18implement historical resource development programs as provided
19under section 303.16.
20 Sec. 1425. Section 904.601, subsection 1, Code 2023, is
21amended to read as follows:
221. The director shall keep the following record
23of every person committed to any of the department’s
24institutions: Name, residence, sex, age, place of birth,
25occupation, civil condition, date of entrance or commitment,
26date of discharge, whether a discharge is final, condition of
27the person when discharged, the name of the institutions from
28which and to which the person has been transferred, and if the
29person is dead, the date and cause of death. The director may
30permit the division of library services of the department of
31education and the historical division of the department of
32cultural affairs administrative services to copy or reproduce
33by any photographic, photostatic, microfilm, microcard, or
34other process which accurately reproduces in a durable medium
35and to destroy in the manner described by law the records of
-912-1inmates required by this paragraph.
2 Sec. 1426. 2012 Iowa Acts, chapter 1136, section 27,
3subsection 1, is amended to read as follows:
41. A battle flag restoration fund is created and established
5as a separate and distinct fund in the state treasury under the
6control of the department of cultural affairs administrative
7services. The moneys in the fund are appropriated to the
8department for purposes of continuing the project recommended
9by the Iowa battle flag advisory committee to stabilize the
10condition of the battle flag collection. Moneys in the fund
11shall not be subject to appropriation for any other purpose by
12the general assembly, but shall be used only for the purposes
13of the battle flag restoration fund.
14 Sec. 1427. CODE EDITOR DIRECTIVE — HISTORICAL RESOURCES.
151. The Code editor is directed to make the following
16transfers:
17a. Section 303.4 to section 8A.703.
18b. Section 303.5 to section 8A.704.
19c. Section 303.6 to section 8A.705.
20d. Section 303.7 to section 8A.706.
21e. Section 303.8 to section 8A.707.
22f. Section 303.9 to section 8A.708.
23g. Section 303.9A to section 8A.709.
24h. Section 303.10 to section 8A.710.
25i. Section 303.11 to section 8A.711.
26j. Section 303.16 to section 8A.712.
272.The Code editor is directed to create a new subchapter
28VII in chapter 8A as follows:Subchapter VII shall be entitled
29“Historical Resources” and include sections 8A.702 through
308A.712.
313. The Code editor may modify subchapter titles if necessary
32and is directed to correct internal references in the Code as
33necessary due to enactment of this section.
34DIVISION III
35DEPARTMENT OF INSPECTIONS, APPEALS, AND LICENSING
-913-1organization — general provisions
2 Sec. 1428. Section 7E.5, subsection 1, paragraphs d and h,
3Code 2023, are amended to read as follows:
4d. The department of inspections, and appeals, and
5licensing, created in section 10A.102, which has primary
6responsibility for licensing, administering the laws
7relating to employment safety, labor standards, and workers’
8compensation, and coordinating the conducting of various
9inspections, investigations, appeals, hearings, and audits.
10h. The department of workforce development, created
11in section 84A.1, which has primary responsibility for
12administering the laws relating to unemployment compensation
13insurance, job placement and training, employment safety, labor
14standards, workers’ compensation, and related matters.
15 Sec. 1429. Section 10A.101, subsections 2 and 3, Code 2023,
16are amended to read as follows:
172. “Department” means the department of inspections, and
18 appeals, and licensing.
193. “Director” means the director of inspections, and
20 appeals, and licensing.
21 Sec. 1430. Section 10A.102, Code 2023, is amended to read
22as follows:
2310A.102 Department established.
24The department of inspections, and appeals, and licensing is
25established. The director of the department shall be appointed
26by the governor to serve at the pleasure of the governor
27subject to confirmation by the senate no less frequently than
28every four years, whether or not there has been a new director
29appointed during that time. If the office becomes vacant, the
30vacancy shall be filled in the same manner as provided for the
31original appointment.
32 Sec. 1431. Section 10A.103, Code 2023, is amended to read
33as follows:
3410A.103 Purpose of the department.
35The department is created for the purpose of coordinating
-914-1and conducting various audits, appeals, hearings, inspections,
2and investigations, and licensing activities related to the
3operations of the executive branch of state government, and
4administering the laws relating to employment safety, labor
5standards, and workers’ compensation.
6 Sec. 1432. Section 10A.104, subsections 2 and 5, Code 2023,
7are amended to read as follows:
82. Appoint the administrators of the divisions within
9the department and all other personnel deemed necessary for
10the administration of this chapter, except the state public
11defender, assistant state public defenders, administrator
12of the racing and gaming commission, labor commissioner,
13workers’ compensation commissioner, director of the Iowa
14state civil rights commission, and members of the employment
15appeal board, and administrator of the child advocacy board
16created in section 237.16. All persons appointed and employed
17in the department are covered by the provisions of chapter
188A, subchapter IV, but persons not appointed by the director
19are exempt from the merit system provisions of chapter 8A,
20subchapter IV.
215. Adopt Except for rules required or authorized by law
22to be adopted by another entity, adopt rules deemed necessary
23for the implementation and administration of this chapter in
24accordance with chapter 17A.
25 Sec. 1433. Section 10A.104, Code 2023, is amended by adding
26the following new subsections:
27 NEW SUBSECTION. 15. To adopt rules, in consultation with
28the state fire marshal, designating a fee to be assessed
29to each building, structure, or facility for which a fire
30safety inspection or plan review is required by law. The fee
31designated by rule shall be set in an amount that is reasonably
32related to the costs of conducting the applicable inspection
33or plan review. The fees collected shall be deposited in the
34general fund of the state.
35 NEW SUBSECTION. 16. Serve as the state building code
-915-1commissioner pursuant to section 103A.4 and administer chapters
2101, 101A, 101B, 103, 103A, 104A, 104B, and 105.
3 NEW SUBSECTION. 17. Establish, publish, and enforce
4rules not inconsistent with law for the enforcement of those
5provisions of Title IV, subtitle 2, the administration and
6supervision of which are imposed upon the department.
7 NEW SUBSECTION. 18. Enforce the law relative to
8“Health-related Professions”, Title IV, subtitle 3, excluding
9chapter 147A.
10 NEW SUBSECTION. 19. Regulate and supervise real estate
11appraisers under chapter 543D and real estate appraisal
12management companies under chapter 543E.
13 Sec. 1434. Section 10A.106, Code 2023, is amended to read
14as follows:
1510A.106 Divisions of the department.
161. The department is comprised of the following divisions:
17a. Administrative administrative hearings division.
18b. Investigations, labor services division.
19c. Health facilities, workers’ compensation division, and
20other divisions as appropriate.
212. The allocation of departmental duties to the divisions of
22the department in sections 10A.402, 10A.702, sections 10A.202,
2310A.301, and 10A.801 does not prohibit the director from
24reallocating departmental duties within the department.
25 Sec. 1435. NEW SECTION. 10A.109 Statutory board,
26commission, committee, or council — teleconference option.
27Any statutorily established board, commission, committee,
28or council established under the purview of the department
29relative to “Health-related Professions”, Title IV, subtitle
303, excluding chapter 147A, shall provide for a teleconference
31option for board, commission, committee, or council members to
32participate in official meetings.
33 Sec. 1436. Section 10A.402, unnumbered paragraph 1, Code
342023, is amended to read as follows:
35The administrator director shall coordinate the division’s
-916-1 department’s conduct of various audits and investigations as
2provided by law including but not limited to the following:
3 Sec. 1437. Section 10A.403, Code 2023, is amended to read
4as follows:
510A.403 Investigators — peace officer status.
6Investigators of the division department shall have the
7powers and authority of peace officers when acting within the
8scope of their responsibilities to conduct investigations as
9specified in section 10A.402, subsection 5. An investigator
10shall not carry a weapon to perform responsibilities as
11described in this section.
12 Sec. 1438. Section 10A.601, subsection 1, Code 2023, is
13amended to read as follows:
141. A full-time employment appeal board is created within the
15department of inspections, and appeals, and licensing, to hear
16and decide contested cases under chapter 8A, subchapter IV, and
17chapters 80, 88, 91C, 96, and 97B.
18 Sec. 1439. Section 10A.702, unnumbered paragraph 1, Code
192023, is amended to read as follows:
20The administrator director shall coordinate the division’s
21 department’s conduct of various inspections and investigations
22as otherwise provided by law including, but not limited to, all
23of the following:
24 Sec. 1440. Section 10A.702, subsection 2, Code 2023, is
25amended to read as follows:
262. Inspections and other licensing procedures relative to
27the hospice program, hospitals, and health care facilities.
28The division department is designated as the sole licensing
29authority for these programs and facilities.
30 Sec. 1441. Section 10A.801, subsection 1, unnumbered
31paragraph 1, Code 2023, is amended to read as follows:
32For purposes of this article subchapter, unless the context
33otherwise requires:
34 Sec. 1442. Section 10A.801, subsection 1, paragraph b, Code
352023, is amended to read as follows:
-917- 1b. “Division” means the administrative hearings division of
2the department of inspections, and appeals, and licensing.
3 Sec. 1443. Section 84A.1, subsection 3, Code 2023, is
4amended to read as follows:
53. a. The director of the department of workforce
6development shall, subject to the requirements of section
784A.1B, prepare, administer, and control the budget of the
8department and its divisions and shall approve the employment
9of all personnel of the department and its divisions.
10b. The director of the department of workforce development
11shall direct the administrative and compliance functions and
12control the docket of the division of workers’ compensation.
13 Sec. 1444. Section 84A.5, subsections 4 and 5, Code 2023,
14are amended by striking the subsections.
15 Sec. 1445. REPEAL. Sections 10A.401 and 10A.701, Code 2023,
16are repealed.
17 Sec. 1446. CODE EDITOR DIRECTIVE.
181. The Code editor is directed to make the following
19transfers:
20a. Section 135.61 to section 10A.711.
21b. Section 135.62 to section 10A.712.
22c. Section 135.63 to section 10A.713.
23d. Section 135.64 to section 10A.714.
24e. Section 135.65 to section 10A.715.
25f. Section 135.66 to section 10A.716.
26g. Section 135.67 to section 10A.717.
27h. Section 135.68 to section 10A.718.
28i. Section 135.69 to section 10A.719.
29j. Section 135.70 to section 10A.720.
30k. Section 135.71 to section 10A.721.
31l. Section 135.72 to section 10A.722.
32m. Section 135.73 to section 10A.723.
33n. Section 135.74 to section 10A.724.
34o. Section 135.75 to section 10A.725.
35p. Section 135.76 to section 10A.726.
-918- 1q. Section 135.78 to section 10A.727.
2r. Section 135.79 to section 10A.728.
3s. Section 135.83 to section 10A.729.
42. The Code editor is directed to rename and retitle article
5I of chapter 10A as follows:
6Subchapter I GENERAL PROVISIONS
73. The Code editor is directed to rename and retitle article
8IV of chapter 10A as follows:
9Subchapter IV INVESTIGATIONS
104. The Code editor is directed to rename article VI of
11chapter 10A as subchapter VI.
125. The Code editor is directed to rename and retitle article
13VII of chapter 10A and designate parts as follows:
14a. Subchapter VII shall be entitled HEALTH FACILITIES and
15include sections 10A.702 through 10A.729.
16b. Subchapter VII, part 1, shall be entitled GENERAL
17PROVISIONS and include section 10A.702.
18c. Subchapter VII, part 2, shall be entitled HEALTH
19FACILITIES COUNCIL and include sections 10A.711 through
2010A.729.
216. The Code editor is directed to rename article VIII of
22chapter 10A as subchapter VIII.
237. The Code editor shall correct internal references in the
24Code and in any enacted legislation as necessary due to the
25enactment of this section.
26LABOR SERVICES
27 Sec. 1447. NEW SECTION. 10A.200 Definitions.
28As used in this subchapter, unless the context otherwise
29requires:
301. “Commissioner” means the labor commissioner appointed
31pursuant to section 10A.203, or the commissioner’s designee.
322. “Division” means the division of labor services of the
33department of inspections, appeals, and licensing.
34 Sec. 1448. NEW SECTION. 10A.202 Labor services —
35responsibilities.
-919- 11. The division is responsible for the administration of
2the laws of this state under chapters 88 and 89B and sections
385.67A and 85.68, and such other duties assigned to the
4division or commissioner. The executive head of the division
5is the commissioner, appointed pursuant to section 10A.203.
62. The department is responsible for the administration of
7the laws of this state under chapters 88A, 88B, 89, 89A, 90A,
891A, 91C, 91D, 91E, 92, and such other labor-services duties
9assigned to the department or director.
10 Sec. 1449. Section 73A.21, subsection 1, paragraphs a and b,
11Code 2023, are amended by striking the paragraphs.
12 Sec. 1450. Section 73A.21, subsections 5, 6, 8, and 9, Code
132023, are amended to read as follows:
145. The commissioner director and the division department
15 shall administer and enforce this section, and the commissioner
16 director shall adopt rules for the administration and
17enforcement of this section as provided in section 91.6.
186. The commissioner director shall have the following
19powers and duties for the purposes of this section:
20a. The commissioner director may hold hearings and
21investigate charges of violations of this section.
22b. The commissioner director may, consistent with due
23process of law, enter any place of employment to inspect
24records concerning labor force residency, to question
25an employer or employee, and to investigate such facts,
26conditions, or matters as are deemed appropriate in determining
27whether any person has violated the provisions of this section.
28The commissioner director shall only make such an entry in
29response to a written complaint.
30c. The commissioner director shall develop a written
31complaint form applicable to this section and make it available
32in division department offices and on the department of
33workforce development’s department’s internet site.
34d. The commissioner director may sue for injunctive relief
35against the awarding of a contract, the undertaking of a public
-920-1improvement, or the continuation of a public improvement in
2response to a violation of this section.
3e. The commissioner director may investigate and ascertain
4the residency of a worker engaged in any public improvement in
5this state.
6f. The commissioner director may administer oaths, take
7or cause to be taken deposition of witnesses, and require
8by subpoena the attendance and testimony of witnesses and
9the production of all books, registers, payrolls, and other
10evidence relevant to a matter under investigation or hearing.
11g. The commissioner director may employ qualified personnel
12as are necessary for the enforcement of this section. Such
13personnel shall be employed pursuant to the merit system
14provisions of chapter 8A, subchapter IV.
15h. The commissioner director shall require a contractor or
16subcontractor to file, within ten days of receipt of a request,
17any records enumerated in subsection 7. If the contractor or
18subcontractor fails to provide the requested records within ten
19days, the commissioner director may direct, within fifteen days
20after the end of the ten-day period, the fiscal or financial
21office charged with the custody and disbursement of funds of
22the public body that contracted for construction of the public
23improvement or undertook the public improvement, to immediately
24withhold from payment to the contractor or subcontractor
25up to twenty-five percent of the amount to be paid to the
26contractor or subcontractor under the terms of the contract
27or written instrument under which the public improvement is
28being performed. The amount withheld shall be immediately
29released upon receipt by the public body of a notice from
30the commissioner indicating that the request for records as
31required by this section has been satisfied.
328. Any person or entity that violates the provisions of
33this section is subject to a civil penalty in an amount not
34to exceed one thousand dollars for each violation found in
35a first investigation by the division department, not to
-921-1exceed five thousand dollars for each violation found in a
2second investigation by the division department, and not to
3exceed fifteen thousand dollars for a third or subsequent
4violation found in any subsequent investigation by the division
5 department. Each violation of this section for each worker and
6for each day the violation continues constitutes a separate and
7distinct violation. In determining the amount of the penalty,
8the division department shall consider the appropriateness of
9the penalty to the person or entity charged, upon determination
10of the gravity of the violations. The collection of these
11penalties shall be enforced in a civil action brought by the
12attorney general on behalf of the division department.
139. A party seeking review of the division’s department’s
14 determination pursuant to this section may file a written
15request for an informal conference. The request must be
16received by the division department within fifteen days
17after the date of issuance of the division’s department’s
18 determination. During the conference, the party seeking
19review may present written or oral information and arguments
20as to why the division’s department’s determination should be
21amended or vacated. The division department shall consider
22the information and arguments presented and issue a written
23decision advising all parties of the outcome of the conference.
24 Sec. 1451. Section 91.2, Code 2023, is amended to read as
25follows:
2691.2 Appointment Labor commissioner — appointment.
27The governor shall appoint, subject to confirmation by the
28senate, a labor commissioner who shall serve for a period of
29six years beginning and ending as provided in section 69.19 at
30the pleasure of the governor. If the office becomes vacant,
31the vacancy shall be filled in the same manner as provided for
32the original appointment.
33 Sec. 1452. Section 91.4, Code 2023, is amended to read as
34follows:
3591.4 Duties and powers — labor services.
-922- 11. The duties of said the commissioner or director, as
2applicable, pursuant to this subchapter shall be as follows:
3a. To safely keep all records, papers, documents,
4correspondence, and other property pertaining to or coming into
5the commissioner’s or director’s hands by virtue of the office,
6and deliver the same to the commissioner’s or director’s
7 successor, except as otherwise provided.
8b. To collect, assort, and systematize statistical details
9relating to programs of the division of labor services or
10department under this subchapter.
11c. To issue from time to time bulletins containing
12information of importance to the industries of the state and
13to the safety of wage earners.
14d. To conduct and to cooperate with other interested persons
15and organizations in conducting educational programs and
16projects on employment safety.
17e. 2. To The commissioner shall serve as an ex officio
18member of the state fire service and emergency response council
19created in section 100B.1, or shall appoint a designee to serve
20as an ex officio member of such council, to assist the council
21in the development of rules relating to fire fighting training
22standards and any other issues relating to occupational safety
23and health standards for fire fighters.
242. 3. The director of the department of workforce
25development, in consultation with the labor commissioner,
26shall, at the time provided by law, make an annual report to
27the governor setting forth in appropriate form the business and
28expense of the division of labor services and department under
29this subchapter for the preceding year, the number of remedial
30actions taken under chapter 89A, the number of disputes or
31violations processed by the division or department and the
32disposition of the disputes or violations, and other matters
33pertaining to the division or department under this subchapter
34 which are of public interest, together with recommendations for
35change or amendment of the laws in this chapter and chapters
-923-188, 88A, 88B, 89, 89A, 89B, 90A, 91A, 91C, 91D, 91E, and
2 92, and 94A, and section sections 85.67A, and 85.68, and the
3recommendations, if any, shall be transmitted by the governor
4to the first general assembly in session after the report is
5filed.
63. 4. The commissioner or director, as applicable, with the
7assistance of the office of the attorney general if requested
8by the commissioner or director, may commence a civil action
9in any court of competent jurisdiction to enforce the statutes
10under the commissioner’s or director’s jurisdiction under this
11subchapter.
124. 5. The division of labor services or department, as
13applicable, may sell documents printed by the division or
14department as it relates to this subchapter at cost according
15to rules established by the labor commissioner or director
16 pursuant to chapter 17A. Receipts from the sale shall be
17deposited to the credit of the division department and may
18be used by the division for administrative expenses of the
19division and department under this subchapter.
205. 6. Except as provided in chapter 91A, the commissioner
21or director, as applicable, may recover interest, court costs,
22and any attorney fees incurred in recovering any amounts due
23under this subchapter. The recovery shall only take place
24after final agency action is taken under chapter 17A, or upon
25judicial review, after final disposition of the case by the
26court. Attorney fees recovered in an action brought under
27the jurisdiction of the commissioner or director under this
28subchapter shall be deposited in the general fund of the state.
29The commissioner is and director are exempt from the payment of
30any filing fee or other court costs including but not limited
31to fees paid to county sheriffs.
326. 7. The commissioner or director may establish rules
33pursuant to chapter 17A to assess and collect interest on fees,
34penalties, and other amounts due the division or department,
35as applicable, under this subchapter. The commissioner or
-924-1director may delay or, following written notice, deny the
2issuance of a license, commission, registration, certificate,
3or permit authorized under chapter 88A, 89, 89A, 90A, or
4 91C, or 94A if the applicant for the license, commission,
5registration, certificate, or permit owes a liquidated debt to
6the commissioner or director.
7 Sec. 1453. Section 91.5, Code 2023, is amended to read as
8follows:
991.5 Other duties — jurisdiction in general.
10The As provided by this subchapter, the commissioner
11or director shall have jurisdiction and it shall be the
12commissioner’s or director’s duty to supervise the enforcement
13of:
141. All laws relating to safety appliances and inspection
15thereof and health conditions in manufacturing and mercantile
16establishments, workshops, machine shops, other industrial
17concerns within the commissioner’s jurisdiction and sanitation
18and shelter for railway employees.
192. All laws of the state relating to child labor.
203. All laws relating to employment agencies.
214. Such other provisions of law as are now or shall
22hereafter be relating to this subchapter within the
23commissioner’s or director’s jurisdiction.
24 Sec. 1454. Section 91.6, Code 2023, is amended to read as
25follows:
2691.6 Rules Labor commissioner — rules.
27The commissioner shall adopt rules pursuant to chapter 17A
28for the purpose of administering this chapter and all other
29 chapters under the commissioner’s jurisdiction as provided in
30section 10A.202, subsection 1.
31 Sec. 1455. Section 91.8, Code 2023, is amended to read as
32follows:
3391.8 Traveling expenses.
34The director, commissioner, inspectors, and other employees
35of the office division or department shall be allowed their
-925-1necessary traveling expenses while in the discharge of their
2duties under this subchapter.
3 Sec. 1456. Section 91.9, Code 2023, is amended to read as
4follows:
591.9 Right to enter premises.
6The labor director, commissioner, and the inspectors shall
7have the power to enter any factory or mill, workshop, mine,
8store, railway facility, including locomotive or caboose,
9business house, or public or private work, when the same is
10open or in operation, for the purpose of gathering facts and
11statistics such as are contemplated by this chapter subchapter,
12and to examine into the methods of protection from danger to
13employees, and the sanitary conditions in and around such
14buildings and places, and make a record thereof.
15 Sec. 1457. Section 91.10, Code 2023, is amended to read as
16follows:
1791.10 Power to secure evidence.
18The labor director or commissioner, or the commissioner’s
19designee as applicable, may issue subpoenas, administer
20oaths, and take testimony in all matters relating to the
21duties required of them the director or commissioner under
22this subchapter. Witnesses subpoenaed and testifying before
23the director or commissioner or the commissioner’s designee
24 shall be paid the same fees as witnesses under section 622.69,
25payment to be made out of the funds appropriated to the
26department or division of labor services, as applicable.
27 Sec. 1458. Section 91.11, Code 2023, is amended to read as
28follows:
2991.11 Prosecutions for violations — labor services.
301. If the director or commissioner learns of any violation
31of any law administered by the department or division under
32this subchapter, the director or commissioner may give the
33county attorney of the county in which the violation occurred
34written notice of the facts, whereupon that officer shall
35institute the proper proceedings against the person charged
-926-1with the offense.
22. If the director or commissioner is of the opinion
3that the violation is not willful, or is an oversight or of
4a trivial nature, the director or commissioner may at the
5director’s or commissioner’s discretion fix a time within
6which the violation shall be corrected and notify the owner,
7operator, superintendent, or person in charge. If the
8violation is corrected within the time fixed, then the director
9or commissioner shall not cause prosecution to be begun.
10 Sec. 1459. Section 91.15, Code 2023, is amended to read as
11follows:
1291.15 Definition of additional terms.
13The expressions “factory”, “mill”, “workshop”, “mine”,
14“store”, “railway”, “business house”, and “public or private
15work”, as used in this chapter subchapter, shall be construed
16to mean any factory, mill, workshop, mine, store, railway,
17business house, or public or private work, where wage earners
18are employed for a compensation.
19 Sec. 1460. Section 91.16, Code 2023, is amended to read as
20follows:
2191.16 Violations — penalties.
22Persons violating any of the provisions of this chapter
23 subchapter shall be punished as in this section provided,
24respectively:
251. Any owner, superintendent, manager, or person in charge
26of any factory, mill, workshop, store, mine, hotel, restaurant,
27cafe, railway, business house, or public or private work, who
28shall refuse to allow the labor director, commissioner, or any
29inspector or employee of the department or division of labor
30services to enter the same, or who shall hinder or deter the
31director, commissioner, inspector, or employee in collecting
32information which it is that person’s duty to collect shall be
33guilty of a simple misdemeanor.
342. Any officer or employee of the department or division
35of labor services, or any person making unlawful use of names
-927-1or information obtained under this subchapter by virtue of the
2person’s office, shall be guilty of a serious misdemeanor.
33. Any owner, operator, or manager of a factory, mill,
4workshop, mine, store, railway, business house, or public or
5private work, who shall neglect or refuse for thirty days
6after receipt of notice from the director or commissioner to
7furnish any reports or returns the director or commissioner may
8require to enable the director or commissioner to discharge the
9director’s or commissioner’s duties under this subchapter shall
10be guilty of a simple misdemeanor.
11 Sec. 1461. REPEAL. Section 91.1, Code 2023, is repealed.
12 Sec. 1462. CODE EDITOR DIRECTIVE.
131. The Code editor is directed to make the following
14transfers:
15a. Section 91.2 to section 10A.203.
16b. Section 91.4 to section 10A.204.
17c. Section 91.5 to section 10A.205.
18d. Section 91.6 to section 10A.206.
19e. Section 91.8 to section 10A.207.
20f. Section 91.9 to section 10A.208.
21g. Section 91.10 to section 10A.209.
22h. Section 91.11 to section 10A.210.
23i. Section 91.15 to section 10A.201.
24j. Section 91.16 to section 10A.211.
25k. Section 73A.21 to section 8A.311B.
262.The Code editor is directed to rename article II in
27chapter 10A as follows:
28Article II shall be subchapter II and shall be entitled
29“Labor Services” and include sections 10A.200 through 10A.211.
303. The Code editor may modify subchapter titles if necessary
31and is directed to correct internal references in the Code as
32necessary due to enactment of this section.
33WORKERS’ COMPENSATION
34 Sec. 1463. NEW SECTION. 10A.301 Definitions.
35As used in this subchapter, unless the context otherwise
-928-1requires:
21. “Commissioner” means the workers’ compensation
3commissioner appointed pursuant to section 86.1, or the
4commissioner’s designee.
52. “Division” means the division of workers’ compensation of
6the department of inspections, appeals, and licensing.
7 Sec. 1464. NEW SECTION. 10A.302 Workers’ compensation —
8responsibilities.
9The division is responsible for the administration of the
10laws of this state relating to workers’ compensation under this
11subchapter and chapters 85, 85A, 85B, and 87. The executive
12head of the division is the workers’ compensation commissioner,
13appointed pursuant to section 86.1.
14 Sec. 1465. Section 86.1, Code 2023, is amended to read as
15follows:
1686.1 Workers’ compensation commissioner — term appointment.
17The governor shall appoint, subject to confirmation by the
18senate, a workers’ compensation commissioner whose term of
19office who shall be six years beginning and ending as provided
20in section 69.19 serve at the pleasure of the governor. The
21workers’ compensation commissioner shall maintain an office
22at the seat of government. If the office becomes vacant, the
23vacancy shall be filled in the same manner as provided for the
24original appointment. The workers’ compensation commissioner
25must be a lawyer admitted to practice in this state.
26 Sec. 1466. Section 86.7, Code 2023, is amended to read as
27follows:
2886.7 Interest in affected business.
29It shall be unlawful for the commissioner to be financially
30interested in any business enterprise coming under or affected
31by this chapter subchapter during the commissioner’s term of
32office, and if the commissioner violates this statute, it shall
33be sufficient grounds for removal from office, and in such
34case the governor shall at once declare the office vacant and
35appoint another to fill the vacancy.
-929-1 Sec. 1467. Section 86.8, subsection 1, paragraph a, Code
22023, is amended to read as follows:
3a. Adopt and enforce rules necessary to implement this
4chapter subchapter and chapters 85, 85A, 85B, and 87.
5 Sec. 1468. Section 86.9, subsections 1 and 2, Code 2023, are
6amended to read as follows:
71. The director of the department of workforce development,
8in consultation with the commissioner, shall, at the time
9provided by law, make an annual report to the governor setting
10forth in appropriate form the business and expense of the
11division of workers’ compensation for the preceding year, the
12number of claims processed by the division and the disposition
13of the claims, and other matters pertaining to the division
14which are of public interest, together with recommendations
15for change or amendment of the laws in this chapter subchapter
16 and chapters 85, 85A, 85B, and 87, and the recommendations, if
17any, shall be transmitted by the governor to the first general
18assembly in session after the report is filed.
192. The commissioner, after consultation with the director
20of the department of workforce development, may compile an
21annual report setting forth the final decisions, rulings, and
22orders of the division for the preceding year and setting forth
23other matters or information which the commissioner considers
24desirable for publication.
25 Sec. 1469. Section 86.13, subsection 1, Code 2023, is
26amended to read as follows:
271. If an employer or insurance carrier pays weekly
28compensation benefits to an employee, the employer or insurance
29carrier shall file with the workers’ compensation commissioner
30in the form and manner required by the workers’ compensation
31commissioner a notice of the commencement of the payments.
32The payments establish conclusively that the employer and
33insurance carrier have notice of the injury for which benefits
34are claimed but the payments do not constitute an admission of
35liability under this chapter subchapter or chapter 85, 85A, or
-930-185B.
2 Sec. 1470. Section 86.13, subsection 4, paragraph a, Code
32023, is amended to read as follows:
4a. If a denial, a delay in payment, or a termination of
5benefits occurs without reasonable or probable cause or excuse
6known to the employer or insurance carrier at the time of
7the denial, delay in payment, or termination of benefits,
8the workers’ compensation commissioner shall award benefits
9in addition to those benefits payable under this chapter
10 subchapter, or chapter 85, 85A, or 85B, up to fifty percent of
11the amount of benefits that were denied, delayed, or terminated
12without reasonable or probable cause or excuse.
13 Sec. 1471. Section 86.17, Code 2023, is amended to read as
14follows:
1586.17 Hearings — presiding officer — venue.
161. Notwithstanding the provisions of section 17A.11,
17the workers’ compensation commissioner or a deputy workers’
18compensation commissioner shall preside over any contested case
19proceeding brought under this chapter subchapter, or chapter
2085, 85A, or 85B in the manner provided by chapter 17A. The
21deputy commissioner or the commissioner may make such inquiries
22in contested case proceedings as shall be deemed necessary, so
23long as such inquiries do not violate any of the provisions of
24section 17A.17.
252. Hearings in contested case proceedings under this
26subchapter and chapters 85, and 85A and this chapter shall be
27held in the judicial district where the injury occurred. By
28written stipulation of the parties or by the order of a deputy
29workers’ compensation commissioner or the commissioner, a
30hearing may be held elsewhere. If the injury occurred outside
31this state, or if the proceeding is not one for benefits
32resulting from an injury, hearings shall be held in Polk county
33or as otherwise stipulated by the parties or by order of a
34deputy workers’ compensation commissioner or the workers’
35compensation commissioner.
-931-1 Sec. 1472. Section 86.18, subsection 1, Code 2023, is
2amended to read as follows:
31. Evidence, process and procedure in contested case
4proceedings or appeal proceedings within the agency under this
5chapter, subchapter and chapters 85 and 85A shall be as summary
6as practicable consistent with the requirements of chapter 17A.
7 Sec. 1473. Section 86.19, subsection 1, Code 2023, is
8amended to read as follows:
91. The workers’ compensation commissioner, or a deputy
10commissioner, may appoint or may direct a party to furnish at
11the party’s initial expense a certified shorthand reporter
12to be present and report, or to furnish mechanical means
13to record, and if necessary, transcribe proceedings of any
14contested case under this chapter, subchapter and chapters 85
15and 85A and fix the reasonable amount of compensation for such
16service. The charges shall be taxed as costs and the party
17initially paying the expense of the presence or transcription
18shall be reimbursed. The reporter shall faithfully and
19accurately report the proceedings.
20 Sec. 1474. Section 86.24, subsection 1, Code 2023, is
21amended to read as follows:
221. Any party aggrieved by a decision, order, ruling, finding
23or other act of a deputy commissioner in a contested case
24proceeding arising under this chapter subchapter or chapter 85
25or 85A may appeal to the workers’ compensation commissioner
26in the time and manner provided by rule. The hearing on an
27appeal shall be in Polk county unless the workers’ compensation
28commissioner shall direct the hearing be held elsewhere.
29 Sec. 1475. Section 86.26, subsection 1, Code 2023, is
30amended to read as follows:
311. Judicial review of decisions or orders of the workers’
32compensation commissioner may be sought in accordance
33with chapter 17A. Notwithstanding chapter 17A, the Iowa
34administrative procedure Act, petitions for judicial review
35may be filed in the district court of the county in which the
-932-1hearing under section 86.17 was held, the workers’ compensation
2commissioner shall transmit to the reviewing court the original
3or a certified copy of the entire record of the contested case
4which is the subject of the petition within thirty days after
5receiving written notice from the party filing the petition
6that a petition for judicial review has been filed, and an
7application for stay of agency action during the pendency of
8judicial review shall not be filed in the division of workers’
9compensation of the department of workforce development
10 but shall be filed with the district court. Such a review
11proceeding shall be accorded priority over other matters
12pending before the district court.
13 Sec. 1476. Section 86.29, Code 2023, is amended to read as
14follows:
1586.29 The judicial review petition.
16Notwithstanding chapter 17A, the Iowa administrative
17procedure Act, in a petition for judicial review of a decision
18of the workers’ compensation commissioner in a contested case
19under this chapter subchapter or chapter 85, 85A, 85B, or 87,
20the opposing party shall be named the respondent, and the
21agency shall not be named as a respondent.
22 Sec. 1477. Section 86.39, Code 2023, is amended to read as
23follows:
2486.39 Fees — approval.
251. All fees or claims for legal, medical, hospital, and
26burial services rendered under this chapter subchapter and
27chapters 85, 85A, 85B, and 87 are subject to the approval of
28the workers’ compensation commissioner. For services rendered
29in the district court and appellate courts, the attorney fee is
30subject to the approval of a judge of the district court.
312. An attorney shall not recover fees for legal services
32based on the amount of compensation voluntarily paid or agreed
33to be paid to an employee for temporary or permanent disability
34under this chapter subchapter, or chapter 85, 85A, 85B, or
3587. An attorney shall only recover a fee based on the amount
-933-1of compensation that the attorney demonstrates would not have
2been paid to the employee but for the efforts of the attorney.
3Any disputes over the recovery of attorney fees under this
4subsection shall be resolved by the workers’ compensation
5commissioner.
6 Sec. 1478. Section 86.43, Code 2023, is amended to read as
7follows:
886.43 Judgment — modification.
9Upon the presentation to the court of a file-stamped copy
10of a decision of the workers’ compensation commissioner,
11ending, diminishing, or increasing the compensation under the
12provisions of this chapter subchapter, the court shall revoke
13or modify the decree or judgment to conform to such decision.
14 Sec. 1479. Section 86.44, Code 2023, is amended to read as
15follows:
1686.44 Confidentiality.
171. All verbal or written information relating to the subject
18matter of an agreement and transmitted between any party to
19a dispute and a mediator to resolve a dispute pursuant to
20this chapter subchapter or chapter 85, 85A, or 85B, during
21any stage of a mediation or a dispute resolution process
22conducted by a mediator as provided in this section, whether
23reflected in notes, memoranda, or other work products in the
24case files, is a confidential communication except as otherwise
25expressly provided in this chapter. Mediators involved in
26a mediation or a dispute resolution process shall not be
27examined in any judicial or administrative proceeding regarding
28confidential communications and are not subject to judicial or
29administrative process requiring the disclosure of confidential
30communications.
312. For purposes of this section, “mediator” means a chief
32deputy workers’ compensation commissioner or deputy workers’
33compensation commissioner acting in the capacity to resolve a
34dispute pursuant to this chapter subchapter or chapter 85, 85A,
35or 85B, or an employee of the division of workers’ compensation
-934-1involved during any stage of a process to resolve a dispute.
2 Sec. 1480. CODE EDITOR DIRECTIVE.
31. The Code editor is directed to make the following
4transfers:
5a. Section 86.1 to section 10A.303.
6b. Section 86.2 to section 10A.304.
7c. Section 86.3 to section 10A.305.
8d. Section 86.4 to section 10A.306.
9e. Section 86.5 to section 10A.307.
10f. Section 86.6 to section 10A.308.
11g. Section 86.7 to section 10A.309.
12h. Section 86.8 to section 10A.310.
13i. Section 86.9 to section 10A.311.
14j. Section 86.10 to section 10A.312.
15k. Section 86.11 to section 10A.313.
16l. Section 86.12 to section 10A.314.
17m. Section 86.13 to section 10A.315.
18n. Section 86.13A to section 10A.316.
19o. Section 86.14 to section 10A.317.
20p. Section 86.17 to section 10A.318.
21q. Section 86.18 to section 10A.319.
22r. Section 86.19 to section 10A.320.
23s. Section 86.24 to section 10A.321.
24t. Section 86.26 to section 10A.322.
25u. Section 86.27 to section 10A.323.
26v. Section 86.29 to section 10A.324.
27w. Section 86.32 to section 10A.325.
28x. Section 86.38 to section 10A.326.
29y. Section 86.39 to section 10A.327.
30z. Section 86.40 to section 10A.328.
31aa. Section 86.41 to section 10A.329.
32ab. Section 86.42 to section 10A.330.
33ac. Section 86.43 to section 10A.331.
34ad. Section 86.44 to section 10A.332.
35ae. Section 86.45 to section 10A.333.
-935- 12.The Code editor is directed to rename article III in
2chapter 10A as follows:
3Article III shall be subchapter III and shall be entitled
4“Workers’ Compensation” and include sections 10A.301 through
510A.333.
63. The Code editor may modify subchapter titles if necessary
7and is directed to correct internal references in the Code as
8necessary due to enactment of this section.
9LICENSING AND REGULATION ACTIVITIES
10 Sec. 1481. NEW SECTION. 10A.502 Responsibilities.
11The director shall coordinate the department’s conduct of
12various licensing and regulatory functions of the state under
13the administrative authority of the department including but
14not limited to all of the following:
151. Licensing and regulation of certain fire control and
16building code-related activities and professions.
172. Licensing and regulation of certain health-related
18professions.
193. Licensing and regulation of certain business and
20commerce-related professions.
21 Sec. 1482. NEW SECTION. 10A.511 Fire control duties.
22The duties of the director as it relates to fire control
23shall be as follows:
241. To enforce all laws, and the rules and regulations of the
25department concerned with all of the following:
26a. The prevention of fires.
27b. The storage, transportation, handling, and use of
28flammable liquids, combustibles, fireworks, and explosives.
29c. The storage, transportation, handling, and use of liquid
30petroleum gas.
31d. The electric wiring and heating, and adequate means of
32exit in case of fire, from churches, schools, hotels, theaters,
33amphitheaters, asylums, hospitals, health care facilities as
34defined in section 135C.1, college buildings, lodge halls,
35public meeting places, and all other structures in which
-936-1persons congregate from time to time, whether publicly or
2privately owned.
32. To promote fire safety and reduction of loss by fire
4through educational methods.
53. To promulgate fire safety rules in consultation with the
6state fire marshal. The director shall have exclusive right
7to promulgate fire safety rules as they apply to enforcement
8or inspection requirements by the department, but the rules
9shall be promulgated pursuant to chapter 17A. Wherever by
10any statute the director or the department is authorized
11or required to promulgate, proclaim, or amend rules and
12minimum standards regarding fire hazards or fire safety or
13protection in any establishment, building, or structure, the
14rules and standards shall promote and enforce fire safety,
15fire protection, and the elimination of fire hazards as the
16rules may relate to the use, occupancy, and construction
17of the buildings, establishments, or structures. The word
18“construction” shall include but is not limited to electrical
19wiring, plumbing, heating, lighting, ventilation, construction
20materials, entrances and exits, and all other physical
21conditions of the building which may affect fire hazards,
22safety, or protection. The rules and minimum standards shall
23be in substantial compliance except as otherwise specifically
24provided in this chapter, with the standards of the national
25fire protection association relating to fire safety as
26published in the national fire codes.
274. To adopt rules designating a fee to be assessed to
28each building, structure, or facility for which a fire safety
29inspection or plan review by the director is required by law.
30The fee designated by rule shall be set in an amount that is
31reasonably related to the costs of conducting the applicable
32inspection or plan review. The fees collected by the
33department shall be deposited in the general fund of the state.
345. To administer the fire extinguishing system contractor,
35alarm system contractor, and alarm system installer
-937-1certification program established in chapter 100C.
26. To order the suspension of the use of consumer fireworks,
3display fireworks, or novelties, as described in section 727.2,
4if the state fire marshal determines that the use of such
5devices would constitute a threat to public safety.
6 Sec. 1483. NEW SECTION. 10A.512 Inspections.
7The director, and the director’s designated subordinates,
8in the performance of their duties under this part, shall have
9authority to enter any building or premises and to examine the
10same and the contents thereof.
11 Sec. 1484. NEW SECTION. 10A.533 Enforcement.
121. If any local board, as defined in section 135.1, shall
13fail to enforce the rules of the department under this part or
14carry out the department’s lawful directions under this part,
15the department may enforce the same within the territorial
16jurisdiction of such local board, and for that purpose it may
17exercise all of the powers given by statute to the local board,
18and may employ the necessary assistants to carry out its lawful
19directions.
202. All expenses incurred by the department in determining
21whether its rules are enforced by a local board under this
22part, and in enforcing the same when a local board has failed
23to do so, shall be paid in the same manner as the expenses of
24enforcing such rules when enforced by the local board.
253. All peace officers of the state when called upon by the
26department shall enforce the department’s rules under this part
27and execute the lawful orders of the department under this part
28within their respective jurisdictions.
29 Sec. 1485. NEW SECTION. 10A.534 Penalties.
301. Any person who knowingly violates any provision of this
31part, or of the rules of the department under this part, or
32any lawful order, written or oral, of the department or of its
33officers, or authorized agents under this part, shall be guilty
34of a simple misdemeanor.
352. Any person resisting or interfering with the department,
-938-1its employees, or authorized agents, in the discharge of any
2duty imposed by law under this part shall be guilty of a simple
3misdemeanor.
4 Sec. 1486. Section 12.83, Code 2023, is amended to read as
5follows:
612.83 School infrastructure fund moneys — state fire marshal
7 allocation to department of inspections, appeals, and licensing.
8During the term of the school infrastructure program
9established in section 292.2, up to fifty thousand dollars
10of the moneys deposited each fiscal year in the school
11infrastructure fund shall be allocated each fiscal year to the
12department of public safety inspections, appeals, and licensing
13 for the use of the state fire marshal department. The funds
14shall be used by the state fire marshal department solely
15for the purpose of retaining an architect or architectural
16firm to evaluate structures for which school infrastructure
17program grant applications are made, to consult with school
18district representatives, to review construction drawings and
19blueprints, and to perform related duties at the direction of
20the state fire marshal department to ensure the best possible
21use of moneys received by a school district under the school
22infrastructure program. The state fire marshal department
23 shall provide for the review of plans, drawings, and blueprints
24in a timely manner.
25 Sec. 1487. Section 72.5, subsection 2, Code 2023, is amended
26to read as follows:
272. The director of the economic development authority,
28in consultation with the department of management, and the
29 state building code commissioner, and state fire marshal, shall
30develop standards and methods to evaluate design development
31documents and construction documents based upon life cycle cost
32factors to facilitate fair and uniform comparisons between
33design proposals and informed decision making by public bodies.
34 Sec. 1488. Section 88A.11, subsection 2, Code 2023, is
35amended to read as follows:
-939- 12. A concession booth, amusement device or ride which is
2owned and operated by a nonprofit religious, educational or
3charitable institution or association if such booth, device or
4ride is located within a building subject to inspection by the
5state fire marshal director or by any political subdivisions
6of the state under its building, fire, electrical, and related
7public safety ordinances.
8 Sec. 1489. Section 100.1, subsections 3, 4, 5, 6, and 7,
9Code 2023, are amended by striking the subsections.
10 Sec. 1490. Section 100.1, subsection 8, Code 2023, is
11amended to read as follows:
128. To recommend to the director of the department of
13inspections, appeals, and licensing, that the director order
14the suspension of the use of consumer fireworks, display
15fireworks, or novelties, as described in section 727.2, if the
16fire marshal determines that the use of such devices would
17constitute a threat to public safety.
18 Sec. 1491. Section 100.11, Code 2023, is amended to read as
19follows:
20100.11 Fire escapes.
21It shall be the duty of the fire marshal director to enforce
22all laws relating to fire escapes.
23 Sec. 1492. Section 100.12, Code 2023, is amended to read as
24follows:
25100.12 Authority for inspection — orders.
26The chief of a fire department or an authorized subordinate
27who is trained in fire prevention safety standards may enter
28a building or premises at a reasonable hour to examine the
29building or premises and its contents. The examining official
30shall order the correction of a condition which is in violation
31of this chapter, a rule adopted under this chapter, or a
32city or county fire safety ordinance. The order shall be
33in writing or, if the danger is imminent, orally followed by
34a written order. The examining official shall enforce the
35order in accordance with the applicable law or ordinance. At
-940-1the request of the examining official the state fire marshal
2 director may assist in an enforcement action.
3 Sec. 1493. Section 100.13, Code 2023, is amended to read as
4follows:
5100.13 Violations — orders.
61. If a person has violated or is violating a provision of
7this chapter or a rule adopted pursuant to this chapter, the
8state fire marshal director, the chief of any fire department,
9or the fire prevention officer of a fire department organized
10under chapter 400 may issue an order directing the person to
11desist in the practice which constitutes the violation and
12to take corrective action as necessary to ensure that the
13violation will cease. The order shall be in writing and shall
14specify a reasonable time by which the person shall comply
15with the order. The person to whom the order is issued may
16appeal the order as provided in chapter 17A. On appeal,
17the administrative law judge may affirm, modify, or vacate
18the order. Judicial review may be sought in accordance with
19chapter 17A.
202. Notwithstanding any other provision of law to the
21contrary, if the state fire marshal director determines that
22an emergency exists respecting any matter affecting or likely
23to affect the public safety, the fire marshal director may
24issue any order necessary to terminate the emergency without
25notice or hearing. An emergency order is binding and effective
26immediately, until or unless the order is modified, vacated, or
27stayed at an administrative hearing or by a district court.
28 Sec. 1494. Section 100.14, Code 2023, is amended to read as
29follows:
30100.14 Legal proceedings — penalties — injunctive relief.
31At the request of the state fire marshal director, the
32county attorney shall institute any legal proceedings on behalf
33of the state necessary to obtain compliance or enforce the
34penalty provisions of this chapter or rules or orders adopted
35or issued pursuant to this chapter, including, but not limited
-941-1to, a legal action for injunctive relief. The county attorney
2or any other attorney acting on behalf of the chief of a fire
3department or a fire prevention officer may institute legal
4proceedings, including, but not limited to, a legal action for
5injunctive relief, to obtain compliance or enforce the penalty
6provisions or orders issued pursuant to section 100.13.
7 Sec. 1495. Section 100.16, Code 2023, is amended to read as
8follows:
9100.16 Judicial review — court costs.
101. Judicial review of actions of the fire marshal director
11 may be sought in accordance with the terms of the Iowa
12administrative procedure Act pursuant to chapter 17A. If
13legal proceedings have been instituted pursuant to section
14100.14, all related issues which could otherwise be raised in
15a proceeding for judicial review shall be raised in the legal
16proceedings instituted pursuant to section 100.14.
172. Upon judicial review of the fire marshal’s director’s
18 action, if the court affirms the agency action, the court
19shall tax all court costs of the review proceeding against the
20appellant. However, if the court reverses, revokes, or annuls
21the fire marshal’s director’s action, the court shall tax all
22court costs of the review proceeding against the agency. If
23the fire marshal’s director’s action is modified or the matter
24is remanded to the agency for further proceedings, the court
25shall apportion the court costs within the discretion of the
26court.
27 Sec. 1496. Section 100.18, subsections 2, 3, 4, 5, 6, and 7,
28Code 2023, are amended to read as follows:
292. a. Except as provided in subsection 4, multiple-unit
30residential buildings and single-family dwellings the
31construction of which is begun on or after July 1, 1991, shall
32include the installation of smoke detectors in compliance with
33the rules established by the state fire marshal director under
34subsection 5.
35b. The rules shall require the installation of smoke
-942-1detectors in existing single-family rental units and
2multiple-unit residential buildings. Existing single-family
3dwelling units shall be equipped with approved smoke detectors.
4A person who files for a homestead credit pursuant to chapter
5425 shall certify that the single-family dwelling unit for
6which the credit is filed has a smoke detector installed in
7compliance with this section, or that one will be installed
8within thirty days of the date the filing for the credit is
9made. The state fire marshal director shall adopt rules and
10establish appropriate procedures to administer this subsection.
11c. An owner or an owner’s agent of a multiple-unit
12residential building or single-family dwelling shall supply
13light-emitting smoke detectors, upon request, for a tenant who
14is deaf or hard of hearing.
153. a. Multiple-unit residential buildings and single-family
16dwellings, the construction of which is begun on or after
17July 1, 2018, and that have a fuel-fired heater or appliance,
18a fireplace, or an attached garage, shall include the
19installation of carbon monoxide alarms in compliance with the
20rules established by the state fire marshal director under
21subsection 5.
22b. The rules shall require the installation of carbon
23monoxide alarms in existing single-family rental units and
24multiple-unit residential buildings that have a fuel-fired
25heater or appliance, a fireplace, or an attached garage.
26Existing single-family dwellings that have a fuel-fired heater
27or appliance, a fireplace, or an attached garage shall be
28equipped with approved carbon monoxide alarms. For purposes
29of this paragraph, “approved carbon monoxide alarm” means a
30carbon monoxide alarm that meets the standards established by
31the underwriters’ laboratories or is approved by the state fire
32marshal director as established by rule under subsection 5. A
33person who files for a homestead credit pursuant to chapter 425
34shall certify that the single-family dwelling for which the
35credit is filed and that has a fuel-fired heater or appliance,
-943-1a fireplace, or an attached garage, has carbon monoxide alarms
2installed in compliance with this section, or that such alarms
3will be installed within thirty days of the date the filing
4for the credit is made. The state fire marshal director shall
5adopt rules and establish appropriate procedures to administer
6this subsection.
7c. An owner of a multiple-unit residential building or
8a single-family rental unit that has a fuel-fired heater or
9appliance, a fireplace, or an attached garage, or an owner’s
10agent, shall supply light-emitting carbon monoxide alarms, upon
11request, for a tenant who is deaf or hard of hearing.
12d. The owner of a building requiring the installation of
13carbon monoxide alarms under this subsection shall install
14a carbon monoxide alarm in a location as specified by rules
15established by the state fire marshal director under subsection
165, taking into account the number and location of all fuel
17sources in the building.
184. This section does not require the following:
19a. The installation of smoke detectors in multiple-unit
20residential buildings which, on July 1, 1981, are equipped
21with heat detection devices or a sprinkler system with alarms
22approved by the state fire marshal director.
23b. The installation of smoke detectors in hotels, motels,
24and dormitories equipped with an automatic smoke detection
25system approved by the state fire marshal director.
265. The state fire marshal director shall enforce the
27requirements of subsections 2 and 3 and may implement a program
28of inspections to monitor compliance with the provisions of
29those subsections. Upon inspection, the state fire marshal
30 director shall issue a written notice to the owner or manager
31of a multiple-unit residential building or single-family
32rental unit informing the owner or manager of compliance or
33noncompliance with this section. The state fire marshal
34 director may contract with any political subdivision without
35fee assessed to either the state fire marshal director or the
-944-1political subdivision, for the performance of the inspection
2and notification responsibilities. The inspections authorized
3under this section are limited to the placement, repair, and
4operability of smoke detectors and carbon monoxide alarms. Any
5broader inspection authority is not derived from this section.
6The state fire marshal director shall adopt rules under chapter
717A as necessary to enforce this section including rules
8concerning the placement of smoke detectors and carbon monoxide
9alarms and the use of acceptable smoke detectors and carbon
10monoxide alarms. The smoke detectors and carbon monoxide
11alarms shall display a label or other identification issued
12by an approved testing agency or another label specifically
13approved by the state fire marshal director.
146. The inspection of a building or notification of
15compliance or noncompliance under this section is not the basis
16for a legal cause of action against the political subdivision,
17state fire marshal director, the fire marshal’s director’s
18 subordinates, chiefs of local fire departments, building
19inspectors, or other fire, building, or safety officials due
20to a failure to discover a latent defect in the course of the
21inspection.
227. If a smoke detector or carbon monoxide alarm is found
23to be inoperable, the owner or manager of the multiple-unit
24residential building or single-family rental unit shall correct
25the situation within thirty days after written notification
26to the owner or manager by the tenant, guest, roomer, state
27fire marshal director, fire marshal’s director’s subordinates,
28chiefs of local fire departments, building inspectors, or other
29fire, building, or safety officials. If the owner or manager
30of a multiple-unit residential building or single-family rental
31unit fails to correct the situation within the thirty days
32the tenant, guest, or roomer may cause the smoke detector or
33carbon monoxide alarm to be repaired or purchase and install
34a smoke detector or carbon monoxide alarm required under this
35section and may deduct the repair cost or purchase price from
-945-1the next rental payment or payments made by the tenant, guest,
2or roomer. However, a lessor or owner may require a lessee,
3tenant, guest, or roomer who has a residency of longer than
4thirty days to provide the battery for a battery operated smoke
5detector or carbon monoxide alarm.
6 Sec. 1497. Section 100.19, subsection 2, paragraph a, Code
72023, is amended to read as follows:
8a. The state fire marshal director shall establish a
9consumer fireworks seller license. An application for a
10consumer fireworks seller license shall be made on a form
11provided by the state fire marshal director. The state fire
12marshal director shall adopt rules consistent with this section
13establishing minimum requirements for a retailer or community
14group to be issued a consumer fireworks seller license.
15 Sec. 1498. Section 100.19, subsection 3, paragraph a,
16unnumbered paragraph 1, Code 2023, is amended to read as
17follows:
18The state fire marshal director shall establish a fee
19schedule for consumer fireworks seller licenses as follows:
20 Sec. 1499. Section 100.19, subsection 4, unnumbered
21paragraph 1, Code 2023, is amended to read as follows:
22The state fire marshal director shall adopt rules to:
23 Sec. 1500. Section 100.19, subsections 6, 7, and 8, Code
242023, are amended to read as follows:
256. a. The state fire marshal director shall adopt rules to
26provide that a person’s consumer fireworks seller license may
27be revoked for the intentional violation of this section. The
28proceedings for revocation shall be held before the division of
29the state fire marshal department, which may revoke the license
30or licenses involved as provided in paragraph “b”.
31b. (1) If, upon the hearing of the order to show cause, the
32division of the state fire marshal department finds that the
33licensee intentionally violated this section, then the license
34or licenses under which the licensed retailer or community
35group sells first-class consumer fireworks or second-class
-946-1consumer fireworks, shall be revoked.
2(2) Judicial review of actions of the division of the state
3fire marshal department may be sought in accordance with the
4terms of the Iowa administrative procedure Act, chapter 17A.
5 If the licensee has not filed a petition for judicial review
6in district court, revocation shall date from the thirty-first
7day following the date of the order of the division of the
8state fire marshal department. If the licensee has filed a
9petition for judicial review, revocation shall date from the
10thirty-first day following entry of the order of the district
11court, if action by the district court is adverse to the
12licensee.
13(3) A new license shall not be issued to a person whose
14license has been revoked, or to the business in control of the
15premises on which the violation occurred if it is established
16that the owner of the business had actual knowledge of the
17violation resulting in the license revocation, for the period
18of one year following the date of revocation.
197. a. A consumer fireworks fee fund is created in the
20state treasury under the control of the state fire marshal
21 director. Notwithstanding section 12C.7, interest or earnings
22on moneys in the consumer fireworks fee fund shall be credited
23to the consumer fireworks fee fund. Moneys in the fund are
24appropriated to the state fire marshal director to be used to
25fulfill the responsibilities of the state fire marshal director
26 for the administration and enforcement of this section and
27section 100.19A and to provide grants pursuant to paragraph “b”.
28The fund shall include the fees collected by the state fire
29marshal director under the fee schedule established pursuant to
30subsection 3 and the fees collected by the state fire marshal
31 director under section 100.19A for wholesaler registration.
32b. The state fire marshal director shall establish a local
33fire protection and emergency medical service providers grant
34program to provide grants in the following order of priority:
35(1) Local fire protection service providers and local
-947-1emergency medical service providers to establish or provide
2fireworks safety education programming to members of the
3public, and for the purchase of necessary enforcement,
4protection, or emergency response equipment related to the sale
5and use of consumer fireworks in this state.
6(2) Local volunteer fire protection service providers for
7the purchase of necessary enforcement, protection, or emergency
8response equipment.
98. The state fire marshal director shall adopt rules for the
10administration of this section.
11 Sec. 1501. Section 100.19A, subsections 2 and 3, Code 2023,
12are amended to read as follows:
132. The state fire marshal director shall adopt rules to
14require all wholesalers to annually register with the state
15fire marshal director. The state fire marshal director
16 may also adopt rules to regulate the storage or transfer of
17consumer fireworks by wholesalers and to require wholesalers
18to maintain insurance.
193. The state fire marshal director shall establish an
20annual registration fee of one thousand dollars for wholesalers
21of consumer fireworks within the state. Registration fees
22collected pursuant to this section shall be deposited in the
23consumer fireworks fee fund created in section 100.19.
24 Sec. 1502. Section 100.31, Code 2023, is amended to read as
25follows:
26100.31 Fire and tornado drills in schools — warning systems
27— inspections.
281. It shall be the duty of the state fire marshal director
29 and the fire marshal’s director’s designated subordinates to
30require all private and public school officials and teachers to
31conduct not less than four fire drills and not less than four
32tornado drills in all school buildings during each school year
33when school is in session; and to require the officials and
34teachers of all schools to keep all doors and exits of their
35respective rooms and buildings unlocked when occupied during
-948-1school hours or when such areas are being used by the public at
2other times. Not less than two drills of each type shall be
3conducted between July 1 and December 31 of each year and not
4less than two drills of each type shall be conducted between
5January 1 and June 30 of each year.
62. Every school building with two or more classrooms
7shall have a warning system for fires of a type approved by
8the underwriters’ laboratories and by the state fire marshal
9 director. The warning system shall be used only for fire
10drills or as a warning for emergency. Schools may modify
11the fire warning system for use as a tornado warning system
12or shall install a separate tornado warning system. Every
13school building shall also be equipped with portable fire
14extinguishers, with the type, size and number in accordance
15with national fire protection association standards and
16approved by the state fire marshal director.
173. The state fire marshal director or the fire marshal’s
18 director’s deputies shall cause each public or private school,
19college, or university to be inspected at least once every two
20years to determine whether each school meets the fire safety
21standards of this Code and is free from other fire hazards.
22Provided, however, that cities which employ fire department
23inspectors shall cause such inspections to be made.
24 Sec. 1503. Section 100.35, Code 2023, is amended to read as
25follows:
26100.35 Rules of marshal director — penalties.
271. The fire marshal director shall adopt, and may amend
28rules under chapter 17A, which include standards relating
29to exits and exit lights, fire escapes, fire protection,
30fire safety and the elimination of fire hazards, in and for
31churches, schools, hotels, theaters, amphitheaters, hospitals,
32health care facilities as defined in section 135C.1, boarding
33homes or housing, rest homes, dormitories, college buildings,
34lodge halls, club rooms, public meeting places, places of
35amusement, apartment buildings, food establishments as defined
-949-1in section 137F.1, and all other buildings or structures in
2which persons congregate from time to time, whether publicly
3or privately owned. Violation of a rule adopted by the fire
4marshal director is a simple misdemeanor. However, upon
5proof that the fire marshal director gave written notice to
6the defendant of the violation, and proof that the violation
7constituted a clear and present danger to life, and proof that
8the defendant failed to eliminate the condition giving rise
9to the violation within thirty days after receipt of notice
10from the fire marshal director, the penalty is that provided
11by law for a serious misdemeanor. Each day of the continuing
12violation of a rule after conviction of a violation of the rule
13is a separate offense. A conviction is subject to appeal as in
14other criminal cases.
152. Rules by the fire marshal director affecting the
16construction of new buildings, additions to buildings or
17rehabilitation of existing buildings and related to fire
18protection, shall be substantially in accord with the
19provisions of the nationally recognized building and related
20codes adopted as the state building code pursuant to section
21103A.7 or with codes adopted by a local subdivision which are
22in substantial accord with the codes comprising the state
23building code.
243. The rules adopted by the state fire marshal director
25 under this section shall provide standards for fire resistance
26of cellulose insulation sold or used in this state, whether for
27public or private use. The rules shall provide for approval of
28the cellulose insulation by at least one nationally recognized
29independent testing laboratory.
30 Sec. 1504. Section 100.38, Code 2023, is amended to read as
31follows:
32100.38 Conflicting statutes.
33Provisions of this chapter part in conflict with the state
34building code, as adopted pursuant to section 103A.7, shall not
35apply where the state building code has been adopted or when
-950-1the state building code applies throughout the state.
2 Sec. 1505. Section 100.39, subsections 1, 2, and 3, Code
32023, are amended to read as follows:
41. All buildings approved for construction after July 1,
51998, that exceed four stories in height, or seventy-five feet
6above grade, shall require the installation of an approved
7automatic fire extinguishing system designed and installed in
8conformity with rules promulgated by the state fire marshal
9 director pursuant to this chapter part.
102. The requirements of this section shall not apply to the
11following:
12a. Any noncombustible elevator storage structure or any
13noncombustible plant building with noncombustible contents.
14b. Any combustible elevator storage structure that is
15equipped with an approved drypipe, nonautomatic sprinkler and
16automatic alarm system.
17c. Buildings in existence or under construction on August
1815, 1975. However, if subsequent to that date any building is
19enlarged or altered beyond the height limitations applicable to
20new buildings, such building in its entirety shall be subject
21to all the provisions of this section.
22d. Any open parking garage structure which is in compliance
23with rules adopted by the state fire marshal director.
243. Plans and installation of systems shall be approved by
25the state fire marshal director, a designee of the state fire
26marshal director, or local authorities having jurisdiction.
27Except where local fire protection regulations are more
28stringent, the provisions of this section shall be applicable
29to all buildings, whether privately or publicly owned. The
30definition of terms shall be in conformity, insofar as
31possible, with definitions found in the state building code
32adopted pursuant to section 103A.7.
33 Sec. 1506. Section 100.41, Code 2023, is amended to read as
34follows:
35100.41 Authority to cite violations.
-951- 1Fire officials acting under the authority of this chapter
2 part may issue citations in accordance with chapter 805, for
3violations of this chapter part or a violation of a local fire
4safety code.
5 Sec. 1507. Section 100C.1, Code 2023, is amended by adding
6the following new subsections:
7 NEW SUBSECTION. 8A. “Department” means the department of
8inspections, appeals, and licensing.
9 NEW SUBSECTION. 8B. “Director” means the director of
10the department of inspections, appeals, and licensing or the
11director’s designee.
12 Sec. 1508. Section 100C.1, subsection 14, Code 2023, is
13amended to read as follows:
1414. “Responsible managing employee” means one of the
15following:
16a. An owner, partner, officer, or manager employed full-time
17by a fire extinguishing system contractor who is certified
18by the national institute for certification in engineering
19technologies at a level three in fire protection technology,
20automatic sprinkler system layout, or another certification in
21automatic sprinkler system layout recognized by rules adopted
22by the fire marshal director pursuant to section 100C.7 or who
23meets any other criteria established by rule.
24b. An owner, partner, officer, or manager employed full-time
25by an alarm system contractor who is certified by the national
26institute for certification in engineering technologies in fire
27alarm systems or security systems at a level established by the
28fire marshal director by rule or who meets any other criteria
29established by rule under this chapter. The rules may provide
30for separate endorsements for fire alarm systems, security
31alarm systems, and nurse call systems and may require separate
32qualifications for each.
33 Sec. 1509. Section 100C.2, subsection 4, paragraph b, Code
342023, is amended to read as follows:
35b. An employee or subcontractor of a certified alarm system
-952-1contractor who is an alarm system installer, and who is not
2licensed pursuant to chapter 103 shall obtain and maintain
3certification as an alarm system installer and shall meet and
4maintain qualifications established by the state fire marshal
5 director by rule.
6 Sec. 1510. Section 100C.3, subsections 1, 3, and 5, Code
72023, are amended to read as follows:
81. A fire extinguishing system contractor, an alarm system
9contractor, or an alarm system installer shall apply for a
10certificate on a form prescribed by the state fire marshal
11 director. The application shall be accompanied by a fee in an
12amount prescribed by rule pursuant to section 100C.7 and shall
13include all of the following information, as applicable:
14a. The name, address, and telephone number of the contractor
15or installer and, in the case of an installer, the name and
16certification number of the contractor by whom the installer is
17employed, including all legal and fictitious names.
18b. Proof of insurance coverage required by section 100C.4.
19c. The name and qualifications of the person designated as
20the contractor’s responsible managing employee and of persons
21designated as alternate responsible managing employees.
22d. Any other information deemed necessary by the state fire
23marshal director.
243. Upon receipt of a completed application and prescribed
25fees, if the contractor or installer meets all requirements
26established by this chapter, the state fire marshal director
27 shall issue a certificate to the contractor or installer within
28thirty days.
295. Any change in the information provided in the application
30shall be promptly reported to the state fire marshal director.
31When the employment of a responsible managing employee is
32terminated, the contractor shall notify the state fire marshal
33 director within thirty days after termination.
34 Sec. 1511. Section 100C.4, Code 2023, is amended to read as
35follows:
-953- 1100C.4 Insurance.
21. A fire extinguishing system contractor shall maintain
3general and complete operations liability insurance for
4the layout, installation, repair, alteration, addition,
5maintenance, and inspection of automatic fire extinguishing
6systems in an amount determined by the state fire marshal
7 director by rule.
82. An alarm system contractor shall maintain general
9and complete operations liability insurance for the layout,
10installation, repair, alteration, addition, maintenance, and
11inspection of alarm systems in an amount determined by the
12state fire marshal director by rule.
13 Sec. 1512. Section 100C.5, Code 2023, is amended to read as
14follows:
15100C.5 Suspension and revocation.
161. The state fire marshal director shall suspend or revoke
17the certificate of any contractor or installer who fails to
18maintain compliance with the conditions necessary to obtain a
19certificate. A certificate may also be suspended or revoked
20if any of the following occur:
21a. The employment or relationship of a responsible managing
22employee with a contractor is terminated, unless the contractor
23has included a qualified alternate on the application or an
24application designating a new responsible managing employee is
25filed with the state fire marshal director within six months
26after the termination.
27b. The contractor or installer fails to comply with any
28provision of this chapter.
29c. The contractor or installer fails to comply with any
30other applicable codes and ordinances.
312. If a certificate is suspended pursuant to this section,
32the certificate shall not be reinstated until the condition or
33conditions which led to the suspension have been corrected.
343. The state fire marshal director shall adopt rules
35pursuant to section 100C.7 for the acceptance and processing
-954-1of complaints against certificate holders, for procedures to
2suspend and revoke certificates, and for appeals of decisions
3to suspend or revoke certificates.
4 Sec. 1513. Section 100C.7, Code 2023, is amended to read as
5follows:
6100C.7 Administration — rules.
7The state fire marshal director shall administer this
8chapter and, after consultation with the fire extinguishing
9system contractors and alarm systems advisory board, shall
10adopt rules pursuant to chapter 17A necessary for the
11administration and enforcement of this chapter.
12 Sec. 1514. Section 100C.8, subsection 2, Code 2023, is
13amended to read as follows:
142. The state fire marshal director may impose a civil
15penalty of up to five hundred dollars on any person who
16violates any provision of this chapter for each day a violation
17continues. The state fire marshal director may adopt rules
18necessary to enforce and collect any penalties imposed pursuant
19to this chapter.
20 Sec. 1515. Section 100C.9, Code 2023, is amended to read as
21follows:
22100C.9 Deposit and use of moneys collected.
231. All fees assessed pursuant to this chapter shall be
24retained as repayment receipts by the division of state fire
25marshal in the department of public safety and such fees
26received shall be used exclusively to offset the costs of
27administering this chapter.
282. Notwithstanding section 8.33, fees collected by
29the division of state fire marshal department that remain
30unencumbered or unobligated at the close of the fiscal year
31shall not revert but shall remain available for expenditure for
32the purposes designated in succeeding fiscal years.
33 Sec. 1516. Section 100C.10, subsection 1, Code 2023, is
34amended to read as follows:
351. A fire extinguishing system contractors and alarm
-955-1systems advisory board is established in the division of state
2fire marshal of the department of public safety and shall
3advise the division department on matters pertaining to the
4application and certification of contractors and installers
5pursuant to this chapter.
6 Sec. 1517. Section 100C.10, subsection 2, unnumbered
7paragraph 1, Code 2023, is amended to read as follows:
8The board shall consist of eleven voting members appointed
9by the commissioner of public safety director as follows:
10 Sec. 1518. Section 100C.10, subsections 3 and 4, Code 2023,
11are amended to read as follows:
123. The state fire marshal, or the state fire marshal’s
13designee, the director, and the chairperson of the electrical
14examining board created in section 103.2 shall be nonvoting ex
15officio members of the board.
164. The commissioner shall initially appoint two members
17for two-year terms, two members for four-year terms, and three
18members for six-year terms. Following the expiration of the
19terms of initially appointed members, each Each term thereafter
20 shall be for a period of six years. No member shall serve
21more than two consecutive terms. If a position on the board
22becomes vacant prior to the expiration of a member’s term, the
23member appointed to the vacancy shall serve the balance of the
24unexpired term.
25 Sec. 1519. Section 100D.1, subsections 2 and 10, Code 2023,
26are amended to read as follows:
272. “Department” means the department of public safety
28 inspections, appeals, and licensing.
2910. “Responsible managing employee” means an owner, partner,
30officer, or manager employed full-time by a fire extinguishing
31system contractor who is certified by the national institute
32for certification in engineering technologies at a level three
33in fire protection technology, automatic sprinkler system
34layout, or another certification in automatic sprinkler system
35layout recognized by rules adopted by the fire marshal director
-956-1 pursuant to section 100C.7 or who meets any other criteria
2established by rule.
3 Sec. 1520. Section 100D.1, subsection 3, Code 2023, is
4amended by striking the subsection and inserting in lieu
5thereof the following:
63. “Director” means the director of the department of
7inspections, appeals, and licensing or the director’s designee.
8 Sec. 1521. Section 100D.2, subsection 4, Code 2023, is
9amended to read as follows:
104. Licenses shall be issued for a two-year period, and may
11be renewed as established by the state fire marshal director
12 by rule.
13 Sec. 1522. Section 100D.3, Code 2023, is amended to read as
14follows:
15100D.3 Fire protection system installer and maintenance
16worker license.
171. The state fire marshal director shall issue a fire
18protection system installer and maintenance worker license to
19an applicant who meets all of the following requirements:
20a. Has completed a fire protection apprenticeship program
21approved by the United States department of labor, or has
22completed two years of full-time employment or the equivalent
23thereof as a trainee.
24b. Is employed by a fire extinguishing system contractor.
25However, an applicant whose work on extinguishing systems will
26be restricted to systems on property owned or controlled by the
27applicant’s employer may obtain a license if the employer is
28not a certified contractor.
29c. Has received a passing score on the national inspection,
30testing, and certification star fire sprinkler mastery
31exam or on an equivalent exam from a nationally recognized
32third-party testing agency that is approved by the state fire
33marshal director, or is certified at level one by the national
34institute for certification in engineering technologies and as
35specified by rule by the state fire marshal director, or is
-957-1certified by another entity approved by the fire marshal.
22. The state fire marshal director shall issue a fire
3protection system installer and maintenance worker license
4with endorsements restricted to preengineered fire protection
5systems to an applicant who does not meet the requirements of
6subsection 1 but does meet the following requirements:
7a. To be endorsed as a preengineered kitchen fire
8extinguishing system installer, has successfully completed
9training and an examination verified by a preengineered system
10manufacturer, an agent of a preengineered system manufacturer,
11or an organization that is approved by the state fire marshal
12 director.
13b. To be endorsed as a preengineered kitchen fire
14extinguishing system maintenance worker, has successfully
15completed training by the worker’s employer or the system’s
16manufacturer and has passed a written or online examination for
17preengineered kitchen fire extinguishing system maintenance
18that is approved by the state fire marshal director.
19c. To be endorsed as a preengineered industrial fire
20extinguishing system installer, possesses a training and
21examination certification from a preengineered system
22manufacturer, an agent of a preengineered system manufacturer,
23or an organization that is approved by the state fire marshal
24 director.
25d. To be endorsed as a preengineered industrial fire
26extinguishing system maintenance worker, has been trained
27by the worker’s employer and has passed a written or online
28examination for preengineered industrial fire extinguishing
29system maintenance that is approved by the state fire marshal
30 director.
313. The holder of a fire protection system installer and
32maintenance worker license shall be responsible for license
33fees, renewal fees, and continuing education hours.
344. The license of a fire protection system installer
35and maintenance worker licensee who ceases to be employed
-958-1by a fire extinguishing system contractor shall continue to
2be valid until it would otherwise expire, but the licensee
3shall not perform work requiring licensure under this chapter
4until the licensee is again employed by a fire extinguishing
5system contractor. If the licensee becomes employed by a fire
6extinguishing system contractor other than the contractor which
7employed the licensee at the time the license was issued, the
8licensee shall notify the fire marshal director and shall apply
9for an amendment to the license. The fire marshal director
10 may establish by rule a fee for amending a license. This
11subsection shall not extend the time period during which a
12license is valid. This subsection does not apply to a licensee
13whose work on extinguishing systems is restricted to systems on
14property owned or controlled by the licensee’s employer.
155. The fire marshal director, by rule, may restrict
16the scope of work authorized by a license with appropriate
17endorsements.
18 Sec. 1523. Section 100D.4, subsections 1 and 3, Code 2023,
19are amended to read as follows:
201. An applicant for a fire protection system installer and
21maintenance worker license or renewal of an active license
22shall provide evidence of a public liability insurance policy
23and surety bond in an amount determined sufficient by the fire
24marshal director by rule.
253. The insurance and surety bond shall be written by an
26entity licensed to do business in this state and each licensee
27shall maintain on file with the department a certificate
28evidencing the insurance providing that the insurance or surety
29bond shall not be canceled without the entity first giving
30fifteen days written notice to the fire marshal director.
31 Sec. 1524. Section 100D.5, unnumbered paragraph 1, Code
322023, is amended to read as follows:
33The state fire marshal director shall do all of the
34following:
35 Sec. 1525. Section 100D.6, Code 2023, is amended to read as
-959-1follows:
2100D.6 Penalties.
3The state fire marshal director may impose a civil penalty
4of up to five hundred dollars on any person who violates any
5provision of this chapter for each day a violation continues.
6The state fire marshal director may adopt rules necessary to
7enforce and collect any penalties imposed pursuant to this
8chapter.
9 Sec. 1526. Section 100D.7, Code 2023, is amended to read as
10follows:
11100D.7 Deposit and use of moneys collected.
121. The state fire marshal director shall set the license
13fees and renewal fees for all licenses issued pursuant to this
14chapter, by rule, based upon the actual costs of licensing.
152. All fees assessed pursuant to this chapter shall be
16retained as repayment receipts by the division of state fire
17marshal in the department of public safety and such fees
18received shall be used exclusively to offset the costs of
19administering this chapter.
203. Notwithstanding section 8.33, fees collected by
21the division of state fire marshal department that remain
22unencumbered or unobligated at the close of the fiscal year
23shall not revert but shall remain available for expenditure
24for the purposes designated until the close of the succeeding
25fiscal year.
26 Sec. 1527. Section 100D.10, Code 2023, is amended to read
27as follows:
28100D.10 Reciprocal licenses.
29To the extent that another state provides for the licensing
30of fire protection system installers and maintenance workers
31or similar action, the state fire marshal director may issue
32a fire protection system installer and maintenance worker
33license, without examination, to a nonresident fire protection
34system installer and maintenance worker who has been licensed
35by such other state for at least three years provided such
-960-1other state grants the same reciprocal licensing privileges to
2residents of Iowa who have obtained a fire protection system
3installer and maintenance worker license upon payment by
4the applicant of the required fee and upon furnishing proof
5that the qualifications of the applicant are equal to the
6qualifications of holders of similar licenses in this state.
7 Sec. 1528. Section 100D.13, subsections 1 and 2, Code 2023,
8are amended to read as follows:
91. The state fire marshal director may issue a temporary
10fire protection system installer and maintenance worker license
11to a person, providing that all of the following conditions are
12met:
13a. The person is currently licensed or certified to perform
14work as a fire protection system installer and maintenance
15worker in another state.
16b. The person meets any additional criteria for a temporary
17license established by the state fire marshal director by rule.
18c. The person provides all information required by the state
19fire marshal director.
20d. The person has paid the fee for a temporary license,
21which fee shall be established by the state fire marshal
22 director by rule.
23e. The person intends to perform work as a fire protection
24system installer and maintenance worker only in areas of this
25state which are covered by a disaster emergency declaration
26issued by the governor pursuant to section 29C.6.
272. A temporary license issued pursuant to this section shall
28be valid for ninety days. The state fire marshal director may
29establish criteria and procedures for the extension of such
30licenses for additional periods, which in no event shall exceed
31ninety days.
32 Sec. 1529. Section 101.1, subsection 1, Code 2023, is
33amended to read as follows:
341. The state fire marshal director is hereby empowered and
35directed to formulate and adopt and from time to time amend or
-961-1revise and to promulgate, in conformity with and subject to the
2conditions set forth in this chapter, reasonable rules for the
3safe transportation, storage, handling, and use of combustible
4liquids, flammable liquids, liquefied petroleum gases, and
5liquefied natural gases.
6 Sec. 1530. Section 101.1, subsection 2, Code 2023, is
7amended by adding the following new paragraph:
8 NEW PARAGRAPH. 0b. “Director” means the director of the
9department of inspections, appeals, and licensing or the
10director’s designee.
11 Sec. 1531. Section 101.5A, Code 2023, is amended to read as
12follows:
13101.5A Shared public petroleum storage facilities.
14The state fire marshal director shall permit by rule the
15shared ownership, operation, or cooperative use of a publicly
16owned petroleum storage or dispensing facility by more than one
17public agency or political subdivision in order to maximize the
18opportunity for cooperation, to avoid unnecessary duplication
19of facilities posing both an environmental and fire hazard,
20and to minimize the cost of providing public services. Shared
21or cooperative use is not a violation of chapter 23A, even
22if one public agency or political subdivision compensates
23another public agency or political subdivision for the use or
24for petroleum dispensed. A publicly owned petroleum storage
25facility subject to this section may use aboveground or
26underground storage tanks, or a combination of both.
27 Sec. 1532. Section 101.8, Code 2023, is amended to read as
28follows:
29101.8 Assistance by local officials.
30The chief fire prevention officer of every city or village
31having an established fire prevention department, the chief of
32the fire department of every other city or village in which
33a fire department is established, the mayor of every city in
34which no fire department exists, the township clerk of every
35township outside the limits of any city or village and all
-962-1other local officials upon whom fire prevention duties are
2imposed by law shall assist the state fire marshal director in
3the enforcement of the rules.
4 Sec. 1533. Section 101.9, Code 2023, is amended to read as
5follows:
6101.9 Repairs ordered by fire marshal director.
7If the state fire marshal director has reasonable grounds
8for believing after conducting tests that a leak exists in
9a flammable or combustible liquid storage tank or in the
10distribution system of a flammable or combustible liquid
11storage tank the state fire marshal director shall issue a
12written order to the owner or lessee of the storage tank or
13distribution system requiring the storage tank and distribution
14system be emptied and removed or repaired immediately upon
15receipt of the written order.
16 Sec. 1534. Section 101.10, Code 2023, is amended to read as
17follows:
18101.10 Assistance of department of natural resources.
19If the state fire marshal director has reasonable grounds
20for believing that a leak constitutes a hazardous condition
21which threatens the public health and safety, the fire marshal
22 director may request the assistance of the department of
23natural resources, and upon such request the department of
24natural resources is empowered to eliminate the hazardous
25condition as provided in chapter 455B, subchapter IV, part
264, the provisions of section 455B.390, subsection 3, to the
27contrary notwithstanding.
28 Sec. 1535. Section 101.12, subsections 1 and 2, Code 2023,
29are amended to read as follows:
301. An aboveground flammable or combustible liquid storage
31tank may be installed at a retail motor vehicle fuel outlet,
32subject to rules adopted by the state fire marshal director.
332. Rules adopted by the state fire marshal director
34 pursuant to this section shall be in substantial compliance
35with the applicable standards of the national fire protection
-963-1association.
2 Sec. 1536. Section 101.21, subsection 6, Code 2023, is
3amended by striking the subsection.
4 Sec. 1537. Section 101.22, subsections 1, 2, 3, 4, and 7,
5Code 2023, are amended to read as follows:
61. Except as provided in subsection 2, the owner or operator
7of an aboveground flammable or combustible liquid storage tank
8existing on July 1, 2010, shall notify the state fire marshal
9 director in writing by October 1, 2010, of the existence of
10each tank and specify the age, size, type, location, and uses
11of the tank.
122. The owner of an aboveground flammable or combustible
13liquid storage tank taken out of operation on or before July 1,
142010, shall notify the state fire marshal director in writing
15by October 1, 2010, of the existence of the tank unless the
16owner knows the tank has been removed from the site. The
17notice shall specify, to the extent known to the owner, the
18date the tank was taken out of operation, the age of the
19tank on the date taken out of operation, the size, type, and
20location of the tank, and the type and quantity of substances
21left stored in the tank on the date that it was taken out of
22operation.
233. An owner or operator who brings into use an aboveground
24flammable or combustible liquid storage tank after July 1,
252010, shall notify the state fire marshal director in writing
26within thirty days of the existence of the tank and specify the
27age, size, type, location, and uses of the tank.
284. The registration notice of the owner or operator to the
29state fire marshal director under subsections 1 through 3 shall
30be accompanied by an annual fee of twenty dollars for each tank
31included in the notice. All moneys collected shall be retained
32by the department of public safety inspections, appeals, and
33licensing and are appropriated for the use of the state fire
34marshal director. The annual renewal fee applies to all owners
35or operators who file a registration notice with the state fire
-964-1marshal pursuant to subsections 1 through 3.
27. a. The state fire marshal director shall furnish the
3owner or operator of an aboveground flammable or combustible
4liquid storage tank with a registration tag for each
5aboveground flammable or combustible liquid storage tank
6registered with the state fire marshal director.
7b. The owner or operator shall affix the tag to the fill
8pipe of each registered aboveground flammable or combustible
9liquid storage tank.
10 Sec. 1538. Section 101.23, Code 2023, is amended to read as
11follows:
12101.23 State fire marshal Director reporting rules.
13The state fire marshal director shall adopt rules pursuant
14to chapter 17A relating to reporting requirements necessary to
15enable the state fire marshal director to maintain an accurate
16inventory of aboveground flammable or combustible liquid
17storage tanks.
18 Sec. 1539. Section 101.24, Code 2023, is amended to read as
19follows:
20101.24 Duties and powers of the state fire marshal director.
21The state fire marshal director shall:
221. Inspect and investigate the facilities and records of
23owners and operators of aboveground flammable or combustible
24liquid storage tanks with a capacity of fifteen thousand or
25more gallons, as necessary to determine compliance with this
26subchapter and the rules adopted pursuant to this subchapter.
27An inspection or investigation shall be conducted subject to
28subsection 4. For purposes of developing a rule, maintaining
29an accurate inventory, or enforcing this subchapter, the
30department of inspections, appeals, and licensing may:
31a. Enter at reasonable times an establishment or other place
32where an aboveground storage tank is located.
33b. Inspect and obtain samples from any person of flammable
34or combustible liquid or another regulated substance and
35conduct monitoring or testing of the tanks, associated
-965-1equipment, contents, or surrounding soils, air, surface water,
2and groundwater. Each inspection shall be commenced and
3completed with reasonable promptness.
4(1) If the state fire marshal director obtains a sample,
5prior to leaving the premises, the fire marshal director
6 shall give the owner, operator, or agent in charge a receipt
7describing the sample obtained and if requested a portion of
8each sample equal in volume or weight to the portion retained.
9If the sample is analyzed, a copy of the results of the
10analysis shall be furnished promptly to the owner, operator,
11or agent in charge.
12(2) Documents or information obtained from a person under
13this subsection shall be available to the public except as
14provided in this subparagraph. Upon a showing satisfactory
15to the state fire marshal director by a person that public
16disclosure of documents or information, or a particular
17part of the documents or information to which the state fire
18marshal director has access under this subsection would divulge
19commercial or financial information entitled to protection as a
20trade secret, the state fire marshal director shall consider
21the documents or information or the particular portion of the
22documents or information confidential. However, the documents
23or information may be disclosed to officers, employees, or
24authorized representatives of the United States charged with
25implementing the federal Solid Waste Disposal Act, to employees
26of the state of Iowa or of other states when the document or
27information is relevant to the discharge of their official
28duties, and when relevant in a proceeding under the federal
29Solid Waste Disposal Act or this subchapter.
302. Maintain an accurate inventory of aboveground flammable
31or combustible liquid storage tanks.
323. Take any action allowed by law which, in the state fire
33marshal’s director’s judgment, is necessary to enforce or
34secure compliance with this subchapter or any rule adopted
35pursuant to this subchapter.
-966- 14. Conduct investigations of complaints received directly,
2referred by other agencies, or other investigations deemed
3necessary. While conducting an investigation, the state fire
4marshal director may enter at any reasonable time in and upon
5any private or public property to investigate any actual or
6possible violation of this subchapter or the rules or standards
7adopted under this subchapter. However, the owner or person in
8charge shall be notified.
9a. If the owner or operator of any property refuses
10admittance, or if prior to such refusal the state fire marshal
11 director demonstrates the necessity for a warrant, the state
12fire marshal may make application under oath or affirmation
13to the district court of the county in which the property is
14located for the issuance of a search warrant.
15b. In the application the state fire marshal director shall
16state that an inspection of the premises is mandated by the
17laws of this state or that a search of certain premises, areas,
18or things designated in the application may result in evidence
19tending to reveal the existence of violations of public health,
20safety, or welfare requirements imposed by statutes, rules, or
21ordinances established by the state or a political subdivision
22of the state. The application shall describe the area,
23premises, or thing to be searched, give the date of the last
24inspection if known, give the date and time of the proposed
25inspection, declare the need for such inspection, recite that
26notice of the desire to make an inspection has been given to
27affected persons and that admission was refused if that be the
28fact, and state that the inspection has no purpose other than
29to carry out the purpose of the statute, rule, or ordinance
30pursuant to which inspection is to be made. If an item of
31property is sought by the state fire marshal director, it shall
32be identified in the application.
33c. If the court is satisfied from the examination of
34the applicant, and of other witnesses, if any, and of the
35allegations of the application of the existence of the grounds
-967-1of the application, or that there is probable cause to believe
2in their existence, the court may issue a search warrant.
3d. In making inspections and searches pursuant to the
4authority of this subchapter, the state fire marshal director
5 must execute the warrant as follows:
6(1) Within ten days after its date.
7(2) In a reasonable manner, and any property seized shall
8be treated in accordance with the provisions of chapters 808
9and 809.
10(3) Subject to any restrictions imposed by the statute, rule
11or ordinance pursuant to which inspection is made.
12 Sec. 1540. Section 101.25, Code 2023, is amended to read as
13follows:
14101.25 Violations — orders.
151. If substantial evidence exists that a person has
16violated or is violating a provision of this subchapter or
17a rule adopted under this subchapter the state fire marshal
18 director may issue an order directing the person to desist
19in the practice which constitutes the violation, and to take
20corrective action as necessary to ensure that the violation
21will cease, and may impose appropriate administrative penalties
22pursuant to section 101.26. The person to whom the order is
23issued may appeal the order as provided in chapter 17A. On
24appeal, the administrative law judge may affirm, modify, or
25vacate the order of the state fire marshal director.
262. However, if it is determined by the state fire marshal
27 director that an emergency exists respecting any matter
28affecting or likely to affect the public health, the fire
29marshal director may issue any order necessary to terminate
30the emergency without notice and without hearing. The order
31is binding and effective immediately and until the order is
32modified or vacated at an administrative hearing or by a
33district court.
343. The state fire marshal director may request the attorney
35general to institute legal proceedings pursuant to section
-968-1101.26.
2 Sec. 1541. Section 101.26, Code 2023, is amended to read as
3follows:
4101.26 Penalties — burden of proof.
51. A person who violates this subchapter or a rule adopted
6or order issued pursuant to this subchapter is subject to a
7civil penalty not to exceed one hundred dollars for each day
8during which the violation continues, up to a maximum of one
9thousand dollars; however, if the tank is registered within
10thirty days after the state fire marshal director issues a
11cease and desist order pursuant to section 101.25, subsection
121, the civil penalty under this section shall not accrue. The
13civil penalty is an alternative to a criminal penalty provided
14under this subchapter.
152. A person who knowingly fails to notify or makes a false
16statement, representation, or certification in a record,
17report, or other document filed or required to be maintained
18under this subchapter, or violates an order issued under this
19subchapter, is guilty of an aggravated misdemeanor.
203. The attorney general, at the request of the state fire
21marshal director, shall institute any legal proceedings,
22including an action for an injunction, necessary to enforce the
23penalty provisions of this subchapter or to obtain compliance
24with the provisions of this subchapter or rules adopted or
25order pursuant to this subchapter. In any action, previous
26findings of fact of the state fire marshal director after
27notice and hearing are conclusive if supported by substantial
28evidence in the record when the record is viewed as a whole.
294. In all proceedings with respect to an alleged violation
30of this subchapter or a rule adopted or order issued by the
31state fire marshal director pursuant to this subchapter, the
32burden of proof is upon the state fire marshal director.
335. If the attorney general has instituted legal proceedings
34in accordance with this section, all related issues which could
35otherwise be raised by the alleged violator in a proceeding for
-969-1judicial review under section 101.27 shall be raised in the
2legal proceedings instituted in accordance with this section.
3 Sec. 1542. Section 101.27, Code 2023, is amended to read as
4follows:
5101.27 Judicial review.
6Except as provided in section 101.26, subsection 5,
7judicial review of an order or other action of the state fire
8marshal director may be sought in accordance with chapter 17A.
9Notwithstanding chapter 17A, the Iowa administrative procedure
10Act, petitions for judicial review may be filed in the district
11court of the county in which the alleged offense was committed
12or the final order was entered.
13 Sec. 1543. Section 101A.1, subsections 2, 6, and 7, Code
142023, are amended to read as follows:
152. “Commercial license” or “license” means a license issued
16by the state fire marshal director pursuant to this chapter.
176. “Licensee” means a person holding a commercial license
18issued by the state fire marshal director pursuant to this
19chapter.
207. “Magazine” means any building or structure, other than an
21explosives manufacturing building, approved by the state fire
22marshal director or the fire marshal’s director’s designated
23agent for the storage of explosive materials.
24 Sec. 1544. Section 101A.1, Code 2023, is amended by adding
25the following new subsection:
26 NEW SUBSECTION. 2A. “Director” means the director of
27the department of inspections, appeals, and licensing or the
28director’s designee.
29 Sec. 1545. Section 101A.2, subsections 1 and 2, Code 2023,
30are amended to read as follows:
311. The state fire marshal director shall issue commercial
32licenses for the manufacture, importation, distribution, sale,
33and commercial use of explosives to persons who, in the state
34fire marshal’s director’s discretion are of good character
35and sound judgment, and have sufficient knowledge of the
-970-1use, handling, and storage of explosive materials to protect
2the public safety. Licenses shall be issued for a period of
3three years, but may be issued for shorter periods, and may be
4revoked or suspended by the state fire marshal director for any
5of the following reasons:
6a. Falsification of information submitted in the application
7for a license.
8b. Proof that the licensee has violated any provisions of
9this chapter or any rules prescribed by the state fire marshal
10 director pursuant to the provisions of this chapter.
11c. The results of a national criminal history check
12conducted pursuant to subsection 3.
132. Licenses shall be issued by the state fire marshal
14 director upon payment of a fee of sixty dollars, valid for a
15period of three calendar years, commencing on January 1 of the
16first year and terminating on December 31 of the third year.
17However, an initial license may be issued during a calendar
18year for the number of months remaining in such calendar year
19and the following two years, computed to the first day of the
20month when the application for the license is approved. The
21license fee shall be charged on a pro rata basis for the number
22of months remaining in the period of issue. Applications for
23renewal of licenses shall be submitted within thirty days prior
24to the license expiration date and shall be accompanied by
25payment of the prescribed fee.
26 Sec. 1546. Section 101A.3, subsections 1 and 2, Code 2023,
27are amended to read as follows:
281. User’s permits to purchase, possess, transport, store,
29and detonate explosive materials shall be issued by the sheriff
30of the county or the chief of police of a city of ten thousand
31population or more where the possession and detonation will
32occur. If the possession and detonation are to occur in more
33than one county or city, then such permits must be issued by
34the sheriff or chief of police of each of such counties or
35cities, except in counties and cities in which the explosives
-971-1are possessed for the sole purpose of transporting them
2through such counties and cities. A permit shall not be issued
3unless the sheriff or chief of police having jurisdiction is
4satisfied that possession and detonation of explosive materials
5is necessary to the applicant’s business or to improve the
6applicant’s property. Permits shall be issued only to persons
7who, in the discretion of the sheriff or chief of police, are
8of good character and sound judgment, and have sufficient
9knowledge of the use and handling of explosive materials to
10protect the public safety. Applicants shall be subject to the
11criminal history check provisions of section 101A.2, subsection
123. The state fire marshal director shall prescribe, have
13printed, and distribute permit application forms to all local
14permit issuing authorities.
152. The user’s permit shall state the quantity of explosive
16materials which the permittee may purchase, the amount the
17permittee may have in possession at any one time, the amount
18the permittee may detonate at any one time, and the period of
19time during which the purchase, possession, and detonation
20of explosive materials is authorized. The permit shall also
21specify the place where detonation may occur, the location and
22description of the place where the explosive materials will
23be stored, if such be the case, and shall contain such other
24information as may be required under the rules and regulations
25of the state fire marshal director. The permit shall not
26authorize purchase, possession, and detonation of a quantity of
27explosive materials in excess of that which is necessary in the
28pursuit of the applicant’s business or the improvement of the
29permittee’s property, nor shall such purchase, possession, and
30detonation be authorized for a period longer than is necessary
31for the specified purpose. In no event shall the permit be
32valid for more than thirty days from date of issuance but it
33may be renewed upon proper showing of necessity.
34 Sec. 1547. Section 101A.4, subsection 1, Code 2023, is
35amended to read as follows:
-972- 11. Judicial review of the action of the state fire marshal
2 director may be sought in accordance with the terms of the Iowa
3administrative procedure Act, chapter 17A.
4 Sec. 1548. Section 101A.5, Code 2023, is amended to read as
5follows:
6101A.5 Rules — director duties.
71. The state fire marshal director shall adopt rules
8pursuant to chapter 17A pertaining to the manufacture,
9transportation, storage, possession, and use of explosive
10materials. Rules adopted by the state fire marshal director
11 shall be compatible with, but not limited to, the national
12fire protection association’s pamphlet number 495 and federal
13rules pertaining to commerce, possession, storage, and use of
14explosive materials. Such rules shall do all of the following:
151. a. Prescribe reasonable standards for the safe
16transportation and handling of explosive materials so as to
17prevent accidental fires and explosions and prevent theft and
18unlawful or unauthorized possession of explosive materials.
192. b. Prescribe procedures and methods of inventory so
20as to assure accurate records of all explosive materials
21manufactured or imported into the state and records of the
22disposition of such explosive materials, including records of
23the identity of persons to whom sales and transfers are made,
24and the time and place of any loss or destruction of explosive
25materials which might occur.
263. c. Prescribe reasonable standards for the safe
27storage of explosive materials as may be necessary to prevent
28accidental fires and explosions and prevent thefts and unlawful
29or unauthorized possession of explosive materials.
304. d. Require such reports from licensees, permittees,
31sheriffs, and chiefs of police as may be necessary for the
32state fire marshal director to discharge the fire marshal’s
33 director’s duties pursuant to this chapter.
345. e. Prescribe the form and content of license and permit
35applications.
-973- 16. 2. Conduct The director shall conduct such inspections
2of licensees and permittees as may be necessary to enforce the
3provisions of this chapter.
4 Sec. 1549. Section 101A.7, Code 2023, is amended to read as
5follows:
6101A.7 Inspection of storage facility.
71. The licensee’s or permittee’s explosives storage
8facility shall be inspected at least once a year by a
9representative of the state fire marshal’s office department
10of inspections, appeals, and licensing, except that the state
11fire marshal director may, at those mining operations licensed
12and regulated by the United States department of labor, accept
13an approved inspection report issued by the United States
14department of labor, mine safety and health administration, for
15the twelve-month period following the issuance of the report.
16The state fire marshal director shall notify the appropriate
17city or county governing board of licenses to be issued in
18their respective jurisdictions pursuant to this chapter. The
19notification shall contain the name of the applicant to be
20licensed, the location of the facilities to be used in storing
21explosives, the types and quantities of explosive materials to
22be stored, and other information deemed necessary by either
23the governing boards or the state fire marshal director. The
24facility may be examined at other times by the sheriff of the
25county where the facility is located or by the local police
26authority if the facility is located within a city of over
27ten thousand population and if the sheriff or city council
28considers it necessary.
292. If the state fire marshal director finds the facility
30to be improperly secured, the licensee or permittee shall
31immediately correct the improper security and, if not so
32corrected, the state fire marshal director shall immediately
33confiscate the stored explosives. Explosives may be
34confiscated by the county sheriff or local police authority
35only if a situation that is discovered during an examination by
-974-1those authorities is deemed to present an immediate danger. If
2the explosives are confiscated by the county sheriff or local
3police authority, they shall be delivered to the state fire
4marshal director. The state fire marshal director shall hold
5confiscated explosives for a period of thirty days under proper
6security unless the period of holding is shortened pursuant to
7this section.
83. If the licensee or permittee corrects the improper
9security within the thirty-day period, the explosives shall
10be returned to the licensee or permittee after correction and
11after the licensee or permittee has paid to the state an amount
12equal to the expense incurred by the state in storing the
13explosives during the period of confiscation. The amount of
14expense shall be determined by the state fire marshal director.
154. If the improper security is not corrected during the
16thirty-day period, the state fire marshal director shall
17dispose of the explosives and the license or permit shall be
18canceled. A canceled license or permit shall not be reissued
19for a period of two years from the date of cancellation.
20 Sec. 1550. Section 101A.8, Code 2023, is amended to read as
21follows:
22101A.8 Report of theft or loss required.
23Any theft or loss of explosive materials, whether from
24a storage magazine, a vehicle in which they are being
25transported, or from a site on which they are being used,
26or from any other location, shall immediately be reported by
27the person authorized to possess such explosives to the local
28police or county sheriff. The local police or county sheriff
29shall immediately transmit a report of such theft or loss of
30explosive materials to the state fire marshal director.
31 Sec. 1551. Section 101A.9, Code 2023, is amended to read as
32follows:
33101A.9 Disposal regulated.
34No person shall abandon or otherwise dispose of any
35explosives in any manner which might, as the result of such
-975-1abandonment or disposal, create any danger or threat of danger
2to life or property. Any person in possession or control of
3explosives shall, when the need for such explosives no longer
4exists, dispose of them in accordance with rules prescribed by
5the state fire marshal director.
6 Sec. 1552. Section 101A.10, Code 2023, is amended to read
7as follows:
8101A.10 Persons and agencies exempt.
9This chapter shall not apply to the transportation and
10use of explosive materials by the regular military or naval
11forces of the United States, the duly organized militia of this
12state, representatives of the state fire marshal director, the
13state patrol, division of criminal investigation, local police
14departments, sheriffs departments, and fire departments acting
15in their official capacity; nor shall this chapter apply to
16the transportation and use of explosive materials by any peace
17officer to enforce provisions of this chapter when the peace
18officer is acting pursuant to such authority, however, other
19agencies of the state or any of its political subdivisions
20desiring to purchase, possess, transport, or use explosive
21materials for construction or other purposes shall be required
22to obtain user’s permits.
23 Sec. 1553. Section 101A.12, Code 2023, is amended to read
24as follows:
25101A.12 Deposit and use of fees.
26The fees collected by the state fire marshal director in
27issuing licenses pursuant to this chapter shall be deposited in
28the state general fund.
29 Sec. 1554. Section 101A.14, subsection 2, Code 2023, is
30amended to read as follows:
312. Any person who violates the provisions of section 101A.6,
32101A.8 or 101A.9 or any of the rules adopted by the state fire
33marshal director pursuant to the provisions of this chapter,
34commits a simple misdemeanor.
35 Sec. 1555. Section 101B.2, subsection 3, Code 2023, is
-976-1amended to read as follows:
23. “Department” means the department of public safety
3 inspections, appeals, and licensing.
4 Sec. 1556. Section 101B.3, subsection 4, Code 2023, is
5amended to read as follows:
64. The department of public safety shall administer
7this chapter and may adopt rules pursuant to chapter 17A to
8administer this chapter. This chapter shall be implemented in
9accordance with the implementation and substance of the New
10York fire safety standards for cigarettes.
11 Sec. 1557. Section 101B.6, subsection 2, Code 2023, is
12amended to read as follows:
132. A wholesaler or agent shall provide a copy of the
14cigarette packaging markings received from a manufacturer to
15all retailers to whom the wholesaler or agent sells cigarettes.
16A wholesaler, agent, or retailer shall permit the state fire
17marshal department, department of revenue, or the office of the
18attorney general to inspect markings of cigarette packaging
19marked in accordance with section 101B.7.
20 Sec. 1558. Section 101B.8, subsections 7, 8, and 9, Code
212023, are amended to read as follows:
227. In addition to any other remedy provided by law, the
23department of public safety or the office of the attorney
24general may file an action in district court for a violation of
25this chapter, including petitioning for injunctive relief or to
26recover any costs or damages suffered by the state because of a
27violation of this chapter, including enforcement costs relating
28to the specific violation and attorney fees. Each violation of
29the chapter or of rules adopted under this chapter constitutes
30a separate civil violation for which the department of public
31safety or the office of the attorney general may seek relief.
328. The department of revenue in the regular course of
33conducting inspections of a wholesaler, agent, or retailer
34may inspect cigarettes in the possession or control of the
35wholesaler, agent, or retailer or on the premises of any
-977-1wholesaler, agent, or retailer to determine if the cigarettes
2are marked as required pursuant to section 101B.7. If the
3cigarettes are not marked as required, the department of
4revenue shall notify the department of public safety.
59. To enforce the provisions of this chapter, the department
6of public safety and the office of the attorney general may
7examine the books, papers, invoices, and other records of any
8person in possession, control, or occupancy of any premises
9where cigarettes are placed, sold, or offered for sale,
10including the stock of cigarettes on the premises.
11 Sec. 1559. Section 101B.10, subsection 1, Code 2023, is
12amended to read as follows:
131. This chapter shall cease to be applicable if federal
14fire safety standards for cigarettes that preempt this chapter
15are enacted and take effect subsequent to January 1, 2009, and
16the state fire marshal department shall notify the secretary of
17state and the Code editor if such federal fire safety standards
18for cigarettes are enacted.
19 Sec. 1560. Section 103.1, Code 2023, is amended by adding
20the following new subsections:
21 NEW SUBSECTION. 6A. “Department” means the department of
22inspections, appeals, and licensing.
23 NEW SUBSECTION. 6B. “Director” means the director of
24the department of inspections, appeals, and licensing or the
25director’s designee.
26 Sec. 1561. Section 103.2, subsection 1, Code 2023, is
27amended to read as follows:
281. An electrical examining board is created within the
29division of state fire marshal of the department of public
30safety. The board shall consist of eleven voting members
31appointed by the governor and subject to senate confirmation,
32all of whom shall be residents of this state. Except for the
33board member enumerated in subsection 2, paragraph “e”, members
34shall be appointed by the governor and subject to senate
35confirmation.
-978-1 Sec. 1562. Section 103.2, Code 2023, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 2A. a. The board shall elect annually from
4its members a chairperson and a vice chairperson.
5b. The board shall hold at least one meeting quarterly at
6the location of the board’s principal office, and meetings
7shall be called at other times by the chairperson or four
8members of the board. At any meeting of the board, a majority
9of members constitutes a quorum.
10 Sec. 1563. Section 103.4, Code 2023, is amended by striking
11the section and inserting in lieu thereof the following:
12103.4 Executive secretary — staff and duties.
13The director shall appoint an executive secretary for the
14board and shall hire and provide staff to assist the board
15in administering this chapter. The executive secretary
16shall report to the director for purposes of routine board
17administrative functions, and shall report directly to
18the board for purposes of execution of board policy such
19as application of licensing criteria and processing of
20applications.
21 Sec. 1564. Section 103.7, Code 2023, is amended to read as
22follows:
23103.7 Electrician and installer licensing and inspection
24fund.
25An electrician and installer licensing and inspection fund
26is created in the state treasury as a separate fund under the
27control of the board. All licensing, examination, renewal,
28and inspection fees shall be deposited into the fund and
29retained by and for the use of the board. Expenditures from
30the fund shall be approved by the sole authority of the board
31in consultation with the state fire marshal director. Amounts
32deposited into the fund shall be considered repayment receipts
33as defined in section 8.2. Notwithstanding section 8.33, any
34balance in the fund on June 30 of each fiscal year shall not
35revert to the general fund of the state, but shall remain
-979-1available for the purposes of this chapter in subsequent fiscal
2years. Notwithstanding section 12C.7, subsection 2, interest
3or earnings on moneys deposited in the fund shall be credited
4to the fund.
5 Sec. 1565. Section 103.14, Code 2023, is amended to read as
6follows:
7103.14 Alarm installations.
8A person who is not licensed pursuant to this chapter may
9plan, lay out, or install electrical wiring, apparatus, and
10equipment for components of alarm systems that operate at
11seventy volt/amps (VA) or less, only if the person is certified
12to conduct such work pursuant to chapter 100C. Installations
13of alarm systems that operate at seventy volt/amps (VA) or less
14are subject to inspection by state inspectors as provided in
15section 103.31, except that reports of such inspections, if
16the installation being inspected was performed by a person
17certified pursuant to chapter 100C, shall be submitted to
18the state fire marshal director and any action taken on a
19report of an inspection of an installation performed by a
20person certified pursuant to chapter 100C shall be taken by
21or at the direction of the state fire marshal, unless the
22installation has been found to exceed the authority granted to
23the certificate holder pursuant to chapter 100C and therefore
24to be in violation of this chapter.
25 Sec. 1566. Section 103.25, subsection 1, Code 2023, is
26amended to read as follows:
271. At or before commencement of any installation required
28to be inspected by the board, the licensee or property owner
29making such installation shall submit to the state fire
30marshal’s office department a request for inspection. The
31board shall prescribe the methods by which the request may be
32submitted, which may include electronic submission or through
33a form prescribed by the board that can be submitted either
34through the mail or by a fax transmission. The board shall
35also prescribe methods by which inspection fees can be paid,
-980-1which may include electronic methods of payment. If the board
2or the state fire marshal’s office department becomes aware
3that a person has failed to file a necessary request for
4inspection, the board shall send a written notification by
5certified mail that the request must be filed within fourteen
6days. Any person filing a late request for inspection shall
7pay a delinquency fee in an amount to be determined by the
8board. A person who fails to file a late request within
9fourteen days from receipt of the notification shall be subject
10to a civil penalty to be determined by the board by rule.
11 Sec. 1567. Section 103.26, Code 2023, is amended to read as
12follows:
13103.26 Condemnation — disconnection — opportunity to
14correct noncompliance.
15If the inspector finds that any installation or portion of
16an installation is not in compliance with accepted standards
17of construction for health safety and property safety, based
18upon minimum standards set forth in the local electrical
19code or the national electrical code adopted by the board
20pursuant to section 103.6, the inspector shall by written
21order condemn the installation or noncomplying portion or
22order service to such installation disconnected and shall
23send a copy of such order to the board, the state fire
24marshal director, and the electrical utility supplying power
25involved. If the installation or the noncomplying portion is
26such as to seriously and proximately endanger human health
27or property, the order of the inspector when approved by the
28inspector’s supervisor shall require immediate condemnation
29and disconnection by the applicant. In all other cases, the
30order of the inspector shall establish a reasonable period
31of time for the installation to be brought into compliance
32with accepted standards of construction for health safety and
33property safety prior to the effective date established in such
34order for condemnation or disconnection.
35 Sec. 1568. Section 103.31, subsections 3, 4, and 5, Code
-981-12023, are amended to read as follows:
23. State inspection procedures and policies shall be
3established by the board. The state fire marshal director, or
4the state fire marshal’s director’s designee, shall enforce
5the procedures and policies, and enforce the provisions of the
6national electrical code adopted by the board.
74. Except when an inspection reveals that an installation or
8portion of an installation is not in compliance with accepted
9standards of construction for health safety and property
10safety, based upon minimum standards set forth in the local
11electrical code or the national electrical code adopted by
12the board pursuant to section 103.6, such that an order of
13condemnation or disconnection is warranted pursuant to section
14103.26, an inspector shall not add to, modify, or amend a
15construction plan as originally approved by the state fire
16marshal director or the state building code commissioner in the
17course of conducting an inspection.
185. Management and supervision of inspectors, including
19hiring decisions, disciplinary action, promotions, and work
20schedules are the responsibility of the state fire marshal
21 director acting in accordance with applicable law and pursuant
22to any applicable collective bargaining agreement. The state
23fire marshal director and the board shall jointly determine
24work territories, regions, or districts for inspectors
25and continuing education and ongoing training requirements
26applicable to inspectors. An inspector subject to disciplinary
27action pursuant to this subsection shall be entitled to an
28appeal according to the procedure set forth in section 103.34
29and judicial review pursuant to section 17A.19.
30 Sec. 1569. Section 103.32, subsection 3, Code 2023, is
31amended to read as follows:
323. When an inspection is requested by a property owner,
33the minimum fee shall be thirty dollars plus five dollars
34per branch circuit or feeder. The fee for fire and accident
35inspections shall be computed at the rate of forty-seven
-982-1dollars per hour, and mileage and other expenses shall be
2reimbursed as provided by the office of the state fire marshal
3 department.
4 Sec. 1570. Section 103.33, subsection 1, Code 2023, is
5amended to read as follows:
61. Any person aggrieved by a condemnation or disconnection
7order issued by the state fire marshal’s office department may
8appeal from the order by filing a written notice of appeal with
9the board within ten days after the date the order was served
10upon the property owner or within ten days after the order was
11filed with the board, whichever is later.
12 Sec. 1571. Section 103A.3, Code 2023, is amended by adding
13the following new subsections:
14 NEW SUBSECTION. 6A. “Department” means the department of
15inspections, appeals, and licensing.
16 NEW SUBSECTION. 6B. “Director” means the director of
17the department of inspections, appeals, and licensing or the
18director’s designee.
19 Sec. 1572. Section 103A.4, Code 2023, is amended to read as
20follows:
21103A.4 Building code commissioner.
22The commissioner of public safety director, in addition
23to other duties, shall serve as the state building code
24commissioner or may designate a building code commissioner.
25 Sec. 1573. Section 103A.23, subsection 1, Code 2023, is
26amended to read as follows:
271. For the purpose of obtaining revenue to defray the
28costs of administering the provisions of this chapter, the
29commissioner shall establish by rule a schedule of fees based
30upon the costs of administration which fees shall be collected
31from persons whose manufacture, installation, or construction
32is subject to the provisions of the state building code. For
33the performance of building plan reviews by the department
34of public safety, the commissioner shall establish by rule a
35fee, chargeable to the owner of the building, which shall be
-983-1equal to a percentage of the estimated total valuation of the
2building and which shall be in an amount reasonably related to
3the cost of conducting the review.
4 Sec. 1574. Section 103A.54, Code 2023, is amended to read
5as follows:
6103A.54 Fees.
7Notwithstanding section 103A.23, the department of
8public safety shall retain all fees collected pursuant to
9this subchapter and the fees retained are appropriated to
10the commissioner to administer the licensing program and
11the certification program for manufactured or mobile home
12installers, including the employment of personnel for the
13enforcement and administration of such programs.
14 Sec. 1575. Section 105.2, subsection 4, Code 2023, is
15amended to read as follows:
164. “Department” means the Iowa department of public health
17 inspections, appeals, and licensing.
18 Sec. 1576. Section 105.3, subsection 1, Code 2023, is
19amended to read as follows:
201. A plumbing and mechanical systems board is created within
21the Iowa department of public health.
22 Sec. 1577. Section 105.3, subsection 2, paragraph a,
23unnumbered paragraph 1, Code 2023, is amended to read as
24follows:
25The board shall be comprised of eleven twelve voting
26 members, appointed by the governor, as follows:
27 Sec. 1578. Section 105.3, subsection 2, paragraph a,
28subparagraph (1), Code 2023, is amended to read as follows:
29(1) The director of public health and human services or the
30director’s designee.
31 Sec. 1579. Section 105.3, subsection 2, paragraph a, Code
322023, is amended by adding the following new subparagraph:
33 NEW SUBPARAGRAPH. (2A) The director of the department of
34inspections, appeals, and licensing or the director’s designee.
35 Sec. 1580. Section 105.3, subsection 2, paragraph b, Code
-984-12023, is amended to read as follows:
2b. The board members enumerated in paragraph a “a”,
3subparagraphs (3) through (9), are shall be appointed by the
4governor and subject to confirmation by the senate.
5 Sec. 1581. Section 105.4, subsection 1, paragraph a, Code
62023, is amended to read as follows:
7a. The board shall establish by rule a plumbing installation
8code governing the installation of plumbing in this state.
9Consistent with fire safety rules and standards promulgated
10by the state fire marshal department, the board shall adopt
11the most current version of the uniform plumbing code and the
12international mechanical code, as the state plumbing code
13and the state mechanical code, to govern the installation of
14plumbing and mechanical systems in this state. The board shall
15adopt the current version of each code within six months of its
16being released. The board may adopt amendments to each code by
17rule. The board shall work in consultation with the state fire
18marshal department to ensure that proposed amendments do not
19conflict with the fire safety rules and standards promulgated
20by the state fire marshal department. The state plumbing
21code and the state mechanical code shall be applicable to all
22buildings and structures owned by the state or an agency of the
23state and in each local jurisdiction.
24 Sec. 1582. Section 105.12, subsection 1, Code 2023, is
25amended to read as follows:
261. A contracting, plumbing, mechanical, HVAC-refrigeration,
27sheet metal, or hydronic license shall be in the form of a
28certificate under the seal of the department, signed by the
29director of public health the department, and shall be issued
30in the name of the board. The license number shall be noted on
31the face of the license.
32 Sec. 1583. Section 135.11A, Code 2023, is amended to read
33as follows:
34135.11A Professional licensure division — other licensing
35 Licensing boards — expenses — fees.
-985- 11. There shall be a professional licensure division within
2the department of public health. Each board under chapter
3 chapters 100C, 103, 103A, 105, or 147 or that are under the
4administrative authority of the department, except the board
5of nursing, board of medicine, dental board, and board of
6pharmacy, shall receive administrative and clerical support
7from the division department and may not employ its own support
8staff for administrative and clerical duties. The executive
9director of the board of nursing, board of medicine, dental
10board, and board of pharmacy shall be appointed pursuant to
11section 135.11B.
122. The professional licensure division department and the
13licensing boards referenced in subsection 1 may expend funds in
14addition to amounts budgeted, if those additional expenditures
15are directly the result of actual examination and exceed funds
16budgeted for examinations. Before the division department or a
17licensing board expends or encumbers an amount in excess of the
18funds budgeted for examinations, the director of the department
19of management shall approve the expenditure or encumbrance.
20Before approval is given, the department of management shall
21determine that the examination expenses exceed the funds
22budgeted by the general assembly to the division department
23 or board and the division department or board does not have
24other funds from which examination expenses can be paid.
25Upon approval of the department of management, the division
26 department or licensing board may expend and encumber funds for
27excess examination expenses. The amounts necessary to fund
28the excess examination expenses shall be collected as fees
29from additional examination applicants and shall be treated as
30repayment receipts as defined in section 8.2.
31 Sec. 1584. Section 135.24, subsection 2, paragraph a, Code
322023, is amended to read as follows:
33a. Procedures for registration of health care providers
34deemed qualified by the board of medicine, the board of
35physician assistants, the dental board, the board of nursing,
-986-1the board of chiropractic, the board of psychology, the board
2of social work, the board of behavioral science, the board
3of pharmacy, the board of optometry, the board of podiatry,
4the board of physical and occupational therapy, the board of
5respiratory care and polysomnography, and the Iowa department
6of public health inspections, appeals, and licensing, as
7applicable.
8 Sec. 1585. Section 135.31, Code 2023, is amended to read as
9follows:
10135.31 Location of boards — rulemaking.
11The offices for the board of medicine, the board of pharmacy,
12the board of nursing, and the dental board shall be located
13within the department of public health. The individual boards
14shall have policymaking and rulemaking authority.
15 Sec. 1586. Section 135.37, Code 2023, is amended to read as
16follows:
17135.37 Tattooing — permit requirement — penalty.
181. A person shall not own, control and lease, act as an
19agent for, conduct, manage, or operate an establishment to
20practice the art of tattooing or engage in the practice of
21tattooing without first applying for and receiving a permit
22from the Iowa department of public health.
232. A minor shall not obtain a tattoo and a person shall
24not provide a tattoo to a minor. For the purposes of this
25section, “minor” means an unmarried person who is under the age
26of eighteen years.
273. A person who fails to meet the requirements of subsection
281 or a person providing a tattoo to a minor is guilty of a
29serious misdemeanor.
304. The Iowa department of public health shall:
31a. Adopt rules pursuant to chapter 17A and establish and
32collect all fees necessary to administer this section. The
33provisions of chapter 17A, including licensing provisions,
34judicial review, and appeal, shall apply to this chapter
35 section.
-987- 1b. Establish minimum safety and sanitation criteria for the
2operation of tattooing establishments.
35. If the Iowa department of public health determines that
4a provision of this section has been or is being violated, the
5department may order that a tattooing establishment not be
6operated until the necessary corrective action has been taken.
7If the establishment continues to be operated in violation of
8the order of the department, the department may request that
9the county attorney or the attorney general make an application
10in the name of the state to the district court of the county
11in which the violations have occurred for an order to enjoin
12the violations. This remedy is in addition to any other legal
13remedy available to the department.
146. As necessary to avoid duplication and promote
15coordination of public health inspection and enforcement
16activities, the department may enter into agreements with
17local boards of health to provide for inspection of tattooing
18establishments and enforcement activities in accordance with
19the rules and criteria implemented under this section.
20 Sec. 1587. Section 135.61, unnumbered paragraph 1, Code
212023, is amended to read as follows:
22As used in this subchapter part, unless the context
23otherwise requires:
24 Sec. 1588. Section 135.61, subsection 1, paragraph d, Code
252023, is amended to read as follows:
26d. Each institutional health facility or health maintenance
27organization which, prior to receipt of the application by the
28department, has formally indicated to the department pursuant
29to this subchapter part an intent to furnish in the future
30institutional health services similar to the new institutional
31health service proposed in the application.
32 Sec. 1589. Section 135.61, subsection 4, Code 2023, is
33amended to read as follows:
344. “Council” means the state health facilities council
35established by this subchapter part.
-988-1 Sec. 1590. Section 135.61, subsections 5 and 7, Code 2023,
2are amended by striking the subsections.
3 Sec. 1591. Section 135.62, subsection 1, Code 2023, is
4amended to read as follows:
51. This subchapter part shall be administered by the
6department. The director shall employ or cause to be employed
7the necessary persons to discharge the duties imposed on the
8department by this subchapter part.
9 Sec. 1592. Section 135.62, subsection 2, paragraph e,
10subparagraphs (2), (4), and (5), Code 2023, are amended to read
11as follows:
12(2) Determine and adopt such policies as are authorized by
13law and are deemed necessary to the efficient discharge of its
14duties under this subchapter part.
15(4) Advise and counsel with the director concerning
16the provisions of this subchapter part and the policies
17and procedures adopted by the department pursuant to this
18subchapter part.
19(5) Review and approve, prior to promulgation, all rules
20adopted by the department under this subchapter part.
21 Sec. 1593. Section 135.63, subsection 1, Code 2023, is
22amended to read as follows:
231. A new institutional health service or changed
24institutional health service shall not be offered or developed
25in this state without prior application to the department
26for and receipt of a certificate of need, pursuant to this
27subchapter part. The application shall be made upon forms
28furnished or prescribed by the department and shall contain
29such information as the department may require under this
30subchapter part. The application shall be accompanied
31by a fee equivalent to three-tenths of one percent of the
32anticipated cost of the project with a minimum fee of six
33hundred dollars and a maximum fee of twenty-one thousand
34dollars. The fee shall be remitted by the department to the
35treasurer of state, who shall place it in the general fund of
-989-1the state. If an application is voluntarily withdrawn within
2thirty calendar days after submission, seventy-five percent
3of the application fee shall be refunded; if the application
4is voluntarily withdrawn more than thirty but within sixty
5days after submission, fifty percent of the application fee
6shall be refunded; if the application is withdrawn voluntarily
7more than sixty days after submission, twenty-five percent of
8the application fee shall be refunded. Notwithstanding the
9required payment of an application fee under this subsection,
10an applicant for a new institutional health service or a
11changed institutional health service offered or developed by
12an intermediate care facility for persons with an intellectual
13disability or an intermediate care facility for persons with
14mental illness as defined pursuant to section 135C.1 is exempt
15from payment of the application fee.
16 Sec. 1594. Section 135.63, subsection 2, unnumbered
17paragraph 1, Code 2023, is amended to read as follows:
18This subchapter part shall not be construed to augment,
19limit, contravene, or repeal in any manner any other statute
20of this state which may authorize or relate to licensure,
21regulation, supervision, or control of, nor to be applicable
22to:
23 Sec. 1595. Section 135.63, subsection 2, paragraph f, Code
242023, is amended to read as follows:
25f. A residential care facility, as defined in section
26135C.1, including a residential care facility for persons with
27an intellectual disability, notwithstanding any provision in
28this subchapter part to the contrary.
29 Sec. 1596. Section 135.63, subsection 2, paragraph g,
30subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
31to read as follows:
32A reduction in bed capacity of an institutional health
33facility, notwithstanding any provision in this subchapter part
34 to the contrary, if all of the following conditions exist:
35 Sec. 1597. Section 135.63, subsection 2, paragraph h,
-990-1subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
2to read as follows:
3The deletion of one or more health services, previously
4offered on a regular basis by an institutional health facility
5or health maintenance organization, notwithstanding any
6provision of this subchapter part to the contrary, if all of
7the following conditions exist:
8 Sec. 1598. Section 135.63, subsection 2, paragraph j, Code
92023, is amended to read as follows:
10j. The construction, modification, or replacement of
11nonpatient care services, including parking facilities,
12heating, ventilation and air conditioning systems, computers,
13telephone systems, medical office buildings, and other projects
14of a similar nature, notwithstanding any provision in this
15subchapter part to the contrary.
16 Sec. 1599. Section 135.63, subsection 2, paragraph k,
17subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
18to read as follows:
19The redistribution of beds by a hospital within the acute
20care category of bed usage, notwithstanding any provision in
21this subchapter part to the contrary, if all of the following
22conditions exist:
23 Sec. 1600. Section 135.63, subsection 2, paragraph l,
24unnumbered paragraph 1, Code 2023, is amended to read as
25follows:
26The replacement or modernization of any institutional health
27facility if the replacement or modernization does not add new
28health services or additional bed capacity for existing health
29services, notwithstanding any provision in this subchapter
30 part to the contrary. With respect to a nursing facility,
31“replacement” means establishing a new facility within the same
32county as the prior facility to be closed. With reference to
33a hospital, “replacement” means establishing a new hospital
34that demonstrates compliance with all of the following criteria
35through evidence submitted to the department:
-991-1 Sec. 1601. Section 135.63, subsection 2, paragraphs m and n,
2Code 2023, are amended to read as follows:
3m. Hemodialysis services provided by a hospital or
4freestanding facility, notwithstanding any provision in this
5subchapter part to the contrary.
6n. Hospice services provided by a hospital, notwithstanding
7any provision in this subchapter part to the contrary.
8 Sec. 1602. Section 135.63, subsection 2, paragraph p,
9unnumbered paragraph 1, Code 2023, is amended to read as
10follows:
11The conversion of an existing number of beds by an
12intermediate care facility for persons with an intellectual
13disability to a smaller facility environment, including but not
14limited to a community-based environment which does not result
15in an increased number of beds, notwithstanding any provision
16in this subchapter part to the contrary, including subsection
174, if all of the following conditions exist:
18 Sec. 1603. Section 135.63, subsection 3, Code 2023, is
19amended to read as follows:
203. This subchapter part shall not be construed to be
21applicable to a health care facility operated by and for the
22exclusive use of members of a religious order, which does
23not admit more than two individuals to the facility from the
24general public, and which was in operation prior to July 1,
251986. However, this subchapter part is applicable to such
26a facility if the facility is involved in the offering or
27developing of a new or changed institutional health service on
28or after July 1, 1986.
29 Sec. 1604. Section 135.63, subsection 4, unnumbered
30paragraph 1, Code 2023, is amended to read as follows:
31A copy of the application shall be sent to the department
32of health and human services at the time the application
33is submitted to the Iowa department of public health. The
34department shall not process applications for and the council
35shall not consider a new or changed institutional health
-992-1service for an intermediate care facility for persons with an
2intellectual disability unless both of the following conditions
3are met:
4 Sec. 1605. Section 135.64, subsection 3, Code 2023, is
5amended to read as follows:
63. In the evaluation of applications for certificates
7of need submitted by the university of Iowa hospitals and
8clinics, the unique features of that institution relating to
9statewide tertiary health care, health science education, and
10clinical research shall be given due consideration. Further,
11in administering this subchapter part, the unique capacity of
12university hospitals for the evaluation of technologically
13innovative equipment and other new health services shall be
14utilized.
15 Sec. 1606. Section 135.72, unnumbered paragraph 1, Code
162023, is amended to read as follows:
17The department shall adopt, with approval of the council,
18such administrative rules as are necessary to enable it to
19implement this subchapter part. These rules shall include:
20 Sec. 1607. Section 135.73, subsection 1, Code 2023, is
21amended to read as follows:
221. Any party constructing a new institutional health
23facility or an addition to or renovation of an existing
24institutional health facility without first obtaining a
25certificate of need or, in the case of a mobile health service,
26ascertaining that the mobile health service has received
27certificate of need approval, as required by this subchapter
28 part, shall be denied licensure or change of licensure by the
29appropriate responsible licensing agency of this state.
30 Sec. 1608. Section 135.73, subsection 2, unnumbered
31paragraph 1, Code 2023, is amended to read as follows:
32A party violating this subchapter part shall be subject
33to penalties in accordance with this section. The
34department shall adopt rules setting forth the violations by
35classification, the criteria for the classification of any
-993-1violation not listed, and procedures for implementing this
2subsection.
3 Sec. 1609. Section 135.73, subsection 3, Code 2023, is
4amended to read as follows:
53. Notwithstanding any other sanction imposed pursuant
6to this section, a party offering or developing any new
7institutional health service or changed institutional health
8service without first obtaining a certificate of need as
9required by this subchapter part may be temporarily or
10permanently restrained from doing so by any court of competent
11jurisdiction in any action brought by the state, any of its
12political subdivisions, or any other interested person.
13 Sec. 1610. Section 135.74, subsection 3, Code 2023, is
14amended to read as follows:
153. The department shall, where appropriate, provide for
16modification, consistent with the purposes of this subchapter
17 part, of reporting requirements to correctly reflect the
18differences among hospitals and among health care facilities
19referred to in subsection 2, and to avoid otherwise unduly
20burdensome costs in meeting the requirements of uniform methods
21of financial reporting.
22 Sec. 1611. Section 135.75, subsection 2, Code 2023, is
23amended to read as follows:
242. Where more than one licensed hospital or health
25care facility is operated by the reporting organization,
26the information required by this section shall be reported
27separately for each licensed hospital or health care facility.
28The department shall require preparation of specified financial
29reports by a certified public accountant, and may require
30attestation of responsible officials of the reporting hospital
31or health care facility that the reports submitted are to the
32best of their knowledge and belief prepared in accordance with
33the prescribed methods of reporting. The department shall
34have the right to inspect the books, audits and records of any
35hospital or health care facility as reasonably necessary to
-994-1verify reports submitted pursuant to this subchapter part.
2 Sec. 1612. Section 135.76, subsection 1, Code 2023, is
3amended to read as follows:
41. The department shall from time to time undertake analyses
5and studies relating to hospital and health care facility
6costs and to the financial status of hospitals or health care
7facilities, or both, which are subject to the provisions of
8this subchapter part. It shall further require the filing
9of information concerning the total financial needs of each
10individual hospital or health care facility and the resources
11currently or prospectively available to meet these needs,
12including the effect of proposals made by health systems
13agencies. The department shall also prepare and file such
14summaries and compilations or other supplementary reports based
15on the information filed with it as will, in its judgment,
16advance the purposes of this subchapter part.
17 Sec. 1613. Section 135C.2, subsection 3, paragraph c, Code
182023, is amended to read as follows:
19c. The rules adopted for intermediate care facilities for
20persons with an intellectual disability shall be consistent
21with, but no more restrictive than, the federal standards for
22intermediate care facilities for persons with an intellectual
23disability established pursuant to the federal Social Security
24Act, §1905(c)(d), as codified in 42 U.S.C. §1396d, in effect on
25January 1, 1989. However, in order for an intermediate care
26facility for persons with an intellectual disability to be
27licensed, the state fire marshal director must certify to the
28department that the facility meets the applicable provisions
29of the rules adopted for such facilities by the state fire
30marshal director. The state fire marshal’s director’s rules
31shall be based upon such a facility’s compliance with either
32the provisions applicable to health care occupancies or
33residential board and care occupancies of the life safety code
34of the national fire protection association, 2000 edition. The
35department shall adopt additional rules for intermediate care
-995-1facilities for persons with an intellectual disability pursuant
2to section 135C.14, subsection 8.
3 Sec. 1614. Section 135C.2, subsection 5, paragraph b, Code
42023, is amended to read as follows:
5b. A facility must be located in an area zoned for single or
6multiple-family housing or in an unincorporated area and must
7be constructed in compliance with applicable local requirements
8and the rules adopted for the special classification by the
9state fire marshal director in accordance with the concept of
10the least restrictive environment for the facility residents.
11Local requirements shall not be more restrictive than the
12rules adopted for the special classification by the state fire
13marshal director and the state building code requirements for
14single or multiple-family housing, under section 103A.7.
15 Sec. 1615. Section 135C.5, Code 2023, is amended to read as
16follows:
17135C.5 Limitations on use.
18Another business or activity serving persons other than
19the residents of a health care facility may be operated or
20provided in a designated part of the physical structure of
21the health care facility if the other business or activity
22meets the requirements of applicable state and federal
23laws, administrative rules, and federal regulations. The
24department shall not limit the ability of a health care
25facility to operate or provide another business or activity
26in the designated part of the facility if the business or
27activity does not interfere with the use of the facility by the
28residents or with the services provided to the residents, and
29is not disturbing to the residents. In denying the ability of
30a health care facility to operate or provide another business
31or activity under this section, the burden of proof shall be
32on the department to demonstrate that the other business or
33activity substantially interferes with the use of the facility
34by the residents or the services provided to the residents,
35or is disturbing to the residents. The state fire marshal
-996-1 director, in accordance with chapter 17A, shall adopt rules
2which establish criteria for approval of a business or activity
3to be operated or provided in a designated part of the physical
4structure of a health care facility. For the purposes of
5this section, “another business or activity” shall not include
6laboratory services with the exception of laboratory services
7for which a waiver from regulatory oversight has been obtained
8under the federal Clinical Laboratory Improvement Amendments of
91988, Pub.L. No.100-578, as amended, radiological services,
10anesthesiology services, obstetrical services, surgical
11services, or emergency room services provided by hospitals
12licensed under chapter 135B.
13 Sec. 1616. Section 135C.9, Code 2023, is amended to read as
14follows:
15135C.9 Inspection before issuance — notice of deficiencies.
161. The department shall not issue a health care facility
17license to any applicant until:
18a. The department has ascertained that the staff and
19equipment of the facility is adequate to provide the care and
20services required of a health care facility of the category
21for which the license is sought. Prior to the review and
22approval of plans and specifications for any new facility
23and the initial licensing under a new licensee, a resume of
24the programs and services to be furnished and of the means
25available to the applicant for providing the same and for
26meeting requirements for staffing, equipment, and operation
27of the health care facility, with particular reference to the
28professional requirements for services to be rendered, shall be
29submitted in writing to the department for review and approval.
30The resume shall be reviewed by the department within ten
31working days and returned to the applicant. The resume shall,
32upon the department’s request, be revised as appropriate by the
33facility from time to time after issuance of a license.
34b. The facility has been inspected by the state fire marshal
35or a deputy appointed by the fire marshal for that purpose
-997-1 director, who may be a member of a municipal fire department,
2and the department has received either a certificate of
3compliance or a provisional certificate of compliance by
4the facility with the fire hazard and fire safety rules and
5standards of the department as promulgated by the fire marshal
6 director and, where applicable, the fire safety standards
7required for participation in programs authorized by either
8Tit.XVIII or Tit.XIX of the United States Social Security
9Act, codified at 42 U.S.C. §1395 – 1395ll and 1396 – 1396g. The
10certificate or provisional certificate shall be signed by the
11fire marshal director or the fire marshal’s deputy director’s
12designee who made the inspection. If the state fire marshal
13or a deputy director finds a deficiency upon inspection, the
14notice to the facility shall be provided in a timely manner
15and shall specifically describe the nature of the deficiency,
16identifying the Code section or subsection or the rule or
17standard violated. The notice shall also specify the time
18allowed for correction of the deficiency, at the end of which
19time the fire marshal or a deputy director shall perform a
20follow-up inspection.
212. The rules and standards promulgated by the fire marshal
22 director pursuant to subsection 1, paragraph “b” of this section
23shall be substantially in keeping with the latest generally
24recognized safety criteria for the facilities covered, of which
25the applicable criteria recommended and published from time
26to time by the national fire protection association shall be
27prima facie evidence. The rules and standards promulgated by
28the fire marshal director shall be promulgated in consultation
29with the department and shall, to the greatest extent possible,
30be consistent with rules adopted by the department under this
31chapter.
323. The state fire marshal or the fire marshal’s deputy
33 director may issue successive provisional certificates of
34compliance for periods of one year each to a facility which is
35in substantial compliance with the applicable fire hazard and
-998-1fire safety rules and standards, upon satisfactory evidence
2of an intent, in good faith, by the owner or operator of the
3facility to correct the deficiencies noted upon inspection
4within a reasonable period of time as determined by the state
5fire marshal or the fire marshal’s deputy director. Renewal
6of a provisional certificate shall be based on a showing
7of substantial progress in eliminating deficiencies noted
8upon the last previous inspection of the facility without
9the appearance of additional deficiencies other than those
10arising from changes in the fire hazard and fire safety rules,
11regulations and standards which have occurred since the last
12previous inspection, except that substantial progress toward
13achievement of a good faith intent by the owner or operator to
14replace the entire facility within a reasonable period of time,
15as determined by the state fire marshal or the fire marshal’s
16deputy director, may be accepted as a showing of substantial
17progress in eliminating deficiencies, for the purposes of this
18section.
194. If a facility subject to licensure under this chapter,
20a facility exempt from licensure under this chapter pursuant
21to section 135C.6, or a family home under section 335.25
22or 414.22, has been issued a certificate of compliance or
23a provisional certificate of compliance under subsection
241 or 3, or has otherwise been approved as complying with
25a rule or standard by the state or a deputy fire marshal
26 the director or a local building department as defined in
27section 103A.3, the state or deputy fire marshal director
28 or local building department which issued the certificate,
29provisional certificate, or approval shall not apply additional
30requirements for compliance with the rule or standard unless
31the rule or standard is revised in accordance with chapter 17A
32or with local regulatory procedure following issuance of the
33certificate, provisional certificate, or approval.
34 Sec. 1617. Section 135C.14, unnumbered paragraph 1, Code
352023, is amended to read as follows:
-999- 1The department shall, in accordance with chapter 17A
2and with the approval of the state board of health, adopt
3and enforce rules setting minimum standards for health care
4facilities. In so doing, the department, with the approval
5of the state board of health, may adopt by reference, with
6or without amendment, nationally recognized standards and
7rules, which shall be specified by title and edition, date
8of publication, or similar information. The rules and
9standards required by this section shall be formulated in
10consultation with the director of health and human services or
11the director’s director of health and human services’ designee,
12with the state fire marshal director, and with affected
13industry, professional, and consumer groups, and shall be
14designed to further the accomplishment of the purposes of this
15chapter and shall relate to:
16 Sec. 1618. Section 135C.14, subsection 1, Code 2023, is
17amended to read as follows:
181. Location and construction of the facility, including
19plumbing, heating, lighting, ventilation, and other housing
20conditions, which shall ensure the health, safety and comfort
21of residents and protection from fire hazards. The rules of
22the department relating to protection from fire hazards and
23fire safety shall be promulgated by the state fire marshal
24 director in consultation with the department, and shall be in
25keeping with the latest generally recognized safety criteria
26for the facilities covered of which the applicable criteria
27recommended and published from time to time by the national
28fire protection association are prima facie evidence. To
29the greatest extent possible, the rules promulgated by the
30state fire marshal director shall be consistent with the rules
31adopted by the department under this chapter.
32 Sec. 1619. Section 135C.16, subsection 3, Code 2023, is
33amended to read as follows:
343. An authorized representative of the department may
35enter any licensed health care facility without a warrant,
-1000-1and may examine all records pertaining to the care provided
2residents of the facility. An authorized representative of the
3department may contact or interview any resident, employee, or
4any other person who might have knowledge about the operation
5of a health care facility. An authorized representative of
6the department of human services shall have the same right
7with respect to any facility where one or more residents are
8cared for entirely or partially at public expense, and an
9authorized representative of the designated protection and
10advocacy agency shall have the same right with respect to
11any facility where one or more residents have developmental
12disabilities or mental illnesses, and the state fire marshal or
13a deputy appointed pursuant to section 135C.9, subsection 1,
14paragraph “b”, director shall have the same right of entry into
15any facility and the right to inspect any records pertinent
16to fire safety practices and conditions within that facility,
17and an authorized representative of the office of long-term
18care ombudsman shall have the same right with respect to any
19nursing facility or residential care facility. If any such
20authorized representative has probable cause to believe that
21any institution, building, or agency not licensed as a health
22care facility is in fact a health care facility as defined
23by this chapter, and upon producing identification that the
24individual is an authorized representative is denied entry
25thereto for the purpose of making an inspection, the authorized
26representative may, with the assistance of the county attorney
27of the county in which the purported health care facility is
28located, apply to the district court for an order requiring
29the owner or occupant to permit entry and inspection of the
30premises to determine whether there have been any violations of
31this chapter.
32 Sec. 1620. Section 135C.17, Code 2023, is amended to read
33as follows:
34135C.17 Duties of other departments.
35It shall be the duty of the department of human services,
-1001-1state fire marshal, office of long-term care ombudsman, and
2the officers and agents of other state and local governmental
3units, and the designated protection and advocacy agency to
4assist the department in carrying out the provisions of this
5chapter, insofar as the functions of these respective offices
6and departments are concerned with the health, welfare, and
7safety of any resident of any health care facility. It shall
8be the duty of the department to cooperate with the protection
9and advocacy agency and the office of long-term care ombudsman
10by responding to all reasonable requests for assistance and
11information as required by federal law and this chapter.
12 Sec. 1621. Section 135I.1, subsection 1, Code 2023, is
13amended to read as follows:
141. “Department” means the Iowa department of public health
15 inspections, appeals, and licensing.
16 Sec. 1622. Section 135K.1, subsection 3, Code 2023, is
17amended to read as follows:
183. “Department” means the Iowa department of public health
19 inspections, appeals, and licensing.
20 Sec. 1623. Section 136D.2, subsections 1 and 2, Code 2023,
21are amended to read as follows:
221. “Department” means the Iowa department of public health
23 inspections, appeals, and licensing.
242. “Director” means the director of public health the
25department of inspections, appeals, and licensing, or the
26director’s designee.
27 Sec. 1624. Section 137C.35, subsection 2, Code 2023, is
28amended to read as follows:
292. A bed and breakfast inn is subject to regulation,
30licensing, and inspection under this chapter, but separate
31toilet and lavatory facilities shall not be required for each
32guest room. Additionally, a bed and breakfast inn is exempt
33from fire safety rules adopted pursuant to section 100.35 and
34applicable to hotels, but is subject to fire safety rules which
35the state fire marshal director shall specifically adopt for
-1002-1bed and breakfast inns.
2 Sec. 1625. Section 138.1, subsections 4 and 5, Code 2023,
3are amended to read as follows:
44. “Department” means the Iowa department of public health
5 inspections, appeals, and licensing.
65. “Director” means the director of public health the
7department of inspections, appeals, and licensing or the
8director’s designee.
9 Sec. 1626. Section 147.1, subsection 2, Code 2023, is
10amended to read as follows:
112. “Department” means the department of public health
12 inspections, appeals, and licensing.
13 Sec. 1627. Section 147.82, Code 2023, is amended to read as
14follows:
15147.82 Fee retention.
16All fees collected by a board listed in section 147.13 or
17by the department for the bureau of professional licensure,
18and fees collected pursuant to sections 124.301 and 147.80 and
19chapter 155A by the board of pharmacy, shall be retained by
20each board or by the department for the bureau of professional
21licensure. The moneys retained by a board shall be used for
22any of the board’s duties, including but not limited to the
23addition of full-time equivalent positions for program services
24and investigations. Revenues retained by a board pursuant
25to this section shall be considered repayment receipts as
26defined in section 8.2. Notwithstanding section 8.33, moneys
27retained by a board pursuant to this section are not subject to
28reversion to the general fund of the state.
29 Sec. 1628. Section 148C.1, subsection 4, Code 2023, is
30amended to read as follows:
314. “Department” means the department of public health
32 inspections, appeals, and licensing.
33 Sec. 1629. Section 152B.1, subsection 2, Code 2023, is
34amended to read as follows:
352. “Department” means the Iowa department of public health
-1003-1 inspections, appeals, and licensing.
2 Sec. 1630. Section 154A.1, subsection 2, Code 2023, is
3amended to read as follows:
42. “Department” means the Iowa department of public health
5 inspections, appeals, and licensing.
6 Sec. 1631. Section 154B.8, Code 2023, is amended to read as
7follows:
8154B.8 Voluntary surrender of license.
9The director of public health the department of inspections,
10appeals, and licensing may accept the voluntary surrender of
11license if accompanied by a written statement of intention.
12The voluntary surrender, when accepted, shall have the same
13force and effect as an order of revocation.
14 Sec. 1632. Section 154B.13, subsection 2, Code 2023, is
15amended to read as follows:
162. The board shall appoint a prescribing psychologist
17rules subcommittee comprised of a psychologist appointed by
18the board, a physician appointed by the board of medicine, and
19a member of the public appointed by the director of public
20health the department of inspections, appeals, and licensing to
21develop rules for consideration by the board pursuant to this
22section.
23 Sec. 1633. Section 154E.1, subsection 3, Code 2023, is
24amended to read as follows:
253. “Department” means the Iowa department of public health
26 inspections, appeals, and licensing.
27 Sec. 1634. Section 155A.13, subsection 3, paragraph d, Code
282023, is amended to read as follows:
29d. An applicant seeking a special or limited-use pharmacy
30license for a proposed telepharmacy site that does not meet the
31mileage requirement established in paragraph “c” and is not
32statutorily exempt from the mileage requirement may apply to
33the board for a waiver of the mileage requirement. A waiver
34request shall only be granted if the applicant can demonstrate
35to the board that the proposed telepharmacy site is located in
-1004-1an area where there is limited access to pharmacy services and
2can establish the existence of compelling circumstances that
3justify waiving the mileage requirement. The board’s decision
4to grant or deny a waiver request shall be a proposed decision
5subject to mandatory review by the director of public health
6 the department of inspections, appeals, and licensing. The
7director shall review a proposed decision and shall have the
8power to approve, modify, or veto a proposed decision. The
9director’s decision on a waiver request shall be considered
10final agency action subject to judicial review under chapter
1117A.
12 Sec. 1635. Section 156.1A, Code 2023, is amended to read as
13follows:
14156.1A Provision of services.
15Nothing contained in this chapter shall be construed
16as prohibiting the operation of any funeral home, funeral
17establishment, or cremation establishment by any person,
18heir, fiduciary, firm, cooperative burial association, or
19corporation. However, each such person, firm, cooperative
20burial association, or corporation shall ensure that
21all mortuary science services are provided by a funeral
22director, and shall keep the Iowa department of public health
23 inspections, appeals, and licensing advised of the name of the
24funeral director.
25 Sec. 1636. Section 156.10, Code 2023, is amended to read as
26follows:
27156.10 Inspection.
281. The director of public health the department of
29inspections, appeals, and licensing may inspect all places
30where dead human bodies are prepared or held for burial,
31entombment, or cremation, and may adopt and enforce such rules
32and regulations in connection with the inspection as may be
33necessary for the preservation of the public health.
342. The Iowa department of public health inspections,
35appeals, and licensing may assess an inspection fee for an
-1005-1inspection of a place where dead human bodies are prepared
2for burial or cremation. The fee may be determined by the
3department by rule.
4 Sec. 1637. Section 157.1, subsection 7, Code 2023, is
5amended to read as follows:
67. “Department” means the Iowa department of public health
7 inspections, appeals, and licensing.
8 Sec. 1638. Section 157.7, subsections 1 and 2, Code 2023,
9are amended to read as follows:
101. The department of inspections and appeals shall
11employ personnel pursuant to chapter 8A, subchapter IV, to
12perform duties related to inspection functions under this
13chapter. The department of inspections and appeals shall, when
14possible, integrate inspection efforts under this chapter with
15inspections conducted under chapter 158.
162. The Iowa department of public health may employ clerical
17assistants pursuant to chapter 8A, subchapter IV, to administer
18and enforce this chapter. The costs and expenses of the
19clerical assistants shall be paid from funds appropriated to
20the department of public health.
21 Sec. 1639. Section 158.1, subsection 6, Code 2023, is
22amended to read as follows:
236. “Department” means the Iowa department of public health
24 inspections, appeals, and licensing.
25 Sec. 1640. Section 158.6, Code 2023, is amended to read as
26follows:
27158.6 Inspectors and clerical assistants.
281. The department of inspections and appeals shall
29employ personnel pursuant to chapter 8A, subchapter IV, to
30perform duties related to inspection functions under this
31chapter. The department of inspections and appeals shall, when
32possible, integrate inspection efforts under this chapter with
33inspections conducted under chapter 157.
342. The Iowa department of public health may employ clerical
35assistants pursuant to chapter 8A, subchapter IV, to administer
-1006-1and enforce this chapter. The costs and expenses of the
2clerical assistants shall be paid from funds appropriated to
3the department of public health.
4 Sec. 1641. Section 214A.35, subsection 2, paragraph g, Code
52023, is amended to read as follows:
6g. The department of agriculture and land stewardship may
7cooperate with the department of natural resources and the
8state fire marshal department of inspections, appeals, and
9licensing in administering and enforcing the provisions of this
10section.
11 Sec. 1642. Section 218.4, subsection 3, Code 2023, is
12amended to read as follows:
133. The state fire marshal department of inspections,
14appeals, and licensing shall cause to be made an annual
15inspection of all the institutions listed in section 218.1
16and shall make written report thereof to the particular
17administrator of the state department of human services in
18control of such institution.
19 Sec. 1643. Section 231B.4, Code 2023, is amended to read as
20follows:
21231B.4 Zoning — fire and safety standards.
22An elder group home shall be located in an area zoned
23for single-family or multiple-family housing or in an
24unincorporated area and shall be constructed in compliance with
25applicable local housing codes and the rules adopted for the
26special classification by the state fire marshal department.
27In the absence of local building codes, the facility shall
28comply with the state plumbing code established pursuant to
29section 135.11 and the state building code established pursuant
30to section 103A.7 and the rules adopted for the special
31classification by the state fire marshal department. The
32rules adopted for the special classification by the state fire
33marshal department regarding second floor occupancy shall be
34adopted in consultation with the department and shall take into
35consideration the mobility of the tenants.
-1007-1 Sec. 1644. Section 231C.4, Code 2023, is amended to read as
2follows:
3231C.4 Fire and safety standards.
4The state fire marshal department shall adopt rules, in
5coordination with the department, relating to the certification
6and monitoring of the fire and safety standards of certified
7assisted living programs.
8 Sec. 1645. Section 231D.15, Code 2023, is amended to read
9as follows:
10231D.15 Fire and safety standards.
11The state fire marshal department shall adopt rules, in
12coordination with the department, relating to the certification
13and monitoring of the fire and safety standards of adult day
14services programs.
15 Sec. 1646. Section 235A.15, subsection 2, paragraph d,
16subparagraph (7), Code 2023, is amended to read as follows:
17(7) Each licensing board specified under chapter 147 and
18the Iowa department of public health inspections, appeals,
19and licensing for the purpose of licensure, certification or
20registration, disciplinary investigation, or the renewal of
21licensure, certification or registration, or disciplinary
22proceedings of health care professionals.
23 Sec. 1647. Section 237.3, subsection 3, Code 2023, is
24amended to read as follows:
253. Rules governing fire safety in facilities with child
26foster care provided by agencies shall be promulgated by the
27state fire marshal director of the department of inspections,
28appeals, and licensing pursuant to section 100.1, subsection 5
29 10A.511 after consultation with the administrator.
30 Sec. 1648. Section 237A.3A, subsection 3, paragraph c, Code
312023, is amended to read as follows:
32c. In consultation with the state fire marshal director
33of the department of inspections, appeals, and licensing, the
34department shall adopt rules relating to the provision of fire
35extinguishers, smoke detectors, and two exits accessible to
-1008-1children in a child development home.
2 Sec. 1649. Section 237A.4, Code 2023, is amended to read as
3follows:
4237A.4 Inspection and evaluation.
5The department shall make periodic inspections of licensed
6centers to ensure compliance with licensing requirements
7provided in this chapter, and the local boards of health
8may make periodic inspections of licensed centers to ensure
9compliance with health-related licensing requirements provided
10in this chapter. The department may inspect records maintained
11by a licensed center and may inquire into matters concerning
12these centers and the persons in charge. The department
13shall require that the center be inspected by the state fire
14marshal director of the department of inspections, appeals,
15and licensing or a designee for compliance with rules relating
16to fire safety before a license is granted or renewed. The
17department or a designee may periodically visit registered
18child development homes for the purpose of evaluation of an
19inquiry into matters concerning compliance with rules adopted
20under section 237A.12. Evaluation of child development homes
21under this section may include consultative services provided
22pursuant to section 237A.6.
23 Sec. 1650. Section 237A.12, subsections 2, 3, and 4, Code
242023, are amended to read as follows:
252. Rules adopted by the state fire marshal director of
26the department of inspections, appeals, and licensing for
27buildings, other than school buildings, used as child care
28centers as an adjunct to the primary purpose of the building
29shall take into consideration that children are received for
30temporary care only and shall not differ from rules adopted
31for these buildings when they are used by groups of persons
32congregating from time to time in the primary use and occupancy
33of the buildings. However, the rules may require a fire-rated
34separation from the remaining portion of the building if
35the fire marshal director of the department of inspections,
-1009-1appeals, and licensing determines that the separation is
2necessary for the protection of children from a specific
3flammable hazard.
43. Rules relating to fire safety for child care centers
5shall be adopted under this chapter by the state fire marshal
6 director of the department of inspections, appeals, and
7licensing in consultation with the department. Rules adopted
8by the state fire marshal director of the department of
9inspections, appeals, and licensing for a building which is
10owned or leased by a school district or accredited nonpublic
11school and used as a child care facility shall not differ from
12standards adopted by the state fire marshal director of the
13department of inspections, appeals, and licensing for school
14buildings under chapter 100 10A, subchapter V, part 2. Rules
15relating to sanitation shall be adopted by the department in
16consultation with the director of public health. All rules
17shall be developed in consultation with the state child care
18advisory committee. The state fire marshal director of the
19department of inspections, appeals, and licensing shall inspect
20the facilities.
214. If a building is owned or leased by a school district
22or accredited nonpublic school and complies with standards
23adopted by the state fire marshal director of the department
24of inspections, appeals, and licensing for school buildings
25under chapter 100 10A, subchapter V, part 2, the building is
26considered appropriate for use by a child care facility. The
27rules adopted by the administrator under this section shall not
28require the facility to comply with building requirements which
29differ from requirements for use of the building as a school.
30 Sec. 1651. Section 237C.4, subsection 2, Code 2023, is
31amended to read as follows:
322. Before the administrator department issues or reissues a
33certificate of approval to a children’s residential facility
34under section 237C.6, the facility shall comply with standards
35adopted by the state fire marshal director of the department
-1010-1of inspections, appeals, and licensing under chapter 100 10A,
2subchapter V, part 2.
3 Sec. 1652. Section 237C.6, subsection 2, Code 2023, is
4amended to read as follows:
52. The certificate of approval shall state on its face the
6name of the holder of the certificate, the particular premises
7for which the certificate is issued, and the number of children
8who may be cared for by the children’s residential facility on
9the premises at one time under the certificate of occupancy
10issued by the state fire marshal director of the department of
11inspections, appeals, and licensing or the state fire marshal’s
12 director’s designee. The certificate of approval shall be
13posted in a conspicuous place in the children’s residential
14facility.
15 Sec. 1653. Section 261B.11, subsection 1, paragraph m, Code
162023, is amended to read as follows:
17m. Higher education institutions located in Iowa whose
18massage therapy curriculum is approved under administrative
19rules of the professional licensure division of the department
20of public health inspections, appeals, and licensing and whose
21instructors are licensed massage therapists under chapter 152C.
22 Sec. 1654. Section 262.33A, Code 2023, is amended to read
23as follows:
24262.33A Fire and environmental safety — report —
25expenditures.
26It is the intent of the general assembly that each
27institution of higher education under the control of the state
28board of regents shall, in consultation with the state fire
29marshal director of the department of inspections, appeals,
30and licensing, identify and correct all critical fire and
31environmental safety deficiencies. Commencing July 1, 1993,
32each institution under the control of the state board of
33regents shall expend annually for fire safety and deferred
34maintenance at least the amount budgeted for these purposes
35for the fiscal year beginning July 1, 1992, in addition to any
-1011-1moneys appropriated from the general fund for these purposes in
2succeeding years.
3 Sec. 1655. Section 272C.1, subsection 6, paragraphs af and
4ag, Code 2023, are amended to read as follows:
5af. The department of public safety inspections, appeals,
6and licensing, in licensing fire protection system installers
7and maintenance workers pursuant to chapter 100D.
8ag. The superintendent of the division of banking director
9 of the department of commerce inspections, appeals, and
10licensing in registering and supervising appraisal management
11companies pursuant to chapter 543E.
12 Sec. 1656. Section 272C.3, subsection 4, paragraph b, Code
132023, is amended to read as follows:
14b. All health care boards shall file written decisions
15which specify the sanction entered by the board with the Iowa
16 department of public health inspections, appeals, and licensing
17 which shall be available to the public upon request. All
18non-health care boards shall have on file the written and
19specified decisions and sanctions entered by the board and
20shall be available to the public upon request.
21 Sec. 1657. Section 272C.4, subsection 9, Code 2023, is
22amended to read as follows:
239. Require each health care licensing board to file with
24the Iowa department of public health inspections, appeals,
25and licensing a copy of each decision of the board imposing
26licensee discipline. Each non-health care board shall have on
27file a copy of each decision of the board imposing licensee
28discipline which copy shall be properly dated and shall be in
29simple language and in the most concise form consistent with
30clearness and comprehensiveness of subject matter.
31 Sec. 1658. Section 279.49, subsection 3, Code 2023, is
32amended to read as follows:
333. The facilities housing a program operated under this
34section shall comply with standards adopted by the state fire
35marshal director of the department of inspections, appeals,
-1012-1and licensing for school buildings under chapter 100 10A,
2subchapter V, part 2. In addition, if a program involves
3children who are younger than school age, the facilities
4housing those children shall meet the fire safety standards
5which would apply to that age of child in a child care facility
6licensed by the department of human services.
7 Sec. 1659. Section 292.2, subsection 7, unnumbered
8paragraph 1, Code 2023, is amended to read as follows:
9The department shall form a task force to review
10applications for financial assistance and provide
11recommendations to the school budget review committee. The
12task force shall include, at a minimum, representatives from
13the kindergarten through grade twelve education community, the
14state fire marshal director of the department of inspections,
15appeals, and licensing, and individuals knowledgeable in school
16infrastructure and construction issues. The department,
17in consultation with the task force, shall establish the
18parameters and the details of the criteria for awarding grants
19based on the information listed in subsection 3, including
20greater priority to the following:
21 Sec. 1660. Section 323.4A, subsection 2, paragraph b, Code
222023, is amended to read as follows:
23b. Using a dispenser to dispense ethanol blended gasoline,
24including gasoline with a specified blend or a range of
25blends under chapter 214A, if the dispenser is approved as
26required by the state fire marshal director of the department
27of inspections, appeals, and licensing for dispensing the
28specified blend or range of blends, including as provided in
29section 455G.31.
30 Sec. 1661. Section 423E.6, subsections 2, 3, and 4, Code
312023, are amended to read as follows:
322. The funds shall be allocated to the school budget
33review committee to develop a school infrastructure safety
34fund grant program, in conjunction with the state fire marshal
35 director of the department of inspections, appeals, and
-1013-1licensing. For purposes of reviewing grant applications and
2making recommendations regarding the administration of the
3program, the state fire marshal director of the department of
4inspections, appeals, and licensing shall be considered an
5additional voting member of the school budget review committee.
63. Top priority in awarding program grants shall be the
7making of school infrastructure improvements relating to fire
8and personal safety. School districts eligible for program
9grants shall have received an order or citation from the
10state fire marshal director of the department of inspections,
11appeals, and licensing, or a fire department chief or fire
12prevention officer, for one or more fire safety violations
13regarding a school facility, or in the opinion of the state
14fire marshal director of the department of inspections,
15appeals, and licensing shall be regarded as operating
16facilities subject to significant fire safety deficiencies.
17Grant awards shall also be available for defects or violations
18of the state building code, as adopted pursuant to section
19103A.7, revealed during an inspection of school facilities by
20a local building department, or for improvements consistent
21with the standards and specifications contained in the state
22building code regarding ensuring that buildings and facilities
23are accessible to and functional for persons with disabilities.
24The school budget review committee shall allocate program
25funds to school districts which, in its discretion, are
26determined to be faced with the most severe deficiencies.
27School districts applying for program grants shall have
28developed and submitted to the state fire marshal director of
29the department of inspections, appeals, and licensing or local
30building department a written plan to remedy fire or safety
31defects within a specified time frame. Approval of the written
32plan by the state fire marshal director of the department
33of inspections, appeals, and licensing or local building
34department shall be obtained prior to receipt of a grant award
35by a school district.
-1014- 14. Application forms, submission dates for applications and
2for written plans to remedy fire or safety defects, and grant
3award criteria shall be developed by the state department of
4education, in coordination with the state fire marshal director
5of the department of inspections, appeals, and licensing, by
6rule.
7 Sec. 1662. Section 455B.390, subsection 3, Code 2023, is
8amended to read as follows:
93. The storage, transportation, handling, or use of
10flammable liquids, combustibles, and explosives, control over
11which is exercised by the state fire marshal director of the
12department of inspections, appeals, and licensing under chapter
13100 10A, subchapter V, part 2.
14 Sec. 1663. Section 455B.474, subsection 10, unnumbered
15paragraph 1, Code 2023, is amended to read as follows:
16Requirements that persons and companies performing or
17providing services for underground storage tank installations,
18installation inspections, testing, permanent closure of
19underground storage tanks by removal or filling in place, and
20other closure activities as defined by rules adopted by the
21commission be certified by the department. This provision does
22not apply to persons performing services in their official
23capacity and as authorized by the state fire marshal’s office
24 department of inspections, appeals, and licensing or fire
25departments of political subdivisions of the state. The rules
26adopted by the commission shall include all of the following:
27 Sec. 1664. Section 455B.474, subsection 10, paragraph c,
28Code 2023, is amended to read as follows:
29c. Requiring a written examination developed and
30administered by the department or by some other qualified
31public or private entity identified by the department.
32The department may contract with a public or private
33entity to administer the department’s examination or a
34department-approved third party examination. The examination
35shall, at a minimum, be sufficient to establish knowledge of
-1015-1all applicable underground storage tank rules adopted under
2this section, private industry standards, federal standards,
3and other applicable standards adopted by the state fire
4marshal’s office department of inspections, appeals, and
5licensing pursuant to chapter 101.
6 Sec. 1665. Section 455G.31, subsection 2, Code 2023, is
7amended to read as follows:
82. Subject to section 455G.32, a retail dealer may use
9gasoline storage and dispensing infrastructure to store and
10dispense ethanol blended gasoline classified as E-9 or higher
11if the department under this subchapter or the state fire
12marshal director of the department of inspections, appeals,
13and licensing under chapter 101 determines that the gasoline
14infrastructure is compatible with the classification of ethanol
15blended gasoline being used.
16 Sec. 1666. Section 455G.33, subsection 2, paragraph b, Code
172023, is amended to read as follows:
18b. Approved by the department or state fire marshal director
19of the department of inspections, appeals, and licensing
20 subject to conditions determined necessary by the department or
21state fire marshal director of the department of inspections,
22appeals, and licensing. The department or state fire marshal
23 director of the department of inspections, appeals, and
24licensing may waive the requirement in paragraph “a” upon
25satisfaction that a substitute requirement serves the same
26purpose.
27 Sec. 1667. Section 542.4, subsection 1, unnumbered
28paragraph 1, Code 2023, is amended to read as follows:
29An Iowa accountancy examining board is created within the
30professional licensing and regulation bureau of the banking
31division of the department of commerce inspections, appeals,
32and licensing to administer and enforce this chapter.
33 Sec. 1668. Section 542.4, subsection 6, Code 2023, is
34amended to read as follows:
356. The administrator director of the professional licensing
-1016-1and regulation bureau of the banking division of the department
2of commerce inspections, appeals, and licensing shall provide
3staffing assistance to the board for implementing this chapter.
4 Sec. 1669. Section 542B.3, Code 2023, is amended to read as
5follows:
6542B.3 Engineering and land surveying examining board
7created.
8An engineering and land surveying examining board is
9created within the professional licensing and regulation
10bureau of the banking division of the department of commerce
11 inspections, appeals, and licensing. The board consists of
12three members who are licensed professional engineers, two
13members who are licensed professional land surveyors, and
14two members who are not licensed professional engineers or
15licensed professional land surveyors and who shall represent
16the general public. An individual who is licensed as both
17a professional engineer and a professional land surveyor may
18serve to satisfy the board membership requirement for either
19a licensed professional engineer or a licensed professional
20land surveyor, but not both. Members shall be appointed
21by the governor subject to confirmation by the senate. A
22licensed member shall be actively engaged in the practice of
23engineering or land surveying and shall have been so engaged
24for five years preceding the appointment, the last two of which
25shall have been in Iowa. Insofar as practicable, licensed
26engineer members of the board shall be from different branches
27of the profession of engineering. Professional associations
28or societies composed of licensed engineers or licensed land
29surveyors may recommend the names of potential board members
30whose profession is representative of that association or
31society to the governor. However, the governor is not bound by
32the recommendations. A board member shall not be required to
33be a member of any professional association or society composed
34of professional engineers or professional land surveyors.
35 Sec. 1670. Section 542B.9, Code 2023, is amended to read as
-1017-1follows:
2542B.9 Organization of the board — staff.
3The board shall elect annually from its members a
4chairperson and a vice chairperson. The administrator director
5 of the professional licensing and regulation bureau of the
6banking division of the department of commerce inspections,
7appeals, and licensing shall hire and provide staff to assist
8the board in implementing this chapter. The board shall hold
9at least one meeting at the location of the board’s principal
10office, and meetings shall be called at other times by the
11administrator director or the director’s designee at the
12request of the chairperson or four members of the board. At
13any meeting of the board, a majority of members constitutes a
14quorum.
15 Sec. 1671. Section 543B.8, subsections 1 and 5, Code 2023,
16are amended to read as follows:
171. A real estate commission is created within the
18professional licensing and regulation bureau of the banking
19division of the department of commerce inspections, appeals,
20and licensing. The commission consists of five members
21licensed under this chapter and two members not licensed under
22this chapter and who shall represent the general public.
23Commission members shall be appointed by the governor subject
24to confirmation by the senate.
255. The administrator director of the professional licensing
26and regulation bureau of the banking division department of
27inspections, appeals, and licensing shall hire and provide
28staff to assist the commission with implementing this chapter.
29The administrator of the professional licensing and regulation
30bureau of the banking division of the department of commerce
31 and shall hire a real estate education director to assist
32the commission in administering education programs for the
33commission.
34 Sec. 1672. Section 543B.14, Code 2023, is amended to read
35as follows:
-1018- 1543B.14 Fees and expenses.
2All fees and charges collected by the real estate commission
3under this chapter shall be paid into the general fund of the
4state, except that twenty-five dollars from each real estate
5salesperson’s license fee and each broker’s license fee is
6appropriated to the professional licensing and regulation
7bureau of the banking division of the department of commerce
8 shall be appropriated to the department of inspections,
9appeals, and licensing for the purpose of hiring and
10compensating a real estate education director and regulatory
11compliance personnel. All expenses incurred by the commission
12under this chapter, including compensation of staff assigned
13to the commission, shall be paid from funds appropriated for
14those purposes.
15 Sec. 1673. Section 543D.2, Code 2023, is amended by adding
16the following new subsection:
17 NEW SUBSECTION. 9A. “Director” means the director of
18the department of inspections, appeals, and licensing or the
19director’s designee.
20 Sec. 1674. Section 543D.2, subsection 14, Code 2023, is
21amended by striking the subsection.
22 Sec. 1675. Section 543D.4, subsection 1, Code 2023, is
23amended to read as follows:
241. A real estate appraiser examining board is established
25within the banking division of the department of commerce
26 inspections, appeals, and licensing. The board consists of
27seven members, two of whom shall be public members and five of
28whom shall be certified real estate appraisers.
29 Sec. 1676. Section 543D.5, subsection 1, Code 2023, is
30amended to read as follows:
311. The board shall adopt rules establishing uniform
32appraisal standards and appraiser certification requirements
33and other rules necessary to administer and enforce this
34chapter and its responsibilities under chapter 272C, subject to
35the superintendent’s director’s supervision and authority under
-1019-1section 543D.23. The board shall consider and may incorporate
2any standards required or recommended by the appraisal
3foundation or by a federal agency with regulatory authority
4over appraisal standards or the certification of appraisers for
5federally related transactions.
6 Sec. 1677. Section 543D.6, subsection 2, Code 2023, is
7amended to read as follows:
82. All fees collected by the board shall be deposited into
9the department of commerce revolving fund created in section
10546.12 and are appropriated to the superintendent director on
11behalf of the board to be used to administer this chapter,
12including but not limited to purposes such as examinations,
13investigations, and administrative staffing. Notwithstanding
14section 8.33, moneys retained by the superintendent director
15 pursuant to this section are not subject to reversion to the
16general fund of the state. However, the appraisal management
17company national registry fees the board collects on behalf of
18the appraisal subcommittee as defined in section 543E.3 shall
19be transmitted to the appraisal subcommittee in accordance with
20federal laws and regulations.
21 Sec. 1678. Section 543D.23, Code 2023, is amended to read
22as follows:
23543D.23 Superintendent Director supervision and authority.
241. The superintendent director shall supervise the
25board and manage the board’s budget and retained fees.
26The superintendent director may exercise all authority
27conferred upon the board under this chapter and shall have
28access to all records and information to which the board
29has access. In supervising the board, the superintendent
30 director shall independently evaluate the substantive merits
31of actions recommended or proposed by the board which may
32be anticompetitive and shall have the authority to review,
33approve, modify, or reject all board actions including but not
34limited to those taken in connection with any of the following:
35a. Initial or reciprocal certification of real estate
-1020-1appraisers, registration of associate real estate appraisers,
2and temporary practice permits.
3b. Disciplinary investigations and proceedings.
4c. Investigations and proceedings under section 543D.21.
5d. Rulemaking under chapter 17A, including orders on
6petitions for rulemaking.
7e. Orders on petitions for declaratory orders or waivers.
82. A person aggrieved by any final action of the board taken
9under this chapter shall not have exhausted administrative
10remedies until the person has appealed the action to the
11superintendent director and the superintendent director has
12issued a final decision or order.
133. The superintendent director shall adopt rules to
14implement this section.
15 Sec. 1679. Section 543E.3, subsection 1, Code 2023, is
16amended by striking the subsection.
17 Sec. 1680. Section 543E.3, subsection 8, Code 2023, is
18amended to read as follows:
198. “Appraiser panel” means a network, list, or roster of
20certified appraisers who are independent contractors with
21an appraisal management company and who have been selected
22and approved by the appraisal management company to perform
23appraisals directly for the appraisal management company or
24for persons that have ordered appraisals through the appraisal
25management company. Appraisers on an appraisal management
26company’s appraiser panel may include both appraisers engaged
27to perform one or more appraisals for covered transactions or
28for secondary mortgage market participants in connection with
29covered transactions, and appraisers accepted by the appraisal
30management company for consideration for future appraisal
31assignments for such purposes, as the administrator director
32 may further provide by rule.
33 Sec. 1681. Section 543E.3, Code 2023, is amended by adding
34the following new subsection:
35 NEW SUBSECTION. 13A. “Director” means the director of
-1021-1the department of inspections, appeals, and licensing or the
2director’s designee.
3 Sec. 1682. Section 543E.4, Code 2023, is amended to read as
4follows:
5543E.4 Registration required.
6A person shall not directly or indirectly engage in or
7attempt to engage in business as an appraisal management
8company or advertise or hold itself out as engaging in or
9conducting business as an appraisal management company in
10this state without first registering with the administrator
11 director.
12 Sec. 1683. Section 543E.6, subsection 2, Code 2023, is
13amended to read as follows:
142. A person who directly or indirectly owns more than
15ten percent of an appraisal management company in this
16state shall be of good moral character, as prescribed by
17rules adopted by the administrator director consistent with
18applicable federal law and regulations, and shall submit to a
19background investigation, as prescribed by rules adopted by the
20administrator director consistent with applicable federal law
21and regulations.
22 Sec. 1684. Section 543E.7, subsections 1 and 3, Code 2023,
23are amended to read as follows:
241. An appraisal management company registered or applying
25for registration in this state shall designate a controlling
26person who shall be the main contact for all communications
27between the administrator director and the appraisal management
28company, and who shall be responsible for assuring the
29appraisal management company complies with the provisions of
30this chapter when performing appraisal management services in
31connection with real estate located in this state.
323. The designated controlling person shall be of good moral
33character, as prescribed by rules adopted by the administrator
34 director consistent with applicable federal law and
35regulations, and shall submit to a background investigation,
-1022-1as prescribed by rules adopted by the administrator director
2 consistent with applicable federal law and regulations.
3 Sec. 1685. Section 543E.8, subsection 1, Code 2023, is
4amended to read as follows:
51. An application for registration as an appraisal
6management company shall be submitted on a form prescribed by
7the administrator director.
8 Sec. 1686. Section 543E.8, subsection 2, paragraphs b, c,
9and f, Code 2023, are amended to read as follows:
10b. The names and contact information for all persons
11who directly or indirectly own more than ten percent of the
12applicant and for the controlling person designated pursuant
13to section 543E.7, and such additional information the
14administrator director may need to enforce section 543E.6,
15subsection 1.
16c. Information as reasonably necessary to establish the size
17of the applicant’s nationwide and Iowa appraiser panels, in
18accordance with rules adopted by the administrator director.
19f. Any additional information that is reasonably needed
20for the administrator director to implement the provisions of
21this chapter and assure that the applicant is eligible for
22registration under this chapter.
23 Sec. 1687. Section 543E.9, Code 2023, is amended to read as
24follows:
25543E.9 Registration renewal.
261. A registration issued under this chapter shall be valid
27for one year as provided by rule.
282. An application to renew registration shall be submitted
29in the form and in the manner prescribed by the administrator
30 director. The administrator director may further require
31periodic disclosures of changes impacting registration, such as
32a change in ownership or the designated controlling person.
333. An application to renew registration shall contain the
34information described in section 543E.8, subsection 2.
354. A registration issued under this chapter shall lapse if
-1023-1not timely renewed, in accordance with rules adopted by the
2administrator director.
35. A person holding a lapsed registration shall not directly
4or indirectly engage in or attempt to engage in business as an
5appraisal management company or advertise or hold itself out as
6engaging in or conducting business as an appraisal management
7company in this state until the registration has been
8reinstated under the process prescribed by the administrator
9 director by rule.
10 Sec. 1688. Section 543E.10, Code 2023, is amended to read
11as follows:
12543E.10 Fees.
131. The administrator director shall by rule establish fees
14for registration, renewal, reinstatement, and such additional
15fees as are reasonably necessary for the administration of this
16chapter. The fees shall be established in consideration of
17the costs of administering this chapter and the actual cost
18of the specific service to be provided or performed. The
19administrator director shall periodically review and adjust the
20schedule of fees as needed to cover projected expenses.
212. Except as provided in subsection 3, all fees collected
22under this chapter shall be deposited into the department of
23 commerce revolving fund created in section 546.12 and are
24appropriated to the administrator director to be used to
25administer this chapter including but not limited to purposes
26such as examinations, investigations, and administrative
27staffing. Notwithstanding section 8.33, moneys appropriated
28pursuant to this subsection are not subject to reversion to the
29general fund of the state.
303. The administrator director shall also collect the
31appraisal management company national registry fee from each
32appraisal management company seeking to register in this state
33and from federally regulated appraisal management companies
34operating in this state. The administrator director shall
35transfer all appraisal management company national registry
-1024-1fees collected by the administrator director to the appraisal
2subcommittee.
3 Sec. 1689. Section 543E.12, subsections 3 and 4, Code 2023,
4are amended to read as follows:
53. An appraisal management company that has a reasonable
6basis to believe an appraiser has materially failed to comply
7with the uniform standards of professional appraisal practice
8or has otherwise materially violated chapter 543D or this
9chapter shall refer the matter to the administrator director
10 in conformance with applicable federal law and regulations.
11An appraisal management company that has a reasonable basis
12to believe another appraisal management company is failing
13to comply with the provisions of this chapter shall refer
14the matter to the administrator director in conformance with
15section 272C.9, subsection 2.
164. An appraiser who is employed by or is on the appraiser
17panel of an appraisal management company registered under this
18chapter who has a reasonable basis to believe the appraisal
19management company is in violation of this chapter shall refer
20the matter to the administrator director.
21 Sec. 1690. Section 543E.13, subsection 1, Code 2023, is
22amended to read as follows:
231. An appraisal management company shall maintain a
24detailed record of each service request the appraisal
25management company receives involving real estate located in
26this state and the identity of the appraiser who performs the
27appraisal assignment. All such records shall be maintained for
28at least five years after the request is sent by the appraisal
29management company to the appraiser or the completion of the
30appraisal report, whichever period expires later. An appraisal
31management company shall maintain such additional records
32regarding appraisal management services performed in this state
33as the administrator director may specify by rule.
34 Sec. 1691. Section 543E.15, subsection 4, Code 2023, is
35amended to read as follows:
-1025- 14. Remove an appraiser from an appraiser panel without prior
2written notice that identifies the basis for removal. Upon
3request or in conjunction with an examination, an appraisal
4management company shall forward to the administrator director
5 copies of such notices issued to an appraiser located or
6certified in Iowa.
7 Sec. 1692. Section 543E.17, subsection 1, unnumbered
8paragraph 1, Code 2023, is amended to read as follows:
9After notice and hearing, the administrator director may
10revoke, suspend, or refuse to issue, renew, or reinstate
11a registration; reprimand, censure, or limit the scope of
12practice of any registrant; impose a civil penalty not to
13exceed ten thousand dollars per violation; require remedial
14action; or place any registrant on probation; all with or
15without terms, conditions, or in combinations of remedies, for
16any one or more of the following reasons:
17 Sec. 1693. Section 543E.17, subsection 2, unnumbered
18paragraph 1, Code 2023, is amended to read as follows:
19When determining whether to initiate a disciplinary
20proceeding against an appraisal management company based
21on actions or omissions by an employee, owner, director,
22controlling person, or other agent of the appraisal
23management company, the administrator director shall take into
24consideration all of the following:
25 Sec. 1694. Section 543E.18, Code 2023, is amended to read
26as follows:
27543E.18 Unlawful practice — complaints and investigations —
28remedies and penalties.
291. If, as the result of a complaint or otherwise, the
30administrator director believes that a person has engaged, or
31is about to engage, in an act or practice that constitutes or
32will constitute a violation of this chapter, the administrator
33 director may make application to the district court for an
34order enjoining such act or practice. Upon a showing by the
35administrator director that such person has engaged, or is
-1026-1about to engage, in any such act or practice, an injunction,
2restraining order, or other order as may be appropriate shall
3be granted by the district court.
42. The administrator director may investigate a complaint
5or initiate a complaint against a person who is not registered
6under this chapter to determine whether grounds exist to make
7application to the district court pursuant to subsection 1 or
8to issue an order pursuant to subsection 3, and in connection
9with such complaint or investigation may issue subpoenas to
10compel witnesses to testify or persons to produce evidence
11consistent with the provisions of section 272C.6, subsection
123, as needed to determine whether probable cause exists to
13initiate a proceeding under this section or to make application
14to the district court for an order enjoining a violation of
15this chapter.
163. In addition to or as an alternative to making application
17to the district court for an injunction, the administrator
18 director may issue an order to a person who is not registered
19under this chapter to require compliance with this chapter
20and may impose a civil penalty against such person for any
21violation specified in subsection 4 in an amount up to ten
22thousand dollars for each violation. All civil penalties
23collected pursuant to this section shall be deposited in the
24housing trust fund created in section 16.181. An order issued
25pursuant to this section may prohibit a person from applying
26for registration under this chapter or certification or
27registration under chapter 543D.
284. The administrator director may impose a civil penalty
29against a person who is not registered under this chapter for
30any of the following:
31a. A violation of section 543E.4.
32b. A violation of section 543D.18A, subsection 1.
33c. Fraud, deceit, or deception, through act or omission,
34in connection with an application for registration under this
35chapter.
-1027- 15. The administrator director, before issuing an order
2under this section, shall provide the person written notice
3and the opportunity to request a hearing. The hearing must
4be requested within thirty days after receipt of the notice
5and shall be conducted in the same manner as provided for
6disciplinary proceedings involving a registrant under this
7chapter.
86. A person aggrieved by the imposition of a civil penalty
9under this section may seek judicial review pursuant to section
1017A.19.
117. If a person fails to pay a civil penalty within thirty
12days after entry of an order imposing the civil penalty, or if
13the order is stayed pending an appeal, within ten days after
14the court enters a final judgment in favor of the administrator
15 director, the administrator director shall notify the attorney
16general. The attorney general may commence an action to
17recover the amount of the penalty, including reasonable
18attorney fees and costs.
198. An action to enforce an order under this section may be
20joined with an action for an injunction.
21 Sec. 1695. Section 543E.19, Code 2023, is amended to read
22as follows:
23543E.19 Surety bond.
241. The administrator director shall require that an
25appraisal management company be covered by a surety bond in the
26amount of twenty-five thousand dollars.
272. The surety bond shall be in a form as prescribed by
28the administrator director. The administrator director may,
29pursuant to rule, determine requirements for such surety
30bonds as are necessary to accomplish the purposes of this
31chapter. The requirements for a surety bond shall only relate
32to liabilities, damages, losses, or claims arising out of
33the appraisal management services performed by the appraisal
34management company involving real estate located in this state.
35The bond shall provide that a person having a claim against an
-1028-1appraisal management company may bring suit directly on the
2bond or the administrator director may bring suit on behalf of
3such person.
4 Sec. 1696. Section 543E.20, subsections 1, 3, 4, and 5, Code
52023, are amended to read as follows:
61. The administrator director is vested with broad
7administrative authority to administer, interpret, and enforce
8this chapter and to promulgate rules implementing this chapter.
93. The administrator director may conduct periodic
10examinations of applicants or registrants under this chapter as
11reasonably necessary to assure compliance with all or specific
12provisions of this chapter. All papers, documents, examination
13reports, and other records relating to such examinations shall
14be confidential as provided in section 272C.6, subsection 4,
15except as provided in this section.
164. The administrator director may adopt rules governing
17an appraiser’s use of associate real estate appraisers while
18performing appraisal assignments subject to this chapter.
19Associate real estate appraisers may provide appraisal services
20under the supervision of a certified appraiser as provided
21in chapter 543D and associated rules, but shall not be on an
22appraiser panel of an appraisal management company.
235. The administrator director may require a national
24criminal history check through the federal bureau of
25investigation or, if authorized by federal law or regulation,
26the nationwide mortgage licensing system and registry,
27as defined in section 535D.3, when conducting background
28investigations under this chapter. Except as inconsistent with
29the registry, the following shall apply:
30a. The administrator director may require owners and
31controlling persons who are subject to the background
32investigation provisions of sections 543E.6 and 543E.7 to
33provide a full set of fingerprints, in a form and manner
34prescribed by the administrator director. Such fingerprints,
35if required, shall be submitted to the federal bureau of
-1029-1investigation through the state criminal history repository for
2purposes of the national criminal history check.
3b. The administrator director may also request and obtain,
4notwithstanding section 692.2, subsection 5, criminal history
5data for owners and controlling persons who are subject to the
6background investigation provisions of sections 543E.6 and
7543E.7. A request for criminal history data shall be submitted
8to the department of public safety, division of criminal
9investigation, pursuant to section 692.2, subsection 1.
10c. The administrator director shall inform such owners and
11controlling persons of the requirement of a national criminal
12history check or request for criminal history data and obtain
13a signed waiver from the applicant, certificate holder, or
14registrant prior to requesting the check or data.
15d. The administrator director may, in addition to any other
16fees, charge and collect such amounts as may be incurred by the
17administrator director, the department of public safety, or the
18federal bureau of investigation in obtaining criminal history
19information. Amounts collected shall be considered repayment
20receipts as defined in section 8.2.
21e. Criminal history data and other criminal history
22information relating to affected owners or controlling persons,
23or their appraisal management companies obtained by the
24administrator director pursuant to this section shall remain
25confidential. Such information may, however, be used by the
26administrator director in a registration denial, enforcement,
27or disciplinary proceeding.
28 Sec. 1697. Section 543E.20, subsection 2, unnumbered
29paragraph 1, Code 2023, is amended to read as follows:
30In addition to the duties and powers conferred upon the
31administrator director in this chapter, the administrator
32 director shall have the authority to adopt such rules as are
33reasonably necessary to assure the administrator’s director’s
34 registration and supervision of appraisal management companies
35comply with the minimum requirements of 12 U.S.C. §3352 and
-1030-1related federal laws and regulations, with respect to any of
2the following:
3 Sec. 1698. Section 544A.1, subsection 2, Code 2023, is
4amended to read as follows:
52. The architectural examining board is created within the
6professional licensing and regulation bureau of the banking
7division of the department of commerce inspections, appeals,
8and licensing. The board consists of five members who possess
9a license issued under section 544A.9 and who have been in
10active practice of architecture for not less than five years,
11the last two of which shall have been in Iowa, and two members
12who do not possess a license issued under section 544A.9
13and who shall represent the general public. Members shall
14be appointed by the governor subject to confirmation by the
15senate.
16 Sec. 1699. Section 544A.5, Code 2023, is amended to read as
17follows:
18544A.5 Duties.
19The architectural examining board shall enforce this
20chapter, shall adopt rules pursuant to chapter 17A for the
21examination of applicants for the license provided by this
22chapter, and shall, after due public notice, hold meetings each
23year for the purpose of examining applicants for licensure
24and the transaction of business pertaining to the affairs of
25the board. Examinations shall be given as often as deemed
26necessary, but not less than annually. Action at a meeting
27shall not be taken without the affirmative votes of a majority
28of the members of the board. The administrator director of the
29professional licensing and regulation bureau of the banking
30division of the department of commerce inspections, appeals,
31and licensing shall hire and provide staff to assist the board
32with implementing this chapter.
33 Sec. 1700. Section 544B.3, subsection 1, Code 2023, is
34amended to read as follows:
351. A landscape architectural examining board is created
-1031-1within the professional licensing and regulation bureau of the
2banking division of the department of commerce inspections,
3appeals, and licensing. The board consists of five members
4who are professional landscape architects and two members
5who are not professional landscape architects and who shall
6represent the general public. Members shall be appointed by
7the governor, subject to confirmation by the senate. Four of
8the five professional members shall be actively engaged in the
9practice of landscape architecture or the teaching of landscape
10architecture in an accredited college or university, and shall
11have been so engaged for five years preceding appointment,
12the last two of which shall have been in Iowa. One of the
13five professional members shall be actively engaged in the
14practice of landscape architecture or the teaching of landscape
15architecture in an accredited college or university, and may
16have been so engaged for fewer than five years preceding
17appointment but at least one year preceding appointment.
18Associations or societies composed of professional landscape
19architects may recommend the names of potential board members
20to the governor. However, the governor is not bound by the
21recommendations. A board member shall not be required to be a
22member of any professional association or society composed of
23professional landscape architects.
24 Sec. 1701. Section 544B.5, Code 2023, is amended to read as
25follows:
26544B.5 Duties.
27The board shall enforce this chapter and shall make rules
28for the examination of applicants for licensure. The board
29shall keep a record of its proceedings. The board shall adopt
30an official seal which shall be affixed to all certificates
31of licensure granted. The board may make other rules, not
32inconsistent with law, as necessary for the proper performance
33of its duties. The board shall maintain a roster showing
34the name, place of business, and residence, and the date and
35number of the certificate of licensure of every professional
-1032-1landscape architect in this state. The administrator of the
2professional licensing and regulation bureau of the banking
3division director of the department of commerce inspections,
4appeals, and licensing shall hire and provide staff to assist
5the board in implementing this chapter.
6 Sec. 1702. Section 544C.1, subsection 2, Code 2023, is
7amended by striking the subsection and inserting in lieu
8thereof the following:
92. “Department” means the department of inspections,
10appeals, and licensing.
11 Sec. 1703. Section 544C.2, subsection 1, Code 2023, is
12amended to read as follows:
131. An interior design examining board is established
14within the bureau department. The board consists of seven
15members: five members who are interior designers who are
16registered under this chapter and who have been in the active
17practice of interior design for not less than five years, the
18last two of which shall have been in Iowa; and two members who
19are not registered under this chapter and who shall represent
20the general public. Members shall be appointed by the governor
21subject to confirmation by the senate.
22 Sec. 1704. Section 544C.3, subsection 2, Code 2023, is
23amended to read as follows:
242. The administrator director of the bureau department
25 shall provide staff to assist the board in the implementation
26of this chapter.
27 Sec. 1705. Section 544C.5, unnumbered paragraph 1, Code
282023, is amended to read as follows:
29Each applicant for registration must meet the interior
30design education and practical training requirements adopted by
31rule by the board, and have passed an examination prescribed
32by the board that is task-oriented, focused on public
33safety, and validated by a recognized testing agency. The
34bureau department shall register an individual who submits
35an application to the board on the form and in the manner
-1033-1prescribed by the board as a registered interior designer if
2the individual satisfies the following requirements:
3 Sec. 1706. Section 546.3, subsection 2, Code 2023, is
4amended by striking the subsection.
5 Sec. 1707. Section 546.10, Code 2023, is amended to read as
6follows:
7546.10 Professional licensing Licensing and regulation bureau
8— superintendent of banking of business and commerce-related
9professions.
101. a. The professional licensing and regulation bureau of
11the banking division department shall administer and coordinate
12the licensing and regulation of several professions by bringing
13together the following licensing boards:
14a. (1) The engineering and land surveying examining board
15created pursuant to chapter 542B.
16b. (2) The Iowa accountancy examining board created
17pursuant to chapter 542.
18c. (3) The real estate commission created pursuant to
19chapter 543B.
20(4) The real estate appraiser examining board created
21pursuant to chapter 543D.
22d. (5) The architectural examining board created pursuant
23to chapter 544A.
24e. (6) The landscape architectural examining board created
25pursuant to chapter 544B.
26f. (7) The interior design examining board created pursuant
27to chapter 544C.
28b. The director shall administer chapter 543E.
292. The bureau is headed by the administrator of professional
30licensing and regulation who shall be the superintendent
31of banking. The administrator director shall appoint and
32supervise staff and shall coordinate activities for the
33licensing boards within the bureau department pursuant to
34subsection 1 and for the administration of chapter 543E.
353. a. The licensing and regulation examining boards
-1034-1included in the bureau pursuant to subsection 1 retain the
2powers granted them pursuant to the chapters in which they
3are created, except for budgetary and personnel matters which
4shall be handled by the administrator director. Each licensing
5board shall adopt rules pursuant to chapter 17A. Decisions by
6a licensing board are final agency actions for purposes of
7chapter 17A.
8b. Notwithstanding subsection 5, eighty-five percent of the
9funds received annually resulting from an increase in licensing
10fees implemented on or after April 1, 2002, by a licensing
11board or commission listed in subsection 1, paragraph “a”,
12subparagraphs (1), (2), (3), (5), (6), and (7), is appropriated
13to the professional licensing and regulation bureau department
14 to be allocated to the board or commission for the fiscal
15year beginning July 1, 2002, and succeeding fiscal years, for
16purposes related to the duties of the board or commission,
17including but not limited to additional full-time equivalent
18positions. In addition, notwithstanding subsection 5,
19twenty-five dollars from each real estate salesperson’s license
20fee and each broker’s license fee received pursuant to section
21543B.14 is appropriated to the professional licensing and
22regulation bureau department for the purpose of hiring and
23compensating a real estate education director and regulatory
24compliance personnel. The director of the department of
25administrative services shall draw warrants upon the treasurer
26of state from the funds appropriated as provided in this
27section and shall make the funds available to the professional
28licensing and regulation bureau department on a monthly basis
29during each fiscal year.
304. The professional licensing and regulation bureau of
31the banking division of the department of commerce may expend
32additional funds, including funds for additional personnel, if
33those additional expenditures are directly the cause of actual
34examination expenses exceeding funds budgeted for examinations.
35Before the bureau department expends or encumbers an amount in
-1035-1excess of the funds budgeted for examinations, the director of
2the department of management shall approve the expenditure or
3encumbrance. Before approval is given, the director of the
4department of management shall determine that the examination
5expenses exceed the funds budgeted by the general assembly to
6the bureau department and the bureau department does not have
7other funds from which the expenses can be paid. Upon approval
8of the director of the department of management, the bureau
9 department may expend and encumber funds for excess examination
10expenses. The amounts necessary to fund the examination
11expenses shall be collected as fees from additional examination
12applicants and shall be treated as repayment receipts as
13defined in section 8.2, subsection 8.
145. Fees collected under chapters 542, 542B, 543B, 544A,
15544B, and 544C shall be paid to the treasurer of state and
16credited to the general fund of the state. All expenses
17required in the discharge of the duties and responsibilities
18imposed upon the professional licensing and regulation bureau
19of the banking division of the department of commerce, the
20administrator director, and the licensing boards by the laws
21of this state shall be paid from moneys appropriated by the
22general assembly for those purposes. All fees deposited into
23the general fund of the state, as provided in this subsection,
24shall be subject to the requirements of section 8.60.
256. The licensing boards included in the bureau department
26 pursuant to subsection 1 may refuse to issue or renew a license
27to practice a profession to any person otherwise qualified
28upon any of the grounds for which a license may be revoked
29or suspended or a licensee may otherwise be disciplined, or
30upon any other grounds set out in the chapter governing the
31respective board.
327. The licensing boards included in the bureau department
33 pursuant to subsection 1 may suspend, revoke, or refuse to
34issue or renew a license, or may discipline a licensee based
35upon a suspension, revocation, or other disciplinary action
-1036-1taken by a licensing authority in this or another state,
2territory, or country. For purposes of this subsection,
3“disciplinary action” includes the voluntary surrender of
4a license to resolve a pending disciplinary investigation
5or proceeding. A certified copy of the record or order
6of suspension, revocation, voluntary surrender, or other
7disciplinary action is prima facie evidence of such fact.
88. Notwithstanding any other provision of law to the
9contrary, the licensing boards included within the bureau
10 department pursuant to subsection 1 may by rule establish the
11conditions under which an individual licensed in a different
12jurisdiction may be issued a reciprocal or comity license, if,
13in the board’s discretion, the applicant’s qualifications for
14licensure are substantially equivalent to those required of
15applicants for initial licensure in this state.
169. Notwithstanding section 272C.6, the licensing boards
17included within the bureau department pursuant to subsection
181 may by rule establish the conditions under which the board
19may supply to a licensee who is the subject of a disciplinary
20complaint or investigation, prior to the initiation of a
21disciplinary proceeding, all or such parts of a disciplinary
22complaint, disciplinary or investigatory file, report, or other
23information, as the board in its sole discretion believes would
24aid the investigation or resolution of the matter.
2510. Notwithstanding section 17A.6, subsection 2, the
26licensing boards included within the bureau department pursuant
27to subsection 1 may adopt standards by reference to another
28publication without providing a copy of the publication to the
29administrative code editor if the publication containing the
30standards is readily accessible on the internet at no cost and
31the internet site at which the publication may be found is
32included in the administrative rules that adopt the standard.
3311. Renewal periods for all licenses and certificates of the
34licensing boards included within the bureau department pursuant
35to subsection 1 may be annual or multiyear, as provided by
-1037-1rule.
212. A quorum of a licensing board included within the
3bureau department pursuant to subsection 1 shall be a majority
4of the members of the board and action may be taken upon a
5majority vote of board members present at a meeting who are not
6disqualified.
7 Sec. 1708. Section 710A.7, Code 2023, is amended to read as
8follows:
9710A.7 Peace officer referral.
10If during the course of an investigation or prosecution
11under this chapter a peace officer has reason to believe that
12a person who purports to be licensed pursuant to chapter 152C
13or 157 does not possess a valid license or is in violation of
14any other state or federal laws, the peace officer may report
15such noncompliance to the appropriate licensing board under
16the professional licensure division within the department of
17public health inspections, appeals, and licensing, and to the
18appropriate state or federal authorities.
19 Sec. 1709. Section 727.2, subsection 2, paragraph b,
20subparagraph (2), Code 2023, is amended to read as follows:
21(2) A person who uses or explodes display fireworks while
22the use of such devices is suspended by an order of the state
23fire marshal director of the department of inspections,
24appeals, and licensing pursuant to section 10A.511, subsection
256, commits a simple misdemeanor, punishable by a fine of not
26less than two hundred fifty dollars.
27 Sec. 1710. Section 727.2, subsection 3, paragraph c,
28subparagraph (2), Code 2023, is amended to read as follows:
29(2) A person who uses or explodes consumer fireworks or
30novelties while the use of such devices is suspended by an
31order of the state fire marshal director of the department
32of inspections, appeals, and licensing pursuant to section
3310A.511, subsection 6, commits a simple misdemeanor, punishable
34by a fine of not less than two hundred fifty dollars.
35 Sec. 1711. Section 904.318, subsection 2, Code 2023, is
-1038-1amended to read as follows:
22. The state fire marshal director of the department
3of inspections, appeals, and licensing or the director’s
4designee shall cause an annual inspection to be made of all the
5institutions listed in section 904.102 and shall make a written
6report of the inspection to the director.
7 Sec. 1712. REPEAL. Sections 100D.8 and 100D.9, Code 2023,
8are repealed.
9 Sec. 1713. 2015 Iowa Acts, chapter 138, section 97, is
10amended to read as follows:
11SEC. 97. RESIDENTIAL SWIMMING POOLS — PRIVATE SWIMMING
12LESSONS. Notwithstanding any provision of law to the contrary,
13the department of public health inspections, appeals, and
14licensing shall require that a residential swimming pool used
15for private swimming lessons for up to two hundred seven hours
16in a calendar month, or the number of hours prescribed by local
17ordinance applicable to such use of a residential swimming
18pool, whichever is greater, be regulated as a residential
19swimming pool used for commercial purposes pursuant to chapter
20135I. The department of public health may adopt rules to
21implement this section.
22 Sec. 1714. CODE EDITOR DIRECTIVE.
231. The Code editor is directed to make the following
24transfers:
25a. Section 100.11 to section 10A.513.
26b. Section 100.12 to section 10A.514.
27c. Section 100.13 to section 10A.515.
28d. Section 100.14 to section 10A.516.
29e. Section 100.16 to section 10A.517.
30f. Section 100.18 to section 10A.518.
31g. Section 100.19 to section 10A.519.
32h. Section 100.19A to section 10A.520.
33i. Section 100.26 to section 10A.521.
34j. Section 100.31 to section 10A.522.
35k. Section 100.35 to section 10A.523.
-1039- 1l. Section 100.38 to section 10A.525.
2m. Section 100.39 to section 10A.524.
3n. Section 135.11A to section 10A.503.
4o. Section 135.11B to section 10A.504.
5p. Section 135.31 to section 10A.505.
6q. Section 135.37 to section 10A.531.
7r. Section 135.37A to section 10A.532.
8s. Section 135.105A to section 10A.902.
9t. Section 135.105C to section 10A.903.
10u. Section 546.10 to section 10A.506.
112. The Code editor is directed to rename article V of
12chapter 10A as subchapter V and designate parts as follows:
13a. Subchapter V shall be entitled “Licensing and
14Regulation” and include sections 10A.501 through 10A.534.
15b. Subchapter V, part 1, shall be entitled “General
16Provisions” and include sections 10A.501 through 10A.510.
17c. Subchapter V, part 2, shall be entitled “Fire Control”
18and include sections 10A.511 through 10A.530.
19d. Subchapter V, part 3, shall be entitled “Tattooing and
20Hair Braiding” and include sections 10A.531 through 10A.534.
213. The Code editor is directed to create new subchapter
22IX within chapter 10A which shall be entitled “Lead Abatement
23Program” and include sections 10A.902 and 10A.903.
244. The Code editor may modify subchapter and part titles if
25necessary and is directed to correct internal references in the
26Code as necessary due to enactment of this section.
27 Sec. 1715. TRANSITION PROVISION. All fees collected under
28chapters 543D and 543E and deposited into the department of
29commerce revolving fund created in section 546.12, Code 2023,
30as of the effective date of this division of this Act, shall be
31transferred for deposit in the licensing and regulation fund as
32created in this division of this Act.
33administrative law judges
34 Sec. 1716. Section 8A.415, subsection 1, paragraph b, Code
352023, is amended to read as follows:
-1040- 1b. If not satisfied, the employee may, within thirty
2calendar days following the director’s response, file an
3appeal with the public employment relations board. The
4hearing shall be conducted in accordance with the rules of the
5public employment relations board and the Iowa administrative
6procedure Act, chapter 17A. Decisions rendered shall be based
7upon a standard of substantial compliance with this subchapter
8and the rules of the department. Decisions by the public
9employment relations board constitute final agency action.
10However, if the employee is an administrative law judge
11appointed or employed by the public employment relations board,
12the employee’s appeal shall be heard by an administrative law
13judge employed by the administrative hearings division of the
14department of inspections and appeals in accordance with the
15provisions of section 10A.801, whose decision shall constitute
16final agency action.
17 Sec. 1717. Section 8A.415, subsection 2, paragraph b, Code
182023, is amended to read as follows:
19b. If not satisfied, the employee may, within thirty
20calendar days following the director’s response, file an appeal
21with the public employment relations board. The employee has
22the right to a hearing closed to the public, unless a public
23hearing is requested by the employee. The hearing shall
24otherwise be conducted in accordance with the rules of the
25public employment relations board and the Iowa administrative
26procedure Act, chapter 17A. If the public employment relations
27board finds that the action taken by the appointing authority
28was for political, religious, racial, national origin, sex,
29age, or other reasons not constituting just cause, the employee
30may be reinstated without loss of pay or benefits for the
31elapsed period, or the public employment relations board may
32provide other appropriate remedies. Decisions by the public
33employment relations board constitute final agency action.
34However, if the employee is an administrative law judge
35appointed or employed by the public employment relations board,
-1041-1the employee’s appeal shall be heard by an administrative law
2judge employed by the administrative hearings division of the
3department of inspections and appeals in accordance with the
4provisions of section 10A.801, whose decision shall constitute
5final agency action.
6 Sec. 1718. Section 96.6, subsection 3, paragraph b, Code
72023, is amended to read as follows:
8b. Appeals from the initial determination shall be heard by
9an administrative law judge employed by the department division
10of administrative hearings created by section 10A.801. An
11administrative law judge’s decision may be appealed by any
12party to the employment appeal board created in section 10A.601
13or directly to the district court.
14 Sec. 1719. Section 216.15, subsection 3, paragraph a, Code
152023, is amended to read as follows:
16a. After the filing of a verified complaint, a true copy
17shall be served within twenty days on the person against whom
18the complaint is filed, except as provided in subsection 4.
19An authorized member of the commission staff shall make a
20prompt investigation and shall issue a recommendation to an
21administrative law judge employed either by the commission or
22 by the division of administrative hearings created by section
2310A.801, who shall then issue a determination of probable cause
24or no probable cause.
25 Sec. 1720. Section 256.7, subsection 6, Code 2023, is
26amended to read as follows:
276. Hear appeals of persons aggrieved by decisions of boards
28of directors of school corporations under chapter 290 and
29other appeals prescribed by law. The state board may review
30the record and shall review the decision of the director of
31the department of education or the administrative law judge
32employed by the division of administrative hearings created
33by section 10A.801 and designated for any appeals heard and
34decided by the director under chapter 290, and may affirm,
35modify, or vacate the decision, or may direct a rehearing
-1042-1before the director.
2 Sec. 1721. Section 256B.6, subsection 4, Code 2023, is
3amended to read as follows:
44. Notwithstanding section 17A.11, the state board
5of education shall adopt rules for the appointment of an
6impartial administrative law judge employed by the division
7of administrative hearings created by section 10A.801 for
8special education appeals. The rules shall comply with federal
9statutes and regulations.
10 Sec. 1722. Section 272.14, Code 2023, is amended to read as
11follows:
12272.14 Appointment of administrative law judges.
13The board shall maintain a list of qualified persons
14employed by the division of administrative hearings created
15by section 10A.801 and who are experienced in the educational
16system of this state to serve as administrative law judges when
17a hearing is requested under section 279.24. When requested
18under section 279.24, the board shall submit a list of five
19qualified administrative law judges from the list maintained
20by the board to the parties. The parties shall select one of
21the five qualified persons to conduct the hearing as provided
22in section 279.24. The hearing shall be held pursuant to
23the provisions of chapter 17A relating to contested cases.
24The full costs of the hearing shall be shared equally by the
25parties.
26 Sec. 1723. Section 279.24, subsection 5, paragraph c, Code
272023, is amended to read as follows:
28c. Within five days after receipt of the written notice
29that the school board has voted to consider termination of
30the contract, the administrator may request a private hearing
31in writing to the secretary of the school board. The board
32shall then forward the notification to the board of educational
33examiners along with a request that the board of educational
34examiners submit a list of five qualified administrative law
35judges who are employed by the division of administrative
-1043-1hearings created by section 10A.801 to the parties. Within
2three days from receipt of the list the parties shall select an
3administrative law judge by alternately removing a name from
4the list until only one name remains. The person whose name
5remains shall be the administrative law judge. The parties
6shall determine by lot which party shall remove the first name
7from the list. The private hearing shall be held no sooner
8than twenty days and not later than forty days following the
9administrator’s request unless the parties otherwise agree.
10If the administrator does not request a private hearing,
11the school board, not later than May 31, may determine the
12continuance or discontinuance of the contract and, if the
13board determines to continue the administrator’s contract,
14whether to suspend the administrator with or without pay for a
15period specified by the board. School board action shall be by
16majority roll call vote entered on the minutes of the meeting.
17Notice of school board action shall be personally delivered or
18mailed to the administrator.
19civil rights commission
20 Sec. 1724. Section 216.3, subsection 1, Code 2023, is
21amended to read as follows:
221. The Iowa state civil rights commission shall consist
23 is created within the department of inspections, appeals, and
24licensing consisting of seven members appointed by the governor
25subject to confirmation by the senate. Appointments shall be
26made to provide geographical area representation insofar as
27practicable. No more than four members of the commission shall
28belong to the same political party. Members appointed to the
29commission shall serve for four-year staggered terms beginning
30and ending as provided by section 69.19.
31conforming changes
32 Sec. 1725. Section 8A.412, subsection 19, Code 2023, is
33amended to read as follows:
3419. The superintendent of the banking division of the
35department of commerce, all members of the state banking
-1044-1council, and all employees of the banking division except for
2employees of the professional licensing and regulation bureau
3of the division.
4 Sec. 1726. Section 8A.457, Code 2023, is amended to read as
5follows:
68A.457 Workers’ compensation claims.
7The director shall employ appropriate staff to handle and
8adjust claims of state employees for workers’ compensation
9benefits pursuant to chapter 10A, subchapter III, and
10 chapters 85, 85A, and 85B, and 86, or, with the approval of
11the executive council, contract for the services or purchase
12workers’ compensation insurance coverage for state employees or
13selected groups of state employees. A state employee workers’
14compensation fund is created in the state treasury under the
15control of the department to pay state employee workers’
16compensation claims and administrative costs. The department
17shall establish a rating formula and assess premiums to all
18agencies, departments, and divisions of the state including
19those which have not received an appropriation for the payment
20of workers’ compensation insurance and which operate from
21moneys other than from the general fund of the state. The
22department shall collect the premiums and deposit them into the
23state employee workers’ compensation fund. Notwithstanding
24section 8.33, moneys deposited in the state employee workers’
25compensation fund shall not revert to the general fund of the
26state at the end of any fiscal year, but shall remain in the
27state employee workers’ compensation fund and be continuously
28available to pay state employee workers’ compensation claims.
29The director may, to the extent practicable, contract with
30a private organization to handle the processing and payment
31of claims and services rendered under the provisions of this
32section.
33 Sec. 1727. Section 8A.504, subsection 3, Code 2023, is
34amended to read as follows:
353. In the case of multiple claims to payments filed
-1045-1under this section, priority shall be given to claims filed
2by the child support recovery unit services or the foster
3care recovery unit services, next priority shall be given to
4claims filed by the clerk of the district court, next priority
5shall be given to claims filed by the college student aid
6commission, next priority shall be given to claims filed by
7the investigations division of the department of inspections,
8 and appeals, and licensing relating to investigations by the
9department, and last priority shall be given to claims filed by
10other public agencies. In the case of multiple claims in which
11the priority is not otherwise provided by this subsection,
12priority shall be determined in accordance with rules to be
13established by the director.
14 Sec. 1728. Section 8A.512, subsection 1, paragraph b,
15subparagraph (1), Code 2023, is amended to read as follows:
16(1) Claims by state employees for benefits pursuant to
17chapter 10A, subchapter III, and chapters 85, 85A, and 85B, and
1886 are subject to limitations provided in those chapters.
19 Sec. 1729. Section 13B.1, subsection 3, Code 2023, is
20amended to read as follows:
213. “Department” means the department of inspections, and
22 appeals, and licensing.
23 Sec. 1730. Section 13B.2, Code 2023, is amended to read as
24follows:
2513B.2 Position established.
26The position of state public defender is established within
27the department of inspections, and appeals, and licensing. The
28governor shall appoint the state public defender, who shall
29serve at the pleasure of the governor, subject to confirmation
30by the senate, no less frequently than once every four years,
31whether or not there has been a new state public defender
32appointed during that time, and shall establish the state
33public defender’s salary.
34 Sec. 1731. Section 13B.6, subsection 2, Code 2023, is
35amended to read as follows:
-1046- 12. The department of inspections, and appeals, and
2licensing shall provide internal accounting and related fiscal
3services for the state public defender.
4 Sec. 1732. Section 15.108, subsection 7, paragraph f, Code
52023, is amended to read as follows:
6f. To the extent feasible, cooperate with the department of
7workforce development and the division of workers’ compensation
8of the department of inspections, appeals, and licensing to
9establish a program to educate existing employers and new or
10potential employers on the rates and workings of the state
11unemployment compensation program and the state workers’
12compensation program.
13 Sec. 1733. Section 15E.208, subsection 4, paragraph b, Code
142023, is amended to read as follows:
15b. An agricultural products processor, if the processor or
16a person owning a controlling interest in the processor has
17demonstrated, within the most recent consecutive three-year
18period prior to the application for financing, a continuous and
19flagrant disregard for the health and safety of its employees
20or the quality of the environment. Violations of environmental
21protection statutes, rules, or regulations shall be reported
22for the most recent five-year period prior to application.
23Evidence of such disregard shall include a history of serious
24or uncorrected violations of state or federal law protecting
25occupational health and safety or the environment, including
26but not limited to serious or uncorrected violations of
27occupational safety and health standards enforced by the
28division of labor services of the department of workforce
29development inspections, appeals, and licensing pursuant to
30chapter 84A 10A, or rules enforced by the department of natural
31resources pursuant to chapter 455B or 459, subchapters II and
32III.
33 Sec. 1734. Section 17A.11, subsection 1, paragraph c, Code
342023, is amended to read as follows:
35c. For purposes of paragraph “a”, the division of
-1047-1administrative hearings established in section 10A.801 shall
2be treated as a wholly separate agency from the department of
3inspections, and appeals, and licensing.
4 Sec. 1735. Section 35D.15, subsection 2, paragraph c,
5subparagraph (2), subparagraph divisions (c), (d), and (e),
6Code 2023, are amended to read as follows:
7(c) If the member is not satisfied with the decision of the
8commission, the member may appeal the commission’s decision
9by filing an appeal with the department of inspections, and
10 appeals, and licensing within five calendar days of being
11notified in writing of the commission’s decision.
12(d) The department of inspections, and appeals, and
13licensing shall render a decision on the appeal of the
14commission’s decision and notify the member of the decision,
15in writing, within fifteen calendar days of the filing of the
16appeal with the department.
17(e) The maximum time period that shall elapse between
18receipt by the member of the discharge notice and actual
19discharge shall not exceed fifty-five days, which includes the
20thirty-day discharge notice period and any time during which
21any appeals to the commission or the department of inspections,
22 and appeals, and licensing are pending.
23 Sec. 1736. Section 35D.15, subsection 2, paragraph c,
24subparagraph (3), Code 2023, is amended to read as follows:
25(3) If a member is not satisfied with the decision of the
26department of inspections, and appeals, and licensing, the
27member may seek judicial review in accordance with chapter 17A.
28A member’s discharge under this subsection shall be stayed
29while judicial review is pending.
30 Sec. 1737. Section 35D.15, subsection 2, paragraph f, Code
312023, is amended to read as follows:
32f. Any involuntary discharge by the commandant under
33this subsection shall comply with the rules adopted by the
34commission under this subsection and by the department of
35inspections, and appeals, and licensing pursuant to section
-1048-1135C.14, subsection 8, paragraph “f”.
2 Sec. 1738. Section 53.8, subsection 3, paragraph a, Code
32023, is amended to read as follows:
4a. When an application for an absentee ballot is received
5by the commissioner of any county from a registered voter who
6is a patient in a hospital in that county, a tenant of an
7assisted living program in that county as shown by the list
8of certifications provided the commissioner under section
9231C.21, or a resident of any facility in that county shown to
10be a health care facility by the list of licenses provided the
11commissioner under section 135C.29, the absentee ballot shall
12be delivered to the voter and returned to the commissioner in
13the manner prescribed by section 53.22. For purposes of this
14paragraph, “assisted living program” means a program certified
15pursuant to section 231C.3 that meets the standards for a
16dementia-specific assisted living program, as established
17by rule by the department of inspections, and appeals, and
18licensing.
19 Sec. 1739. Section 53.22, subsection 1, Code 2023, is
20amended to read as follows:
211. For purposes of this section, “assisted living program”
22means a program certified pursuant to section 231C.3 that meets
23the standards for a dementia-specific assisted living program,
24as established by rule by the department of inspections, and
25 appeals, and licensing.
26 Sec. 1740. Section 68B.2, subsection 23, Code 2023, is
27amended to read as follows:
2823. “Regulatory agency” means the department of agriculture
29and land stewardship, department of workforce development,
30department of commerce, Iowa department of public health,
31department of public safety, department of education, state
32board of regents, department of human services, department of
33revenue, department of inspections, and appeals, and licensing,
34 department of administrative services, public employment
35relations board, state department of transportation, civil
-1049-1rights commission, department of public defense, department of
2homeland security and emergency management, Iowa ethics and
3campaign disclosure board, and department of natural resources.
4 Sec. 1741. Section 73.16, subsection 2, paragraph c,
5subparagraph (1), Code 2023, is amended to read as follows:
6(1) The director of each department and agency of state
7government shall cooperate with the director of the department
8of inspections, and appeals, and licensing, the director of
9the economic development authority, and the director of the
10department of management and do all acts necessary to carry out
11the provisions of this subchapter.
12 Sec. 1742. Section 80.15, subsection 2, Code 2023, is
13amended to read as follows:
142. During the period of twelve months after appointment, a
15peace officer of the department is subject to dismissal at the
16will of the commissioner. After the twelve months’ service,
17a peace officer of the department, who was appointed after
18having passed the examinations, is not subject to dismissal,
19suspension, disciplinary demotion, or other disciplinary action
20resulting in the loss of pay unless charges have been filed
21with the department of inspections, and appeals, and licensing
22 and a hearing held by the employment appeal board created by
23section 10A.601, if requested by the peace officer, at which
24the peace officer has an opportunity to present a defense
25to the charges. The decision of the appeal board is final,
26subject to the right of judicial review in accordance with
27the terms of the Iowa administrative procedure Act, chapter
2817A. However, these procedures as to dismissal, suspension,
29demotion, or other discipline do not apply to a peace officer
30who is covered by a collective bargaining agreement which
31provides otherwise, and do not apply to the demotion of a
32division head to the rank which the division head held at the
33time of appointment as division head, if any. A division head
34who is demoted has the right to return to the rank which the
35division head held at the time of appointment as division head,
-1050-1if any.
2 Sec. 1743. Section 84A.5, subsection 6, Code 2023, is
3amended to read as follows:
46. The director of the department of workforce development
5shall form a coordinating committee composed of the director
6of the department of workforce development, the labor
7commissioner, the workers’ compensation commissioner, and
8other administrators. The committee shall monitor federal
9compliance issues relating to coordination of functions among
10the divisions within the department.
11 Sec. 1744. Section 85.3, subsection 2, Code 2023, is amended
12to read as follows:
132. Any employer who is a nonresident of this state, for whom
14services are performed within this state by any employee, is
15deemed to be doing business in this state by virtue of having
16such services performed and the employer and employee shall
17be subject to the jurisdiction of the workers’ compensation
18commissioner and to all of the provisions of chapter 10A,
19subchapter III, this chapter, and chapters 85A, 85B, 86, and
2087, as to any and all personal injuries sustained by the
21employee arising out of and in the course of such employment
22within this state. In addition, every corporation, individual,
23personal representative, partnership, or association that has
24the necessary minimum contact with this state shall be subject
25to the jurisdiction of the workers’ compensation commissioner,
26and the workers’ compensation commissioner shall hold such
27corporation, individual, personal representative, partnership,
28or association amenable to suit in this state in every case not
29contrary to the provisions of the Constitution of the United
30States.
31 Sec. 1745. Section 85.3, subsection 3, paragraph b, Code
322023, is amended to read as follows:
33b. In addition to those persons authorized to receive
34personal service as in civil actions as permitted by chapter
3517A and this chapter, such employer shall be deemed to have
-1051-1appointed the secretary of state of this state as its lawful
2attorney upon whom may be served or delivered any and all
3notices authorized or required by the provisions of chapter
410A, subchapter III, this chapter, and chapters 85A, 85B, 86,
5 87, and 17A, and to agree that any and all such services or
6deliveries of notice on the secretary of state shall be of the
7same legal force and validity as if personally served upon or
8delivered to such nonresident employer in this state.
9 Sec. 1746. Section 85.26, subsections 1 and 2, Code 2023,
10are amended to read as follows:
111. An original proceeding for benefits under chapter
1210A, subchapter III, this chapter, or chapter 85A, or 85B,
13or 86, shall not be maintained in any contested case unless
14the proceeding is commenced within two years from the date of
15the occurrence of the injury for which benefits are claimed
16or, if weekly compensation benefits are paid under section
1786.13, within three years from the date of the last payment
18of weekly compensation benefits. For the purposes of this
19section, “date of the occurrence of the injury” means the date
20that the employee knew or should have known that the injury was
21work-related.
222. An award for payments or an agreement for settlement
23provided by section 86.13 for benefits under this chapter or
24chapter 85A or 85B, where the amount has not been commuted,
25may be reviewed upon commencement of reopening proceedings
26by the employer or the employee within three years from the
27date of the last payment of weekly benefits made under the
28award or agreement. If an award for payments or agreement for
29settlement as provided by section 86.13 for benefits under this
30chapter or chapter 85A or 85B has been made and the amount
31has not been commuted, or if a denial of liability is not
32filed with the workers’ compensation commissioner and notice
33of the denial is not mailed to the employee, in the form and
34manner required by the commissioner, within six months of the
35commencement of weekly compensation benefits, the commissioner
-1052-1may at any time upon proper application make a determination
2and appropriate order concerning the entitlement of an employee
3to benefits provided for in section 85.27. The failure to
4file a denial of liability does not constitute an admission of
5liability under chapter 10A, subchapter III, this chapter, or
6chapter 85A, or 85B, or 86.
7 Sec. 1747. Section 85.31, subsection 5, Code 2023, is
8amended to read as follows:
95. Except as otherwise provided by treaty, whenever, under
10the provisions of chapter 10A, subchapter III, this chapter,
11 and chapters 86 and chapter 87, compensation is payable to a
12dependent who is an alien not residing in the United States at
13the time of the injury, the employer shall pay fifty percent of
14the compensation herein otherwise provided to such dependent,
15and the other fifty percent shall be paid into the second
16injury fund in the custody of the treasurer of state. But if
17the nonresident alien dependent is a citizen of a government
18having a compensation law which excludes citizens of the United
19States, either resident or nonresident, from partaking of the
20benefits of such law in as favorable degree as herein extended
21to the nonresident alien, then the compensation which would
22otherwise be payable to the dependent shall be paid into the
23second injury fund in the custody of the treasurer of state.
24 Sec. 1748. Section 85.34, subsections 4, 5, and 7, Code
252023, are amended to read as follows:
264. Credits for excess payments. If an employee is paid
27weekly compensation benefits for temporary total disability
28under section 85.33, subsection 1, for a healing period
29under section 85.34, subsection 1, or for temporary partial
30disability under section 85.33, subsection 2, in excess of that
31required by chapter 10A, subchapter III, this chapter, and
32chapters 85A, and 85B, and 86, the excess paid by the employer
33shall be credited against the liability of the employer for
34any future weekly benefits due for an injury to that employee,
35provided that the employer or the employer’s representative has
-1053-1acted in good faith in determining and notifying an employee
2when the temporary total disability, healing period, or
3temporary partial disability benefits are terminated.
45. Recovery of employee overpayment. If an employee is paid
5any weekly benefits in excess of that required by chapter 10A,
6subchapter III, this chapter, and chapters 85A, and 85B, and
786, the excess paid by the employer shall be credited against
8the liability of the employer for any future weekly benefits
9due pursuant to subsection 2, for any current or subsequent
10injury to the same employee.
117. Successive disabilities. An employer is liable for
12compensating only that portion of an employee’s disability that
13arises out of and in the course of the employee’s employment
14with the employer and that relates to the injury that serves
15as the basis for the employee’s claim for compensation under
16chapter 10A, subchapter III, this chapter, or chapter 85A, or
17 85B, or 86. An employer is not liable for compensating an
18employee’s preexisting disability that arose out of and in the
19course of employment from a prior injury with the employer,
20to the extent that the employee’s preexisting disability has
21already been compensated under chapter 10A, subchapter III,
22 this chapter, or chapter 85A, or 85B, or 86. An employer is not
23liable for compensating an employee’s preexisting disability
24that arose out of and in the course of employment with a
25different employer or from causes unrelated to employment.
26 Sec. 1749. Section 85.35, subsections 1 and 10, Code 2023,
27are amended to read as follows:
281. The parties to a contested case or persons who are
29involved in a dispute which could culminate in a contested case
30may enter into a settlement of any claim arising under chapter
3110A, subchapter III, this chapter, or chapter 85A, or 85B, or
3286, providing for disposition of the claim. The settlement
33shall be in writing on forms prescribed by the workers’
34compensation commissioner and submitted to the workers’
35compensation commissioner for approval.
-1054- 110. Approval of a settlement by the workers’ compensation
2commissioner is binding on the parties and shall not be
3construed as an original proceeding. Notwithstanding any
4provisions of chapter 10A, subchapter III, this chapter,
5 and chapters 85A, 85B, 86, and 87, an approved compromise
6settlement shall constitute a final bar to any further rights
7arising under chapter 10A, subchapter III, this chapter, and
8chapters 85A, 85B, 86, and 87 regarding the subject matter of
9the compromise and a payment made pursuant to a compromise
10settlement agreement shall not be construed as the payment of
11weekly compensation.
12 Sec. 1750. Section 85.55, subsection 2, unnumbered
13paragraph 1, Code 2023, is amended to read as follows:
14For purposes of chapter 10A, subchapter III, this chapter,
15 and chapters 86 and chapter 87, a franchisor shall not be
16considered to be an employer of a franchisee or of an employee
17of a franchisee unless any of the following conditions apply:
18 Sec. 1751. Section 85.59, subsection 7, Code 2023, is
19amended to read as follows:
207. Responsibility for the filings required by chapter
2186 chapter 10A, subchapter III, for injuries resulting in
22permanent disability or death and as modified by this section
23shall be made in the same manner as for other employees of the
24institution.
25 Sec. 1752. Section 85.60, Code 2023, is amended to read as
26follows:
2785.60 Injuries while in work-based learning opportunity,
28employment training, or evaluation.
29A person participating in a work-based learning opportunity
30referred to in section 85.61, or receiving earnings while
31engaged in employment training or while undergoing an
32employment evaluation under the direction of a rehabilitation
33facility approved for purchase-of-service contracts or for
34referrals by the department of human services or the department
35of education, who sustains an injury arising out of and in the
-1055-1course of the work-based learning opportunity participation,
2employment training, or employment evaluation is entitled
3to benefits as provided in chapter 10A, subchapter III,
4 this chapter, chapter 85A, and chapter 85B, and chapter 86.
5Notwithstanding the minimum benefit provisions of this chapter,
6a person referred to in this section and entitled to benefits
7under this chapter is entitled to receive a minimum weekly
8benefit amount for a permanent partial disability under section
985.34, subsection 2, or for a permanent total disability under
10section 85.34, subsection 3, equal to the weekly benefit amount
11of a person whose gross weekly earnings are thirty-five percent
12of the statewide average weekly wage computed pursuant to
13section 96.3 and in effect at the time of the injury.
14 Sec. 1753. Section 85.61, unnumbered paragraph 1, Code
152023, is amended to read as follows:
16In chapter 10A, subchapter III, this chapter, and chapters
1786 and chapter 87, unless the context otherwise requires, the
18following definitions of terms shall prevail:
19 Sec. 1754. Section 85.61, subsection 12, paragraph b, Code
202023, is amended to read as follows:
21b. The term “worker” or “employee” shall include the
22singular and plural. Any reference to a worker or employee
23who has been injured shall, when such worker or employee
24is dead, include the worker’s or employee’s dependents as
25defined in this chapter or the worker’s or employee’s legal
26representatives; and where the worker or employee is a minor
27or incompetent, it shall include the minor’s or incompetent
28person’s guardian, next friend, or trustee. Notwithstanding
29any law prohibiting the employment of minors, all minor
30employees shall be entitled to the benefits of chapter 10A,
31subchapter III, this chapter, and chapters 86 and chapter 87
32regardless of the age of such minor employee.
33 Sec. 1755. 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
-1056-1of workforce development, in cooperation with the department of
2education, the workers’ compensation division of the department
3of inspections, appeals, and licensing, the insurance division
4of the department of commerce, and all community colleges
5that are participating in the new career vocational training
6and education program, shall prepare an annual report for
7submission to the general assembly that provides information
8about the status of the program including but not limited to
9the utilization of and participants in the program, program
10completion rates, employment rates after completion of the
11program and the types of employment obtained by the program
12participants, and the effects of the program on workers’
13compensation premium rates.
14 Sec. 1756. Section 85B.14, Code 2023, is amended to read as
15follows:
1685B.14 Applicable chapters.
17Chapters Chapter 10A, subchapter III, and chapters 17A,
18 and 85, and 86, so far as applicable, and not inconsistent
19with this chapter, apply in cases of compensable occupational
20hearing loss.
21 Sec. 1757. Section 87.1, subsection 1, Code 2023, is amended
22to read as follows:
231. Every employer subject to the provisions of chapter
2410A, subchapter III, this chapter, and chapters 85, 85A, and
25 85B, and 86, unless relieved as hereinafter provided from the
26requirements imposed under chapter 10A, subchapter III, this
27chapter, and chapters 85, 85A, and 85B, and 86, shall insure
28the employer’s liability under chapter 10A, subchapter III,
29 this chapter, and chapters 85, 85A, and 85B, and 86 in some
30corporation, association, or organization approved by the
31commissioner of insurance.
32 Sec. 1758. Section 87.2, subsection 2, Code 2023, is amended
33to read as follows:
342. An employer coming under the provisions of chapter 10A,
35subchapter III, this chapter, and chapters 85, 85A, and 85B,
-1057-1and 86 who fails to comply with this section, or to post and
2keep the above notice in the manner and form required, shall be
3guilty of a simple misdemeanor.
4 Sec. 1759. Section 87.6, Code 2023, is amended to read as
5follows:
687.6 Certificate of approval.
7When such scheme or plan is approved by the workers’
8compensation commissioner, the commissioner shall issue a
9certificate to that effect, whereupon it shall be legal for
10such employer, or group of employers, to contract with any or
11all of the workers of the employer or group of employers to
12substitute such scheme or plan for the provisions relating to
13compensation and insurance during a period of time fixed by
14said department the insurance division of the department of
15insurance and financial services.
16 Sec. 1760. Section 87.11, subsections 3 and 4, Code 2023,
17are amended to read as follows:
183. a. If an employer becomes insolvent and a debtor under
1911 U.S.C., on or after January 1, 1990, the commissioner of
20insurance may request of the workers’ compensation commissioner
21that all future payments of workers’ compensation weekly
22benefits, medical expenses, or other payments pursuant to
23chapter 10A, subchapter III, this chapter, or chapter 85, 85A,
24or 85B, or 86, be commuted to a present lump sum. The workers’
25compensation commissioner shall fix the lump sum of probable
26future medical expenses and weekly compensation benefits, or
27other benefits payable pursuant to chapter 10A, subchapter III,
28 this chapter, or chapter 85, 85A, or 85B, or 86, capitalized
29at their present value upon the basis of interest at the rate
30provided in section 535.3 for court judgments and decrees. The
31commissioner of insurance shall be discharged from all further
32liability for the commuted workers’ compensation claim upon
33payment of the present lump sum to either the claimant, or a
34licensed insurer for purchase of an annuity or other periodic
35payment plan for the benefit of the claimant.
-1058- 1b. The commissioner of insurance shall not be required to
2pay more for all claims of an insolvent self-insured employer
3than is available for payment of such claims from the security
4given under this section.
54. Notwithstanding contrary provisions of section 85.45,
6any future payment of medical expenses, weekly compensation
7benefits, or other payments by the commissioner of insurance
8from the security given under this section, pursuant to
9chapter 10A, subchapter III, this chapter, or chapter 85, 85A,
10or 85B, or 86, shall be deemed an undue expense, hardship,
11or inconvenience upon the employer for purposes of a full
12commutation pursuant to section 85.45, subsection 1, paragraph
13“b”.
14 Sec. 1761. Section 87.13, Code 2023, is amended to read as
15follows:
1687.13 Interpretative clause.
17All provisions in chapter 10A, subchapter III, and chapters
1885, 85A, 85B, 86, and this chapter relating to compensation
19for injuries sustained arising out of and in the course of
20employment in the operation of coal mines or production of
21coal under any system of removing coal for sale are exclusive,
22compulsory and obligatory upon the employer and employee in
23such employment.
24 Sec. 1762. Section 87.14A, Code 2023, is amended to read as
25follows:
2687.14A Insurance required.
27An employer subject to chapter 10A, subchapter III, this
28chapter, and chapters 85, 85A, and 85B, and 86 shall not
29engage in business without first obtaining insurance covering
30compensation benefits or obtaining relief from insurance as
31provided in this chapter. A person who willfully and knowingly
32violates this section is guilty of a class “D” felony.
33 Sec. 1763. Section 87.21, unnumbered paragraph 1, Code
342023, is amended to read as follows:
35Any employer, except an employer with respect to an exempt
-1059-1employee under section 85.1, who has failed to insure the
2employer’s liability in one of the ways provided in this
3chapter, unless relieved from carrying such insurance as
4provided in section 87.11, is liable to an employee for
5a personal injury in the course of and arising out of the
6employment, and the employee may enforce the liability by an
7action at law for damages, or may collect compensation as
8provided in chapter 10A, subchapter III, and chapters 85, 85A,
9and 85B, and 86. In actions by the employee for damages under
10this section, the following rules apply:
11 Sec. 1764. Section 88.1, subsection 3, Code 2023, is amended
12to read as follows:
133. Authorizing the labor commissioner to set mandatory
14occupational safety and health standards applicable to
15businesses, and by providing for an adjudicatory process
16through the employment appeal board within the department
17of inspections, and appeals, and licensing for carrying out
18adjudicatory functions under this chapter.
19 Sec. 1765. Section 88.2, subsections 1 and 4, Code 2023, are
20amended to read as follows:
211. The labor commissioner, appointed pursuant to section
2291.2, and the division of labor services of the department
23of workforce development inspections, appeals, and licensing
24 created in section 84A.1 10A.106 shall administer this chapter.
254. Subject to the approval of the director of the
26department of workforce development inspections, appeals, and
27licensing, the labor commissioner may enter into contracts
28with any state agency, with or without reimbursement, for
29the purpose of obtaining the services, facilities, and
30personnel of the agency, and with the consent of any state
31agency or any political subdivision of the state, accept and
32use the services, facilities, and personnel of the agency or
33political subdivision, and employ experts and consultants or
34organizations, in order to expeditiously, efficiently, and
35economically effectuate the purposes of this chapter. The
-1060-1agreements under this subsection are subject to approval of the
2executive council if approval is required by law.
3 Sec. 1766. Section 88A.1, subsections 4 and 6, Code 2023,
4are amended by striking the subsections.
5 Sec. 1767. Section 88A.1, Code 2023, is amended by adding
6the following new subsections:
7 NEW SUBSECTION. 6A. “Department” means the department of
8inspections, appeals, and licensing.
9 NEW SUBSECTION. 6B. “Director” means the director of the
10department of inspections, appeals, and licensing.
11 Sec. 1768. Section 88A.2, Code 2023, is amended to read as
12follows:
1388A.2 Permit required.
141. No amusement device or ride, concession booth, or any
15related electrical equipment shall be operated at a carnival
16or fair in this state without a permit having been issued by
17the commissioner director to an operator of such equipment. On
18or before the first of May of each year, any person required
19to obtain a permit by this chapter shall apply to the division
20 department for a permit on a form furnished by the commissioner
21 director which form shall contain such information as the
22commissioner director may require. The commissioner director
23 may waive the requirement that an application for a permit
24must be filed on or before the first of May of each year if
25the applicant gives satisfactory proof to the commissioner
26 director that the applicant could not reasonably comply with
27the date requirement and if the applicant immediately applies
28for a permit after the need for a permit is first determined.
29For the purpose of determining if an amusement ride, amusement
30device, concession booth, or any related electrical equipment
31is in safe operating condition and will provide protection
32to the public using such ride, device, booth, or related
33electrical equipment, each amusement ride, amusement device,
34concession booth, or related electrical equipment shall be
35inspected by the commissioner director before it is initially
-1061-1placed in operation in this state, and shall thereafter be
2inspected at least once each year.
32. If, after inspection, an amusement device or ride,
4concession booth, or related electrical equipment is found
5to comply with the rules adopted under this chapter, the
6commissioner director shall, upon payment of the permit fee
7and the inspection fee, permit the operation of the amusement
8device or ride or concession booth or to use any related
9electrical equipment.
103. If, after inspection, additions or alterations
11are contemplated which change a structure, mechanism,
12classification, or capacity, the operator shall notify the
13commissioner director of the operator’s intentions in writing
14and provide any plans or diagrams requested by the commissioner
15 director.
16 Sec. 1769. Section 88A.3, Code 2023, is amended to read as
17follows:
1888A.3 Rules.
191. The commissioner director shall adopt rules pursuant to
20chapter 17A for the safe installation, repair, maintenance,
21use, operation, and inspection of amusement devices, amusement
22rides, concession booths, and related electrical equipment at
23carnivals and fairs to the extent necessary for the protection
24of the public. The rules shall be based on generally accepted
25engineering standards and shall be concerned with, but not
26necessarily limited to, engineering force stresses, safety
27devices, and preventive maintenance. If standards are
28available in suitable form, the standards may be incorporated
29by reference. The rules shall provide for the reporting of
30accidents and injuries incurred from the operation of amusement
31devices or rides, concession booths, or related electrical
32equipment.
332. The commissioner director may modify or repeal any rule
34adopted under the provisions of this chapter.
35 Sec. 1770. Section 88A.5, Code 2023, is amended to read as
-1062-1follows:
288A.5 Fees to general fund.
3All fees collected by the division department under
4the provisions of this chapter shall be transmitted to the
5treasurer of state and credited by the treasurer to the general
6fund of the state.
7 Sec. 1771. Section 88A.6, Code 2023, is amended to read as
8follows:
988A.6 Personnel.
10The commissioner director may employ inspectors and any
11other personnel deemed necessary to carry out the provisions
12of this chapter, subject to the provisions of chapter 8A,
13subchapter IV.
14 Sec. 1772. Section 88A.7, Code 2023, is amended to read as
15follows:
1688A.7 Cessation order.
17The commissioner director may order, in writing, a temporary
18cessation of operation of any amusement device or ride,
19concession booth, or related electrical equipment if it has
20been determined after inspection to be hazardous or unsafe.
21Operation of the amusement device or ride, concession booth or
22related electrical equipment shall not resume until the unsafe
23or hazardous condition is corrected to the satisfaction of the
24commissioner director.
25 Sec. 1773. Section 88A.8, Code 2023, is amended to read as
26follows:
2788A.8 Judicial review.
28Judicial review of action of the commissioner director
29 may be sought in accordance with the terms of the Iowa
30administrative procedure Act, chapter 17A.
31 Sec. 1774. Section 88A.10, subsections 1 and 2, Code 2023,
32are amended to read as follows:
331. Any person who operates an amusement device or ride,
34concession booth or related electrical equipment at a carnival
35or fair without having obtained a permit from the commissioner
-1063-1 director or who violates any order or rule issued by the
2commissioner director under this chapter is guilty of a serious
3misdemeanor.
42. A person who interferes with, impedes, or obstructs in
5any manner the commissioner director in the performance of the
6commissioner’s director’s duties under this chapter is guilty
7of a simple misdemeanor. A person who bribes or attempts to
8bribe the commissioner director is subject to section 722.1.
9 Sec. 1775. Section 88A.11, subsections 3 and 4, Code 2023,
10are amended to read as follows:
113. The commissioner director may exempt amusement devices
12from the provisions of this chapter that have self-contained
13wiring installed by the manufacturer, that are operated
14manually by the use of hands or feet, that operate on less than
15one hundred twenty volts of electrical power, and that are
16fixtures or appliances within or part of a structure subject to
17the building code of this state or any political subdivision
18of this state.
194. The commissioner director may exempt playground
20equipment owned, maintained, and operated by any political
21subdivision of this state.
22 Sec. 1776. Section 88A.13, Code 2023, is amended to read as
23follows:
2488A.13 Waiver of inspection.
25The commissioner director may waive the requirement that
26an amusement device or ride or any part thereof be inspected
27before being operated in this state if an operator gives
28satisfactory proof to the commissioner director that the
29amusement device or ride or any part thereof has passed an
30inspection conducted by a public or private agency whose
31inspection standards and requirements are at least equal
32to those requirements and standards established by the
33commissioner director under the provisions of this chapter.
34The annual permit and inspection fees shall be paid before the
35commissioner director may waive this requirement.
-1064-1 Sec. 1777. Section 88A.14, Code 2023, is amended to read as
2follows:
388A.14 Injunction.
4In addition to any and all other remedies, if an owner,
5operator, or person in charge of any amusement device or ride,
6concession booth, or related electrical equipment covered by
7this chapter, continues to operate any amusement device or
8ride, concession booth, or related electrical equipment covered
9by this chapter, after receiving a notice of defect as provided
10by this chapter, without first correcting the defects or making
11replacements, the commissioner director may petition the
12district court in equity, in an action brought in the name of
13the state, for a writ of injunction to restrain the use of the
14alleged defective amusement device or ride, concession booth,
15or related electrical equipment.
16 Sec. 1778. Section 88B.1, subsections 3 and 4, Code 2023,
17are amended by striking the subsections and inserting in lieu
18thereof the following:
193. “Department” means the department of inspections,
20appeals, and licensing.
214. “Director” means the director of the department of
22inspections, appeals, and licensing.
23 Sec. 1779. Section 88B.1, subsections 5 and 6, Code 2023,
24are amended to read as follows:
255. “License” means an authorization issued by the division
26 department permitting an individual person, including a
27supervisor or contractor, to work on an asbestos project, to
28inspect buildings for asbestos-containing building materials,
29to develop management plans, and to act as an asbestos project
30designer.
316. “Permit” means an authorization issued by the division
32 department permitting a business entity to remove or
33encapsulate asbestos.
34 Sec. 1780. Section 88B.3, Code 2023, is amended to read as
35follows:
-1065- 188B.3 Administration — rules — fees — inspections.
21. The commissioner director shall administer this chapter.
32. The commissioner director shall adopt, in accordance
4with chapter 17A, rules necessary to carry out the provisions
5of this chapter.
63. The commissioner director shall prescribe fees for
7the issuance and renewal of licenses and permits. The fees
8shall be based on the costs of licensing, permitting, and
9administering this chapter, including time spent by personnel
10of the division department in performing duties and any travel
11expenses incurred. All fees provided for in this chapter shall
12be collected by the commissioner director and remitted to the
13treasurer of state for deposit in the general fund of the
14state.
154. At least once a year, during an actual asbestos project,
16the division department shall conduct an on-site inspection
17of each permittee’s procedures for removing and encapsulating
18asbestos.
19 Sec. 1781. Section 88B.3A, subsection 1, Code 2023, is
20amended to read as follows:
211. To qualify for a permit, a business entity shall submit
22an application to the division department in the form required
23by the division department and pay the prescribed fee.
24 Sec. 1782. Section 88B.4, Code 2023, is amended to read as
25follows:
2688B.4 Permit — term, renewal, and records required.
271. A permit expires on the first anniversary of its
28effective date, unless it is renewed for a one-year term as
29provided in this section.
302. At least one month before the permit expires, the
31division department shall send to the permittee, at the last
32known address of the permittee, a renewal notice that states
33all of the following:
34a. The date on which the current permit expires.
35b. The date by which the renewal application must be
-1066-1received by the division department for the renewal to be
2issued and mailed before the permit expires.
3c. The amount of the renewal fee.
43. Before the permit expires, the permittee may renew it for
5an additional one-year term, if the business entity meets the
6following conditions:
7a. Is otherwise entitled to a permit.
8b. Submits a renewal application to the division department
9 in the form required by the division department.
10c. Pays the renewal fee prescribed by the division
11 department.
124. The permittee shall keep a record of each asbestos
13project it performs and shall make the record available to the
14division department at any reasonable time. Records shall
15contain information and be kept for a time prescribed in rules
16adopted by the division department.
17 Sec. 1783. Section 88B.5, Code 2023, is amended to read as
18follows:
1988B.5 Waivers and alternative procedures.
201. In an emergency that results from a sudden, unexpected
21event that is not a planned renovation or demolition, the
22commissioner director may waive the requirement for a permit.
232. If the business entity is not primarily engaged in the
24removal or encapsulation of asbestos, the commissioner director
25 may waive the requirement for a permit if worker protection
26requirements are met.
273. The division department shall not approve any waivers
28on work conducted at a school, public, or commercial building
29unless the request is accompanied by a recommendation from an
30asbestos project designer.
31 Sec. 1784. Section 88B.6, subsection 1, paragraphs a and b,
32Code 2023, are amended to read as follows:
33a. To apply for a license, an individual shall submit an
34application to the division department in the form required by
35the division department and shall pay the prescribed fee.
-1067- 1b. The application shall include information prescribed by
2rules adopted by the commissioner director.
3 Sec. 1785. Section 88B.6, subsection 2, paragraph a,
4unnumbered paragraph 1, Code 2023, is amended to read as
5follows:
6An individual is not eligible to be or do any of the
7following unless the person obtains a license from the division
8 department:
9 Sec. 1786. Section 88B.6, subsection 2, paragraph b, Code
102023, is amended to read as follows:
11b. To qualify for a license, the applicant must have
12successfully completed training as established by the United
13States environmental protection agency, paid a fee, and met
14other requirements as specified by the division department by
15rule.
16 Sec. 1787. Section 88B.8, unnumbered paragraph 1, Code
172023, is amended to read as follows:
18The division department may deny, suspend, or revoke a
19permit or license, in accordance with chapter 17A, if the
20permittee or licensee does any of the following:
21 Sec. 1788. Section 88B.8, subsection 2, Code 2023, is
22amended to read as follows:
232. Fails at any time to meet the qualifications for a permit
24or license or to comply with a rule adopted by the commissioner
25 director under this chapter.
26 Sec. 1789. Section 88B.11, Code 2023, is amended to read as
27follows:
2888B.11 Bids for governmental projects.
29A state agency or political subdivision shall not accept a
30bid in connection with any asbestos project from a business
31entity that does not hold a permit from the division department
32 at the time the bid is submitted, unless the business entity
33provides the state agency or political subdivision with written
34proof that ensures that the business entity has contracted
35to have the asbestos removal or encapsulation performed by a
-1068-1licensed asbestos contractor.
2 Sec. 1790. Section 89.1, subsection 1, Code 2023, is amended
3to read as follows:
41. The labor commissioner director shall enforce the
5provisions of this chapter and may employ qualified personnel
6under the provisions of chapter 8A, subchapter IV, to
7administer the provisions of this chapter.
8 Sec. 1791. Section 89.2, subsection 4, Code 2023, is amended
9by striking the subsection and inserting in lieu thereof the
10following:
114. “Department” means the department of inspections,
12appeals, and licensing.
13 Sec. 1792. Section 89.2, Code 2023, is amended by adding the
14following new subsection:
15 NEW SUBSECTION. 4A. “Director” means the director of the
16department of inspections, appeals, and licensing.
17 Sec. 1793. Section 89.2, subsection 9, Code 2023, is amended
18to read as follows:
199. “Special inspector” means an inspector who holds a
20commission from the commissioner director and who is not a
21state employee.
22 Sec. 1794. Section 89.3, Code 2023, is amended to read as
23follows:
2489.3 Inspection made.
251. It shall be the duty of the commissioner director to
26inspect or cause to be inspected internally and externally, at
27least once every twelve months, except as otherwise provided
28in this section, in order to determine whether all such
29equipment is in a safe and satisfactory condition, and properly
30constructed and maintained for the purpose for which it is
31used, all boilers and unfired steam pressure vessels operating
32in excess of fifteen pounds per square inch, all low pressure
33heating boilers and unfired steam pressure vessels located in
34places of public assembly and other appurtenances used in this
35state for generating or transmitting steam for power, or for
-1069-1using steam under pressure for heating or steaming purposes.
22. The commissioner director may enter any building or
3structure, public or private, for the purpose of inspecting any
4equipment covered by this chapter or gathering information with
5reference thereto.
63. The commissioner may inspect boilers and tanks
7and other equipment stamped with the American society of
8mechanical engineers code symbol for other than steam pressure,
9manufactured in Iowa, when requested by the manufacturer.
104. a. An object that meets all of the following criteria
11shall be inspected at least once every two years internally
12and externally while not under pressure, and at least once
13every two years externally while under pressure, unless the
14commissioner director determines that an earlier inspection is
15warranted:
16(1) The object is a boiler with one hundred thousand pounds
17per hour or more capacity, or the object is an unfired steam
18pressure vessel or a regulated appurtenance that is part of the
19same system as a boiler with one hundred thousand pounds per
20hour or more capacity.
21(2) The object contains only water subject to internal
22continuous water treatment under the direct supervision of
23a graduate engineer or chemist, or one having equivalent
24experience in the treatment of boiler water.
25(3) The water treatment is for the purpose of controlling
26and limiting serious corrosion and other deteriorating factors.
27b. The owner or user of an object meeting the criteria in
28paragraph “a” shall do the following:
29(1) At any time the commissioner director, a special
30inspector, or the supervisor of water treatment deems a
31hydrostatic test is 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) Keep available for examination by the commissioner
3 director chemical physical laboratory analyses of samples of
4the object water taken at regular intervals of not more than
5forty-eight hours of operation as will adequately show the
6condition of the water and any elements or characteristics of
7the water which are capable of producing corrosion or other
8deterioration of the object or its parts.
95. a. An object that meets all of the following criteria
10shall be inspected at least once each year externally while
11under pressure and at least once every four years internally
12while not under pressure, unless the commissioner director
13 determines an earlier inspection is warranted:
14(1) The object is a boiler with one hundred thousand pounds
15per hour or more capacity, or the object is an unfired steam
16pressure vessel or a regulated appurtenance that is part of the
17same system as a boiler with one hundred thousand pounds per
18hour or more capacity.
19(2) The object contains only water subject to internal
20continuous water treatment under the direct supervision of
21a graduate engineer or chemist, or one having equivalent
22experience in the treatment of boiler water.
23(3) The water treatment is for the purpose of controlling
24and limiting serious corrosion and other deteriorating factors.
25(4) Either of the following:
26(a) The owner or user is a participant in good standing in
27the Iowa occupational safety and health voluntary protection
28program and has achieved star status within the program, which
29is administered by the division of labor services in the
30department of workforce development inspections, appeals, and
31licensing.
32(b) The object is an unfired steam pressure vessel and is
33part of or integral to the continuous operation of a process
34covered by and compliant with the occupational safety and
35health administration process safety management standard
-1071-1contained in 29 C.F.R. §1910.119 and the owner demonstrates
2such compliance to a special inspector or the commissioner
3 director. The unfired steam pressure vessel must also be
4included as process safety management process equipment in the
5owner of the unfired steam pressure vessel’s process safety
6management program.
7b. The owner or user of an object that meets the criteria in
8paragraph “a” shall do the following:
9(1) At any time the commissioner director, a special
10inspector, or the supervisor of the water treatment deems
11a hydrostatic test necessary to determine the safety of
12an object, conduct the test under the supervision of the
13commissioner director.
14(2) Keep available for examination by the commissioner
15 director accurate records showing the date and actual time the
16object is out of service and the reason it is out of service.
17(3) Arrange for an internal inspection of the object during
18each planned outage by a special inspector or the commissioner
19 director.
20(4) Keep for examination by the commissioner director
21 accurate records showing the chemical physical laboratory
22analyses of samples of the object’s water taken at regular
23intervals of not more than forty-eight hours of operation
24adequate to show the condition of the water and any elements
25or characteristics of the water that are capable of producing
26corrosion or other deterioration of the object or its parts.
276. Internal inspections of cast aluminum steam, cast
28aluminum hot water heating, sectional cast iron steam, and
29cast iron hot water heating boilers shall be conducted only
30as deemed necessary by the commissioner director. External
31operating inspections shall be conducted annually.
327. Internal inspections of steel hot water boilers shall be
33conducted once every six years. External operating inspections
34shall be conducted annually in years other than the year in
35which internal inspections are conducted.
-1072- 18. Inspections of unfired steam pressure vessels operating
2in excess of fifteen pounds per square inch and low pressure
3steam boilers shall be conducted at least once each calendar
4year. The inspections conducted within each two-year period
5shall include an external inspection conducted while the boiler
6is operating and an internal inspection, where construction
7permits. No more than one inspection shall be conducted per
8six-month period. An internal inspection of an unfired steam
9pressure vessel or low pressure steam boiler may be required
10at any time by the commissioner director upon the observation
11by an inspector of conditions, enumerated by the commissioner
12 director through rules, warranting an internal inspection.
13If a low pressure steam boiler is in dry lay-up, an internal
14inspection shall be conducted in lieu of an external
15inspection. For purposes of this subsection, “dry lay-up”
16means a process whereby a boiler is taken out of service for a
17period of six months or longer, drained, dried, and cleaned,
18and measures to prevent corrosion are performed on the boiler.
199. An internal inspection shall not be required on an
20unfired steam pressure vessel that was manufactured without an
21inspection opening.
2210. An exhibition boiler does not require an annual
23inspection certificate but special inspections may be requested
24by the owner or an event’s management to be performed by the
25commissioner director. Upon the completion of an exhibition
26boiler inspection a written condition report shall be prepared
27by the commissioner director regarding the condition of
28the exhibition boiler’s boiler or pressure vessel. This
29report will be issued to the owner and the management of all
30events at which the exhibition boiler is to be operated. The
31event’s management is responsible for the decision on whether
32the exhibition boiler should be operated and shall inform
33the division of labor services department of the event’s
34management’s decision. The event’s management is responsible
35for any injuries which result from the operation of any
-1073-1exhibition boiler approved for use at the event by the event’s
2management. A repair symbol, known as the “R” stamp, is not
3required for repairs made to exhibition boilers pursuant to the
4rules regarding inspections and repair of exhibition boilers as
5adopted by the commissioner director, pursuant to chapter 17A.
611. An inspection report created pursuant to this chapter
7that requires modification, alteration, or change shall be in
8writing and shall cite the state law or rule or the ASME code
9section allegedly violated.
10 Sec. 1795. Section 89.4, subsection 2, unnumbered paragraph
111, Code 2023, is amended to read as follows:
12Unfired steam pressure vessels not exceeding the following
13limitations are not required to be reported to the commissioner
14 director and shall be exempt from regular inspection under
15provisions of this chapter:
16 Sec. 1796. Section 89.5, subsections 1 and 2, Code 2023, are
17amended to read as follows:
181. The commissioner director shall investigate and record
19the cause of any boiler explosion that may occur in the state,
20the loss of life, injuries sustained, and estimated loss of
21property, if any; and such other data as may be of benefit in
22preventing a recurrence of similar explosions.
232. The commissioner director shall keep a complete and
24accurate record of the name of the owner or user of each steam
25boiler or other equipment subject to this chapter, giving
26a full description of the equipment, including the type,
27dimensions, age, condition, the amount of pressure allowed, and
28the date when last inspected.
29 Sec. 1797. Section 89.6, Code 2023, is amended to read as
30follows:
3189.6 Notice to commissioner director.
321. Before any equipment included under the provisions
33of this chapter is installed by any owner, user, or lessee
34thereof, a ten days’ written notice of intention to install the
35equipment shall be given to the commissioner director. The
-1074-1notice shall designate the proposed place of installation, the
2type and capacity of the equipment, the use to be made thereof,
3the name of the company which manufactured the equipment, and
4whether the equipment is new or used.
52. Before any power boiler is converted to a low pressure
6boiler, the owner or user shall give to the commissioner
7 director ten days’ written notice of intent to convert the
8boiler. The notice shall designate the boiler location, the
9uses of the building, and other information specified by rule
10by the board.
11 Sec. 1798. Section 89.7, Code 2023, is amended to read as
12follows:
1389.7 Special inspectors.
141. The inspection required by this chapter shall not be
15made by the commissioner director if an owner or user of
16equipment specified by this chapter obtains an inspection by
17a representative of a reputable insurance company and obtains
18a policy of insurance upon the equipment from that insurance
19company.
202. The representative conducting the inspection shall
21be commissioned by the commissioner director as a special
22inspector for the year during which the inspection occurs
23and shall meet such other requirements as the commissioner
24 director may by rule establish. The commission shall be valid
25for one year and the special inspector shall pay a fee for the
26issuance of the commission. The commissioner director shall
27establish the amount of the fee by rule. The commissioner
28 director shall establish rules for the issuance and revocation
29of special inspector commissions. The rules are subject to the
30requirements of chapter 17A.
313. The insurance company shall file a notice of insurance
32coverage on forms approved by the commissioner director stating
33that the equipment is insured and that inspection shall be made
34in accordance with section 89.3.
354. The special inspector shall provide the user and the
-1075-1commissioner director with an inspection report including the
2nature and extent of all defects and violations, in a format
3approved by the labor commissioner director.
45. The failure of a special inspector to inform the
5commissioner director of violations shall not subject the
6commissioner director to liability for any damages incurred.
7 Sec. 1799. Section 89.7A, Code 2023, is amended to read as
8follows:
989.7A Certificates.
101. The commissioner director shall issue a certificate of
11inspection valid for the period specified in section 89.3 after
12the payment of a fee, the filing of an inspection report, and
13the correction or other appropriate resolution of any defects
14identified in the inspection report. The certificate shall be
15posted at a place near the location of the equipment.
162. The owner or user of any equipment covered in this
17chapter, or persons in charge of such equipment, shall not
18allow or permit a greater pressure in any unit than is stated
19in the certificate of inspection issued by the commissioner
20 director.
213. The commissioner director shall indicate to the user
22whether or not the equipment may be used without making repair
23or replacement of defective parts, or whether or how the
24equipment may be used in a limited capacity before repairs
25or replacements are made, and the commissioner director may
26permit the user a reasonable time to make such repairs or
27replacements.
28 Sec. 1800. Section 89.8, Code 2023, is amended to read as
29follows:
3089.8 Boiler and pressure vessel safety fund — fees
31appropriated.
32A boiler and pressure vessel safety revolving fund is
33created within the state treasury under the control of the
34commissioner director and shall consist of moneys collected
35by the commissioner director as fees. Moneys in the fund are
-1076-1appropriated and shall be used by the commissioner director
2 to pay the actual costs and expenses necessary to operate the
3board and administer the provisions of this chapter. All
4salaries and expenses properly chargeable to the fund shall be
5paid from the fund. Section 8.33 does not apply to any moneys
6in the fund. Notwithstanding section 12C.7, subsection 2,
7interest or earnings on moneys deposited in the fund shall be
8credited to the fund.
9 Sec. 1801. Section 89.9, Code 2023, is amended to read as
10follows:
1189.9 Disposal of fees.
12All fees provided for in this chapter shall be collected
13by the commissioner director and remitted to the treasurer
14of state, to be deposited in the boiler and pressure vessel
15safety fund pursuant to section 89.8, together with an itemized
16statement showing the source of collection.
17 Sec. 1802. Section 89.11, Code 2023, is amended to read as
18follows:
1989.11 Injunction.
201. In addition to all other remedies, if any owner, user,
21or person in charge of any equipment covered by this chapter
22continues to use any equipment covered by this chapter,
23after receiving an inspection report identifying defects and
24exhausting appeal rights as provided by this chapter without
25first correcting the defects or making replacements, the
26commissioner director may apply to the district court by
27petition in equity, in an action brought in the name of the
28state, for a writ of injunction to restrain the use of the
29alleged defective equipment.
302. If the commissioner director believes that the continued
31operation of equipment constitutes an imminent danger that
32could seriously injure or cause death to any person, in
33addition to all other remedies, the commissioner director
34 may apply to the district court in the county in which the
35imminently dangerous condition exists for a temporary order to
-1077-1enjoin the owner, user, or person in charge from operating the
2equipment before the owner’s, user’s, or person’s rights to
3administrative appeals have been exhausted.
4 Sec. 1803. Section 89.12, Code 2023, is amended to read as
5follows:
689.12 Hearing — notice — decree.
7The commissioner director shall notify in writing the owner
8or user of the equipment of the time and place of hearing of the
9petition as fixed by the court or judge, and shall serve the
10notice on the defendant at least five days prior to the hearing
11in the same manner as original notices are served. The general
12provisions relating to civil practice and procedure as may be
13applicable, shall govern the proceedings, except as herein
14modified. In the event the defendant does not appear or plead
15to the action, default shall be entered against the defendant.
16The action shall be tried in equity, and the court or judge
17shall make such order or decree as the evidence warrants.
18 Sec. 1804. Section 89.13, Code 2023, is amended to read as
19follows:
2089.13 Civil penalty allowed.
21If upon notice and hearing the commissioner director
22 determines that an owner has operated a facility in violation
23of a safety order, the commissioner director may assess a civil
24penalty against the owner in an amount not exceeding five
25hundred dollars, as determined by the commissioner director.
26An order assessing a civil penalty is subject to appeal to
27the employment appeal board and to judicial review. The
28commissioner director may commence an action in the district
29court to enforce payment of a civil penalty. Revenue from
30the penalty provided in this section shall be remitted to the
31treasurer of state for deposit in the general fund of the
32state.
33 Sec. 1805. Section 89.14, subsection 1, Code 2023, is
34amended to read as follows:
351. A boiler and pressure vessel board is created within
-1078-1the division of labor services of the department of workforce
2development to formulate definitions and rules requirements
3for the safe and proper installation, repair, maintenance,
4alteration, use, and operation of boilers and pressure vessels
5in this state.
6 Sec. 1806. Section 89.14, subsection 2, paragraph a, Code
72023, is amended to read as follows:
8a. The commissioner director or the commissioner’s
9 director’s designee.
10 Sec. 1807. Section 89.14, subsections 4, 6, and 8, Code
112023, are amended to read as follows:
124. The members of the board shall select a chairperson, vice
13chairperson, and secretary from their membership. However,
14neither the commissioner director nor the commissioner’s
15 director’s designee shall serve as chairperson. The board
16shall meet at least quarterly but may meet as often as
17necessary. Meetings shall be set by a majority of the board
18or upon the call of the chairperson, or in the chairperson’s
19absence, upon the call of the vice chairperson. A majority of
20the board members shall constitute a quorum.
216. A notice of defect or inspection report issued by the
22commissioner director pursuant to this chapter may, within
23thirty days after the making of the order, be appealed to
24the board. Board action constitutes final agency action for
25purposes of chapter 17A.
268. The board shall establish fees for examinations,
27inspections, annual statements, shop inspections, and other
28services. The fees shall reflect the actual costs and expenses
29necessary to operate the board and perform the duties of the
30commissioner director.
31 Sec. 1808. Section 89A.1, subsections 2 and 4, Code 2023,
32are amended by striking the subsections.
33 Sec. 1809. Section 89A.1, Code 2023, is amended by adding
34the following new subsections:
35 NEW SUBSECTION. 4A. “Department” means the department of
-1079-1inspections, appeals, and licensing.
2 NEW SUBSECTION. 4B. “Director” means the director of the
3department of inspections, appeals, and licensing.
4 Sec. 1810. Section 89A.1, subsections 11, 15, 16, and 19,
5Code 2023, are amended to read as follows:
611. “Inspector” means an inspector employed by the division
7 department for the purpose of administering this chapter.
815. “New installation” means a conveyance the construction
9or relocation of which is begun, or for which an application
10for a new installation permit is filed, on or after the
11effective date of rules relating to those permits adopted by
12the commissioner director under authority of this chapter. All
13other installations are existing installations.
1416. “Owner” means the owner of a conveyance, unless the
15conveyance is a new installation or is undergoing major
16alterations, in which case the owner shall be considered the
17person responsible for the installation or alteration of the
18conveyance until the conveyance has passed final inspection by
19the division department.
2019. “Special inspector” means an inspector commissioned
21by the labor commissioner director, and not employed by the
22division department.
23 Sec. 1811. Section 89A.3, subsections 6 and 8, Code 2023,
24are amended to read as follows:
256. The commissioner director shall furnish copies of
26the rules adopted pursuant to this chapter to any person who
27requests them, without charge, or upon payment of a charge not
28to exceed the actual cost of printing of the rules.
298. The commissioner director may adopt rules pursuant to
30chapter 17A relating to the denial, issuance, revocation, and
31suspension of special inspector commissions.
32 Sec. 1812. Section 89A.4, Code 2023, is amended to read as
33follows:
3489A.4 Commissioner’s Director’s duties and personnel.
35The commissioner director shall enforce the provisions of
-1080-1this chapter. The commissioner director shall employ personnel
2for the administration of this chapter pursuant to chapter 8A,
3subchapter IV.
4 Sec. 1813. Section 89A.5, Code 2023, is amended to read as
5follows:
689A.5 Registration of conveyances.
7The owner of every existing conveyance, whether or not
8dormant, shall register the conveyance with the commissioner
9 director, giving type, contract load and speed, name of
10manufacturer, its location, and the purpose for which it is
11used, and other information the commissioner director may
12require. Registration shall be made in a format required by
13the division department.
14 Sec. 1814. Section 89A.6, subsections 2, 4, and 5, Code
152023, are amended to read as follows:
162. Every existing conveyance registered with the
17commissioner director shall be inspected within one year
18after the effective date of the registration, except that the
19safety board may extend by rule the time specified for making
20inspections.
214. The inspections required by subsections 1 through 3
22shall be made only by inspectors or special inspectors. An
23inspection by a special inspector may be accepted by the
24commissioner director in lieu of a required inspection by an
25inspector.
265. A report of every inspection shall be filed with the
27commissioner director by the inspector or special inspector,
28in a format required by the commissioner director, after the
29inspection has been completed and within the time provided
30by rule, but not to exceed thirty days. The report shall
31include all information required by the commissioner director
32 to determine whether the conveyance is in compliance with
33applicable rules. For the inspection required by subsection
341, the report shall indicate whether the conveyance has
35been installed in accordance with the detailed plans and
-1081-1specifications approved by the commissioner director, and
2meets the requirements of the applicable rules. The failure
3of a special inspector to inform the commissioner director
4 of violations shall not subject the commissioner director to
5liability for any damages incurred.
6 Sec. 1815. Section 89A.7, Code 2023, is amended to read as
7follows:
889A.7 Alteration permits.
9The owner shall submit to the commissioner director detailed
10plans, specifications, and other information the commissioner
11 director may require for each conveyance to be altered,
12together with an application for an alteration permit, in
13a format required by the commissioner director. Repairs
14or replacements necessary for normal maintenance are not
15alterations, and may be made on existing installations with
16parts equivalent in material, strength, and design to those
17replaced and no plans or specifications or application need be
18filed for the repairs or replacements. However, this section
19does not authorize the use of any conveyance contrary to an
20order issued pursuant to section 89A.10, subsections 2 and 3.
21 Sec. 1816. Section 89A.8, Code 2023, is amended to read as
22follows:
2389A.8 New installation permits.
241. The installation or relocation of a conveyance shall
25not begin until an installation permit has been issued by the
26commissioner director.
272. An application for an installation permit shall be
28submitted in a format determined by the commissioner director.
293. a. If the application or any accompanying materials
30indicates a failure to comply with applicable rules, the
31commissioner director shall give notice of the compliance
32failures to the person filing the application.
33b. If the application indicates compliance with applicable
34rules or after compliance failures have been remedied, the
35commissioner director shall issue an installation permit for
-1082-1relocation or installation, as applicable.
2 Sec. 1817. Section 89A.9, subsection 1, Code 2023, is
3amended to read as follows:
41. Operating permits shall be issued by the commissioner
5 director to the owner of every conveyance when the inspection
6report indicates compliance with the applicable provisions
7of this chapter. However, a permit shall not be issued
8if the fees required by this chapter have not been paid.
9Permits shall be issued within thirty days after filing of
10the inspection report required by section 89A.6, unless the
11time is extended for cause by the division department. A
12conveyance shall not be operated after the thirty days or after
13an extension granted by the commissioner director has expired,
14unless an operating permit has been issued.
15 Sec. 1818. Section 89A.10, Code 2023, is amended to read as
16follows:
1789A.10 Enforcement orders by commissioner director —
18injunction.
191. If an inspection report indicates a failure to comply
20with applicable rules, or with the detailed plans and
21specifications approved by the commissioner director, the
22commissioner director may, upon giving notice, order the owner
23of a conveyance to make the changes necessary for compliance.
242. If the owner does not make the changes necessary for
25compliance as required in subsection 1 within the period
26specified by the commissioner director, the commissioner
27 director, upon notice, may suspend or revoke the operating
28permit, or may refuse to issue the operating permit for
29the conveyance. The commissioner director shall notify the
30owner of any action to suspend, revoke, or refuse to issue an
31operating permit and the reason for the action by service in
32the same manner as an original notice or by certified mail. An
33owner may appeal the commissioner’s director’s initial decision
34to the safety board. The decision of the safety board shall be
35considered final agency action pursuant to chapter 17A.
-1083- 13. If the commissioner director has reason to believe
2that the continued operation of a conveyance constitutes
3an imminent danger which could reasonably be expected to
4seriously injure or cause death to any person, in addition to
5any other remedies, the commissioner director may apply to the
6district court in the county in which such imminently dangerous
7condition exists for a temporary order for the purpose of
8enjoining such imminently dangerous conveyance. Upon hearing,
9if deemed appropriate by the court, a permanent injunction
10may be issued to ensure that such imminently dangerous
11conveyance be prevented or controlled. Upon the elimination
12or rectification of such imminently dangerous condition, the
13temporary or permanent injunction shall be vacated.
14 Sec. 1819. Section 89A.12, Code 2023, is amended to read as
15follows:
1689A.12 Access to conveyances.
17Every owner of a conveyance subject to regulation by
18this chapter shall grant access to that conveyance to the
19commissioner director and personnel of the division department.
20Inspections shall be permitted at reasonable times, with or
21without prior notice.
22 Sec. 1820. Section 89A.13, subsections 1, 2, and 4, Code
232023, are amended to read as follows:
241. An elevator safety board is created within the division
25of labor services in the department of workforce development
26 to formulate definitions and rules for the safe and proper
27installation, repair, maintenance, alteration, use, and
28operation of conveyances in this state.
292. The safety board is composed of nine members, one of
30whom shall be the commissioner director or the commissioner’s
31 director’s designee. The governor shall appoint the remaining
32eight members of the board, subject to senate confirmation, to
33staggered four-year terms which shall begin and end as provided
34in section 69.19. The members shall be as follows: two
35representatives from an elevator manufacturing company or
-1084-1its authorized representative; two representatives from
2elevator servicing companies; one building owner or manager;
3one representative employed by a local government in this
4state who is knowledgeable about building codes in this
5state; one representative of workers actively involved in the
6installation, maintenance, and repair of elevators; and one
7licensed mechanical engineer.
84. The members of the safety board shall select a
9chairperson, vice chairperson, and a secretary from their
10membership. However, neither the commissioner director nor the
11commissioner’s director’s designee shall serve as chairperson.
12The safety board shall meet at least quarterly but may meet as
13often as necessary. Meetings shall be set by a majority of the
14safety board or upon the call of the chairperson, or in the
15chairperson’s absence, upon the call of the vice chairperson.
16A majority of the safety board members shall constitute a
17quorum.
18 Sec. 1821. Section 89A.15, Code 2023, is amended to read as
19follows:
2089A.15 Inspections by local authorities.
21A city or other governmental subdivision shall not make or
22maintain any ordinance, bylaw, or resolution providing for the
23licensing of special inspectors. An ordinance or resolution
24relating to the inspection, construction, installation,
25alteration, maintenance, or operation of conveyances within
26the limits of the city or governmental subdivision which
27conflicts with this chapter or with rules adopted pursuant
28to this chapter is void. The commissioner director, in the
29commissioner’s director’s discretion, may accept inspections by
30local authorities in lieu of inspections required by section
3189A.6, but only upon a showing by the local authority that
32applicable laws and rules will be consistently and literally
33enforced and that inspections will be performed by special
34inspectors.
35 Sec. 1822. Section 89A.16, Code 2023, is amended to read as
-1085-1follows:
289A.16 Prosecution of offenses.
3The division department shall cause prosecution for the
4violation of the provisions of this chapter to be instituted
5by the attorney general in the county in which the violation
6occurred.
7 Sec. 1823. Section 89A.18, Code 2023, is amended to read as
8follows:
989A.18 Civil penalty.
10If upon notice and hearing the commissioner director
11 determines that an owner has operated a conveyance after an
12order of the commissioner director that suspends, revokes,
13or refuses to issue an operating permit for the conveyance
14has become final under section 89A.10, subsection 2, the
15commissioner director may assess a civil penalty against the
16owner in an amount not exceeding five hundred dollars, as
17determined by the commissioner director. An order assessing
18a civil penalty is subject to appeal under section 89A.10,
19subsection 2, in the same manner and to the same extent as
20decisions referred to in that subsection. The commissioner
21 director may commence an action in the district court to
22enforce payment of the civil penalty. A record of assessment
23against or payment of a civil penalty by any person for a
24violation of this section shall not be admissible as evidence
25in any court in any civil action. Revenue from the penalty
26provided in this section shall be remitted to the treasurer of
27state for deposit in the state general fund.
28 Sec. 1824. Section 89A.19, Code 2023, is amended to read as
29follows:
3089A.19 Elevator safety fund — fees appropriated.
31A revolving elevator safety fund is created in the state
32treasury under the control of the commissioner director and
33shall consist of moneys collected by the commissioner director
34 as fees. Moneys in the fund are appropriated to and shall
35be used by the commissioner director to pay the actual costs
-1086-1and expenses necessary to operate the safety board and perform
2the duties of the commissioner director as described in this
3chapter. All fees collected by the commissioner director
4 pursuant to this chapter shall be remitted to the treasurer
5of state to be deposited in the elevator safety fund. All
6salaries and expenses properly chargeable to the fund shall be
7paid from the fund. Section 8.33 does not apply to any moneys
8in the fund. Notwithstanding section 12C.7, subsection 2,
9interest or earnings on moneys deposited in the fund shall be
10credited to the fund.
11 Sec. 1825. Section 89B.3, Code 2023, is amended by adding
12the following new subsection:
13 NEW SUBSECTION. 01. “Commissioner” means the labor
14commissioner appointed pursuant to section 10A.203, or the
15labor commissioner’s designee.
16 Sec. 1826. Section 89B.3, subsection 1, Code 2023, is
17amended to read as follows:
181. “Division” means the division of labor services of the
19department of workforce development created under section 84A.1
20inspections, appeals, and licensing.
21 Sec. 1827. Section 90A.1, subsection 2, Code 2023, is
22amended to read as follows:
232. “Commissioner” means the state commissioner of athletics,
24who is also the labor commissioner appointed pursuant to
25section 91.2, director of the department of inspections,
26appeals, and licensing or the labor commissioner’s director’s
27 designee.
28 Sec. 1828. Section 91A.2, subsection 1, Code 2023, is
29amended by striking the subsection.
30 Sec. 1829. Section 91A.2, Code 2023, is amended by adding
31the following new subsection:
32 NEW SUBSECTION. 2A. “Director” means the director of the
33department of inspections, appeals, and licensing.
34 Sec. 1830. Section 91A.6, subsection 1, unnumbered
35paragraph 1, Code 2023, is amended to read as follows:
-1087- 1An employer shall after being notified by the commissioner
2 director pursuant to subsection 2:
3 Sec. 1831. Section 91A.6, subsection 2, Code 2023, is
4amended to read as follows:
52. The commissioner director shall notify an employer to
6comply with subsection 1 if the employer has paid a claim
7for unpaid wages or nonreimbursed authorized expenses and
8liquidated damages under section 91A.10 or if the employer
9has been assessed a civil money penalty under section 91A.12.
10However, a court may, when rendering a judgment for wages or
11nonreimbursed authorized expenses and liquidated damages or
12upholding a civil money penalty assessment, order that an
13employer shall not be required to comply with the provisions of
14subsection 1 or that an employer shall be required to comply
15with the provisions of subsection 1 for a particular period of
16time.
17 Sec. 1832. Section 91A.9, Code 2023, is amended to read as
18follows:
1991A.9 General powers and duties of the commissioner director.
201. The commissioner director shall administer and enforce
21the provisions of this chapter. The commissioner director may
22hold hearings and investigate charges of violations of this
23chapter.
242. The commissioner director may, consistent with due
25process of law, enter any place of employment to inspect
26records concerning wages and payrolls, to question the employer
27and employees, and to investigate such facts, conditions, or
28matters as are deemed appropriate in determining whether any
29person has violated the provisions of this chapter. However,
30such entry by the commissioner director shall only be in
31response to a written complaint.
323. The commissioner director may employ such qualified
33personnel as are necessary for the enforcement of this chapter.
34Such personnel shall be employed pursuant to chapter 8A,
35subchapter IV.
-1088- 14. The commissioner director shall, in consultation with
2the United States department of labor, develop a database of
3the employers in this state utilizing special certificates
4issued by the United States secretary of labor as authorized
5under 29 U.S.C. §214, and shall maintain the database.
65. The commissioner director shall promulgate, pursuant to
7chapter 17A, any rules necessary to carry out the provisions of
8this chapter.
9 Sec. 1833. Section 91A.10, Code 2023, is amended to read as
10follows:
1191A.10 Settlement of claims and suits for wages —
12prohibition against discharge of employee.
131. Upon the written complaint of the employee involved,
14the commissioner director may determine whether wages have
15not been paid and may constitute an enforceable claim. If
16for any reason the commissioner director decides not to make
17such determination, the commissioner director shall so notify
18the complaining employee within fourteen days of receipt of
19the complaint. The commissioner director shall otherwise
20notify the employee of such determination within a reasonable
21time and if it is determined that there is an enforceable
22claim, the commissioner director shall, with the consent of
23the complaining employee, take an assignment in trust for the
24wages and for any claim for liquidated damages without being
25bound by any of the technical rules respecting the validity of
26the assignment. However, the commissioner director shall not
27accept any complaint for unpaid wages and liquidated damages
28after one year from the date the wages became due and payable.
292. The commissioner director, with the assistance of the
30office of the attorney general if the commissioner director
31 requests such assistance, shall, unless a settlement is
32reached under this subsection, commence a civil action in any
33court of competent jurisdiction to recover for the benefit
34of any employee any wage, expenses, and liquidated damages’
35claims that have been assigned to the commissioner director
-1089-1 for recovery. The commissioner director may also request
2reasonable and necessary attorney fees. With the consent
3of the assigning employee, the commissioner director may
4also settle a claim on behalf of the assigning employee.
5Proceedings under this subsection and subsection 1 that precede
6commencement of a civil action shall be conducted informally
7without any party having a right to be heard before the
8commissioner director. The commissioner director may join
9various assignments in one claim for the purpose of settling or
10litigating their claims.
113. The provisions of subsections 1 and 2 shall not be
12construed to prevent an employee from settling or bringing an
13action for damages under section 91A.8 if the employee has not
14assigned the claim under subsection 1.
154. Any recovery of attorney fees, in the case of actions
16brought under this section by the commissioner director, shall
17be remitted by the commissioner director to the treasurer of
18state for deposit in the general fund of the state. Also, the
19commissioner director shall not be required to pay any filing
20fee or other court costs.
215. An employer shall not discharge or in any other manner
22discriminate against any employee because the employee has
23filed a complaint, assigned a claim, or brought an action
24under this section or has cooperated in bringing any action
25against an employer. Any employee may file a complaint with
26the commissioner director alleging discharge or discrimination
27within thirty days after such violation occurs. Upon receipt
28of the complaint, the commissioner director shall cause an
29investigation to be made to the extent deemed appropriate. If
30the commissioner director determines from the investigation
31that the provisions of this subsection have been violated, the
32commissioner director shall bring an action in the appropriate
33district court against such person. The district court shall
34have jurisdiction, for cause shown, to restrain violations of
35this subsection and order all appropriate relief including
-1090-1rehiring or reinstatement of the employee to the former
2position with back pay.
3 Sec. 1834. Section 91A.11, Code 2023, is amended to read as
4follows:
591A.11 Wage claims brought under reciprocity.
61. The commissioner director may enter into reciprocal
7agreements with the labor department or corresponding agency
8of any other state or its representatives for the collection
9in such other states of claims or judgments for wages and
10other demands based upon claims assigned to the commissioner
11 director.
122. The commissioner director may, to the extent provided
13for by any reciprocal agreement entered into by law or with an
14agency of another state as provided in this section, maintain
15actions in the courts of such other state to the extent
16permitted by the laws of that state for the collection of
17claims for wages, judgments and other demands and may assign
18such claims, judgments and demands to the labor department or
19agency of such other state for collection to the extent that
20such an assignment may be permitted or provided for by the laws
21of such state or by reciprocal agreement.
223. The commissioner director may, upon the written consent
23of the labor department or other corresponding agency of any
24other state or its representatives, maintain actions in the
25courts of this state upon assigned claims for wages, judgments
26and demands arising in such other state in the same manner
27and to the same extent that such actions by the commissioner
28 director are authorized when arising in this state. However,
29such actions may be maintained only in cases in which such
30other state by law or reciprocal agreement extends a like
31comity to cases arising in this state.
32 Sec. 1835. Section 91A.12, Code 2023, is amended to read as
33follows:
3491A.12 Civil penalties.
351. Any employer who violates the provisions of this chapter
-1091-1or the rules promulgated under it shall be subject to a civil
2money penalty of not more than five hundred dollars per pay
3period for each violation. The commissioner director may
4recover such civil money penalty according to the provisions
5of subsections 2 through 5. Any civil money penalty recovered
6shall be deposited in the general fund of the state.
72. The commissioner director may propose that an employer
8be assessed a civil money penalty by serving the employer with
9notice of such proposal in the same manner as an original
10notice is served under the rules of civil procedure. Upon
11service of such notice, the proposed assessment shall be
12treated as a contested case under chapter 17A. However, an
13employer must request a hearing within thirty days of being
14served.
153. If an employer does not request a hearing pursuant
16to subsection 2 or if the commissioner director determines,
17after an appropriate hearing, that an employer is in violation
18of this chapter, the commissioner director shall assess a
19civil money penalty which is consistent with the provisions
20of subsection 1 and which is rendered with due consideration
21for the penalty amount in terms of the size of the employer’s
22business, the gravity of the violation, the good faith of the
23employer, and the history of previous violations.
244. An employer may seek judicial review of any assessment
25rendered under subsection 3 by instituting proceedings for
26judicial review pursuant to chapter 17A. However, such
27proceedings must be instituted in the district court of the
28county in which the violation or one of the violations occurred
29and within thirty days of the day on which the employer was
30notified that an assessment has been rendered. Also, an
31employer may be required, at the discretion of the district
32court and upon instituting such proceedings, to deposit the
33amount assessed with the clerk of the district court. Any
34moneys so deposited shall either be returned to the employer
35or be forwarded to the commissioner director for deposit in
-1092-1the general fund of the state, depending on the outcome of the
2judicial review, including any appeal to the supreme court.
35. After the time for seeking judicial review has expired
4or after all judicial review has been exhausted and the
5commissioner’s director’s assessment has been upheld, the
6commissioner director shall request the attorney general to
7recover the assessed penalties in a civil action.
8 Sec. 1836. Section 91A.15, subsection 2, paragraph b, Code
92023, is amended to read as follows:
10b. The franchisor has been found by the commissioner
11 director to have exercised a type or degree of control over
12the franchisee or the franchisee’s employees that is not
13customarily exercised by a franchisor for the purpose of
14protecting the franchisor’s trademarks and brand.
15 Sec. 1837. Section 91C.1, Code 2023, is amended to read as
16follows:
1791C.1 Definition — exemption — combined registration and
18licensing process for plumbers and mechanical professionals.
191. As used in this chapter, unless the context otherwise
20requires, “contractor”:
21a. “Contractor”means a person who engages in the business
22of construction, as the term “construction” is defined in the
23Iowa administrative code for purposes of chapter 96, the Iowa
24employment security law. However, a person who earns less than
25two thousand dollars annually or who performs work or has work
26performed on the person’s own property is not a contractor for
27purposes of this chapter.
28b. “Department” means the department of inspections,
29appeals, and licensing.
30c. “Director” means the director of the department of
31inspections, appeals, and licensing.
322. The state, its boards, commissions, agencies,
33departments, and its political subdivisions including school
34districts and other special purpose districts, are not
35contractors for purposes of this chapter.
-1093- 12. 3. If a contractor’s registration application shows
2that the contractor is self-employed, does not pay more than
3two thousand dollars annually to employ other persons in the
4business, and does not work with or for other contractors in
5the same phases of construction, the contractor is exempt from
6the fee requirements under this chapter.
73. 4. a. The labor services division of the department of
8workforce development and the Iowa department of public health
9will work with stakeholders to develop a plan to combine the
10contractor registration and contractor licensing application
11process for contractors licensed under chapter 105, to be
12implemented in time for licensing renewals due July 1, 2017.
13Effective July 1, 2017, a A contractor licensed under chapter
14105 shall register as a contractor under this chapter in
15conjunction with the contractor licensing process established
16by the department. At no cost to the labor services division,
17the The department of public health shall collect both the
18registration and licensing applications as part of one combined
19application. The labor commissioner director shall design
20the contractor registration application form to exclude
21from the division of labor services’ department’s contractor
22registration application process those contractors who are also
23covered by chapter 103 or 105. The labor commissioner director
24 is authorized to adopt rules as needed to accomplish a merger
25of the application systems including transitional registration
26periods and fees.
27b. Effective July 1, 2017, excluding registrations by
28contractors that are exempt from the registration fee pursuant
29to this section, the department of public health shall collect
30and transfer to the labor services division a portion of each
31contractor license fee equal to three times the contractor
32registration fee for each three-year license or a prorated
33portion thereof using a one-sixth deduction for each six-month
34period of the renewal cycle.
35 Sec. 1838. Section 91C.2, Code 2023, is amended to read as
-1094-1follows:
291C.2 Registration required — conditions.
3A contractor doing business in this state shall register
4with the labor commissioner director and shall meet all of the
5following requirements as a condition of registration:
61. The contractor shall be in compliance with the laws of
7this state relating to workers’ compensation insurance and
8shall provide evidence of workers’ compensation insurance
9coverage annually, of relief from the insurance requirement
10pursuant to section 87.11, or a statement that the contractor
11is not required to carry workers’ compensation coverage.
12Notice of a policy’s cancellation shall be provided to the
13labor commissioner director by the insurance company.
142. The contractor shall possess an employer account number
15or a special contractor number issued by the department
16of workforce development pursuant to chapter 96, the Iowa
17employment security law.
183. An out-of-state contractor shall either file a surety
19bond, as provided in section 91C.7, with the division of labor
20services department in the amount of twenty-five thousand
21dollars or shall provide a statement to the division of labor
22services department that the contractor is prequalified to bid
23on projects for the department of transportation pursuant to
24section 314.1.
25 Sec. 1839. Section 91C.3, subsection 1, unnumbered
26paragraph 1, Code 2023, is amended to read as follows:
27The registration application shall be in the form prescribed
28by the labor commissioner director, shall be accompanied by
29the registration fee prescribed pursuant to section 91C.4, and
30shall contain information which is substantially complete and
31accurate. In addition to the information determined by the
32labor commissioner director to be necessary for purposes of
33section 91C.2, the application shall include information as to
34each of the following:
35 Sec. 1840. Section 91C.3, subsection 2, Code 2023, is
-1095-1amended to read as follows:
22. Any change in the information provided shall be reported
3promptly to the labor commissioner director.
4 Sec. 1841. Section 91C.4, Code 2023, is amended to read as
5follows:
691C.4 Fees.
7The labor commissioner director shall prescribe the fee for
8registration, which fee shall not exceed fifty dollars every
9year.
10 Sec. 1842. Section 91C.5, Code 2023, is amended to read as
11follows:
1291C.5 Public registration number — records — revocation.
131. The labor commissioner director shall issue to each
14registered contractor an identifying public registration
15number and shall compile records showing the names and public
16registration numbers of all contractors registered in the
17state. These records and the complete registration information
18provided by each contractor are public records and the labor
19commissioner director shall take steps as necessary to
20facilitate access to the information by governmental agencies
21and the general public.
222. The labor commissioner director shall revoke a
23registration number when the contractor fails to maintain
24compliance with the conditions necessary to obtain a
25registration. The labor commissioner director shall provide
26a fact-finding interview to assure that the contractor is not
27in compliance before revoking any registration. Hearings on
28revocation of registrations shall be held in accordance with
29section 91C.8.
30 Sec. 1843. Section 91C.6, Code 2023, is amended to read as
31follows:
3291C.6 Rules.
33The labor commissioner director shall adopt rules, pursuant
34to chapter 17A, determined to be reasonably necessary for
35phasing in, administering, and enforcing the system of
-1096-1contractor registration established by this chapter.
2 Sec. 1844. Section 91C.7, Code 2023, is amended to read as
3follows:
491C.7 Contracts — contractor’s bond.
51. A contractor who is not registered with the labor
6commissioner director as required by this chapter shall not be
7awarded a contract to perform work for the state or an agency
8of the state.
92. A surety bond filed pursuant to section 91C.2 shall
10be executed by a surety company authorized to do business in
11this state, and the bond shall be continuous in nature until
12canceled by the surety with not less than thirty days’ written
13notice to the contractor and to the division of labor services
14of the department of workforce development indicating the
15surety’s desire to cancel the bond. The surety company shall
16not be liable under the bond for any contract commenced after
17the cancellation of the bond. The division of labor services
18of the department of workforce development may increase the
19bond amount after a hearing.
203. Release of the bond shall be conditioned upon the
21payment of all taxes, including contributions due under
22the unemployment compensation insurance system, penalties,
23interest, and related fees, which may accrue to the state
24of Iowa. If at any time during the term of the bond,
25the department of revenue or the department of workforce
26development determines that the amount of the bond is not
27sufficient to cover the tax liabilities accruing to the state
28of Iowa, the labor commissioner director shall require the bond
29to be increased by an amount the labor commissioner director
30 deems sufficient to cover the tax liabilities accrued and
31accruing.
324. The department of revenue and the department of workforce
33development shall adopt rules for the collection of the
34forfeiture. Notice shall be provided to the surety and to
35the contractor. Notice to the contractor shall be mailed to
-1097-1the contractor’s last known address and to the contractor’s
2registered agent for service of process, if any, within the
3state. The contractor or surety shall have the opportunity to
4apply to the director of revenue for a hearing within thirty
5days after the giving of such notice. Upon the failure to
6timely request a hearing, the bond shall be forfeited. If,
7after the hearing upon timely request, the department of
8revenue or the department of workforce development finds
9that the contractor has failed to pay the total of all taxes
10payable, the department of revenue or the department of
11workforce development shall order the bond forfeited. The
12amount of the forfeiture shall be the amount of taxes payable
13or the amount of the bond, whichever is less. For purposes of
14this section “taxes payable” means all tax, penalties, interest,
15and fees that the department of revenue has previously
16determined to be due to the state by assessment or in an appeal
17of an assessment, including contributions to the unemployment
18compensation insurance system.
195. If it is determined that this section may cause denial
20of federal funds which would otherwise be available, or is
21otherwise inconsistent with requirements of federal law, this
22section shall be suspended, but only to the extent necessary to
23prevent denial of the funds or to eliminate the inconsistency
24with federal requirements.
256. The bond required by this section may be attached by the
26commissioner director for collection of fees and penalties due
27to the division.
28 Sec. 1845. Section 91C.8, Code 2023, is amended to read as
29follows:
3091C.8 Investigations — enforcement — administrative
31penalties.
321. The labor commissioner director and inspectors of the
33division of labor services of the department of workforce
34development have jurisdiction for investigation and enforcement
35in cases where contractors may be in violation of the
-1098-1requirements of this chapter or rules adopted pursuant to this
2chapter.
32. If, upon investigation, the labor commissioner director
4 or the commissioner’s director’s authorized representative
5believes that a contractor has violated any of the following,
6the commissioner director shall with reasonable promptness
7issue a citation to the contractor:
8a. The requirement that a contractor be registered.
9b. The requirement that the contractor’s registration
10information be substantially complete and accurate.
11c. The requirement that an out-of-state contractor file a
12bond with the division of labor services department.
133. Each citation shall be in writing and shall describe
14with particularity the nature of the violation, including a
15reference to the provision of the statute alleged to have been
16violated.
174. If a citation is issued, the commissioner director shall,
18within seven days, notify the contractor by service in the
19same manner as an original notice or by certified mail of the
20administrative penalty, if any, proposed to be assessed and
21that the contractor has fifteen working days within which to
22notify the commissioner director that the contractor wishes to
23contest the citation or proposed assessment of penalty.
245. The administrative penalties which may be imposed under
25this section shall be not more than five hundred dollars
26in the case of a first violation and not more than five
27thousand dollars for each violation in the case of a second or
28subsequent violation. All administrative penalties collected
29pursuant to this chapter shall be deposited in the general fund
30of the state.
316. If, within fifteen working days from the receipt of
32the notice, the contractor fails to notify the commissioner
33 director that the contractor intends to contest the citation
34or proposed assessment of penalty, the citation and the
35assessment, as proposed, shall be deemed a final order of the
-1099-1employment appeal board and not subject to review by any court
2or agency.
37. If the contractor notifies the commissioner director
4 that the contractor intends to contest the citation or proposed
5assessment of penalty, the commissioner director shall
6immediately advise the employment appeal board established by
7section 10A.601. The employment appeal board shall review the
8action of the commissioner director and shall thereafter issue
9an order, based on findings of fact, affirming, modifying, or
10vacating the commissioner’s director’s citation or proposed
11penalty or directing other appropriate relief, and the order
12shall become final sixty days after its issuance.
138. The labor commissioner director shall notify the
14department of revenue upon final agency action regarding
15the citation and assessment of penalty against a registered
16contractor.
179. Judicial review of any order of the employment appeal
18board issued pursuant to this section may be sought in
19accordance with the terms of chapter 17A. If no petition
20for judicial review is filed within sixty days after service
21of the order of the employment appeal board, the appeal
22board’s findings of fact and order shall be conclusive in
23connection with any petition for enforcement which is filed
24by the commissioner director after the expiration of the
25sixty-day period. In any such case, the clerk of court, unless
26otherwise ordered by the court, shall forthwith enter a decree
27enforcing the order and shall transmit a copy of the decree to
28the employment appeal board and the contractor named in the
29petition.
30 Sec. 1846. Section 91C.9, subsection 1, Code 2023, is
31amended to read as follows:
321. A contractor registration revolving fund is created in
33the state treasury. The revolving fund shall be administered
34by the commissioner director and shall consist of moneys
35collected by the commissioner director as fees. The
-1100-1commissioner director shall remit all fees collected pursuant
2to this chapter to the revolving fund. The moneys in the
3revolving fund are appropriated to and shall be used by the
4commissioner director to pay the actual costs and expenses
5necessary to perform the duties of the commissioner director
6 and the division of labor services department as described in
7this chapter. All salaries and expenses properly chargeable to
8the revolving fund shall be paid from the revolving fund.
9 Sec. 1847. Section 91D.1, subsection 1, paragraph c, Code
102023, is amended to read as follows:
11c. For purposes of determining whether an employee of a
12restaurant, hotel, motel, inn, or cabin, who customarily and
13regularly receives more than thirty dollars a month in tips
14is receiving the minimum hourly wage rate prescribed by this
15section, the amount paid the employee by the employer shall
16be deemed to be increased on account of the tips by an amount
17determined by the employer, not to exceed forty percent of
18the applicable minimum wage. An employee may file a written
19appeal with the labor commissioner director of the department
20of inspections, appeals, and licensing if the amount of tips
21received by the employee is less than the amount determined by
22the employer under this subsection.
23 Sec. 1848. Section 91D.1, subsection 3, paragraph b,
24subparagraph (2), Code 2023, is amended to read as follows:
25(2) The franchisor has been found by the labor commissioner
26 director of the department of inspections, appeals, and
27licensing to have exercised a type or degree of control over
28the franchisee or the franchisee’s employees that is not
29customarily exercised by a franchisor for the purpose of
30protecting the franchisor’s trademarks and brand.
31 Sec. 1849. Section 91D.1, subsection 5, Code 2023, is
32amended to read as follows:
335. The labor commissioner director of the department of
34inspections, appeals, and licensing shall adopt rules to
35implement and administer this section.
-1101-1 Sec. 1850. Section 91E.1, subsection 1, Code 2023, is
2amended by striking the subsection and inserting in lieu
3thereof the following:
41. “Director” means the director of the department of
5inspections, appeals, and licensing.
6 Sec. 1851. Section 91E.2, subsection 1, paragraph b, Code
72023, is amended to read as follows:
8b. If a Spanish-speaking interpreter is needed, the employer
9shall select an interpreter from a list of interpreters
10developed by the department of workforce development
11 inspections, appeals, and licensing.
12 Sec. 1852. Section 91E.5, Code 2023, is amended to read as
13follows:
1491E.5 Duties and authority of the commissioner director.
151. The commissioner director shall adopt rules to implement
16and enforce this chapter and shall provide further exemptions
17from the provisions of this chapter where reasonable.
182. In order to carry out the purposes of this chapter,
19the commissioner director or the commissioner’s director’s
20 representative, upon presenting appropriate credentials to the
21owner, operator, or agent in charge, may:
22a. Inspect employment records relating to the total number
23of employees and non-English speaking employees, and the
24services provided to non-English speaking employees.
25b. Interview an employer, owner, operator, agent, or
26employee, during working hours or at other reasonable times.
27 Sec. 1853. Section 92.1, Code 2023, is amended to read as
28follows:
2992.1 Street occupations — migratory labor.
301. No person under ten years of age shall be employed or
31permitted to work with or without compensation at any time
32within this state in street occupations of peddling, shoe
33polishing, the distribution or sale of newspapers, magazines,
34periodicals or circulars, nor in any other occupations in any
35street or public place. The labor commissioner director shall,
-1102-1when ordered by a judge of the juvenile court, issue a work
2permit as provided in this chapter to a person under ten years
3of age.
42. No person under twelve years of age shall be employed
5or permitted to work with or without compensation at any time
6within this state in connection with migratory labor, except
7that the labor commissioner director may upon sufficient
8showing by a judge of the juvenile court, issue a work permit
9as provided in this chapter to a person under twelve years of
10age.
11 Sec. 1854. NEW SECTION. 92.1B Definition.
12For purposes of this chapter, “director” means the director
13of the department of inspections, appeals, and licensing.
14 Sec. 1855. Section 92.4, subsection 1, Code 2023, is amended
15to read as follows:
161. Those persons legally out of school, if such status
17is verified by the submission of written proof to the labor
18commissioner director.
19 Sec. 1856. Section 92.6, subsection 1, paragraph g, Code
202023, is amended to read as follows:
21g. Occupations prohibited by rules adopted pursuant to
22chapter 17A by the labor commissioner director.
23 Sec. 1857. Section 92.8, subsection 21, Code 2023, is
24amended to read as follows:
2521. Occupations prohibited by rules adopted pursuant to
26chapter 17A by the labor commissioner director.
27 Sec. 1858. Section 92.11, unnumbered paragraph 1, Code
282023, is amended to read as follows:
29A work permit, except for migrant laborers, shall be issued
30only by the labor commissioner director upon the application of
31the parent, guardian, or custodian of the child desiring such
32permit. The application shall include the following:
33 Sec. 1859. Section 92.12, subsections 2 and 3, Code 2023,
34are amended to read as follows:
352. Work permits for migrant workers shall be issued by the
-1103-1labor commissioner director upon application of the parent or
2head of the migrant family. The application shall include
3documentation of proof of age as described in section 92.11,
4subsection 2.
53. One copy of the permit issued shall be given to the
6employer to be kept on file for the length of employment and
7upon termination of employment shall be returned to the labor
8commissioner director. The blank forms for the application
9for a work permit for migratory workers and the work permit
10for migratory workers shall be formulated by the commissioner
11 director.
12 Sec. 1860. Section 92.13, Code 2023, is amended to read as
13follows:
1492.13 Optional refusal of permit.
15The labor commissioner director may refuse to grant a
16permit if, in the commissioner’s director’s judgment, the best
17interests of the minor would be served by such refusal and the
18commissioner director shall keep a record of such refusals, and
19the reasons therefor.
20 Sec. 1861. Section 92.15, Code 2023, is amended to read as
21follows:
2292.15 Application to labor commissioner director.
23An application for a work permit pursuant to section 92.11
24or section 92.12 shall be submitted to the office of the labor
25commissioner director within three days after the child begins
26work.
27 Sec. 1862. Section 92.16, Code 2023, is amended to read as
28follows:
2992.16 Forms for permits formulated.
30The proper forms for the application for a work permit,
31the work permit, the certificate of age, and the physician’s
32certificate shall be formulated by the labor commissioner
33 director.
34 Sec. 1863. Section 92.21, Code 2023, is amended to read as
35follows:
-1104- 192.21 Rules and orders of labor commissioner director.
21. The labor commissioner director may adopt rules pursuant
3to chapter 17A to more specifically define the occupations
4and equipment permitted or prohibited in this chapter, to
5determine occupations for which work permits are required, and
6to issue general and special orders prohibiting or allowing
7the employment of persons under eighteen years of age in any
8place of employment defined in this chapter as hazardous to the
9health, safety, and welfare of the persons.
102. The labor commissioner director shall adopt rules
11pursuant to chapter 17A specifically defining the civil penalty
12amount to be assessed for violations of this chapter.
13 Sec. 1864. Section 92.22, Code 2023, is amended to read as
14follows:
1592.22 Labor commissioner Director to enforce — civil penalty
16— judicial review.
171. The labor commissioner director shall enforce this
18chapter. An employer who violates this chapter or the rules
19adopted pursuant to this chapter is subject to a civil penalty
20of not more than ten thousand dollars for each violation.
212. The commissioner director shall notify the employer
22of a proposed civil penalty by service in the same manner as
23an original notice or by certified mail. If, within fifteen
24working days from the receipt of the notice, the employer fails
25to file a notice of contest in accordance with rules adopted by
26the commissioner director pursuant to chapter 17A, the penalty,
27as proposed, shall be deemed final agency action for purposes
28of judicial review.
293. The commissioner director shall notify the department of
30revenue upon final agency action regarding the assessment of a
31penalty against an employer. Interest shall be calculated from
32the date of final agency action.
334. Judicial review of final agency action pursuant to
34this section may be sought in accordance with the terms of
35section 17A.19. If no petition for judicial review is filed
-1105-1within sixty days after service of the final agency action
2of the commissioner director, the commissioner’s director’s
3 findings of fact and final agency action shall be conclusive in
4connection with any petition for enforcement which is filed by
5the commissioner director after the expiration of the sixty-day
6period. In any such case, the clerk of court, unless otherwise
7ordered by the court, shall forthwith enter a decree enforcing
8the final agency action and shall transmit a copy of the decree
9to the commissioner director and the employer named in the
10petition.
115. Any penalties recovered pursuant to this section shall be
12remitted by the commissioner director to the treasurer of state
13for deposit in the general fund of the state.
146. Mayors and police officers, sheriffs, school
15superintendents, and school truant and attendance officers,
16within their several jurisdictions, shall cooperate in the
17enforcement of this chapter and furnish the commissioner
18 director and the commissioner’s director’s designees with all
19information coming to their knowledge regarding violations of
20this chapter. All such officers and any person authorized in
21writing by a court of record shall have the authority to enter,
22for the purpose of investigation, any of the establishments and
23places mentioned in this chapter and to freely question any
24person therein as to any violations of this chapter.
257. County attorneys shall investigate all complaints made
26to them of violations of this chapter, and prosecute all such
27cases of violation within their respective counties.
28 Sec. 1865. Section 96.1A, subsection 23, Code 2023, is
29amended to read as follows:
3023. “Hospital” means an institution which has been licensed,
31certified, or approved by the department of inspections, and
32 appeals, and licensing as a hospital.
33 Sec. 1866. Section 97B.20A, Code 2023, is amended to read
34as follows:
3597B.20A Appeal procedure.
-1106- 1Members and third-party payees may appeal any decision made
2by the system that affects their rights under this chapter.
3The appeal shall be filed with the system within thirty days
4after the notification of the decision was mailed to the
5party’s last known mailing address, or the decision of the
6system is final. If the party appeals the decision of the
7system, the system shall conduct an internal review of the
8decision and the chief executive officer shall notify the
9individual who has filed the appeal in writing of the system’s
10decision. The individual who has filed the appeal may file an
11appeal of the system’s final decision with the system under
12chapter 17A by notifying the system of the appeal in writing
13within thirty days after the notification of its final decision
14was mailed to the party’s last known mailing address. Once
15notified, the system shall forward the appeal to the department
16of inspections, and appeals, and licensing.
17 Sec. 1867. Section 97B.20B, Code 2023, is amended to read
18as follows:
1997B.20B Hearing by administrative law judge.
20If an appeal is filed and is not withdrawn, an administrative
21law judge in the department of inspections, and appeals, and
22licensing, after affording the parties reasonable opportunity
23for fair hearing, shall affirm, modify, or reverse the
24decision of the system. The hearing shall be recorded by
25mechanical means and a transcript of the hearing shall be
26made. The transcript shall then be made available for use by
27the employment appeal board and by the courts at subsequent
28judicial review proceedings under the Iowa administrative
29procedure Act, chapter 17A, if any. The parties shall be duly
30notified of the administrative law judge’s decision, together
31with the administrative law judge’s reasons. The decision is
32final unless, within thirty days after the date of notification
33or mailing of the decision, review by the employment appeal
34board is initiated pursuant to section 97B.27.
35 Sec. 1868. Section 97B.27, Code 2023, is amended to read as
-1107-1follows:
297B.27 Review of decision.
3Anyone aggrieved by the decision of the administrative law
4judge may, at any time before the administrative law judge’s
5decision becomes final, petition the department of inspections,
6 and appeals, and licensing for review by the employment appeal
7board established in section 10A.601. The appeal board shall
8review the record made before the administrative law judge, but
9no additional evidence shall be heard. On the basis of the
10record the appeal board shall affirm, modify, or reverse the
11decision of the administrative law judge and shall determine
12the rights of the appellant. It shall promptly notify the
13appellant and any other interested party by written decision.
14 Sec. 1869. Section 99B.1, subsection 13, Code 2023, is
15amended to read as follows:
1613. “Department” means the department of inspections, and
17 appeals, and licensing.
18 Sec. 1870. Section 99B.6, Code 2023, is amended to read as
19follows:
2099B.6 Attorney general and county attorney — prosecution.
21Upon request of the department of inspections, and appeals,
22and licensing or the division of criminal investigation of
23the department of public safety, the attorney general shall
24institute in the name of the state the proper proceedings
25against a person charged by either department with violating
26this chapter, and a county attorney, at the request of the
27attorney general, shall appear and prosecute an action when
28brought in the county attorney’s county.
29 Sec. 1871. Section 99B.7, Code 2023, is amended to read as
30follows:
3199B.7 Division of criminal investigation.
32The division of criminal investigation of the department of
33public safety may investigate to determine licensee compliance
34with the requirements of this chapter. Investigations may be
35conducted either on the criminal investigation division’s own
-1108-1initiative or at the request of the department of inspections,
2 and appeals, and licensing. The criminal investigation
3division and the department of inspections, and appeals, and
4licensing shall cooperate to the maximum extent possible on an
5investigation.
6 Sec. 1872. Section 99B.58, Code 2023, is amended to read as
7follows:
899B.58 Electrical or mechanical amusement devices — special
9fund.
10Fees collected by the department pursuant to sections 99B.53
11and 99B.56 shall be deposited in a special fund created in
12the state treasury. Moneys in the fund are appropriated to
13the department of inspections, and appeals, and licensing
14 and the department of public safety for administration and
15enforcement of this subchapter, including employment of
16necessary personnel. The distribution of moneys in the fund to
17the department of inspections, and appeals, and licensing and
18the department of public safety shall be pursuant to a written
19policy agreed upon by the departments. Notwithstanding section
2012C.7, subsection 2, interest or earnings on moneys deposited
21in the fund shall be credited to the fund. Notwithstanding
22section 8.33, moneys remaining in the fund at the end of a
23fiscal year shall not revert to the general fund of the state.
24 Sec. 1873. Section 99D.5, subsection 1, Code 2023, is
25amended to read as follows:
261. A state racing and gaming commission is created within
27the department of inspections, and appeals, and licensing
28 consisting of five members who shall be appointed by the
29governor subject to confirmation by the senate, and who shall
30serve not to exceed a three-year term at the pleasure of the
31governor. The term of each member shall begin and end as
32provided in section 69.19.
33 Sec. 1874. Section 99F.4B, Code 2023, is amended to read as
34follows:
3599F.4B Rules.
-1109- 1The department of inspections, and appeals, and licensing
2 shall cooperate to the maximum extent possible with the
3division of criminal investigation in adopting rules relating
4to the gaming operations in this chapter and chapters 99D and
599E.
6 Sec. 1875. Section 99F.20, subsection 1, Code 2023, is
7amended to read as follows:
81. A gaming regulatory revolving fund is created in
9the state treasury under the control of the department of
10inspections, and appeals, and licensing. The fund shall
11consist of fees collected and deposited into the fund paid
12by licensees pursuant to section 99D.14, subsection 2,
13paragraph “c”, fees paid by licensees pursuant to section
1499E.5, subsection 4, paragraph “c”, regulatory fees paid by
15licensees pursuant to section 99F.4, subsection 27, and fees
16paid by licensees pursuant to section 99F.10, subsection 4,
17paragraph “c”. All costs relating to racetrack, excursion
18boat, gambling structure, internet fantasy sports contests as
19defined in section 99E.1, and sports wagering regulation shall
20be paid from the fund as provided in appropriations made for
21this purpose by the general assembly. The department shall
22provide quarterly reports to the department of management and
23the legislative services agency specifying revenues billed
24and collected and expenditures from the fund in a format as
25determined by the department of management in consultation with
26the legislative services agency.
27 Sec. 1876. Section 123.3, subsection 23, Code 2023, is
28amended to read as follows:
2923. “Hotel” or “motel” means premises licensed by the
30department of inspections, and appeals, and licensing and
31regularly or seasonally kept open in a bona fide manner for the
32lodging of transient guests, and with twenty or more sleeping
33rooms.
34 Sec. 1877. Section 123.10, subsection 15, Code 2023, is
35amended to read as follows:
-1110- 115. Prescribing the uniform fee, not to exceed one hundred
2dollars, to be assessed against a licensee or permittee for
3a contested case hearing conducted by the division or by an
4administrative law judge from the department of inspections,
5 and appeals, and licensing which results in administrative
6action taken against the licensee or permittee by the division.
7 Sec. 1878. Section 123.17, subsection 4, Code 2023, is
8amended to read as follows:
94. The treasurer of state shall, each quarter, prepare
10an estimate of the gaming revenues and of the moneys to be
11deposited in the beer and liquor control fund that will become
12available during the remainder of the appropriate fiscal year
13for the purposes described in subsection 3. The department
14of management, the department of inspections, and appeals,
15and licensing, and the department of commerce shall take
16appropriate actions to provide that the sum of the amount of
17gaming revenues available to be deposited into the revenue
18bonds debt service fund and the revenue bonds federal subsidy
19holdback fund during a fiscal year and the amount of moneys to
20be deposited in the beer and liquor control fund available to
21be deposited into the revenue bonds debt service fund and the
22revenue bonds federal subsidy holdback fund during such fiscal
23year will be sufficient to cover any anticipated deficiencies.
24 Sec. 1879. Section 123.30, subsection 1, paragraph b, Code
252023, is amended to read as follows:
26b. As a condition for issuance of a retail alcohol license
27or wine or beer permit, the applicant must give consent
28to members of the fire, police, and health departments and
29the building inspector of cities; the county sheriff or
30deputy sheriff; members of the department of public safety;
31representatives of the division and of the department of
32inspections, and appeals, and licensing; certified police
33officers; and any official county health officer to enter upon
34areas of the premises where alcoholic beverages are stored,
35served, or sold, without a warrant during business hours of
-1111-1the licensee or permittee to inspect for violations of this
2chapter or ordinances and regulations that cities and boards
3of supervisors may adopt. However, a subpoena issued under
4section 421.17 or a warrant is required for inspection of
5private records, a private business office, or attached living
6quarters. Persons who are not certified peace officers shall
7limit the scope of their inspections of licensed premises
8to the regulatory authority under which the inspection is
9conducted. All persons who enter upon a licensed premises to
10conduct an inspection shall present appropriate identification
11to the owner of the establishment or the person who appears
12to be in charge of the establishment prior to commencing
13an inspection; however, this provision does not apply to
14undercover criminal investigations conducted by peace officers.
15 Sec. 1880. Section 123.32, subsection 6, paragraph b, Code
162023, is amended to read as follows:
17b. Upon receipt of an application having been approved by
18the local authority, the division shall make an investigation
19as the administrator deems necessary to determine that the
20applicant complies with all requirements for holding a license,
21and may require the applicant to appear to be examined under
22oath to demonstrate that the applicant complies with all of the
23requirements to hold a license. If the administrator requires
24the applicant to appear and to testify under oath, a record
25shall be made of all testimony or evidence and the record
26shall become a part of the application. The administrator
27may appoint a member of the division or may request an
28administrative law judge of the department of inspections, and
29 appeals, and licensing to receive the testimony under oath
30and evidence, and to issue a proposed decision to approve or
31disapprove the application for a license. The administrator
32may affirm, reverse, or modify the proposed decision to
33approve or disapprove the application for the license. If
34the application is approved by the administrator, the license
35shall be issued. If the application is disapproved by the
-1112-1administrator, the applicant shall be so notified by certified
2mail or personal service and the appropriate local authority
3shall be notified electronically, or in a manner prescribed by
4the administrator.
5 Sec. 1881. Section 123.32, subsections 7 and 9, Code 2023,
6are amended to read as follows:
77. Appeal to administrator. An applicant for a retail
8alcohol license may appeal from the local authority’s
9disapproval of an application for a license or permit to the
10administrator. In the appeal the applicant shall be allowed
11the opportunity to demonstrate in an evidentiary hearing
12conducted pursuant to chapter 17A that the applicant complies
13with all of the requirements for holding the license or permit.
14The administrator may appoint a member of the division or
15may request an administrative law judge from the department
16of inspections, and appeals, and licensing to conduct the
17evidentiary hearing and to render a proposed decision to
18approve or disapprove the issuance of the license or permit.
19The administrator may affirm, reverse, or modify the proposed
20decision. If the administrator determines that the applicant
21complies with all of the requirements for holding a license
22or permit, the administrator shall order the issuance of the
23license or permit. If the administrator determines that the
24applicant does not comply with the requirements for holding
25a license or permit, the administrator shall disapprove the
26issuance of the license or permit.
279. Suspension by local authority. A retail alcohol licensee
28whose license has been suspended or revoked or a civil penalty
29imposed by a local authority for a violation of this chapter
30or suspended by a local authority for violation of a local
31ordinance may appeal the suspension, revocation, or civil
32penalty to the administrator. The administrator may appoint
33a member of the division or may request an administrative
34law judge from the department of inspections, and appeals,
35and licensing to hear the appeal which shall be conducted in
-1113-1accordance with chapter 17A and to issue a proposed decision.
2The administrator may review the proposed decision upon the
3motion of a party to the appeal or upon the administrator’s
4own motion in accordance with chapter 17A. Upon review of the
5proposed decision, the administrator may affirm, reverse, or
6modify the proposed decision. A retail alcohol licensee or a
7local authority aggrieved by a decision of the administrator
8may seek judicial review of the decision pursuant to chapter
917A.
10 Sec. 1882. Section 123.39, subsection 1, paragraph e, Code
112023, is amended to read as follows:
12e. Before suspension, revocation, or imposition of a
13civil penalty by the administrator, the license, permit,
14or certificate holder shall be given written notice and an
15opportunity for a hearing. The administrator may appoint
16a member of the division or may request an administrative
17law judge from the department of inspections, and appeals,
18and licensing to conduct the hearing and issue a proposed
19decision. Upon the motion of a party to the hearing or
20upon the administrator’s own motion, the administrator may
21review the proposed decision in accordance with chapter 17A.
22 Upon review of the proposed decision, the administrator may
23affirm, reverse, or modify the proposed decision. A license,
24permit, or certificate holder aggrieved by a decision of the
25administrator may seek judicial review of the administrator’s
26decision in accordance with chapter 17A.
27 Sec. 1883. Section 125.18, Code 2023, is amended to read as
28follows:
29125.18 Hearing before board.
30If a licensee under this chapter makes a written request
31for a hearing within thirty days of suspension, revocation, or
32refusal to renew a license, a hearing before the board shall
33be expeditiously arranged by the department of inspections,
34 and appeals, and licensing whose decision is subject to review
35by the board. The board shall issue a written statement of
-1114-1the board’s findings within thirty days after conclusion of
2the hearing upholding or reversing the proposed suspension,
3revocation, or refusal to renew a license. Action involving
4suspension, revocation, or refusal to renew a license shall
5not be taken by the board unless a quorum is present at the
6meeting. A copy of the board’s decision shall be promptly
7transmitted to the affected licensee who may, if aggrieved by
8the decision, seek judicial review of the actions of the board
9in accordance with the terms of chapter 17A.
10 Sec. 1884. Section 135.16A, subsection 1, paragraph d, Code
112023, is amended to read as follows:
12d. “Grocery store” means a food establishment as defined
13in section 137F.1 licensed by the department of inspections,
14 and appeals, and licensing pursuant to section 137F.4, to sell
15food or food products to customers intended for preparation or
16consumption off premises.
17 Sec. 1885. Section 135.16A, subsection 2, paragraph a, Code
182023, is amended to read as follows:
19a. The department of inspections, and appeals, and licensing
20 shall assist the Iowa department of public health in adopting
21rules necessary to implement and administer this section.
22 Sec. 1886. Section 135.63, subsection 2, paragraph g,
23subparagraph (1), subparagraph division (a), Code 2023, is
24amended to read as follows:
25(a) The institutional health facility reports to the
26department the number and type of beds reduced on a form
27prescribed by the department at least thirty days before the
28reduction. In the case of a health care facility, the new bed
29total must be consistent with the number of licensed beds at
30the facility. In the case of a hospital, the number of beds
31must be consistent with bed totals reported to the department
32of inspections, and appeals, and licensing for purposes of
33licensure and certification.
34 Sec. 1887. Section 135B.1, subsection 1, Code 2023, is
35amended to read as follows:
-1115- 11. “Department” means the department of inspections, and
2 appeals, and licensing.
3 Sec. 1888. Section 135C.1, subsections 4, 6, and 20, Code
42023, are amended to read as follows:
54. “Department” means the department of inspections, and
6 appeals, and licensing.
76. “Director” means the director of the department of
8inspections, and appeals, and licensing, or the director’s
9designee.
1020. “Residential care facility” means any institution,
11place, building, or agency providing for a period exceeding
12twenty-four consecutive hours accommodation, board, personal
13assistance and other essential daily living activities to
14three or more individuals, not related to the administrator or
15owner thereof within the third degree of consanguinity, who by
16reason of illness, disease, or physical or mental infirmity
17are unable to sufficiently or properly care for themselves but
18who do not require the services of a registered or licensed
19practical nurse except on an emergency basis or who by reason
20of illness, disease, or physical or mental infirmity are unable
21to sufficiently or properly care for themselves but who do not
22require the services of a registered or licensed practical
23nurse except on an emergency basis if home and community-based
24services, other than nursing care, as defined by this chapter
25and departmental rule, are provided. For the purposes of
26this definition, the home and community-based services to be
27provided are limited to the type included under the medical
28assistance program provided pursuant to chapter 249A, are
29subject to cost limitations established by the department of
30human services under the medical assistance program, and except
31as otherwise provided by the department of inspections, and
32 appeals, and licensing with the concurrence of the department
33of human services, are limited in capacity to the number of
34licensed residential care facilities and the number of licensed
35residential care facility beds in the state as of December 1,
-1116-12003.
2 Sec. 1889. Section 135C.4, subsection 3, Code 2023, is
3amended to read as follows:
43. For the purposes of this section, the home and
5community-based services to be provided shall be limited to the
6type included under the medical assistance program provided
7pursuant to chapter 249A, shall be subject to cost limitations
8established by the department of human services under the
9medical assistance program, and except as otherwise provided by
10the department of inspections, and appeals, and licensing with
11the concurrence of the department of human services, shall be
12limited in capacity to the number of licensed residential care
13facilities and the number of licensed residential care facility
14beds in the state as of December 1, 2003.
15 Sec. 1890. Section 135C.19, subsection 3, Code 2023, is
16amended to read as follows:
173. If the facility cited subsequently advises the
18department of human services that the violation has been
19corrected to the satisfaction of the department of inspections,
20 and appeals, and licensing, the department of human services
21shall maintain this advisory in the same file with the copy
22of the citation. The department of human services shall
23not disseminate to the public any information regarding
24citations issued by the department of inspections, and appeals,
25and licensing, but shall forward or refer inquiries to the
26department of inspections, and appeals, and licensing.
27 Sec. 1891. Section 135C.31A, subsection 1, Code 2023, is
28amended to read as follows:
291. A health care facility shall assist the Iowa department
30of veterans affairs in identifying, upon admission of a
31resident, the resident’s eligibility for benefits through the
32United States department of veterans affairs. The department
33of inspections, and appeals, and licensing, in cooperation
34with the department of human services, shall adopt rules to
35administer this section, including a provision that ensures
-1117-1that if a resident is eligible for benefits through the United
2States department of veterans affairs or other third-party
3payor, the payor of last resort for reimbursement to the
4health care facility is the medical assistance program.
5The rules shall also require the health care facility to
6request information from a resident or resident’s personal
7representative regarding the resident’s veteran status and to
8report to the Iowa department of veterans affairs only the
9names of residents identified as potential veterans along with
10the names of their spouses and any dependents. Information
11reported by the health care facility shall be verified by the
12Iowa department of veterans affairs. This section shall not
13apply to the admission of an individual to a state mental
14health institute for acute psychiatric care or to the admission
15of an individual to the Iowa veterans home.
16 Sec. 1892. Section 135C.31A, subsection 2, paragraph b,
17Code 2023, is amended to read as follows:
18b. The department of inspections, and appeals, and
19licensing, the department of veterans affairs, and the
20department of human services shall identify any barriers
21to residents in accessing such prescription drug benefits
22and shall assist health care facilities in adjusting their
23procedures for medication administration to comply with this
24subsection.
25 Sec. 1893. Section 135C.33, subsection 7, paragraph a, Code
262023, is amended to read as follows:
27a. The department of inspections, and appeals, and
28licensing, in conjunction with other departments and agencies
29of state government involved with criminal history and
30abuse registry information, shall establish a single contact
31repository for facilities and other providers to have
32electronic access to data to perform background checks for
33purposes of employment, as required of the facilities and other
34providers under this section.
35 Sec. 1894. Section 135C.34, Code 2023, is amended to read
-1118-1as follows:
2135C.34 Medication aide — certification.
3The department of inspections, and appeals, and licensing,
4in cooperation with other appropriate agencies, shall establish
5a procedure to allow a person who is certified as a medication
6aide in another state to become certified in this state upon
7completion and passage of both the certified nurse aide and
8certified medication aide challenge examinations, without
9additional requirements for certification, including but
10not limited to, required employment in this state prior to
11certification. The department shall adopt rules pursuant to
12chapter 17A to administer this section.
13 Sec. 1895. Section 135G.1, subsection 2, Code 2023, is
14amended to read as follows:
152. “Department” means the department of inspections, and
16 appeals, and licensing.
17 Sec. 1896. Section 135G.10, subsection 1, unnumbered
18paragraph 1, Code 2023, is amended to read as follows:
19The department of inspections, and appeals, and licensing
20 and the department of human services shall collaborate
21in establishing standards for licensing of subacute care
22facilities to achieve all of the following objectives:
23 Sec. 1897. Section 135G.10, subsection 3, Code 2023, is
24amended to read as follows:
253. The department of inspections, and appeals, and
26licensing, in consultation with the department of human
27services and affected professional groups, shall adopt and
28enforce rules setting out the standards for a subacute care
29facility and the rights of the residents admitted to a subacute
30care facility. The department of inspections, and appeals, and
31licensing and the department of human services shall coordinate
32the adoption of rules and the enforcement of the rules in order
33to prevent duplication of effort by the departments and of
34requirements of the licensee.
35 Sec. 1898. Section 135G.11, subsection 2, Code 2023, is
-1119-1amended to read as follows:
22. Upon receipt of a complaint made in accordance with
3subsection 1, the department shall make a preliminary review
4of the complaint. Unless the department concludes that the
5complaint is intended to harass a subacute care facility or
6a licensee or is without reasonable basis, it shall within
7twenty working days of receipt of the complaint make or cause
8to be made an on-site inspection of the subacute care facility
9which is the subject of the complaint. The department of
10inspections, and appeals, and licensing may refer to the
11department of human services any complaint received by the
12department of inspections, and appeals, and licensing if the
13complaint applies to rules adopted by the department of human
14services. The complainant shall also be notified of the name,
15address, and telephone number of the designated protection and
16advocacy agency if the alleged violation involves a facility
17with one or more residents with a developmental disability or
18mental illness. In any case, the complainant shall be promptly
19informed of the result of any action taken by the department
20in the matter.
21 Sec. 1899. Section 135H.1, subsection 1, Code 2023, is
22amended to read as follows:
231. “Department” means the department of inspections, and
24 appeals, and licensing.
25 Sec. 1900. Section 135H.10, subsection 1, Code 2023, is
26amended to read as follows:
271. The department of inspections and appeals, in
28consultation with the department of human services and affected
29professional groups, shall adopt and enforce rules setting
30out the standards for a psychiatric medical institution
31for children and the rights of the residents admitted to a
32psychiatric institution. The department of inspections and
33appeals and the department of human services shall coordinate
34the adoption of rules and the enforcement of the rules in order
35to prevent duplication of effort by the departments and of
-1120-1requirements of the licensee.
2 Sec. 1901. Section 135H.12, subsection 1, Code 2023, is
3amended to read as follows:
41. Upon receipt of a complaint made in accordance with
5section 135H.11, the department shall make a preliminary review
6of the complaint. Unless the department concludes that the
7complaint is intended to harass a psychiatric institution or a
8licensee or is without reasonable basis, it shall within twenty
9working days of receipt of the complaint make or cause to be
10made an on-site inspection of the psychiatric institution which
11is the subject of the complaint. The department of inspections
12and appeals may refer to the department of human services any
13complaint received by the department if the complaint applies
14to rules adopted by the department of human services. The
15complainant shall also be notified of the name, address, and
16telephone number of the designated protection and advocacy
17agency if the alleged violation involves a facility with one
18or more residents with developmental disabilities or mental
19illness. In any case, the complainant shall be promptly
20informed of the result of any action taken by the department
21in the matter.
22 Sec. 1902. Section 135J.1, subsection 3, Code 2023, is
23amended to read as follows:
243. “Department” means the department of inspections, and
25 appeals, and licensing.
26 Sec. 1903. Section 135J.2, subsection 2, Code 2023, is
27amended to read as follows:
282. The hospice program shall meet the criteria pursuant
29to section 135J.3 before a license is issued. The department
30of inspections and appeals is responsible to provide the
31necessary personnel to inspect the hospice program, the home
32care and inpatient care provided and the hospital or facility
33used by the hospice to determine if the hospice complies with
34necessary standards before a license is issued. Hospices that
35are certified as Medicare hospice providers by the department
-1121-1of inspections and appeals or are accredited as hospices by
2the joint commission on the accreditation of health care
3organizations, shall be licensed without inspection by the
4department of inspections and appeals.
5 Sec. 1904. Section 135J.4, Code 2023, is amended to read as
6follows:
7135J.4 Inspection.
8The department of inspections and appeals shall make or be
9responsible for inspections of the hospice program, the home
10care and the inpatient care provided in the hospice program,
11and the hospital or facility before a license is issued. The
12department of inspections and appeals shall inspect the hospice
13program periodically after initial inspection.
14 Sec. 1905. Section 135O.1, subsections 1 and 2, Code 2023,
15are amended to read as follows:
161. “Boarding home” means a premises used by its owner
17or lessee for the purpose of letting rooms for rental to
18three or more persons not related within the third degree of
19consanguinity to the owner or lessee where supervision or
20assistance with activities of daily living is provided to such
21persons. A boarding home does not include a facility, home,
22or program otherwise subject to licensure or regulation by the
23department of health and human services, or the department of
24inspections and appeals, or department of public health.
252. “Department” means the department of inspections, and
26 appeals, and licensing.
27 Sec. 1906. Section 135O.2, subsection 2, Code 2023, is
28amended to read as follows:
292. The department of inspections and appeals shall adopt
30rules to administer this chapter in consultation with the
31departments of human services and public safety.
32 Sec. 1907. Section 135O.3, subsection 2, paragraph a, Code
332023, is amended to read as follows:
34a. The interagency approach may involve a multidisciplinary
35team consisting of employees of the department of inspections
-1122-1and appeals, the department of human services, the state fire
2marshal, and the division of criminal investigation of the
3department of public safety, or other local, state, and federal
4agencies.
5 Sec. 1908. Section 135O.3, subsection 4, Code 2023, is
6amended to read as follows:
74. If the department or a multidisciplinary team has
8probable cause to believe that a boarding home is in violation
9of this chapter or licensing or other regulatory requirements
10of the department of human services, department of inspections
11and appeals, or department of public health, or that dependent
12adult abuse of any individual living in a boarding home
13has occurred, and upon producing proper identification, is
14denied entry to the boarding home or access to any individual
15living in the boarding home for the purpose of making an
16inspection or conducting an investigation, the department or
17multidisciplinary team may, with the assistance of the county
18attorney of the county in which the boarding home is located,
19apply to the district court for an order requiring the owner or
20lessee to permit entry to the boarding home and access to the
21individuals living in the boarding home.
22 Sec. 1909. Section 135Q.1, subsection 1, Code 2023, is
23amended to read as follows:
241. “Department” means the department of inspections, and
25 appeals, and licensing.
26 Sec. 1910. Section 137C.2, subsections 2 and 3, Code 2023,
27are amended to read as follows:
282. “Director” means the director of the department of
29inspections, and appeals, and licensing or the director’s
30designee.
313. “Department” means the department of inspections, and
32 appeals, and licensing.
33 Sec. 1911. Section 137D.1, subsection 1, Code 2023, is
34amended to read as follows:
351. “Department” means the department of inspections, and
-1123-1 appeals, and licensing.
2 Sec. 1912. Section 137F.1, subsections 4 and 5, Code 2023,
3are amended to read as follows:
44. “Department” means the department of inspections, and
5 appeals, and licensing.
65. “Director” means the director of the department of
7inspections, and appeals, and licensing.
8 Sec. 1913. Section 137F.3A, Code 2023, is amended to read
9as follows:
10137F.3A Municipal corporation inspections — contingent
11appropriation.
121. a. The department of inspections and appeals may employ
13additional full-time equivalent positions to enforce the
14provisions of this chapter and chapters 137C and 137D, with
15the approval of the department of management, if either of the
16following apply:
17(1) A municipal corporation operating pursuant to a chapter
1828E agreement with the department of inspections and appeals
19 to enforce the chapters either fails to renew the agreement
20effective after April 1, 2007, or discontinues, after April
211, 2007, enforcement activities in one or more jurisdictions
22during the agreement time frame.
23(2) The department of inspections and appeals cancels an
24agreement after April 1, 2007, due to noncompliance with the
25terms of the agreement.
26b. Before approval may be given, the director of the
27department of management must have determined that the expenses
28exceed the funds budgeted by the general assembly for food
29inspections to the department of inspections and appeals. The
30department of inspections and appeals may hire no more than one
31full-time equivalent position for each six hundred inspections
32required pursuant to this chapter and chapters 137C and 137D.
332. Notwithstanding chapter 137D, and sections 137C.9 and
34137F.6, if the conditions described in this section are met,
35fees imposed pursuant to that chapter and those sections
-1124-1shall be retained by and are appropriated to the department
2of inspections and appeals each fiscal year to provide for
3salaries, support, maintenance, and miscellaneous purposes
4associated with the additional inspections. The appropriation
5made in this subsection is not applicable in a fiscal year for
6which the general assembly enacts an appropriation made for the
7purposes described in this subsection.
8 Sec. 1914. Section 147.77, subsection 1, paragraph g,
9unnumbered paragraph 1, Code 2023, is amended to read as
10follows:
11The department of inspections, and appeals, and licensing,
12with respect to rules relating to the following:
13 Sec. 1915. Section 147.77, subsection 1, paragraph g, Code
142023, is amended by adding the following new subparagraphs:
15 NEW SUBPARAGRAPH. (6) For applications for a license to
16practice asbestos removal, that except as noted in rule, only
17worker and contractor/supervisor license applicants must submit
18the respiratory protection and physician’s certification forms.
19 NEW SUBPARAGRAPH. (7) For documentation held by persons
20licensed for asbestos abatement in an area that is subject to
21a disaster emergency proclamation, that the director of the
22department of inspections, appeals, and licensing deems an
23individual contractor, supervisor, or worker to be licensed
24and authorized for asbestos abatement if the individual, in
25addition to other specified conditions, makes immediately
26available on the work site a copy of a physician’s statement
27indicating that, consistent with federal law, a licensed
28physician has examined the individual within the past twelve
29months and approved the individual to work while wearing a
30respirator.
31 NEW SUBPARAGRAPH. (8) That the contents of an application
32for an event license for a covered athletic event other than a
33professional wrestling event shall contain, along with other
34requirements, a copy of the medical license of the ringside
35physician and the date, time, and location of the ringside
-1125-1physician’s examination of the contestants.
2 NEW SUBPARAGRAPH. (9) For the responsibilities of the
3promoter of an athletic event, that the promoter submit test
4results to the ringside physician no later than at the time of
5the physical showing that each contestant scheduled for the
6event tested negative for the human immunodeficiency, hepatitis
7B, and hepatitis C viruses within the one-year period prior to
8the event, and that the contestant shall not participate and
9the physician shall notify the promoter that the contestant is
10prohibited from participating for medical reasons if specified
11circumstances occur.
12 NEW SUBPARAGRAPH. (10) For injuries during a professional
13boxing match, that if a contestant claims to be injured during
14the bout, the referee shall stop the bout and request the
15attending physician to make an examination. If the physician
16decides that the contestant has been injured as the result of a
17foul, the physician shall advise the referee of the injury. If
18the physician is of the opinion that the injured contestant may
19be able to continue, the physician shall order an intermission,
20after which the physician shall make another examination and
21again advise the referee of the injured contestant’s condition.
22It shall be the duty of the promoter to have an approved
23physician in attendance during the entire duration of all
24bouts.
25 NEW SUBPARAGRAPH. (11) For persons allowed in a ring during
26a professional boxing match, that no person other than the
27contestants and the referee shall enter the ring during the
28bout, excepting the seconds between the rounds or the attending
29physician if asked by the referee to examine an injury to a
30contestant.
31 NEW SUBPARAGRAPH. (12) For the weighing of contestants in
32a professional boxing match, that contestants shall be weighed
33and examined on the day of the scheduled match by the attending
34ring physician at a time and place to be determined by the
35state commissioner of athletics.
-1126-1 NEW SUBPARAGRAPH. (13) For attending ring physicians
2during a professional boxing match, that when a boxer has been
3injured seriously, knocked out, or technically knocked out, the
4referee shall immediately summon the attending ring physician
5to aid the stricken boxer, and that managers, handlers, and
6seconds shall not attend to the stricken boxer, except at the
7request of the physician.
8 NEW SUBPARAGRAPH. (14) For the keeping of time during a
9professional boxing match, that the timekeeper shall keep an
10exact record of time taken out at the request of a referee for
11an examination of a contestant by the physician.
12 NEW SUBPARAGRAPH. (15) For the suspension of contestants
13during a professional boxing match that is an elimination
14tournament, that a contestant who for specified reasons is not
15permitted to box in the state for a period of time shall be
16examined by a physician approved by the state commissioner of
17athletics before being permitted to fight again.
18 NEW SUBPARAGRAPH. (16) For the designation of officials for
19professional kickboxing, that the designation of physicians is
20subject to the approval of the state commissioner of athletics
21or designee.
22 NEW SUBPARAGRAPH. (17) For officials for a mixed martial
23arts event, that officials shall include a physician.
24 NEW SUBPARAGRAPH. (18) For the keeping of time for a mixed
25martial arts event, that the timekeeper shall keep an exact
26record of time taken out at the request of a referee for an
27examination of a contestant by the physician.
28 NEW SUBPARAGRAPH. (19) For persons allowed in the cage
29during a mixed martial arts event, that a physician may enter
30the cage to examine a contestant upon the request of the
31referee.
32 NEW SUBPARAGRAPH. (20) For the decorum of persons involved
33in a mixed martial arts event, that a contestant is exempt
34from prohibitions on specified conduct while interacting with
35the contestant’s opponent during a round, but if the round
-1127-1is stopped by the physician or referee for a time out, the
2prohibitions shall apply to the contestant.
3 NEW SUBPARAGRAPH. (21) For the examination of contestants
4in a mixed martial arts event, that on the day of the event,
5at a time and place to be approved by the state commissioner
6of athletics, the ringside physician shall conduct a rigorous
7physical examination to determine the contestant’s fitness
8to participate in a mixed martial arts match, and that
9a contestant deemed not fit by the physician shall not
10participate in the event.
11 NEW SUBPARAGRAPH. (22) For injuries during a mixed martial
12arts event, that if a contestant claims to be injured or
13when a contestant has been injured seriously or knocked out,
14the referee shall immediately stop the fight and summon the
15attending ring physician to make an examination of the stricken
16fighter. If the physician decides that the contestant has
17been injured, the physician shall advise the referee of the
18severity of the injury. If the physician is of the opinion the
19injured contestant may be able to continue, the physician shall
20order an intermission, after which the physician shall make
21another examination and again advise the referee of the injured
22contestant’s condition. Managers, handlers, and seconds shall
23not attend to the stricken fighter, except at the request of
24the physician.
25 Sec. 1916. Section 147.77, subsection 1, paragraph p,
26unnumbered paragraph 1, Code 2023, is amended to read as
27follows:
28The labor services division of the department of workforce
29development inspections, appeals, and licensing, with respect
30to rules relating to the following:
31 Sec. 1917. Section 147.77, subsection 1, paragraph p,
32subparagraphs (3) through (19), Code 2023, are amended by
33striking the subparagraphs.
34 Sec. 1918. Section 147.87, Code 2023, is amended to read as
35follows:
-1128- 1147.87 Enforcement.
2A board shall enforce the provisions of this chapter and the
3board’s enabling statute and for that purpose may request the
4department of inspections, and appeals, and licensing to make
5necessary investigations. Every licensee and member of a board
6shall furnish the board or the department of inspections, and
7 appeals, and licensing such evidence as the member or licensee
8may have relative to any alleged violation which is being
9investigated.
10 Sec. 1919. Section 147.88, Code 2023, is amended to read as
11follows:
12147.88 Inspections and investigations.
13The department of inspections, and appeals, and licensing
14 may perform inspections and investigations as required by this
15subtitle, except inspections and investigations for the board
16of medicine, board of pharmacy, board of nursing, and the
17dental board. The department of inspections, and appeals, and
18licensing shall employ personnel related to the inspection and
19investigative functions.
20 Sec. 1920. Section 155A.13, subsection 4, paragraph b, Code
212023, is amended to read as follows:
22b. To the maximum extent possible, the board shall
23coordinate the rules with the standards and conditions
24described in paragraph “a”, subparagraph (4), and shall
25coordinate its inspections of hospital pharmacies with the
26Medicare surveys of the department of inspections, and appeals,
27and licensing and with the board’s inspections with respect to
28controlled substances conducted under contract with the federal
29government.
30 Sec. 1921. Section 155A.15, subsection 2, paragraph d,
31subparagraph (5), Code 2023, is amended to read as follows:
32(5) A licensed health care facility which is furnished
33the drug or device by a pharmacy for storage in secured
34emergency pharmaceutical supplies containers maintained within
35the facility in accordance with rules of the department of
-1129-1inspections, and appeals, and licensing and rules of the board.
2 Sec. 1922. Section 169.14, subsection 1, Code 2023, is
3amended to read as follows:
41. The board, upon its own motion or upon a verified
5complaint in writing, may request the department of
6inspections, and appeals, and licensing to conduct an
7investigation of the charges contained in the complaint. The
8department of inspections, and appeals, and licensing shall
9report its findings to the board, and the board may issue an
10order fixing the time and place for hearing if a hearing is
11deemed warranted. A written notice of the time and place of
12the hearing, together with a statement of the charges, shall
13be served upon the licensee at least ten days before the
14hearing in the manner required for the service of notice of the
15commencement of an ordinary action.
16 Sec. 1923. Section 190B.102, subsection 3, Code 2023, is
17amended to read as follows:
183. The department of agriculture and land stewardship, the
19department of public health, the department of human services,
20and the department of inspections, and appeals, and licensing
21 shall cooperate with the department of revenue to administer
22this subchapter.
23 Sec. 1924. Section 217.34, Code 2023, is amended to read as
24follows:
25217.34 Debt setoff.
26The investigations division of the department of
27inspections, and appeals, and licensing and the department of
28human services shall provide assistance to set off against a
29person’s or provider’s income tax refund or rebate any debt
30which has accrued through written contract, nonpayment of
31premiums pursuant to section 249A.3, subsection 2, paragraph
32“a”, subparagraph (1), subrogation, departmental recoupment
33procedures, or court judgment and which is in the form of a
34liquidated sum due and owing the department of human services.
35The department of inspections, and appeals, and licensing,
-1130-1with approval of the department of human services, shall adopt
2rules under chapter 17A necessary to assist the department of
3administrative services in the implementation of the setoff
4under section 8A.504 in regard to money owed to the state for
5public assistance overpayments or nonpayment of premiums as
6specified in this section. The department of human services
7shall adopt rules under chapter 17A necessary to assist the
8department of administrative services in the implementation of
9the setoff under section 8A.504, in regard to collections by
10the child support recovery unit and the foster care recovery
11unit.
12 Sec. 1925. Section 217.35, unnumbered paragraph 1, Code
132023, is amended to read as follows:
14Notwithstanding the requirement for deposit of recovered
15moneys under section 239B.14, recovered moneys generated
16through fraud and recoupment activities are appropriated to
17the department of human services to be used for additional
18fraud and recoupment activities performed by the department of
19human services or the department of inspections, and appeals,
20and licensing. The department of human services may use
21the recovered moneys appropriated to add not more than five
22full-time equivalent positions, in addition to those funded
23by annual appropriations. The appropriation of the recovered
24moneys is subject to both of the following conditions:
25 Sec. 1926. Section 225C.4, subsection 1, paragraphs t and u,
26Code 2023, are amended to read as follows:
27t. In cooperation with the department of inspections, and
28 appeals, and licensing, recommend minimum standards under
29section 227.4 for the care of and services to persons with
30mental illness or an intellectual disability residing in county
31care facilities. The administrator shall also cooperate with
32the department of inspections, and appeals, and licensing
33 in recommending minimum standards for care of and services
34provided to persons with mental illness or an intellectual
35disability living in a residential care facility regulated
-1131-1under chapter 135C.
2u. In cooperation with the Iowa department of public health,
3recommend minimum standards for the maintenance and operation
4of public or private facilities offering disability services,
5which are not subject to licensure by the department or the
6department of inspections, and appeals, and licensing.
7 Sec. 1927. Section 225C.6, subsection 1, paragraph e, Code
82023, is amended to read as follows:
9e. Unless another governmental body sets standards for a
10service available to persons with disabilities, adopt state
11standards for that service. The commission shall review the
12licensing standards used by the department of human services or
13department of inspections, and appeals, and licensing for those
14facilities providing disability services.
15 Sec. 1928. Section 225C.6, subsection 4, paragraph a, Code
162023, is amended to read as follows:
17a. The department shall coordinate with the department of
18inspections, and appeals, and licensing in the establishment
19of facility-based and community-based, subacute mental health
20services.
21 Sec. 1929. Section 227.4, Code 2023, is amended to read as
22follows:
23227.4 Standards for care of persons with mental illness or an
24intellectual disability in county care facilities.
25The administrator, in cooperation with the department of
26inspections, and appeals, and licensing, shall recommend
27and the mental health and disability services commission
28created in section 225C.5 shall adopt, or amend and adopt,
29standards for the care of and services to persons with mental
30illness or an intellectual disability residing in county care
31facilities. The standards shall be enforced by the department
32of inspections, and appeals, and licensing as a part of the
33licensure inspection conducted pursuant to chapter 135C. The
34objective of the standards is to ensure that persons with
35mental illness or an intellectual disability who are residents
-1132-1of county care facilities are not only adequately fed, clothed,
2and housed, but are also offered reasonable opportunities for
3productive work and recreational activities suited to their
4physical and mental abilities and offering both a constructive
5outlet for their energies and, if possible, therapeutic
6benefit. When recommending standards under this section,
7the administrator shall designate an advisory committee
8representing administrators of county care facilities, regional
9administrators, mental health and disability services region
10governing boards, and county care facility certified volunteer
11long-term care ombudsmen to assist in the establishment of
12standards.
13 Sec. 1930. Section 231.42, subsections 4 and 10, Code 2023,
14are amended to read as follows:
154. Referrals of abuse, neglect, or exploitation.
16a. If abuse, neglect, or exploitation of a resident or
17tenant is suspected, the state or a local long-term care
18ombudsman shall, with the permission of the resident or tenant
19as applicable under federal law, make an immediate referral to
20the department of inspections, and appeals, and licensing, the
21department of human services, the department on aging, or the
22appropriate law enforcement agency, as applicable.
23b. If the department of inspections, and appeals, and
24licensing responds to a complaint referred by the state or
25a local long-term care ombudsman against a long-term care
26facility, assisted living program, elder group home, or an
27employee of such entity, copies of related inspection reports,
28plans of correction, and notice of any citations and sanctions
29levied against the facility, program, or home shall be
30forwarded to the office of long-term care ombudsman.
3110. Change in operations. A long-term care facility,
32assisted living program, or elder group home shall inform the
33office of long-term care ombudsman in writing at least thirty
34days prior to any change in operations, programs, services,
35licensure, or certification that affects residents or tenants,
-1133-1including but not limited to the intention to close, decertify,
2or change ownership. In an emergency situation, or when a
3long-term care facility, assisted living program, or elder
4group home is evacuated, the department of inspections, and
5 appeals, and licensing shall notify the office of long-term
6care ombudsman.
7 Sec. 1931. Section 231.58, Code 2023, is amended to read as
8follows:
9231.58 Long-term living coordination.
10The director may convene meetings, as necessary, of the
11director and the directors of human services, public health,
12and inspections, and appeals, and licensing, to assist in
13the coordination of policy, service delivery, and long-range
14planning relating to the long-term living system and older
15Iowans in the state. The group may consult with individuals,
16institutions and entities with expertise in the area of the
17long-term living system and older Iowans, as necessary, to
18facilitate the group’s efforts.
19 Sec. 1932. Section 231B.1, subsection 1, Code 2023, is
20amended to read as follows:
211. “Department” means the department of inspections, and
22 appeals, and licensing or the department’s designee.
23 Sec. 1933. Section 231C.2, subsection 4, Code 2023, is
24amended to read as follows:
254. “Department” means the department of inspections, and
26 appeals, and licensing or the department’s designee.
27 Sec. 1934. Section 231C.5A, Code 2023, is amended to read
28as follows:
29231C.5A Assessment of tenants — program eligibility.
30An assisted living program receiving reimbursement through
31the medical assistance program under chapter 249A shall
32assist the department of veterans affairs in identifying, upon
33admission of a tenant, the tenant’s eligibility for benefits
34through the United States department of veterans affairs. The
35assisted living program shall also assist the commission of
-1134-1veterans affairs in determining such eligibility for tenants
2residing in the program on July 1, 2009. The department
3of inspections, and appeals, and licensing, in cooperation
4with the department of human services, shall adopt rules to
5administer this section, including a provision that ensures
6that if a tenant is eligible for benefits through the United
7States department of veterans affairs or other third-party
8payor, the payor of last resort for reimbursement to the
9assisted living program is the medical assistance program.
10The rules shall also require the assisted living program
11to request information from a tenant or tenant’s personal
12representative regarding the tenant’s veteran status and to
13report to the department of veterans affairs only the names of
14tenants identified as potential veterans along with the names
15of their spouses and any dependents. Information reported by
16the assisted living program shall be verified by the department
17of veterans affairs.
18 Sec. 1935. Section 231D.1, subsection 3, Code 2023, is
19amended to read as follows:
203. “Department” means the department of inspections, and
21 appeals, and licensing.
22 Sec. 1936. Section 232.142, subsection 5, Code 2023, is
23amended to read as follows:
245. The director, the director of the department of human
25rights, or a designee of the director of the department of
26human rights shall approve annually all such homes established
27and maintained under the provisions of this chapter. A home
28shall not be approved unless it complies with minimal rules and
29standards adopted by the director and has been inspected by the
30department of inspections, and appeals, and licensing. The
31statewide number of beds in the homes approved by the director
32shall not exceed two hundred seventy-two beds beginning July 1,
332017. This subsection is repealed July 1, 2023.
34 Sec. 1937. Section 234.12, subsection 3, Code 2023, is
35amended to read as follows:
-1135- 13. Upon request by the department of human services, the
2department of inspections, and appeals, and licensing shall
3conduct investigations into possible fraudulent practices,
4as described in section 234.13, relating to food programs
5administered by the department of human services.
6 Sec. 1938. Section 235.5, Code 2023, is amended to read as
7follows:
8235.5 Inspections.
9The department of inspections, and appeals, and licensing
10 shall conduct inspections of private institutions for the care
11of dependent, neglected, and delinquent children in accordance
12with procedures established pursuant to chapters 10A and 17A.
13 Sec. 1939. Section 235A.15, subsection 2, paragraph e,
14subparagraph (17), Code 2023, is amended to read as follows:
15(17) To the department of inspections, and appeals, and
16licensing for purposes of record checks of applicants for
17employment with the department of inspections, and appeals, and
18licensing.
19 Sec. 1940. Section 235A.15, subsection 2, paragraph d,
20subparagraph (7), Code 2023, is amended to read as follows:
21(7) Each licensing board specified under chapter 147 and
22the Iowa department of public health inspections, appeals,
23and licensing for the purpose of licensure, certification or
24registration, disciplinary investigation, or the renewal of
25licensure, certification or registration, or disciplinary
26proceedings of health care professionals.
27 Sec. 1941. Section 235A.16, subsection 2, paragraph b, Code
282023, is amended to read as follows:
29b. The department of inspections, and appeals, and licensing
30 may provide access to the single contact repository established
31under section 135C.33, subsection 7, for criminal and abuse
32history checks made by those employers, agencies, and other
33persons that are authorized access to child abuse information
34under section 235A.15 and are required by law to perform such
35checks.
-1136-1 Sec. 1942. Section 235B.1, subsection 4, paragraph a,
2subparagraph (1), Code 2023, is amended to read as follows:
3(1) Advise the director of human services, the director
4of the department on aging, the director of inspections, and
5 appeals, and licensing, the director of public health, the
6director of the department of corrections, and the director of
7human rights regarding dependent adult abuse.
8 Sec. 1943. Section 235B.1, subsection 4, paragraph b,
9subparagraph (1), Code 2023, is amended to read as follows:
10(1) The advisory council shall consist of twelve members.
11Eight members shall be appointed by and serve at the pleasure
12of the governor. Four of the members appointed shall be
13appointed on the basis of knowledge and skill related to
14expertise in the area of dependent adult abuse including
15professionals practicing in the disciplines of medicine, public
16health, mental health, long-term care, social work, law,
17and law enforcement. Two of the members appointed shall be
18members of the general public with an interest in the area of
19dependent adult abuse and two of the members appointed shall
20be members of the Iowa caregivers association. In addition,
21the membership of the council shall include the director or the
22director’s designee of the department of human services, the
23department on aging, the Iowa department of public health, and
24the department of inspections, and appeals, and licensing.
25 Sec. 1944. Section 235B.3, subsection 1, paragraph a,
26subparagraphs (2), (3), and (4), Code 2023, are amended to read
27as follows:
28(2) However, the department of inspections, and appeals,
29and licensing is solely responsible for the evaluation and
30disposition of dependent adult abuse cases within facilities
31and programs pursuant to chapter 235E and shall inform
32the department of human services of such evaluations and
33dispositions pursuant to section 235E.2.
34(3) If, in the course of an assessment or evaluation
35of a report of dependent adult abuse, the department of
-1137-1human services or the department of inspections and appeals
2 determines the case involves wages, workplace safety, or
3other labor and employment matters under the jurisdiction of
4the department of inspections, appeals, and licensing or the
5 division of labor services of the department of workforce
6development inspections, appeals, and licensing, the relevant
7portions of the case shall be referred to the department
8of inspections, appeals, and licensing or the division, as
9applicable.
10(4) If, in the course of an assessment or evaluation of
11a report of dependent adult abuse, the department of human
12services or the department of inspections, and appeals, and
13licensing determines that the case involves discrimination
14under the jurisdiction of the civil rights commission,
15the relevant portions of the case shall be referred to the
16commission.
17 Sec. 1945. Section 235B.3, subsection 10, paragraph a, Code
182023, is amended to read as follows:
19a. If, upon completion of the evaluation or upon referral
20from the department of inspections, and appeals, and
21licensing, the department determines that the best interests
22of the dependent adult require court action, the department
23shall initiate action for the appointment of a guardian or
24conservator or for admission or commitment to an appropriate
25institution or facility pursuant to the applicable procedures
26under chapter 125, 222, 229, or 633, or shall pursue other
27remedies provided by law. The appropriate county attorney
28shall assist the department in the preparation of the necessary
29papers to initiate the action and shall appear and represent
30the department at all district court proceedings.
31 Sec. 1946. Section 235B.3, subsection 14, Code 2023, is
32amended to read as follows:
3314. The department of inspections, and appeals, and
34licensing shall adopt rules which require facilities or
35programs to separate an alleged dependent adult abuser from a
-1138-1victim following an allegation of perpetration of abuse and
2prior to the completion of an investigation of the allegation.
3 Sec. 1947. Section 235B.5, subsection 5, Code 2023, is
4amended to read as follows:
55. An oral report of suspected dependent adult abuse
6initially made to the central registry regarding a facility or
7program as defined in section 235E.1 shall be transmitted by
8the department to the department of inspections, and appeals,
9and licensing on the first working day following the submitting
10of the report.
11 Sec. 1948. Section 235B.6, subsection 2, paragraph e,
12subparagraph (9), Code 2023, is amended to read as follows:
13(9) The department of inspections, and appeals, and
14licensing for purposes of record checks of applicants for
15employment with the department of inspections, and appeals, and
16licensing.
17 Sec. 1949. Section 235B.7, subsection 2, paragraph b, Code
182023, is amended to read as follows:
19b. The department of inspections, and appeals, and licensing
20 may provide access to the single contact repository established
21under section 135C.33, subsection 7, for criminal and abuse
22history checks made by those employers, agencies, and other
23persons that are authorized access to dependent adult abuse
24information under section 235B.6 and are required by law to
25perform such checks.
26 Sec. 1950. Section 235B.16, subsections 2 and 4, Code 2023,
27are amended to read as follows:
282. The department, in cooperation with the department
29on aging and the department of inspections, and appeals, and
30licensing, shall institute a program of education and training
31for persons, including members of provider groups and family
32members, who may come in contact with dependent adult abuse.
33The program shall include but is not limited to instruction
34regarding recognition of dependent adult abuse and the
35procedure for the reporting of suspected abuse.
-1139- 14. The department of inspections, and appeals, and
2licensing shall provide training to investigators regarding
3the collection and preservation of evidence in the case of
4suspected dependent adult abuse.
5 Sec. 1951. Section 235B.16A, subsection 4, Code 2023, is
6amended to read as follows:
74. The department of human services shall cooperate with
8the department on aging, the departments of inspections, and
9 appeals, and licensing, public health, public safety, and
10workforce development, the civil rights commission, and other
11state and local agencies performing inspections or otherwise
12visiting residential settings where dependent adults live,
13to regularly provide training to the appropriate staff in
14the agencies concerning each agency’s procedures involving
15dependent adults, and to build awareness concerning dependent
16adults and reporting of dependent adult abuse.
17 Sec. 1952. Section 235E.1, subsection 3, Code 2023, is
18amended to read as follows:
193. “Department” means the department of inspections, and
20 appeals, and licensing.
21 Sec. 1953. Section 235E.2, subsection 5, Code 2023, is
22amended to read as follows:
235. Any other person who believes that a dependent adult
24has suffered dependent adult abuse may report the suspected
25dependent adult abuse to the department of inspections, and
26 appeals, and licensing. The department of inspections, and
27 appeals, and licensing shall transfer any reports received
28of dependent adult abuse in the community to the department
29of human services. The department of human services shall
30transfer any reports received of dependent adult abuse in
31facilities or programs to the department of inspections, and
32 appeals, and licensing.
33 Sec. 1954. Section 235F.6, subsection 4, Code 2023, is
34amended to read as follows:
354. The court may approve a consent agreement between the
-1140-1parties entered into to bring about the cessation of elder
2abuse. A consent agreement approved under this section shall
3not contain any of the following:
4a. A provision that prohibits any party to the action
5from contacting or cooperating with any government agency
6including the department of human services, the department of
7inspections, and appeals, and licensing, the department on
8aging, the department of justice, law enforcement, and the
9office of long-term care ombudsman; a licensing or regulatory
10agency that has jurisdiction over any license or certification
11held by the defendant; a protection and advocacy agency
12recognized in section 135C.2; or the defendant’s current
13employer if the defendant’s professional responsibilities
14include contact with vulnerable elders, dependent adults, or
15minors, if the party contacting or cooperating has a good-faith
16belief that the information is relevant to the duties or
17responsibilities of the entity.
18b. A provision that prohibits any party to the action
19from filing a complaint with or reporting a violation of law
20to any government agency including the department of human
21services, the department of inspections, and appeals, and
22licensing, the department on aging, the department of justice,
23law enforcement, and the office of long-term care ombudsman; a
24licensing or regulatory agency that has jurisdiction over any
25license or certification held by the defendant; a protection
26and advocacy agency recognized in section 135C.2; or the
27defendant’s current employer.
28c. A provision that requires any party to the action
29to withdraw a complaint filed with or a violation reported
30to any government agency including the department of human
31services, the department of inspections, and appeals, and
32licensing, the department on aging, the department of justice,
33law enforcement, and the office of long-term care ombudsman; a
34licensing or regulatory agency that has jurisdiction over any
35license or certification held by the defendant; a protection
-1141-1and advocacy agency recognized in section 135C.2; or the
2defendant’s current employer.
3 Sec. 1955. Section 237.7, Code 2023, is amended to read as
4follows:
5237.7 Reports and inspections.
6The administrator may require submission of reports by a
7licensee, and shall cause at least one annual unannounced
8inspection of each facility to assess the quality of the
9living situation and to determine compliance with applicable
10requirements and standards. The inspections shall be conducted
11by the department of inspections, and appeals, and licensing.
12The director of the department of inspections, and appeals, and
13licensing may examine records of a licensee, including but not
14limited to corporate records and board minutes, and may inquire
15into matters concerning a licensee and its employees relating
16to requirements and standards for child foster care under this
17chapter.
18 Sec. 1956. Section 237A.1, subsection 3, paragraph d, Code
192023, is amended to read as follows:
20d. A child care center for sick children operated as part
21of a pediatrics unit in a hospital licensed by the department
22of inspections, and appeals, and licensing pursuant to chapter
23135B.
24 Sec. 1957. Section 237A.8, Code 2023, is amended to read as
25follows:
26237A.8 Violations — actions against license or registration.
27The administrator, after notice and opportunity for an
28evidentiary hearing before the department of inspections, and
29 appeals, and licensing, may suspend or revoke a license or
30certificate of registration issued under this chapter or may
31reduce a license to a provisional license if the person to whom
32a license or certificate is issued violates a provision of this
33chapter or if the person makes false reports regarding the
34operation of the child care facility to the administrator or a
35designee of the administrator. The administrator shall notify
-1142-1the parent, guardian, or legal custodian of each child for whom
2the person provides child care at the time of action to suspend
3or revoke a license or certificate of registration.
4 Sec. 1958. Section 237A.29, subsection 2, paragraph b,
5unnumbered paragraph 1, Code 2023, is amended to read as
6follows:
7A child care provider that has been found by the department
8of inspections, and appeals, and licensing in an administrative
9proceeding or in a judicial proceeding to have obtained, or has
10agreed to entry of a civil judgment or judgment by confession
11that includes a conclusion of law that the child care provider
12has obtained, by fraudulent means, public funding for provision
13of child care in an amount equal to or in excess of the minimum
14amount for a fraudulent practice in the second degree under
15section 714.10, subsection 1, paragraph “a”, shall be subject
16to sanction in accordance with this subsection. Such child
17care provider shall be subject to a period during which receipt
18of public funding for provision of child care is conditioned
19upon no further violations and to one or more of the following
20sanctions as determined by the department of human services:
21 Sec. 1959. Section 237C.3, subsection 1, Code 2023, is
22amended to read as follows:
231. The department of human services shall consult with
24the department of education, the department of inspections,
25 and appeals, and licensing, the department of public health,
26the state fire marshal, and other agencies as determined by
27the department of human services to establish certification
28standards for children’s residential facilities in accordance
29with this chapter.
30 Sec. 1960. Section 237C.8, Code 2023, is amended to read as
31follows:
32237C.8 Reports and inspections.
33The administrator may require submission of reports by a
34certificate of approval holder and shall cause at least one
35annual unannounced inspection of a children’s residential
-1143-1facility to assess compliance with applicable requirements
2and standards. The inspections shall be conducted by the
3department of inspections, and appeals, and licensing in
4addition to initial, renewal, and other inspections that result
5from complaints or self-reported incidents. The department of
6inspections, and appeals, and licensing and the department of
7human services may examine records of a children’s residential
8facility and may inquire into matters concerning the children’s
9residential facility and its employees, volunteers, and
10subcontractors relating to requirements and standards for
11children’s residential facilities under this chapter.
12 Sec. 1961. Section 238.19, Code 2023, is amended to read as
13follows:
14238.19 Inspection generally.
15Authorized employees of the department of inspections, and
16 appeals, and licensing may inspect the premises and conditions
17of the agency at any time and examine every part of the agency;
18and may inquire into all matters concerning the agency and the
19children in the care of the agency.
20 Sec. 1962. Section 238.20, Code 2023, is amended to read as
21follows:
22238.20 Minimum inspection — record.
23Authorized employees of the department of inspections, and
24 appeals, and licensing shall visit and inspect the premises
25of licensed child-placing agencies at least once every twelve
26months and make and preserve written reports of the conditions
27found.
28 Sec. 1963. Section 239B.16, Code 2023, is amended to read
29as follows:
30239B.16 Appeal — judicial review.
31If an applicant’s application is not acted upon within a
32reasonable time, if it is denied in whole or in part, or if a
33participant’s assistance or other benefits under this chapter
34are modified, suspended, or canceled under a provision of
35this chapter, the applicant or participant may appeal to the
-1144-1department of human services which shall request the department
2of inspections, and appeals, and licensing to conduct a
3hearing. Upon completion of a hearing, the department of
4inspections, and appeals, and licensing shall issue a decision
5which is subject to review by the department of human services.
6Judicial review of the actions of the department of human
7services may be sought in accordance with chapter 17A. Upon
8receipt of a notice of the filing of a petition for judicial
9review, the department of human services shall furnish the
10petitioner with a copy of any papers filed in support of the
11petitioner’s position, a transcript of any testimony taken, and
12a copy of the department’s decision.
13 Sec. 1964. Section 249.5, Code 2023, is amended to read as
14follows:
15249.5 Judicial review.
16If an application is not acted upon within a reasonable
17time, if it is denied in whole or in part, or if an award
18of assistance is modified, suspended, or canceled under a
19provision of this chapter, the applicant or recipient may
20appeal to the department of human services, which shall request
21the department of inspections, and appeals, and licensing
22 to conduct a hearing. Upon completion of a hearing, the
23department of inspections, and appeals, and licensing shall
24issue a decision which is subject to review by the department
25of human services. Judicial review of the actions of the
26department of human services may be sought in accordance with
27chapter 17A. Upon receipt of the petition for judicial review,
28the department of human services shall furnish the petitioner
29with a copy of any papers filed by the petitioner in support of
30the petitioner’s position, a transcript of any testimony taken,
31and a copy of the department’s decision.
32 Sec. 1965. Section 249.11, subsection 2, Code 2023, is
33amended to read as follows:
342. The department of inspections, and appeals, and
35licensing shall conduct investigations and audits as deemed
-1145-1necessary to ensure compliance with state supplementary
2assistance programs administered under this chapter. The
3department of inspections, and appeals, and licensing shall
4cooperate with the department of human services on the
5development of procedures relating to such investigations and
6audits to ensure compliance with federal and state single state
7agency requirements.
8 Sec. 1966. Section 249A.4, subsection 11, Code 2023, is
9amended to read as follows:
1011. Shall provide an opportunity for a fair hearing before
11the department of inspections, and appeals, and licensing
12 to an individual whose claim for medical assistance under
13this chapter is denied or is not acted upon with reasonable
14promptness. Upon completion of a hearing, the department of
15inspections, and appeals, and licensing shall issue a decision
16which is subject to review by the department of human services.
17Judicial review of the decisions of the department of human
18services may be sought in accordance with chapter 17A. If
19a petition for judicial review is filed, the department of
20human services shall furnish the petitioner with a copy of
21the application and all supporting papers, a transcript of
22the testimony taken at the hearing, if any, and a copy of its
23decision.
24 Sec. 1967. Section 249A.50, subsection 2, Code 2023, is
25amended to read as follows:
262. The department of inspections, and appeals, and
27licensing shall conduct investigations and audits as deemed
28necessary to ensure compliance with the medical assistance
29program administered under this chapter. The department
30of inspections, and appeals, and licensing shall cooperate
31with the department of human services on the development of
32procedures relating to such investigations and audits to
33ensure compliance with federal and state single state agency
34requirements.
35 Sec. 1968. Section 249A.50, subsection 3, paragraph a, Code
-1146-12023, is amended to read as follows:
2a. A Medicaid fraud fund is created in the state treasury
3under the authority of the department of inspections, and
4 appeals, and licensing. Moneys from penalties, investigative
5costs recouped by the Medicaid fraud control unit, and other
6amounts received as a result of prosecutions involving
7the department of inspections, and appeals, and licensing
8 investigations and audits to ensure compliance with the medical
9assistance program that are not credited to the program shall
10be credited to the fund.
11 Sec. 1969. Section 321.11, subsections 3 and 4, Code 2023,
12are amended to read as follows:
133. Notwithstanding other provisions of this section to the
14contrary, the department shall not release personal information
15to a person, other than to an officer or employee of a law
16enforcement agency, an employee of a federal or state agency
17or political subdivision in the performance of the employee’s
18official duties, a contract employee of the department of
19inspections, and appeals, and licensing in the conduct of an
20investigation, or a licensed private investigation agency
21or a licensed security service or a licensed employee of
22either, if the information is requested by the presentation
23of a registration plate number. In addition, an officer or
24employee of a law enforcement agency may release the name,
25address, and telephone number of a motor vehicle registrant to
26a person requesting the information by the presentation of a
27registration plate number if the officer or employee of the law
28enforcement agency believes that the release of the information
29is necessary in the performance of the officer’s or employee’s
30duties.
314. The department shall not release personal information
32that is in the form of a person’s photograph or digital
33image or a digital reproduction of a person’s photograph to a
34person other than an officer or employee of a law enforcement
35agency, an employee of a federal or state agency or political
-1147-1subdivision in the performance of the employee’s official
2duties, a contract employee of the department of inspections,
3 and appeals, and licensing in the conduct of an investigation,
4or a licensed private investigation agency or a licensed
5security service or a licensed employee of either, regardless
6of whether a person has provided express written consent to
7disclosure of the information. The department may collect
8reasonable fees for copies of records or other services
9provided pursuant to this section or section 22.3, 321.10, or
10622.46.
11 Sec. 1970. 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, the
16department of inspections, and appeals, and licensing, 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. 1971. Section 321.211, subsection 1, Code 2023, is
21amended to read as follows:
221. Upon suspending the license of a person as authorized,
23the department shall immediately notify the licensee in writing
24and upon the licensee’s request shall afford the licensee an
25opportunity for a hearing before the department of inspections,
26 and appeals, and licensing as early as practical within
27thirty days after receipt of the request. The hearing shall
28be held by telephone conference unless the licensee and the
29department of inspections, and appeals, and licensing agree to
30hold the hearing in the county in which the licensee resides
31or in some other county. Upon the hearing the department of
32inspections, and appeals, and licensing may administer oaths
33and issue subpoenas for the attendance of witnesses and the
34production of relevant books and papers and may require a
35reexamination of the licensee. Upon the hearing and issuance
-1148-1of a recommendation by the department of inspections, and
2 appeals, and licensing, the state department of transportation
3shall either rescind its order of suspension or for good cause
4may extend the suspension of the license or revoke the license.
5This section does not preclude the director from attempting to
6effect an informal settlement under chapter 17A.
7 Sec. 1972. Section 322.9, subsection 1, Code 2023, is
8amended to read as follows:
91. The department may revoke or suspend the license of a
10retail motor vehicle dealer if, after notice and hearing by the
11department of inspections, and appeals, and licensing, it finds
12that the licensee has been guilty of an act which would be a
13ground for the denial of a license under section 322.6.
14 Sec. 1973. Section 322.9, subsection 2, unnumbered
15paragraph 1, Code 2023, is amended to read as follows:
16The department may revoke or suspend the license of a retail
17motor vehicle dealer if, after notice and hearing by the
18department of inspections, and appeals, and licensing, it finds
19that the licensee has been convicted or has forfeited bail on
20three charges of:
21 Sec. 1974. Section 322.24, subsection 1, Code 2023, is
22amended to read as follows:
231. The state department of transportation and the
24department of inspections, and appeals, and licensing may
25issue subpoenas to compel the attendance of witnesses and the
26production of documents, papers, books, records, and other
27evidence in any matter over which the respective department
28has jurisdiction, control, or supervision pertaining to this
29chapter.
30 Sec. 1975. Section 322A.3A, subsection 4, paragraph b, Code
312023, is amended to read as follows:
32b. After a hearing held as described in this subsection,
33the department of inspections, and appeals, and licensing
34 may affirm, deny, or modify the proposed alteration of a
35franchisee’s community, may enter any other orders necessary
-1149-1to ensure that an alteration of the franchisee’s community is
2reasonable in light of all the relevant circumstances, and
3may assess the costs of the hearing among the parties to the
4hearing as appropriate.
5 Sec. 1976. Section 322A.5, subsection 2, paragraph b,
6subparagraph (3), subparagraph division (b), Code 2023, is
7amended to read as follows:
8(b) Within thirty days of receiving the franchisee’s
9submission, the franchiser may choose to audit the submitted
10orders. The franchiser shall then approve or deny the
11establishment of the franchisee’s average percentage markup
12or labor rate. If the franchiser approves the establishment
13of the franchisee’s average percentage markup or labor rate,
14the markup or rate calculated under this subparagraph shall go
15into effect forty-five days after the date of the franchiser’s
16approval. If the franchiser denies the establishment of the
17franchisee’s average percentage markup or labor rate, the
18franchisee may file a complaint with the department and a
19hearing shall be held before the department of inspections,
20 and appeals, and licensing. The franchiser shall have the
21burden of proof to establish that the franchiser’s denial was
22reasonable. If the department of inspections, and appeals,
23and licensing finds the denial was not reasonable, the denial
24shall be deemed a violation of this chapter and the department
25of inspections, and appeals, and licensing shall determine
26the franchisee’s average percentage markup or labor rate for
27purposes of calculating a reasonable schedule of compensation.
28In making such a determination, the department of inspections,
29 and appeals, and licensing shall not consider retail service
30orders or portions of retail service orders attributable to
31routine maintenance such as tire service or oil service.
32 Sec. 1977. Section 322A.6, subsection 2, Code 2023, is
33amended to read as follows:
342. An applicant seeking permission to enter into a franchise
35for additional representation of the same line-make in a
-1150-1community shall deposit with the department at the time the
2application is filed, an amount of money to be determined by
3the department of inspections, and appeals, and licensing to
4pay the costs of the hearing.
5 Sec. 1978. Section 322A.7, subsection 1, Code 2023, is
6amended to read as follows:
71. Upon receiving an application, the department shall
8notify the department of inspections, and appeals, and
9licensing which shall enter an order fixing a time, which
10shall be within ninety days of the date of the order, and
11place of hearing, and shall send by certified or registered
12mail, with return receipt requested, a copy of the order
13to the franchisee whose franchise the franchiser seeks to
14terminate or not continue, or to the franchiser who is seeking
15to alter a franchisee’s community, as applicable. If the
16application requests permission to establish an additional
17motor vehicle dealership, a copy of the order shall be sent to
18all franchisees in the community who are then engaged in the
19business of offering to sell or selling the same line-make. If
20the application challenges the reasonableness of a proposed
21alteration to a franchisee’s community, a copy of the order
22shall be sent to all franchisees located in Iowa surrounding
23the affected community which are then engaged in the business
24of offering to sell or selling the same line-make. Copies of
25orders shall be addressed to the franchisee at the place where
26the business is conducted. The department of inspections, and
27 appeals, and licensing may also give notice of the franchiser’s
28application to any other parties deemed interested persons, the
29notice to be in the form and substance and given in the manner
30the department of inspections, and appeals, and licensing deems
31appropriate.
32 Sec. 1979. Section 322A.8, Code 2023, is amended to read as
33follows:
34322A.8 Continuation.
35If the department of inspections, and appeals, and licensing
-1151-1 finds it desirable it may upon request continue the date of
2hearing for a period of ninety days, and may upon application,
3but not ex parte, continue the date of hearing for an
4additional period of ninety days.
5 Sec. 1980. Section 322A.9, subsection 2, Code 2023, is
6amended to read as follows:
72. Nothing contained in this chapter shall be construed to
8require or authorize any investigation by the department of any
9matter before the department under this chapter. Upon hearing,
10the department of inspections, and appeals, and licensing shall
11hear the evidence introduced by the parties and shall make its
12decision solely upon the record so made.
13 Sec. 1981. Section 322A.10, Code 2023, is amended to read
14as follows:
15322A.10 Rules of evidence.
161. The rules of civil procedure relating to discovery and
17inspection shall apply to hearings held under the provisions of
18this chapter, and the department of inspections, and appeals,
19and licensing may issue orders to give effect to such rules.
202. In the event issues are raised which would involve
21violations of any state or federal antitrust or price-fixing
22law, all discovery and inspection proceedings which would be
23available under such issues in a state or federal court action
24shall be available to the parties to the hearing, and the
25department of inspections, and appeals, and licensing may issue
26orders to give effect to such proceedings.
273. Evidence which would be admissible under the issues in a
28state or federal court action is admissible in a hearing held
29by the department of inspections, and appeals, and licensing.
30The department of inspections, and appeals, and licensing shall
31apportion all costs between the parties.
32 Sec. 1982. Section 322A.13, Code 2023, is amended to read
33as follows:
34322A.13 Compulsory attendance at hearings.
35The department of inspections, and appeals, and licensing
-1152-1 may issue subpoenas, administer oaths, compel the attendance of
2witnesses and production of books, papers, documents, and all
3other evidence. The department of inspections, and appeals,
4and licensing may apply to the district court of the county
5wherein the hearing is being held for a court order enforcing
6this section.
7 Sec. 1983. Section 322A.15, subsection 1, unnumbered
8paragraph 1, Code 2023, is amended to read as follows:
9In determining whether good cause has been established for
10terminating or not continuing a franchise, the department
11of inspections, and appeals, and licensing shall take into
12consideration the existing circumstances, including, but not
13limited to:
14 Sec. 1984. Section 322A.15, subsection 1, paragraphs g and
15h, Code 2023, are amended to read as follows:
16g. Except as provided in section 322A.11, failure by the
17franchisee to substantially comply with those requirements
18of the franchise which are determined by the department of
19inspections, and appeals, and licensing to be reasonable and
20material.
21h. Except as provided in section 322A.11, bad faith by the
22franchisee in complying with those terms of the franchise which
23are determined by the department of inspections, and appeals,
24and licensing to be reasonable and material.
25 Sec. 1985. Section 322A.16, unnumbered paragraph 1, Code
262023, is amended to read as follows:
27In determining whether good cause has been established for
28entering into an additional franchise for the same line-make,
29the department of inspections, and appeals, and licensing shall
30take into consideration the existing circumstances, including,
31but not limited to:
32 Sec. 1986. Section 322A.17, subsection 1, Code 2023, is
33amended to read as follows:
341. A decision of the department of inspections, and appeals,
35and licensing is subject to review by the state department of
-1153-1transportation, whose decision is final agency action for the
2purpose of judicial review.
3 Sec. 1987. Section 322C.6, unnumbered paragraph 1, Code
42023, is amended to read as follows:
5A license issued under section 322C.4 or 322C.9 may be
6denied, revoked, or suspended, after opportunity for a
7hearing before the department of inspections, and appeals, and
8licensing in accordance with chapters 10A and 17A, if it is
9determined that the licensee or applicant has done any of the
10following:
11 Sec. 1988. Section 323.1, subsection 4, Code 2023, is
12amended to read as follows:
134. “Department” means the department of inspections, and
14 appeals, and licensing.
15 Sec. 1989. Section 324A.5, subsection 2, paragraph c, Code
162023, is amended to read as follows:
17c. The department of inspections, and appeals, and licensing
18 shall establish an appeal process pursuant to chapters 10A and
1917A which allows those agencies or organizations determined
20to not be in compliance with this chapter an opportunity for
21a timely hearing before the department of inspections, and
22 appeals, and licensing. A decision by the department of
23inspections, and appeals, and licensing is subject to review by
24the state department of transportation. The state department
25of transportation’s decision is the final agency action.
26Judicial review of the action of the department may be sought
27in accordance with chapter 17A.
28 Sec. 1990. Section 327C.8, Code 2023, is amended to read as
29follows:
30327C.8 Objections — hearing.
31A person directly affected by the proposed discontinuance
32of an agency may file written objections with the department
33stating the grounds for the objections, within fifteen days
34from the time of the publication of the notice as provided in
35section 327C.7. Upon the filing of objections the department
-1154-1shall request the department of inspections, and appeals, and
2licensing to hold a hearing, which shall be held within sixty
3days from the filing of the objections. Written notice of the
4time and place of the hearing shall be mailed by the department
5of inspections, and appeals, and licensing to the railroad
6corporation and the person filing objections at least ten days
7prior to the date fixed for the hearing.
8 Sec. 1991. Section 327C.12, Code 2023, is amended to read
9as follows:
10327C.12 Aid from courts.
11The department or the department of inspections, and
12 appeals, and licensing may invoke the aid of any court of
13record in the state in requiring the attendance and testimony
14of witnesses and the production of books, papers, tariff
15schedules, agreements, and other documents. If a person
16refuses to obey a subpoena or other process, a court having
17jurisdiction of the inquiry shall issue an order requiring any
18of the officers, agents, or employees of a carrier or other
19person to appear before either department and produce all books
20and papers required by the order and testify in relation to any
21matter under investigation.
22 Sec. 1992. Section 327C.17, Code 2023, is amended to read
23as follows:
24327C.17 Penalty.
25If a railroad fails or refuses to comply with a rule or
26order made by the state department of transportation or the
27department of inspections, and appeals, and licensing within
28the time specified, the railroad is, for each day of such
29failure, subject to a schedule “two” penalty.
30 Sec. 1993. Section 327C.19, subsection 1, Code 2023, is
31amended to read as follows:
321. A decision of the department of inspections, and appeals,
33and licensing is subject to review by the state department of
34transportation.
35 Sec. 1994. Section 327C.20, Code 2023, is amended to read
-1155-1as follows:
2327C.20 Remitting penalty.
3If a common carrier fails in a judicial review proceeding
4to secure a vacation of the order objected to, it may apply to
5the court in which the review proceeding is finally adjudicated
6for an order remitting the penalty which has accrued during
7the review proceeding. Upon a satisfactory showing that the
8petition for judicial review was filed in good faith and not
9for the purpose of delay, and that there were reasonable
10grounds to believe that the order was unreasonable or unjust
11or that the power of the department of transportation or the
12department of inspections, and appeals, and licensing to make
13the order was doubtful, the court may remit the penalty that
14has accrued during the review proceeding.
15 Sec. 1995. Section 327C.25, Code 2023, is amended to read
16as follows:
17327C.25 Complaints.
18A person may file with the department a petition setting
19forth any particular in which a common carrier has violated the
20law to which it is subject and the amount of damages sustained
21by reason of the violation. The department shall furnish a
22copy of the complaint to the carrier against which a complaint
23is filed. The department shall request the department
24of inspections, and appeals, and licensing to schedule a
25hearing in which the carrier shall answer the petition or
26satisfy the demands of the complaint. If the carrier fails
27to satisfy the complaint within the time fixed or there
28appears to be reasonable grounds for investigating the matters
29set forth in the petition, the department of inspections,
30 and appeals, and licensing shall hear and determine the
31questions involved and make orders it finds proper. If the
32department of transportation has reason to believe that a
33carrier is violating any of the laws to which it is subject,
34the department may institute an investigation and request
35the department of inspections, and appeals, and licensing to
-1156-1conduct a hearing in relation to the matters as if a petition
2had been filed.
3 Sec. 1996. Section 327C.26, Code 2023, is amended to read
4as follows:
5327C.26 Reports.
6When a hearing has been held before the department of
7inspections, and appeals, and licensing after notice, it shall
8make a report in writing setting forth the findings of fact
9and its conclusions together with its recommendations as to
10what reparation, if any, the offending carrier shall make to a
11party who has suffered damage. The findings of fact are prima
12facie evidence in all further legal proceedings of every fact
13found. All reports of hearings and investigations made by the
14department of inspections, and appeals, and licensing shall be
15entered of record and a copy furnished to the carrier against
16which the complaint was filed, to the party complaining, and
17to any other person having a direct interest in the matter. A
18reasonable fee not to exceed the actual duplication costs may
19be charged for the copies.
20 Sec. 1997. Section 327C.28, Code 2023, is amended to read
21as follows:
22327C.28 Violation of order — petition — notice.
23If a person violates or fails to obey a lawful order
24or requirement of the department of transportation or the
25department of inspections, and appeals, and licensing, the
26department of transportation or the department of inspections,
27 and appeals, and licensing shall apply by petition in the
28name of the state against the person, to the district court,
29alleging the violation or failure to obey. The court shall
30hear and determine the matter set forth in the petition on
31reasonable notice to the person, to be fixed by the court and
32to be served in the same manner as an original notice for the
33commencement of action.
34 Sec. 1998. Section 327C.29, Code 2023, is amended to read
35as follows:
-1157- 1327C.29 Interested party may begin proceedings.
2A person interested in enforcing an order or requirement
3of the department of transportation or the department of
4inspections, and appeals, and licensing, may file a petition
5against the violator, alleging the failure to comply with
6the order or requirement and asking for summary relief to
7the same extent and in the same manner as the department of
8transportation or the department of inspections, and appeals,
9and licensing may under section 327C.28, and the proceedings
10after the filing of the petition shall be the same as in
11section 327C.28.
12 Sec. 1999. Section 327D.4, Code 2023, is amended to read as
13follows:
14327D.4 Connections.
15If a railroad corporation in this state refuses to connect by
16proper switches or tracks with the tracks of another railroad
17corporation or refuses to receive, transport, load, discharge,
18reload, or return cars furnished by another connecting railroad
19corporation, a petition requesting resolution of the dispute
20may be filed with the department. The department shall notify
21the department of inspections, and appeals, and licensing
22 which shall hold a hearing on the dispute. Upon conclusion of
23the hearing, the department of inspections, and appeals, and
24licensing shall issue an order to resolve the dispute. The
25order may include the allocation of costs between the parties.
26The order is subject to review by the department which review
27shall be the final agency action.
28 Sec. 2000. Section 327D.53, Code 2023, is amended to read
29as follows:
30327D.53 Division of joint rates.
31Before the adoption of the rates, the department shall
32notify the railroad corporations interested in the schedule of
33joint rates fixed, and give them a reasonable time to agree
34upon a division of the charges provided. If the corporations
35fail to agree upon a division, and to notify the department
-1158-1of their agreement, the department shall, after a hearing
2conducted by the department of inspections, and appeals, and
3licensing, decide the rates, taking into consideration the
4value of terminal facilities and all the circumstances of
5the haul, and the division so determined by it is, in all
6controversies or actions between the railroad corporations
7interested, prima facie evidence of a just and reasonable
8division.
9 Sec. 2001. Section 327D.83, Code 2023, is amended to read
10as follows:
11327D.83 Rate hearing.
12If a schedule is filed with the department stating a rate,
13the department may, either upon complaint or upon its own
14motion, request the department of inspections, and appeals, and
15licensing to conduct a hearing concerning the propriety of the
16rate.
17 Sec. 2002. Section 327D.85, Code 2023, is amended to read
18as follows:
19327D.85 Rate proposal — review.
20At the hearing the department of inspections, and appeals,
21and licensing shall propose the rates on the schedule, in whole
22or in part, or others in lieu thereof, which the department
23of inspections, and appeals, and licensing finds are just and
24reasonable rates. The action of the department of inspections,
25 and appeals, and licensing is subject to review by the state
26department of transportation. The decision of the state
27department of transportation is the final agency action.
28 Sec. 2003. Section 327D.89, Code 2023, is amended to read
29as follows:
30327D.89 Complaint of violation.
31When a person complains to the department that the rate
32charged or published by a railway corporation, or the maximum
33rate fixed by law, is unreasonably high or discriminating,
34the department may investigate the matter, and request the
35department of inspections, and appeals, and licensing to
-1159-1conduct a hearing. The department of inspections, and appeals,
2and licensing shall give the parties notice of the time and
3place of the hearing.
4 Sec. 2004. Section 327D.90, Code 2023, is amended to read
5as follows:
6327D.90 Hearing — evidence.
7At the time of the hearing the department of inspections, and
8 appeals, and licensing shall receive any evidence and listen
9to any arguments presented by either party relevant to the
10matter under investigation, and the burden of proof is not
11upon the person making the complaint. The complainant shall
12add to the showing made at the hearing whatever information
13the complainant then has, or can obtain from any source.
14The department of inspections, and appeals, and licensing
15 shall propose just and reasonable rates, which may be adopted
16in whole or in part or modified as the state department of
17transportation determines.
18 Sec. 2005. Section 327D.128, Code 2023, is amended to read
19as follows:
20327D.128 Weighing — disagreement.
21If a railroad corporation and the owner, consignor,
22or consignee of car lots of bulk commodities cannot reach
23agreement relative to the weighing of the commodities, appeal
24may be made to the state department of transportation. The
25state department of transportation, after a hearing by the
26department of inspections, and appeals, and licensing, shall
27issue an order equitable to all parties including but not
28limited to allocation of costs and specification of the place
29and manner of weighing.
30 Sec. 2006. Section 327G.12, Code 2023, is amended to read
31as follows:
32327G.12 Overhead, underground, or more than one crossing.
33The owner of land may serve upon the railroad corporation
34a request in writing for more than one private crossing, or
35for an overhead or underground crossing, accompanied by a plat
-1160-1of the owner’s land designating the location and character
2of crossing desired. If the railroad corporation refuses or
3neglects to comply within thirty days of a written request,
4the owner of the land may make written application to the
5department to determine the owner’s rights. The department
6of inspections, and appeals, and licensing, after notice to
7the railroad corporation, shall hear the application and all
8objections to the application, and make an order which is
9reasonable and just, and if it requires the railroad company to
10construct any crossing or roadway, fix the time for compliance
11with the order and apportion the costs as appropriate. The
12order of the department of inspections, and appeals, and
13licensing is subject to review by the state department of
14transportation. The decision of the state department of
15transportation is the final agency action.
16 Sec. 2007. Section 327G.16, Code 2023, is amended to read
17as follows:
18327G.16 Disagreement — application — notice.
19If the persons specified in section 327G.15 cannot reach
20an agreement, either party may make written application to
21the department requesting resolution of the disagreement.
22The department shall request the department of inspections,
23 and appeals, and licensing to set a date for hearing. The
24department of inspections, and appeals, and licensing shall
25give ten days’ written notice of the hearing date.
26 Sec. 2008. Section 327G.17, Code 2023, is amended to read
27as follows:
28327G.17 Hearing — order.
291. The department of inspections, and appeals, and
30licensing shall hear the evidence of each party to the
31controversy and shall make an order, which may include,
32pursuant to chapters 6A and 6B, authority to condemn, resolving
33the controversy. The order shall include the portion of the
34expense to be paid by each party to the controversy. In
35determining what portion of the expense shall be paid by
-1161-1each party, the department of inspections, and appeals, and
2licensing may consider the ratio of the benefits accruing to
3the railroad or the governmental unit or both, to the general
4public use and benefit.
52. The order of the department of inspections, and appeals,
6and licensing is subject to review by the state department
7of transportation. The decision of the state department of
8transportation is the final agency action.
9 Sec. 2009. Section 327G.31, Code 2023, is amended to read
10as follows:
11327G.31 Disagreement resolved.
12If a railroad corporation and the jurisdiction having
13authority cannot reach agreement on grade crossing surface
14repair and maintenance, either party may appeal to the
15department of inspections, and appeals, and licensing if prior
16to disagreement both parties have filed a statement with the
17state department of transportation to the effect that they have
18entered into negotiations on grade crossing surface repair
19and maintenance of a particular crossing. The department of
20inspections, and appeals, and licensing shall resolve the
21dispute in the manner provided in sections 327G.16 and 327G.17,
22except for the allocation of costs.
23 Sec. 2010. Section 327G.32, subsections 3 and 4, Code 2023,
24are amended to read as follows:
253. Other portions of this section notwithstanding, a
26political subdivision may pass an ordinance regulating the
27length of time a specific crossing may be blocked if the
28political subdivision demonstrates that an ordinance is
29necessary for public safety or convenience. If an ordinance
30is passed, the political subdivision shall, within thirty days
31of the effective date of the ordinance, notify the department
32and the railroad corporation using the crossing affected by the
33ordinance. The ordinance does not become effective unless the
34department and the railroad corporation are notified within
35thirty days. The ordinance becomes effective thirty days
-1162-1after notification unless a person files an objection to the
2ordinance with the department. If an objection is filed the
3department shall notify the department of inspections, and
4 appeals, and licensing which shall hold a hearing. After
5a hearing by the department of inspections, and appeals,
6and licensing, the state department of transportation may
7disapprove the ordinance if public safety or convenience
8does not require the ordinance. The decision of the state
9department of transportation is final agency action. The
10ordinance approved by the political subdivision is prima facie
11evidence that the ordinance is adopted to preserve public
12safety or convenience.
134. The department of inspections, and appeals, and
14licensing when considering rebuttal evidence shall weigh the
15benefits accruing to the political subdivision as they affect
16the general public use compared to the burden placed on the
17railroad operation. Public safety or convenience may include,
18but is not limited to, high traffic density at a specific
19crossing of a main artery or interference with the flow of
20authorized emergency vehicles.
21 Sec. 2011. Section 327G.62, Code 2023, is amended to read
22as follows:
23327G.62 Controversies — hearing — order — review.
24When a disagreement arises between a railroad corporation,
25its grantee, or its successor in interest, and the owner,
26lessee, or licensee of a building or other improvement,
27including trackage, used for receiving, storing, transporting,
28or manufacturing an article of commerce transported or to
29be transported, situated on a present or former railroad
30right-of-way or on land owned or controlled by the railroad
31corporation, its grantee, or its successor in interest, as
32to the terms and conditions on which the article is to be
33continued or removed, the railway corporation, its grantee, or
34its successor in interest, or the owner, lessee, or licensee
35may make written application to the department. The department
-1163-1shall notify the department of inspections, and appeals, and
2licensing which shall hear and determine the controversy and
3make an order which is just and equitable between the parties.
4That order is subject to review by the state department of
5transportation. The decision of the state department of
6transportation is final agency action.
7 Sec. 2012. Section 327G.65, Code 2023, is amended to read
8as follows:
9327G.65 Cost of construction.
10The railroad corporation may require the person primarily to
11be served to pay the legitimate cost and expense of acquiring,
12by condemnation or purchase, the necessary right-of-way for the
13spur track and of constructing it, as determined in separate
14items by the department. Except as provided in section
15327G.66, the total cost as ascertained by the department
16shall be deposited with the railroad corporation before it is
17required to incur expense. If an agreement cannot be reached,
18the question shall be referred to the department which may,
19after a hearing conducted by the department of inspections, and
20 appeals, and licensing, issue an order.
21 Sec. 2013. Section 327G.78, subsection 1, Code 2023, is
22amended to read as follows:
231. Subject to section 6A.16 and 327G.77, when a railroad
24corporation, its trustee, or its successor in interest has
25interests in real property adjacent to a railroad right-of-way
26that are abandoned by order of the surface transportation
27board, reorganization court, bankruptcy court, or the
28department, or when a railroad corporation, its trustee, or
29its successor in interest seeks to sell its interests in
30that property under any other circumstance, the railroad
31corporation, its trustee, or its successor in interest shall
32extend a written offer to sell at a fair market value price to
33the persons holding leases, licenses, or permits upon those
34properties, allowing sixty days from the time of receipt for a
35written response. If a disagreement arises between the parties
-1164-1concerning the price or other terms of the sale transaction,
2either or both parties may make written application to the
3department to resolve the disagreement. The application shall
4be made within sixty days from the time an initial written
5response is served upon the railroad corporation, trustee,
6or successor in interest by the person wishing to purchase
7the property. The department shall notify the department of
8inspections, and appeals, and licensing which shall hear the
9controversy and make a final determination of the fair market
10value of the property and the other terms of the transaction
11which were in dispute, within ninety days after the application
12is filed. The determination is subject to review by the
13department and the department’s decision is the final agency
14action. All correspondence shall be by certified mail.
15 Sec. 2014. Section 327G.79, subsections 1 and 2, Code 2023,
16are amended to read as follows:
171. The department of inspections and appeals’, appeals, and
18licensing’s determination and order shall be just and equitable
19and, in the case of the determination of the fair market value
20of the property, shall be based in part upon at least three
21independent appraisals prepared by certified appraisers. Each
22party shall select one appraiser and each appraisal shall be
23paid for by the party for whom the appraisal is prepared.
24The two appraisers shall select a third appraiser and the
25costs of this appraisal shall be divided equally between the
26parties. If the appraisers selected by the parties cannot
27agree on selection of a third appraiser, the state department
28of transportation shall appoint a third appraiser and the costs
29of this appraisal shall be divided equally between the parties.
302. The department of inspections and appeals’, appeals, and
31licensing’s determination and order is final for the purpose
32of administrative review to the district court as provided in
33chapter 17A. The district court’s scope of review shall be
34confined to whether there is substantial evidence to support
35the department of inspections and appeals’, appeals, and
-1165-1licensing’s determination and order.
2 Sec. 2015. Section 331.324, subsection 1, paragraph e, Code
32023, is amended to read as follows:
4e. Cooperate with the workers’ compensation commissioner and
5comply with requirements imposed upon counties under chapters
686 chapter 10A, subchapter III, and chapter 87.
7 Sec. 2016. Section 331.394, subsection 5, paragraph c, Code
82023, is amended to read as follows:
9c. The county or region that received the notification,
10as applicable, shall respond to the party that provided
11the notification within forty-five days of receiving the
12notification. If the parties cannot agree to a settlement as
13to the person’s residency status within ninety days of the
14date of notification, on motion of any of the parties, the
15matter shall be referred to the department of inspections,
16 and appeals, and licensing for a contested case hearing under
17chapter 17A before an administrative law judge assigned in
18accordance with section 10A.801 to determine the person’s
19residency status.
20 Sec. 2017. Section 331.394, subsection 5, paragraph d,
21subparagraph (1), Code 2023, is amended to read as follows:
22(1) The administrative law judge’s determination of the
23person’s residency status shall be considered final agency
24action, notwithstanding contrary provisions of section 17A.15.
25The party that does not prevail in the determination or
26subsequent judicial review is liable for costs associated with
27the proceeding, including reimbursement of the department of
28inspections and appeals’, appeals, and licensing’s actual costs
29associated with the administrative proceeding. Judicial review
30of the determination may be sought in accordance with section
3117A.19.
32 Sec. 2018. Section 331.394, subsection 6, paragraph c, Code
332023, is amended to read as follows:
34c. The department, county, or region that received the
35notification, as applicable, shall respond to the party
-1166-1that provided the notification within forty-five days of
2receiving the notification. If the parties cannot agree to a
3settlement as to the dispute within ninety days of the date of
4notification, on motion of any of the parties, the matter shall
5be referred to the department of inspections, and appeals, and
6licensing for a contested case hearing under chapter 17A before
7an administrative law judge assigned in accordance with section
810A.801 to determine facts and issue a decision to resolve the
9dispute.
10 Sec. 2019. Section 331.394, subsection 6, paragraph d,
11subparagraph (1), Code 2023, is amended to read as follows:
12(1) The administrative law judge’s decision is a final
13agency action, notwithstanding contrary provisions of section
1417A.15. The party that does not prevail in the decision or
15subsequent judicial review is liable for costs associated with
16the proceeding, including reimbursement of the department of
17inspections and appeals’, appeals, and licensing’s actual
18costs associated with the administrative proceeding. Judicial
19review of the decision may be sought in accordance with section
2017A.19.
21 Sec. 2020. Section 331.653, subsection 10, Code 2023, is
22amended to read as follows:
2310. Cooperate with the division of labor services of the
24 department of workforce development inspections, appeals, and
25licensing in the enforcement of child labor laws as provided
26in section 92.22.
27 Sec. 2021. Section 331.756, subsections 16 and 55, Code
282023, are amended to read as follows:
2916. Institute legal proceedings against persons who
30violate laws administered by the division of labor services
31of the department of workforce development under chapter 10A,
32subchapter II, as provided in section 91.11 10A.210.
3355. Make a written report to the department of inspections,
34 and appeals, and licensing within fifteen days of the end of
35each calendar quarter of the amount of funds which were owed to
-1167-1the state for indigent defense services and which were recouped
2pursuant to subsection 5.
3 Sec. 2022. Section 423.3, subsection 18, paragraph a, Code
42023, is amended to read as follows:
5a. Residential care facilities and intermediate care
6facilities for persons with an intellectual disability and
7residential care facilities for persons with mental illness
8licensed by the department of inspections, and appeals, and
9licensing under chapter 135C.
10 Sec. 2023. Section 425.28, subsection 4, Code 2023, is
11amended to read as follows:
124. In addition to the sharing of information under
13subsection 3, the department of human services may release
14information pertaining to a person’s eligibility or claim
15for or receipt of rent reimbursement to an employee of the
16department of inspections, and appeals, and licensing in the
17employee’s official conduct of an audit or investigation.
18 Sec. 2024. Section 453A.2, subsection 6, Code 2023, is
19amended to read as follows:
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
25department 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, and licensing in accordance with
31the provisions of section 10A.801, to adjudicate the matter
32pursuant to chapter 17A.
33 Sec. 2025. Section 455B.135, Code 2023, is amended to read
34as follows:
35455B.135 Limit on authority.
-1168- 1Nothing contained in this subchapter II or chapter 459,
2subchapter II, shall be deemed to grant to the department or
3the director any authority or jurisdiction with respect to
4air pollution existing solely within residences; or solely
5within commercial and industrial plants, works, or shops under
6the jurisdiction of chapters chapter 10A, subchapter II, and
7chapter 88 and 91; or to affect the relations between employers
8and employees with respect to, or arising out of, any condition
9of air pollution.
10 Sec. 2026. Section 455B.145, subsection 2, paragraphs b and
11c, Code 2023, are amended to read as follows:
12b. The director shall promptly investigate the application
13and approve or disapprove the application. The director may
14conduct a public hearing before action is taken to approve or
15disapprove. If the director disapproves issuing a certificate,
16the political subdivision may appeal the action to the
17department of inspections, and appeals, and licensing. At the
18hearing on appeal, the department of inspections, and appeals,
19and licensing shall decide whether the local program is
20substantially consistent with the provisions of this subchapter
21II, or rules adopted under this subchapter II, and whether the
22local program is being enforced. The burden of proof shall be
23upon the political subdivision.
24c. If the director determines at any time that a local air
25pollution program is being conducted in a manner inconsistent
26with the substantive provisions of this subchapter II or the
27rules adopted under this subchapter II, the director shall
28notify the political subdivision, citing the deviations
29from the acceptable standards and the corrective measures
30to be completed within a reasonable amount of time. If the
31corrective measures are not implemented as prescribed, the
32director shall suspend in whole or in part the certificate of
33acceptance of such political subdivision and shall administer
34the regulatory provisions of this subchapter II in whole or in
35part within the political subdivision until the appropriate
-1169-1standards are met. Upon receipt of evidence that necessary
2corrective action has been taken, the director shall reinstate
3the suspended certificate of acceptance, and the political
4subdivision shall resume the administration of the local air
5pollution control program within its jurisdiction. In cases
6where the certificate of acceptance is suspended, the political
7subdivision may appeal the suspension to the department of
8inspections, and appeals, and licensing.
9 Sec. 2027. Section 455B.271, subsection 2, unnumbered
10paragraph 1, Code 2023, is amended to read as follows:
11Subject to appeal to the department of inspections, and
12 appeals, and licensing, a permit may be modified or canceled by
13the director if any of the following occur:
14 Sec. 2028. Section 455B.390, subsection 1, Code 2023, is
15amended to read as follows:
161. Hazardous conditions existing solely within and which
17will probably continue to exist solely within commercial and
18industrial plants, works, or shops under the jurisdiction of
19chapters chapter 10A, subchapter II, and chapter 88 and 91.
20 Sec. 2029. Section 515B.5, subsection 2, paragraph h, Code
212023, is amended to read as follows:
22h. Request that all future payments of workers’ compensation
23weekly benefits, medical expenses, or other payments under
24chapter 10A, subchapter III, chapter 85, 85A, 85B, 86, or 87
25be commuted to a present lump sum and upon the payment of
26which, either to the claimant or to a licensed insurer for
27purchase of an annuity or other periodic payment plan for the
28benefit of the claimant, the employer and the association shall
29be discharged from all further liability for the workers’
30compensation claim. Notwithstanding the provisions of
31section 85.45, any future payment of medical expenses, weekly
32compensation benefits, or other payment by the association
33under this chapter pursuant to chapter 10A, subchapter III,
34 chapter 85, 85A, 85B, 86, or 87, is deemed an undue expense,
35hardship, or inconvenience upon the employer for purposes of
-1170-1a full commutation pursuant to section 85.45, subsection 1,
2paragraph “b”, and the workers’ compensation commissioner shall
3fix the lump sum of the probable future medical expenses and
4weekly compensation benefits capitalized at their present value
5upon the basis of interest at the rate provided in section
6535.3 for court judgments and decrees.
7 Sec. 2030. Section 524.208, Code 2023, is amended to read
8as follows:
9524.208 Examiners and other employees.
10The superintendent may appoint examiners and other
11employees, including for the banking division’s internal
12information technology group, as the superintendent deems
13necessary to the proper discharge of the duties imposed upon
14the superintendent by the laws of this state. Pay plans shall
15be established for employees, other than clerical employees or
16employees of the professional licensing and regulation bureau
17of the banking division, who examine the accounts and affairs
18of state banks and who examine the accounts and affairs of
19other persons, subject to supervision and regulation by the
20superintendent, which are substantially equivalent to those
21paid by the federal deposit insurance corporation and other
22federal supervisory agencies in this area of the United States.
23 Sec. 2031. Section 524.211, subsection 5, Code 2023, is
24amended to read as follows:
255. An employee of the banking division, other than the
26superintendent or a member of the state banking council or one
27of the boards in the professional licensing and regulation
28bureau of the division, shall not perform any services for, and
29shall not be a shareholder, member, partner, owner, director,
30officer, or employee of, any enterprise, person, or affiliate
31subject to the regulatory purview of the banking division.
32 Sec. 2032. Section 542B.22, Code 2023, is amended to read
33as follows:
34542B.22 Procedure.
35Proceedings for any action under section 542B.21 shall be
-1171-1begun by filing with the board written charges against the
2accused. Upon the filing of charges the board may request
3the department of inspections, and appeals, and licensing to
4conduct an investigation into the charges. The department
5of inspections, and appeals, and licensing shall report its
6findings to the board, and the board shall designate a time
7and place for a hearing, and shall notify the accused of this
8action and furnish the accused a copy of all charges at least
9thirty days prior to the date of the hearing. The accused has
10the right to appear personally or by counsel, to cross-examine
11witnesses, and to produce witnesses in defense.
12 Sec. 2033. Section 543C.4, subsections 1 and 2, Code 2023,
13are amended to read as follows:
141. The commission may request the department of
15inspections, and appeals, and licensing to conduct an
16investigation and inspection to be made of any subdivided land
17proposed to be offered for sale or lease in this state pursuant
18to this chapter. The department of inspections, and appeals,
19and licensing shall make a report of its findings.
202. If an inspection is to be made of subdivided land
21situated outside of this state and offered for sale in this
22state, the inspection as authorized by subsection 1 shall
23be made by the department of inspections, and appeals,
24and licensing at the expense of the subdivider. After the
25application required by section 543C.2 is filed and after
26the filing fee required by section 543C.8 is received, the
27commission may decide whether an inspection pursuant to this
28subsection is to be made. If the commission requires an
29inspection, the department of inspections, and appeals, and
30licensing shall so notify the subdivider and the subdivider
31shall remit to the department an amount equivalent to the
32round trip cost of travel from this state to the location
33of the project, as estimated by the department and a further
34amount estimated to be necessary to cover the additional
35expenses of inspection but not to exceed fifty dollars a day
-1172-1for each day incurred in the inspection. The costs of any
2subsequent inspections deemed necessary shall be paid for by
3the subdivider. At the completion of an inspection trip the
4department shall furnish the subdivider a statement as to the
5costs of the inspection trip, and if the costs are less than
6the amount advanced by the subdivider to the department, the
7remaining balance shall be refunded to the subdivider.
8 Sec. 2034. Section 544B.16, Code 2023, is amended to read
9as follows:
10544B.16 Complaints — procedure.
11A person may file a complaint with the board against a
12professional landscape architect or the board may initiate
13a complaint. Unless the complaint is dismissed by the
14board as unfounded or trivial, the board may request the
15department of inspections, and appeals, and licensing to
16conduct an investigation into the complaint. The department
17of inspections, and appeals, and licensing shall report its
18findings to the board, and the board shall hold a hearing
19within sixty days after the date on which the complaint is
20filed. The board shall fix the time and place for such hearing
21and shall cause a copy of the complaint, together with a notice
22of the time and place fixed for the hearing, to be served on
23the accused at least thirty days before the date fixed for the
24hearing. Where personal service cannot be effected, service
25may be effected by publication. At such hearing, the accused
26shall have the right to appear personally or by counsel, to
27cross-examine witnesses against the accused, and to produce
28evidence and witnesses in defense. After the hearing, the
29board may suspend or revoke the certificate of licensure. The
30board may restore the certificate of licensure to any person
31whose certificate of licensure has been revoked. Application
32for the restoration of a certificate of licensure shall be made
33in such manner, form, and content as the board may prescribe.
34 Sec. 2035. Section 546.2, subsection 6, unnumbered
35paragraph 1, Code 2023, is amended to read as follows:
-1173- 1Each division is responsible for policymaking and
2enforcement duties assigned to the division under the law.
3Except as provided in section 546.10, subsection 3:
4 Sec. 2036. Section 546.3, subsection 1, Code 2023, is
5amended to read as follows:
61. The banking division shall regulate and supervise banks
7under chapter 524, debt management licensees under chapter
8533A, money services under chapter 533C, delayed deposit
9services under chapter 533D, mortgage bankers and brokers
10under chapter 535B, regulated loan companies under chapter
11536, and industrial loan companies under chapter 536A, real
12estate appraisers under chapter 543D, and appraisal management
13companies under chapter 543E, and shall perform other duties
14assigned to the division by law. The division is headed by the
15superintendent of banking who is appointed pursuant to section
16524.201. The state banking council shall render advice within
17the division when requested by the superintendent.
18 Sec. 2037. Section 600.2, subsection 2, Code 2023, is
19amended to read as follows:
202. “Investigator” means a natural person who is certified or
21approved by the department of human services, after inspection
22by the department of inspections, and appeals, and licensing,
23as being capable of conducting an investigation under section
24600.8.
25 Sec. 2038. Section 600A.2, subsection 5, Code 2023, is
26amended to read as follows:
275. “Certified adoption investigator” means a person who is
28certified and approved by the department of human services,
29after inspection by the department of inspections, and appeals,
30and licensing, as being capable of conducting an investigation
31under section 600.8.
32 Sec. 2039. Section 626.29, Code 2023, is amended to read as
33follows:
34626.29 Distress warrant by director of revenue, director of
35inspections, and appeals, and licensing, or director of workforce
-1174-1development.
2In the service of a distress warrant issued by the director
3of revenue for the collection of taxes administered by or debts
4to be collected by the department of revenue, in the service of
5a distress warrant issued by the director of inspections, and
6 appeals, and licensing for the collection of overpayment debts
7owed to the department of human services, or in the service of
8a distress warrant issued by the director of the department of
9workforce development for the collection of employment security
10contributions, the property of the taxpayer or the employer in
11the possession of another, or debts due the taxpayer or the
12employer, may be reached by garnishment.
13 Sec. 2040. Section 626.30, Code 2023, is amended to read as
14follows:
15626.30 Expiration or return of distress warrant.
16Proceedings by garnishment under a distress warrant issued
17by the director of revenue or the director of inspections, and
18 appeals, and licensing shall not be affected by the expiration
19or return of the warrant.
20 Sec. 2041. Section 626.31, Code 2023, is amended to read as
21follows:
22626.31 Return of garnishment — action docketed — distress
23action.
24Where parties have been garnished under a distress
25warrant issued by the director of revenue or the director of
26inspections, and appeals, and licensing, the officer shall make
27return thereof to the court in the county where the garnishee
28lives, if the garnishee lives in Iowa, otherwise in the county
29where the taxpayer resides, if the taxpayer lives in Iowa;
30and if neither the garnishee nor the taxpayer lives in Iowa,
31then to the district court in Polk county, Iowa; the officer
32shall make return in the same manner as a return is made on
33a garnishment made under a writ of execution so far as they
34relate to garnishments, and the clerk of the district court
35shall docket an action thereon without fee the same as if a
-1175-1judgment had been recovered against the taxpayer in the county
2where the return is made, an execution issued thereon, and
3garnishment made thereunder, and thereafter the proceedings
4shall conform to proceedings in garnishment under attachments
5as nearly as may be. The warrant shall be considered in all
6respects as a final judgment.
7 Sec. 2042. Section 626.76, Code 2023, is amended to read as
8follows:
9626.76 Labor commissioner Department of inspections, appeals,
10and licensing director to represent.
11The labor commissioner, appointed pursuant to section
1291.2 director of the department of inspections, appeals,
13and licensing, may, at the labor commissioner’s director’s
14 discretion, represent laborers or employees seeking payment for
15labor or wage claims from the receiver, trustee, or assignee,
16or the court, or the person charged with the property, in
17accordance with and subject to the provisions of sections
18626.69 and 626.71.
19 Sec. 2043. Section 724.21A, subsections 1 and 6, Code 2023,
20are amended to read as follows:
211. In any case where the sheriff or the commissioner of
22public safety denies an application for or suspends or revokes
23a permit to carry weapons or a permit to acquire pistols
24or revolvers, the sheriff or commissioner shall provide a
25written statement of the reasons for the denial, suspension, or
26revocation and the applicant or permit holder shall have the
27right to appeal the denial, suspension, or revocation to an
28administrative law judge in the department of inspections, and
29 appeals, and licensing within thirty days of receiving written
30notice of the denial, suspension, or revocation.
316. The department of inspections, and appeals, and
32licensing shall adopt rules pursuant to chapter 17A as
33necessary to carry out the provisions of this section.
34 Sec. 2044. Section 729.6, subsection 9, paragraph a, Code
352023, is amended to read as follows:
-1176- 1a. Investigating a workers’ compensation claim under chapter
210A, subchapter III, and chapters 85, 85A, and 85B, and 86.
3 Sec. 2045. Section 815.11, subsection 1, Code 2023, is
4amended to read as follows:
51. Costs incurred for legal representation by a
6court-appointed attorney under chapter 229A, 665, 822, or 908,
7or section 232.141, subsection 3, paragraph “d”, or section
8598.23A, 600A.6B, 814.9, 814.10, 814.11, 815.4, 815.7, or
9815.10 on behalf of an indigent shall be paid from moneys
10appropriated by the general assembly to the office of the state
11public defender in the department of inspections, and appeals,
12and licensing and deposited in an account to be known as the
13indigent defense fund, except as provided in subsection 2.
14Costs incurred representing an indigent defendant in a contempt
15action, representing an indigent juvenile in a juvenile court
16proceeding, or representing a person pursuant to section 13B.13
17are also payable from the fund. However, costs incurred in any
18administrative proceeding or in any other proceeding under this
19chapter or chapter 598, 600, 600A, 633, 633A, 814, or 915 or
20other provisions of the Code or administrative rules are not
21payable from the fund.
22 Sec. 2046. Section 915.83, subsection 4, Code 2023, is
23amended to read as follows:
244. Request from the department of human services, the
25department of workforce development and its, the division
26of workers’ compensation of the department of inspections,
27appeals, and licensing, 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. 2047. 2020 Iowa Acts, chapter 1064, section 16,
33subsection 4, is amended to read as follows:
344. Priority. In the case of multiple claims to payments
35filed under this section, priority shall be given to claims
-1177-1filed by the child support recovery unit or the foster care
2recovery unit, next priority shall be given to claims filed
3by the clerk of the district court, next priority shall be
4given to claims filed by the investigations division of the
5 department of inspections, and appeals, and licensing relating
6to investigations by the department, next priority shall be
7given to claims that will be deposited into the state general
8fund, and last priority shall be given to claims filed by other
9public agencies. In the case of multiple claims in which the
10priority is not otherwise provided by this subsection, priority
11shall be determined in accordance with rules to be established
12by the department.
13 Sec. 2048. CODE EDITOR DIRECTIVE.
141. The Code editor is directed to make the following
15transfers:
16a. Section 92.1 to section 92.1A.
17b. Section 92.1B to section 92.1.
182. The Code editor shall correct internal references in the
19Code and in any enacted legislation as necessary due to the
20enactment of this section.
21 Sec. 2049. CONTINGENT EFFECTIVE DATE. The following takes
22effect on the effective date of the rules adopted by the
23department of revenue pursuant to chapter 17A implementing 2020
24Iowa Acts, chapter 1064, other than transitional rules:
25The section of this division of this Act amending 2020 Iowa
26Acts, chapter 1064.
27DIVISION IV
28DEPARTMENT OF JUSTICE
29 Sec. 2050. Section 6B.18, subsection 3, Code 2023, is
30amended to read as follows:
313. In case of condemnation proceedings instituted by the
32state department of transportation, when the owner appeals from
33the assessment made, such notice of appeal shall be served upon
34the attorney general, or the department general counsel to
35the state department of transportation, or the chief highway
-1178-1engineer for the department.
2 Sec. 2051. Section 8A.412, subsection 11, Code 2023, is
3amended to read as follows:
411. Professional employees under the supervision of the
5attorney general, the state public defender, the secretary
6of state, the auditor of state, the treasurer of state, and
7the public employment relations board. However, employees of
8the consumer advocate division of the department of justice,
9other than the consumer advocate, and administrative law judges
10appointed or employed by the public employment relations board
11are subject to the merit system.
12 Sec. 2052. Section 13.2, subsection 1, paragraphs b and o,
13Code 2023, are amended to read as follows:
14b. Prosecute and defend in any other court or tribunal,
15all actions and proceedings, civil or criminal, in which the
16state may be a party or interested, when, in the attorney
17general’s judgment, the interest of the state requires such
18action, or when requested to do so by the governor, executive
19council, or general assembly. The attorney general may
20prosecute a criminal proceeding on behalf of the state even if
21a county attorney does not request the attorney general to act
22as a county attorney in a proceeding under section 331.754,
23subsection 7.
24o. Submit a report by January 15 of each year to the
25co-chairpersons and ranking members of the joint appropriations
26subcommittee on the justice system, to the executive council,
27and to the legislative services agency detailing the amount of
28annual money receipts generated by each settlement or judgment
29in excess of two hundred fifty thousand dollars collected
30pursuant to legal proceedings under chapters 455B, 553, and 714
31all money settlement awards and court money awards that were
32awarded to the state of Iowa. The report shall include the
33name of the civil or criminal case involved, the specify the
34parties to each settlement or court proceeding, any court of
35jurisdiction, the settlement amount, the state’s share of the
-1179-1settlement amount, the name of the fund in which the receipts
2were deposited, and the planned use of the moneys.
3 Sec. 2053. Section 13.4, Code 2023, is amended to read as
4follows:
513.4 Assistant and deputy attorneys general.
6The attorney general may appoint a first assistant chief
7deputy attorney general and such other deputy and assistant
8attorneys general as may be authorized by law, who shall devote
9their entire time to the duties of their positions. The deputy
10and assistant attorneys general shall, subject to the direction
11of the attorney general, have the same power and authority as
12the attorney general.
13 Sec. 2054. Section 13.6, Code 2023, is amended by striking
14the section and inserting in lieu thereof the following:
1513.6 Agency reimbursement for legal services.
16The attorney general may charge departments, agencies, and
17other state governmental entities for the cost of performing
18legal services for the department, agency, or governmental
19entity. Upon request of the attorney general, a department
20or agency shall provide and equip a suitable office for an
21assistant attorney general or other staff providing legal
22services exclusively for that department or agency.
23 Sec. 2055. Section 13.7, subsection 1, Code 2023, is amended
24to read as follows:
251. Compensation shall not be allowed to any person for
26services as an attorney or counselor to an executive department
27of the state government, or the head of an executive department
28of state government, or to a state board or commission A
29department, agency, or other state governmental entity shall
30not contract for legal services to be provided by a private
31attorney unless authorized by the executive council under
32this section or section 13.3. However, the The executive
33council may authorize employment of legal assistance, at a
34reasonable compensation, in a pending action or proceeding to
35protect the interests of the state, but only upon a sufficient
-1180-1showing, in writing, made by the attorney general, that the
2department of justice cannot for reasons stated by the attorney
3general perform the service. The reasons and action of the
4executive council shall be entered upon its records. If the
5attorney general determines that the department of justice
6cannot perform legal service in an action or proceeding,
7the executive council shall request the department involved
8in the action or proceeding to recommend legal counsel to
9represent the department. If the attorney general concurs with
10the department that the person recommended is qualified and
11suitable to represent the department, the person recommended
12shall be employed. If the attorney general does not concur
13in the recommendation, the department shall submit a new
14recommendation. This subsection does not affect the general
15counsel for the utilities board of the department of commerce,
16the legal counsel of the department of workforce development,
17or the general counsel for the property assessment appeal
18board.
19 Sec. 2056. Section 13.9, Code 2023, is amended to read as
20follows:
2113.9 Salary.
22The salary of the attorney general shall be as fixed by
23the general assembly, and the salaries of the first assistant
24 chief deputy attorney general and other deputy and assistant
25attorneys general shall be such as may be fixed by law.
26 Sec. 2057. Section 13.11, Code 2023, is amended by striking
27the section and inserting in lieu thereof the following:
2813.11 Exclusive criminal jurisdiction over election crimes.
29Notwithstanding any provision of law to the contrary, the
30attorney general shall have exclusive jurisdiction to prosecute
31all criminal proceedings under chapter 39A.
32 Sec. 2058. Section 20.4, subsection 9, Code 2023, is amended
33to read as follows:
349. Persons employed by the state department of justice,
35except nonsupervisory employees of the consumer advocate
-1181-1division who are employed primarily for the purpose of
2performing technical analysis of nonlegal issues.
3 Sec. 2059. Section 25.1, subsection 2, unnumbered paragraph
41, Code 2023, is amended to read as follows:
5The state appeal board shall make a record of the receipt
6of claims received from the director of the department of
7management, notify the special assistant attorney general for
8claims, and deliver a copy to the state official or agency
9against whom the claim is made, if any.
10 Sec. 2060. Section 25.1, subsection 2, paragraph a, Code
112023, is amended to read as follows:
12a. The official or agency shall report its recommendations
13concerning the claim to the special assistant attorney general
14for claims who, with a view to determining the merits and
15legality of the claim, shall investigate the claim and report
16the findings and conclusions of the investigation to the state
17appeal board.
18 Sec. 2061. Section 25.2, subsection 1, unnumbered paragraph
191, Code 2023, is amended to read as follows:
20The state appeal board with the recommendation of the
21special assistant attorney general for claims may approve
22or reject claims against the state of less than five years
23involving the following:
24 Sec. 2062. Section 25.3, Code 2023, is amended to read as
25follows:
2625.3 Filing with general assembly — testimony.
27On the second day after the convening of each regular
28session of the general assembly, the state appeal board shall
29file with the clerk of the house of representatives and the
30secretary of the senate a list of all claims rejected by the
31state appeal board together with a copy of the report made
32to it by the special assistant attorney general for claims
33 and its recommendation thereon for each claim, which report
34and recommendation shall be delivered to the claims committee
35of the house and senate. Any testimony taken by the special
-1182-1assistant attorney general for claims shall be preserved by the
2state appeal board and made available to the claims committee
3of the general assembly.
4 Sec. 2063. Section 25.4, Code 2023, is amended to read as
5follows:
625.4 Assistant attorney Attorney general — salary.
7The attorney general shall appoint a special assistant
8attorney general for claims who shall, under the direction of
9the attorney general, investigate and report on all claims
10between the state and other parties, which may be referred to
11the state appeal board, and on any other claims or matters
12which the state appeal board or the attorney general may
13direct.
14 Sec. 2064. Section 25.5, Code 2023, is amended to read as
15follows:
1625.5 Testimony — filing with board.
17The special assistant attorney general for claims shall
18fully investigate each claim and the facts upon which same
19is based and may take testimony in the form of affidavits or
20otherwise, and in connection therewith shall ex officio be
21empowered to administer oaths, to compel the attendance of
22witnesses and certify to any district court for contempt. All
23testimony, affidavits, and other papers in connection with
24a claim, obtained by the special assistant attorney general
25for claims in making an investigation shall be filed with the
26report to the state appeal board.
27 Sec. 2065. Section 25.6, Code 2023, is amended to read as
28follows:
2925.6 Claims by state against municipalities.
30The state appeal board may investigate and collect claims
31which the state has against municipal or political corporations
32in the state including counties, cities, townships, and school
33corporations. The board shall refer any such claim to the
34special assistant attorney general for claims, when the claim
35has not been promptly paid, and if the special assistant
-1183-1 attorney general for claims is not able to collect the full
2amount of the claim, the special assistant attorney general
3shall fully investigate and report to the state appeal board
4findings of fact and conclusions of law, together with any
5recommendation as to the claim. Thereafter the state appeal
6board may effect a compromise settlement with the debtor in an
7amount and under terms as the board deems just and equitable
8in view of the findings and conclusions reported to it. If
9the state appeal board is unable to collect a claim in full
10or effect what it has determined to be a fair compromise, it
11shall deliver the claim to the attorney general for action
12as the attorney general shall determine and the special
13assistant attorney general for claims is specifically charged
14with carrying out the directions of the attorney general with
15reference to the claim. When a claim is compromised by the
16state appeal board, the board shall file with the department
17of management and the department of administrative services a
18statement as to the settlement, together with a true copy of
19the agreement of settlement, and if in settlement an amount
20less than the face amount is accepted in full, the proper
21entries shall be made in the books of the department of
22management, the department of administrative services, and the
23auditor of state showing the amount of the claim, the amount of
24the settlement, and the amount charged off.
25 Sec. 2066. Section 39A.6, subsection 4, Code 2023, is
26amended to read as follows:
274. Upon issuing a technical infraction, the state
28commissioner shall immediately inform the attorney general and
29relevant county attorney if the apparent violation constitutes
30or may constitute election misconduct under this chapter.
31 Sec. 2067. Section 39A.7, Code 2023, is amended to read as
32follows:
3339A.7 Election misconduct — investigation.
341. The attorney general or county attorney shall
35investigate allegations of election misconduct reported to the
-1184-1attorney general or county attorney. Election misconduct by an
2election official shall also be investigated for prosecution
3under chapter 721.
42. Upon the completion of an investigation required by this
5section, the attorney general or county attorney shall submit
6the results of the investigation to the state commissioner and
7explain whether the attorney general or county attorney will
8pursue charges.
9 Sec. 2068. Section 48A.41, subsection 2, Code 2023, is
10amended to read as follows:
112. If in the course of an audit under this section the state
12registrar of voters finds that a commissioner of registration
13has failed to perform required voter list maintenance,
14the state registrar of voters shall submit the audit to
15the relevant county attorney and attorney general within
16twenty-four hours for investigation of a violation of section
1739A.3, subsection 1, paragraph “b”, subparagraph (9), or other
18provision of law.
19 Sec. 2069. Section 80.1, Code 2023, is amended to read as
20follows:
2180.1 Department created.
22There is hereby created a department of the state government
23which shall be known and designated as the department of public
24safety, which shall consist of a commissioner of public safety
25and of such officers and employees as may be required, one of
26whom shall be an attorney admitted to practice law in this
27state. Such attorney shall be an assistant attorney general
28appointed by the attorney general who shall fix the assistant’s
29salary. The department shall reimburse the attorney general
30for the salary and expense of such assistant attorney general
31and furnish the assistant a suitable office if requested by the
32attorney general.
33 Sec. 2070. Section 307.23, Code 2023, is amended to read as
34follows:
35307.23 General Legal counsel.
-1185- 11. The general counsel shall be a special assistant attorney
2general appointed by the attorney general who shall act as the
3attorney for the department. The general counsel shall have
4the following duties and responsibilities It shall be the duty
5of the attorney general to do all of the following:
6a. Act as legal advisor to the department, commission, and
7the director.
8b. Provide all legal services for the department.
92. The attorney general shall appoint additional assistant
10attorneys general as the director deems necessary to carry
11out the these duties assigned to the office of the general
12counsel. The salary of the general counsel shall be fixed by
13the director, subject to the approval of the attorney general.
14The director shall provide and furnish a suitable office for
15the general counsel upon request of the attorney general.
16 Sec. 2071. Section 327C.30, Code 2023, is amended to read
17as follows:
18327C.30 Duty of department, general counsel attorney general,
19 and county attorney.
20When any proceeding has been instituted under sections
21327C.28 and 327C.29, the department attorney general counsel
22 shall prosecute the same, and the county attorney of the
23county in which such proceeding is pending shall render such
24assistance as the department attorney general counsel may
25require.
26 Sec. 2072. Section 331.756, subsection 49, Code 2023, is
27amended to read as follows:
2849. Assist, upon request, the department of
29transportation’s attorney general counsel in the prosecution of
30violations of common carrier laws and regulations as provided
31in section 327C.30.
32 Sec. 2073. Section 475A.1, subsections 1 and 2, Code 2023,
33are amended to read as follows:
341. Appointment. The attorney general shall appoint a
35competent attorney to the office of consumer advocate, who
-1186-1shall serve at the pleasure of the attorney general, subject to
2confirmation by the senate, no less frequently than once every
3four years, in accordance with section 2.32. The consumer
4advocate is the chief administrator of the consumer advocate
5division of the department of justice. The advocate’s term of
6office is for four years. The term begins and ends in the same
7manner as set forth in section 69.19.
82. Vacancy. If a vacancy occurs in the office of consumer
9advocate, the vacancy shall be filled for the unexpired term in
10the same manner as an original appointment under the procedures
11of section 2.32.
12 Sec. 2074. Section 475A.1, subsection 5, Code 2023, is
13amended by striking the subsection.
14 Sec. 2075. Section 475A.2, subsections 2 and 5, Code 2023,
15are amended to read as follows:
162. Act as attorney for and represent Represent the interests
17of all consumers generally and the public generally in all
18proceedings before the utilities board.
195. Act as attorney for and represent Represent the
20interests of all consumers generally and the public generally
21in proceedings before federal and state agencies and related
22judicial review proceedings and appeals, at the discretion of
23the consumer advocate.
24 Sec. 2076. Section 475A.3, subsection 2, Code 2023, is
25amended to read as follows:
262. Employees. The consumer advocate attorney general
27 may employ attorneys, legal assistants, secretaries, clerks,
28and other employees the consumer advocate finds necessary
29for the full and efficient discharge of the duties and
30responsibilities of the office consumer advocate division. The
31consumer advocate may employ consultants as expert witnesses
32or technical advisors pursuant to contract as the consumer
33advocate finds necessary for the full and efficient discharge
34of the duties of the office. Employees of the consumer
35advocate division, other than the consumer advocate, are
-1187-1subject to merit employment, except as provided in section
28A.412.
3 Sec. 2077. REPEAL. Section 13.5, Code 2023, is repealed.
4 Sec. 2078. EFFECTIVE DATE. This division of this Act, being
5deemed of immediate importance, takes effect upon enactment.
6DIVISION V
7ECONOMIC DEVELOPMENT AUTHORITY
8cultural affairs
9 Sec. 2079. Section 7E.5, subsection 1, paragraph g, Code
102023, is amended to read as follows:
11g. The economic development authority, created in section
1215.105, which has responsibility for ensuring that the
13economic development policies of the state are effectively and
14efficiently carried out, and for managing the state’s interest
15in the areas of the arts, history, and other cultural matters.
16 Sec. 2080. Section 7E.5, subsection 1, paragraph l, Code
172023, is amended by striking the paragraph.
18 Sec. 2081. Section 8A.412, subsection 14, Code 2023, is
19amended by striking the subsection.
20 Sec. 2082. Section 15.108, subsection 5, paragraph c, Code
212023, is amended to read as follows:
22c. Coordinate and develop with the department of
23transportation, the department of natural resources, the
24department of cultural affairs, the enhance Iowa board,
25other state agencies, and local and regional entities public
26interpretation, marketing, and education programs that
27encourage Iowans and out-of-state visitors to participate in
28the recreational and leisure opportunities available in Iowa.
29The authority shall establish and administer a program that
30helps connect both Iowa residents and residents of other states
31to new and existing Iowa experiences as a means to enhance the
32economic, social, and cultural well-being of the state. The
33program shall include a broad range of new opportunities, both
34rural and urban, including main street destinations, green
35space initiatives, and artistic and cultural attractions.
-1188-1 Sec. 2083. Section 15.108, subsection 5, paragraph l, Code
22023, is amended by striking the paragraph.
3 Sec. 2084. Section 15.108, subsection 9, Code 2023, is
4amended by striking the subsection and inserting in lieu
5thereof the following:
69. Cultural affairs. To develop the state’s interest in
7the areas of the arts, history, and other cultural matters. To
8carry out this responsibility, the authority shall:
9a. Accept, receive, and administer grants or other funds or
10gifts from public or private agencies, including the federal
11government, for the authority.
12b. Administer the Iowa cultural trust, as advised and
13assisted by the Iowa arts council, as provided in chapter 303A,
14and do all of the following:
15(1) Develop and adopt by rule criteria for the issuance
16of trust fund credits by measuring the efforts of qualified
17organizations to increase their endowment or other resources
18for the promotion of the arts, history, or the sciences and
19humanities in Iowa. For purposes of this paragraph, “qualified
20organization” means a tax-exempt, nonprofit organization
21whose primary mission is to promote the arts, history, or the
22sciences and humanities in Iowa. If the authority determines
23that a qualified organization has increased the amount of the
24qualified organization’s endowment and other resources, the
25authority shall certify the amount of increase in the form of
26trust fund credits to the treasurer, who shall deposit in the
27Iowa cultural trust fund, from moneys received for purposes
28of the trust fund as provided in section 303A.4, subsection
292, an amount equal to the trust fund credits. If the amount
30of the trust fund credits issued by the authority exceeds the
31amount of moneys available to be deposited in the trust fund as
32provided in section 303A.4, subsection 2, the outstanding trust
33fund credits shall not expire but shall be available to draw
34down additional moneys which become available to be deposited
35in the trust fund as provided in section 303A.4, subsection 2.
-1189- 1(2) Develop and implement, in accordance with subchapter
2II, part 30, a grant application process for grants issued to
3qualified organizations.
4(3) Develop and adopt by rule criteria for the approval of
5Iowa cultural trust grants. The criteria shall include but
6shall not be limited to the future stability and sustainability
7of a qualified organization.
8(4) Compile, in consultation with the Iowa arts council,
9a list of grant applications recommended for funding in
10accordance with the amount available for distribution as
11provided in section 303A.6, subsection 3. The list of
12recommended grant applications shall be submitted to the Iowa
13cultural trust board of trustees for approval.
14(5) Monitor the allocation and use of grant moneys by all
15qualified organizations to determine whether moneys are used
16in accordance with the provisions of this paragraph “b” and
17subchapter II, part 30.The authority shall annually submit
18a report with the authority’s findings and recommendations to
19the Iowa cultural trust board of trustees prior to final board
20action in approving grants for the next succeeding fiscal year.
21c. Design a comprehensive, statewide, long-range plan with
22the assistance of the Iowa arts council to develop the arts
23in Iowa. The authority is designated as the state agency for
24carrying out the plan.
25d. By rule, establish advisory groups as necessary for the
26receipt of federal funds or grants or the administration of any
27of the authority’s programs.
28e. Develop and implement fee-based educational programming
29opportunities, including preschool programs, related to arts,
30history, and other cultural matters for Iowans of all ages.
31f. Conduct surveys of existing art and cultural programs
32and activities within the state, including but not limited to
33music, theater, dance, painting, sculpture, architecture, and
34allied arts and crafts. The authority shall submit a report
35on the survey to the governor and to the general assembly no
-1190-1later than ten calendar days after the commencement of each
2first session of the general assembly recommending appropriate
3legislation or other action as the authority deem appropriate.
4g. Establish and administer a film office. The purpose
5of the film office is to assist legitimate film, television,
6and video producers in the production of film, television, and
7video projects in the state, and to increase the fiscal impact
8on the state’s economy of film, television, and video projects
9produced in the state.
10 Sec. 2085. Section 15.108, Code 2023, is amended by adding
11the following new subsection:
12 NEW SUBSECTION. 12. Miscellaneous. To provide other
13necessary services, the authority shall do all of the
14following:
15a. Collect and assemble, or cause to have collected and
16assembled, all pertinent information available regarding the
17industrial, agricultural, and public and private recreation
18and tourism opportunities and possibilities of the state
19of Iowa, including raw materials and products that may be
20produced from the raw materials; power and water resources;
21transportation facilities; available markets; the banking and
22financing facilities; the availability of industrial sites; the
23advantages of the state as a whole, and particular sections
24of the state, as industrial locations; the development of a
25grain alcohol motor fuel industry and its related products;
26and other fields of research and study as the board deems
27necessary. This information shall consider the encouragement
28of new industrial enterprises in the state and the expansion
29of industries now existing within the state, and allied fields
30to those industries. The information shall also consider the
31changing composition of the Iowa family, the level of poverty
32among different age groups, and different family structures in
33Iowa society and their impact on Iowa families.
34b. Apply for, receive, contract for, and expend federal
35funds and grants, and funds and grants from other sources.
-1191- 1c. Except as otherwise provided in sections 8A.110, 260C.14,
2and 262.9, provide that an inventor whose research is funded
3in whole or in part by the state shall assign to the state a
4proportionate part of the inventor’s rights to a letter patent
5resulting from that research. The state's portion of the
6royalties or earnings derived from a letter patent shall be
7paid to the treasurer of state and credited by the treasurer to
8the general fund of the state. The authority, in conjunction
9with other state agencies including the board of regents,
10shall provide incentives to inventors whose research is funded
11in whole or in part by the state to encourage the inventors
12to have the invented products produced in the state. The
13incentives may include the state receiving a smaller portion of
14the inventor’s royalties or earnings than would otherwise occur
15under this paragraph or other provisions of law.
16d. Administer or oversee federal rural economic development
17programs in the state.
18e. At the director’s discretion, accept payment by
19credit card of any fees, interest, penalties, subscriptions,
20registrations, purchases, or other payments, or any portion of
21such payments, which are due or collected by the authority.
22The authority may adjust the amount of the payment to reflect
23the costs of processing the payment as determined by the
24treasurer of state. Payment by credit card shall include, in
25addition to all other charges, any discount charged by the
26credit card issuer.
27f. Provide technical assistance to individuals who
28are pursuing the purchase and operation of employee-owned
29businesses.
30g. Administer the Iowa energy center established in section
3115.120. This paragraph “g” is repealed July 1, 2027.
32h. Administer the partner state program created in section
3315.421.
34 Sec. 2086. Section 15.274, Code 2023, is amended to read as
35follows:
-1192- 115.274 Promotional program for national historic landmarks
2and cultural and entertainment districts.
3The economic development authority, in cooperation with
4the state department of transportation and the department of
5cultural affairs, shall establish and administer a program
6designed to promote knowledge of and access to buildings,
7sites, districts, structures, and objects located in this state
8that have been designated by the secretary of the interior
9of the United States as a national historic landmark, unless
10the national historic landmark is protected under section
1122.7, subsection 20, and certified cultural and entertainment
12districts, as established pursuant to section 303.3B. The
13program shall be designed to maximize the visibility and
14visitation of national historic landmarks in this state and
15buildings, sites, structures, and objects located in certified
16cultural and entertainment districts, as established pursuant
17to section 303.3B. Methods used to maximize the visibility and
18visitation of such locations may include the use of tourism
19literature, signage on highways, maps of the state and cities,
20and internet sites. For purposes of this section, “highway”
21means the same as defined in section 325A.1.
22 Sec. 2087. Section 99F.11, subsection 4, paragraph d,
23subparagraph (1), Code 2023, is amended to read as follows:
24(1) Five hundred twenty thousand dollars is appropriated
25each fiscal year to the department of cultural affairs economic
26development authority with one-half of the moneys allocated for
27operational support grants and the remaining one-half allocated
28for the community cultural grants program established under
29section 303.3.
30 Sec. 2088. Section 103A.45, subsection 4, Code 2023, is
31amended to read as follows:
324. Consult with state agencies, including the state
33fire marshal department of inspections, appeals, and
34licensing and the department of cultural affairs economic
35development authority, governmental subdivisions, architects,
-1193-1engineers, and others who have knowledge of or interest in the
2rehabilitation, preservation, restoration, and relocation of
3historic buildings, with respect to matters relating to the
4state historic building code.
5 Sec. 2089. Section 303.3, subsections 1 and 2, Code 2023,
6are amended to read as follows:
71. The department authority shall establish a grant program
8for cities and nonprofit, tax-exempt community organizations
9for the development of community programs that provide local
10jobs for Iowa residents and also promote Iowa’s historic,
11ethnic, and cultural heritages through the development
12of festivals, music, drama, cultural programs, or tourist
13attractions. A city or nonprofit, tax-exempt community
14organization may submit an application to the department
15 authority for review. The department authority shall establish
16criteria for the review and approval of grant applications.
17The amount of a grant shall not exceed fifty percent of
18the cost of the community program. Each application shall
19include information demonstrating that the city or nonprofit,
20tax-exempt community organization will provide matching funds
21of fifty percent of the cost of the program. The matching
22funds requirement may be met by substituting in-kind services,
23based on the value of the services, for actual dollars.
242. The department authority shall establish a grant program
25which provides general operating budget support to major,
26multidisciplined multidisciplinary cultural organizations
27which that demonstrate cultural and managerial excellence
28on a continuing basis to the citizens of Iowa. Applicant
29organizations must be incorporated under chapter 504, be exempt
30from federal taxation, and not be attached or affiliated with
31an educational institution. Eligible organizations shall
32be operated on a year-round basis and employ at least one
33full-time, paid professional staff member. The department
34 authority shall establish criteria for review and approval
35of grant applications. Criteria established shall include,
-1194-1but are not limited to, a matching funds requirement. The
2matching funds requirement shall permit an applicant to meet
3the matching requirement by demonstrating that the applicant’s
4budget contains funds, other than state and federal funds, in
5excess of the grant award.
6 Sec. 2090. Section 303.3A, subsection 1, paragraph c, Code
72023, is amended by striking the paragraph.
8 Sec. 2091. Section 303.3A, subsections 2 and 3, Code 2023,
9are amended to read as follows:
102. The department authority shall administer regional
11conferences and a statewide caucus on arts and cultural
12enhancement. The purpose of the conferences and caucus is to
13encourage the development of the arts and culture in the state
14by in all of the following ways:
15a. Byidentifying opportunities for programs involving
16education, outreach, and enhancement; by.
17b. Byreviewing possible changes in enhancement program
18policies, programs, and funding; and by.
19c. Bymaking recommendations to the department authority
20 regarding funding allocations and priorities for arts and
21cultural enhancement.
223. a. Every four years beginning in June 2001 2025, the
23department authority shall convene a statewide caucus on arts
24and cultural enhancement.
25a. b. Prior to the statewide caucus, the department
26 authority shall make arrangements to hold a conference in each
27of several regions of the state as determined by the Iowa arts
28council. The department authority shall promote attendance
29of interested persons at each conference. A designee of
30the department shall serve as temporary chairperson until
31persons attending the conference elect a chairperson. The
32department authority shall provide persons attending the
33conference with current information regarding cultural programs
34and expenditures. Persons attending the conference shall
35identify opportunities for programs in the areas of education,
-1195-1outreach, and enhancement, and make recommendations in the
2form of a resolution. The persons attending the conference
3shall elect six persons from among the attendees to serve
4as regional, voting delegates to the statewide caucus. The
5conference attendees shall elect a chairperson from among the
6six representatives. Other interested persons are encouraged
7to attend the statewide caucus as nonvoting attendees.
8b. c. The department authority shall charge a reasonable
9fee for attendance at the statewide caucus on arts and cultural
10enhancement.
11c. d. A designee of the department authority shall call the
12statewide caucus to order and serve as temporary chairperson
13until persons attending the caucus elect a chairperson.
14Persons attending the caucus shall discuss the recommendations
15of the regional conferences and decide upon recommendations to
16be made to the department authority and the general assembly.
17Elected chairpersons of the regional conferences shall meet
18with representatives of the department authority and present
19the recommendations of the caucus.
20 Sec. 2092. Section 303.3B, Code 2023, is amended to read as
21follows:
22303.3B Cultural and entertainment districts.
231. The department of cultural affairs authority shall
24establish and administer a cultural and entertainment district
25certification program. The program shall encourage the growth
26of communities through the development of areas within a city
27or county for public and private uses related to cultural and
28entertainment purposes.
292. A city or county may create and designate a cultural
30and entertainment district subject to certification
31by the department of cultural affairs, in consultation
32with the economic development authority. A cultural and
33entertainment district is encouraged to include a unique form
34of transportation within the district and for transportation
35between the district and recreational trails. A cultural and
-1196-1entertainment district certification shall remain in effect for
2ten years following the date of certification. Two or more
3cities or counties may apply jointly for certification of a
4district that extends across a common boundary. Through the
5adoption of administrative rules, the department of cultural
6affairs authority shall develop a certification application
7for use in the certification process. The provisions of this
8subsection relating to the adoption of administrative rules
9shall be construed narrowly.
103. The department of cultural affairs authority shall
11encourage development projects and activities located in
12certified cultural and entertainment districts through
13incentives under cultural grant programs pursuant to section
14303.3, chapter 303A part 30, and any other applicable grant
15programs.
16 Sec. 2093. Section 303.3C, subsection 1, paragraphs a, d,
17and f, Code 2023, are amended to read as follows:
18a. The department of cultural affairs authority shall
19establish and administer an Iowa great places program for
20purposes of combining resources of state government in an
21effort to showcase the unique and authentic qualities of
22communities, regions, neighborhoods, and districts that
23make such places exceptional places to work and live. The
24department of cultural affairs authority shall provide
25administrative assistance to the Iowa great places board. The
26department of cultural affairs authority shall coordinate
27the efforts of the Iowa great places board with the efforts
28of state agencies participating in the program which shall
29include, but not be limited to, the economic development
30authority, the Iowa finance authority, the department of
31human rights, the department of natural resources, the state
32department of transportation, and the department of workforce
33development.
34d. The department of cultural affairs authority shall work
35in cooperation with the vision Iowa and community attraction
-1197-1and tourism programs enhance Iowa board for purposes of
2maximizing and leveraging moneys appropriated to identified
3Iowa great places.
4f. The department of cultural affairs authority shall
5account for any funds appropriated from the endowment for
6Iowa’s health restricted capitals fund for an identified Iowa
7great place.
8 Sec. 2094. Section 303.3C, subsection 2, paragraph a, Code
92023, is amended to read as follows:
10a. The Iowa great places board is established consisting of
11twelve members. The board shall be located for administrative
12purposes within the department of cultural affairs authority
13 and the director shall provide office space, staff assistance,
14and necessary supplies and equipment for the board. The
15director shall budget moneys to pay the compensation and
16expenses of the board. In performing its functions, the board
17is performing a public function on behalf of the state and is a
18public instrumentality of the state.
19 Sec. 2095. Section 303.3D, subsections 1 and 3, Code 2023,
20are amended to read as follows:
211. An Iowa great places program fund is created under the
22authority of the department of cultural affairs. The fund
23shall consist of appropriations made to the fund and transfers
24of interest, earnings, and moneys from other funds as provided
25by law. Notwithstanding section 12C.7, subsection 2, interest
26or earnings on investments or time deposits of the moneys in
27the Iowa great places program fund shall be credited to the
28Iowa great places program fund.
293. In awarding moneys the department of cultural affairs
30 authority shall give consideration to the particular needs of
31each identified Iowa great place.
32 Sec. 2096. Section 303.3E, Code 2023, is amended to read as
33follows:
34303.3E Culture, history, and arts teams program.
351. The department of cultural affairs authority shall
-1198-1establish and administer a statewide program facilitating the
2promotion of culture, history, and arts in Iowa. The program’s
3purpose shall be to encourage cooperation and collaboration
4among the various state and local organizations working in
5these areas to improve Iowa’s quality of life.
62. The department authority shall implement the program
7by working with the local organizations to establish local
8committees. Each committee shall:
9a. Include representatives from local organizations
10dedicated to promoting culture, history, and arts.
11b. Gather and disseminate information on the cultural,
12historical, and arts opportunities in the regions.
13c. Enhance communication among the local organizations.
14d. Assist the staff members of local organizations in
15obtaining technical and professional training.
163. The department authority shall assist local
17organizations in the delivery of technical services,
18professional training, and programming opportunities by working
19with these committees.
20 Sec. 2097. Section 303.20, unnumbered paragraph 1, Code
212023, is amended to read as follows:
22As used in this subchapter of this chapter part, unless the
23context otherwise requires:
24 Sec. 2098. Section 303.20, subsections 2 and 3, Code 2023,
25are amended to read as follows:
262. “Commission” is the five-person body, elected by the
27registered voters in the historical preservation district from
28persons living in the district for the purpose of administering
29this subchapter of this chapter part.
303. “District” means a historical preservation district
31established under this subchapter of this chapter part.
32 Sec. 2099. Section 303.20, subsection 4, Code 2023, is
33amended by striking the subsection.
34 Sec. 2100. Section 303.21, Code 2023, is amended to read as
35follows:
-1199- 1303.21 Petition.
21. The eligible voters in an area of asserted historical
3significance may petition the department authority for a
4referendum for the establishment of a district.
52. The petition must be signed by not less than ten percent
6of the eligible voters of in the area of asserted historical
7significance and shall contain both a description of the
8property suggested for inclusion in the district and the
9reasons justifying the creation of the district.
10 Sec. 2101. Section 303.22, Code 2023, is amended to read as
11follows:
12303.22 Action by department the authority.
131. The department authority shall hold a hearing not less
14than thirty days or and not more than sixty days after the
15petition is received. The department authority shall publish
16notice of the hearing, at a reasonable time before the hearing
17is to take place, and shall post notice of the hearing in a
18reasonable number of places within the suggested district. The
19cost of notification shall be paid by the persons who petition
20for the establishment of a district.
212. At the hearing the department authority shall hear
22interested persons, accept written presentations, and shall
23determine whether the suggested district is an area of
24historical significance which may properly be established as a
25historical preservation district pursuant to the provisions of
26this subchapter of this chapter part. The department authority
27 may determine the boundaries which shall be established for the
28district. The department authority shall not include property
29which is not included in the suggested district unless the
30owner of the property is given an opportunity to be heard.
313. The department, if it If the authority determines that
32the suggested district meets the criteria for establishment
33as a historical preservation district, the authority shall
34indicate the owners of the property and residents included and
35shall forward a list of owners and residents to the county
-1200-1commissioner of elections.
24. If the department authority determines that the
3suggested district does not meet the criteria for establishment
4as a historical preservation district, it the authority shall
5so notify the petitioners.
6 Sec. 2102. Section 303.23, Code 2023, is amended to read as
7follows:
8303.23 Referendum.
9Within thirty days after the receipt of the list of owners
10of property and residents within the suggested historical
11preservation district, the department authority shall fix a
12date not more than forty-five days from the receipt of the
13petition seeking a referendum on the question of establishment
14of a historical preservation district. The department
15 authority, after consultation with the county commissioner of
16elections, shall specify the polling place within the suggested
17district that will best serve the convenience of the voters
18and shall appoint from residents of the proposed district
19 three judges and two clerks of election from residents of the
20proposed district.
21 Sec. 2103. Section 303.24, Code 2023, is amended to read as
22follows:
23303.24 Notice.
24The department authority, after consultation with the county
25commissioner of elections, shall post notice of the referendum
26in a reasonable number of places within the suggested district
27a reasonable time before it the referendum is to take place.
28The notice shall state the purpose of the referendum, a
29description of the district, the date of the referendum, the
30location of the polling place, and the hours when the polls
31will be open and close.
32 Sec. 2104. Section 303.26, subsection 3, Code 2023, is
33amended to read as follows:
343. Of the initial commission, the person receiving the
35highest number of votes shall receive serve a five-year term of
-1201-1office, the next highest shall serve a four-year term, the next
2highest shall serve a three-year term, the next highest shall
3serve a two-year term, and the fifth highest shall serve a
4one-year term. Thereafter, an election shall be held annually
5in the district to elect a member to a five-year term as each
6term expires.
7 Sec. 2105. Section 303.29, Code 2023, is amended to read as
8follows:
9303.29 Use of structures.
10No A change in the use of any structure or property within
11a designated historical district shall not be permitted until
12after an application for a certificate of appropriateness
13has been submitted to, and been approved by the commission.
14For purposes of this section “use” means the legal enjoyment
15of property that consists in its employment, exercise, or
16practice.
17 Sec. 2106. Section 303.32, Code 2023, is amended to read as
18follows:
19303.32 Ordinary maintenance and repair.
20Nothing in this subchapter of this chapter This part shall
21not be construed to prevent the ordinary maintenance or repair
22of any exterior feature in a district which does not involve a
23change in design, material or outer appearance, nor to prevent
24the construction, reconstruction, alteration, restoration
25or demolition of any such feature which is required by for
26 public safety because of reasons due to an unsafe or dangerous
27condition.
28 Sec. 2107. Section 303.34, subsections 1 and 4, Code 2023,
29are amended to read as follows:
301. An area of historical significance shall be proposed by
31the governing body of the city on its the governing body’s own
32motion or upon the receipt by the governing body of a petition
33signed by residents of the city. The city shall submit a
34description of the proposed area of historical significance or
35the petition describing the proposed area, if the proposed area
-1202-1is a result of the receipt of a petition, to the historical
2division which state historic preservation officer who shall
3determine if the proposed area meets the criteria in subsection
42 and may make recommendations concerning the proposed area.
5Any recommendations made by the division state historic
6preservation officer shall be made available by the city to
7the public for viewing during normal working hours at a city
8government place of public access.
94. An area shall be designated an area of historical
10significance upon enactment of an ordinance of by the city.
11Before Prior to enactment of the ordinance or enactment of
12 an amendment to the ordinance is enacted, the governing body
13of the city shall submit the ordinance or amendment to the
14historical division state historic preservation officer for its
15 review and recommendations.
16 Sec. 2108. Section 303.87, Code 2023, is amended to read as
17follows:
18303.87 Duties of Iowa arts council.
19The Iowa arts council shall:
201. Advise the director with respect to policies, programs,
21and procedures for carrying out the administrator’s functions,
22duties, or responsibilities.
232. Review review programs to be supported and make
24recommendations on the programs to the director.
25 Sec. 2109. Section 303.88, Code 2023, is amended to read as
26follows:
27303.88 Administrator’s Authority’s powers and authority.
28The arts division administrator may authority shall:
291. Make and sign any agreements and perform any acts which
30are necessary, desirable, or proper to carry out the purpose of
31the division.
322. Request and obtain assistance and data from any
33department, division, board, bureau, commission, or agency of
34the state.
353. Accept any federal funds granted, by Act of Congress or
-1203-1by executive order, for all or any purposes of this subchapter
2 part, and receive and disburse as the official agent of the
3state any funds made available by the national endowment for
4the arts.
54. 2. Accept gifts, contributions, endowments, bequests,
6or other moneys available for all or any of the purposes
7of the division this part. Interest earned on the gifts,
8contributions, endowments, bequests, or other moneys accepted
9under this subsection part shall be credited to the fund or
10funds to which the gifts, contributions, endowments, bequests,
11or other moneys have been deposited, and is available for all
12or any of the purposes of the division authority under this
13part.
14 Sec. 2110. Section 303A.1, Code 2023, is amended to read as
15follows:
16303A.1 Short title.
17This chapter part shall be known and may be cited as the
18“Iowa Cultural Trust Act”.
19 Sec. 2111. Section 303A.3, unnumbered paragraph 1, Code
202023, is amended to read as follows:
21For purposes of this chapter part, unless the context
22otherwise requires:
23 Sec. 2112. Section 303A.3, subsections 2 and 3, Code 2023,
24are amended by striking the subsections.
25 Sec. 2113. Section 303A.4, subsections 1, 2, and 4, Code
262023, are amended to read as follows:
271. The Iowa cultural trust is created as a public body
28corporate organized for the purposes, with the powers, and
29subject to the restrictions, set forth in this chapter part.
302. An Iowa cultural trust fund is created in the office
31of the treasurer of state for the purpose of receiving moneys
32appropriated by the general assembly and any other moneys
33available to the trust fund due to the issuance of trust fund
34credits by the director as provided in section 303.1A 15.108,
35subsection 1 9, paragraph “f” “b”, subparagraph (1).
-1204- 14. a. The treasurer of state shall act as custodian of
2the fund, shall invest moneys in the trust fund, and shall
3transfer the interest attributable to the investment of trust
4fund moneys to the grant account created in section 303A.7.
5The trust fund’s principal shall not be used or accessed by the
6department or the board for any purpose.
7b. Notwithstanding paragraph “a”, for each of the following
8fiscal years, the treasurer of state shall transfer the
9following amounts from the principal of the trust fund to the
10grant account created in section 303A.7:
11(1) For the fiscal year beginning July 1, 2013, and ending
12June 30, 2014, fifty thousand dollars.
13(2) For the fiscal year beginning July 1, 2014, and ending
14June 30, 2015, fifty thousand dollars.
15 Sec. 2114. Section 303A.5, subsections 1 and 6, Code 2023,
16are amended to read as follows:
171. A board of trustees of the Iowa cultural trust is
18created. The general responsibility for the proper operation
19of the trust is vested in the board of trustees, which shall
20consist of thirteen members as follows:
21a. Nine public members, five of whom shall be appointed
22by the governor, subject to confirmation by the senate. The
23majority leader of the senate, the minority leader of the
24senate, the speaker of the house, and the minority leader of
25the house of representatives shall each appoint one public
26member. A public member of the board appointed in accordance
27with this section shall not also serve concurrently as a member
28of the state historical society board of trustees or the Iowa
29state arts council.
30b. Four ex officio, nonvoting members, consisting of the
31treasurer of state or the treasurer’s designee, the director of
32the department of cultural affairs authority or the director’s
33designee, the chairperson of the state historical society
34board of trustees elected pursuant to section 303.6, and the
35chairperson of the Iowa arts council designated pursuant to
-1205-1section 303.86.
26. The board shall be located for administrative purposes
3within the department authority. The department authority,
4subject to approval by the board, shall adopt administrative
5rules pursuant to chapter 17A necessary to administer the
6income derived from the Iowa cultural trust fund and to perform
7specific powers and duties as provided in section 303A.6. The
8director shall budget funds to pay the expenses of the board
9and administer this chapter part.
10 Sec. 2115. Section 303A.6, subsections 1 and 2, Code 2023,
11are amended to read as follows:
121. Enter into agreements with any qualified organization,
13the state, or any federal or other state agency, or other
14entity as required to administer this chapter part.
152. Approve or disapprove the grants recommended for
16approval by the director, in consultation with the Iowa arts
17council and the state historical society of Iowa, in accordance
18with section 303.1A 15.108, subsection 1 9, paragraph “f”,
19subparagraph (3) “b”. The board may delete remove any
20recommendation from the list, but shall not add to or otherwise
21amend the list of recommended grants.
22 Sec. 2116. Section 306D.2, subsection 1, unnumbered
23paragraph 1, Code 2023, is amended to read as follows:
24The state department of transportation shall prepare a
25statewide, long-range plan for the protection, enhancement,
26and identification of highways and secondary roads which pass
27through unusually scenic areas of the state as identified
28in section 306D.1. The department of natural resources,
29department of the economic development authority, and
30department of cultural affairs, private organizations, county
31conservation boards, city park and recreation departments,
32and the federal agencies having jurisdiction over land in the
33state shall be encouraged to assist in preparing the plan. The
34plan shall be coordinated with the state’s open space plan
35if a state open space plan has been approved by the general
-1206-1assembly. The plan shall include, but is not limited to, the
2following elements:
3 Sec. 2117. Section 321.252, subsection 3, paragraph a,
4subparagraph (1), Code 2023, is amended to read as follows:
5(1) The tourist signing committee shall be made up of the
6directors or their the directors’ designees of the departments
7of agriculture and land stewardship, natural resources,
8cultural affairs, and transportation, the director or the
9director’s designee of the economic development authority, the
10chairperson or the chairperson’s designee of the Iowa travel
11council, and a member of the outdoor advertising association
12of Iowa. The director or the director’s designee of the
13economic development authority shall be the chairperson of the
14committee.
15 Sec. 2118. Section 404A.1, subsection 3, Code 2023, is
16amended by striking the subsection.
17 Sec. 2119. Section 404A.1, subsection 8, paragraph b, Code
182023, is amended to read as follows:
19b. The property meets the physical criteria and standards
20for rehabilitation established by the department authority by
21rule. To the extent applicable, the physical standards and
22criteria shall be consistent with the United States secretary
23of the interior’s standards for rehabilitation.
24 Sec. 2120. Section 404A.3, subsection 1, paragraphs c and e,
25Code 2023, are amended to read as follows:
26c. The application shall include any information deemed
27necessary by the authority, in consultation with the
28department, to evaluate the eligibility under the program
29of the applicant and the rehabilitation project, the amount
30of projected qualified rehabilitation expenditures of a
31rehabilitation project, and the amount and source of all
32funding for a rehabilitation project. An applicant shall
33have the burden of proof to demonstrate to the authority that
34the applicant is an eligible taxpayer and the project is a
35qualified rehabilitation project under the program.
-1207- 1e. (1) The authority may charge application and other fees
2to eligible taxpayers who apply to participate in the program.
3The amount of such fees shall be determined based on the costs
4of to the authority and the department associated with of
5 administering the program.
6(2) Fees collected by the authority pursuant to this
7paragraph shall be deposited with the authority notwithstanding
8section 303.9, subsection 1.
9(3) A portion of the fees collected shall be directed by the
10authority to the department.
11 Sec. 2121. Section 404A.3, subsection 3, paragraph b,
12subparagraph (2), Code 2023, is amended to read as follows:
13(2) The rehabilitation work to be performed. An eligible
14taxpayer shall perform the rehabilitation work consistent with
15the United States secretary of the interior’s standards for
16rehabilitation, as determined by the department authority.
17 Sec. 2122. Section 404A.3, subsection 4, paragraph c,
18subparagraph (3), subparagraph division (b), Code 2023, is
19amended to read as follows:
20(b) “Prohibited activity” means a breach or default under
21the agreement with the department authority, the violation
22of any warranty provided by the eligible taxpayer to the
23department authority or the department of revenue, the claiming
24of a tax credit issued under this chapter for expenditures that
25are not qualified rehabilitation expenditures, the violation of
26any requirements of this chapter or rules adopted pursuant to
27this chapter, misrepresentation, fraud, or any other unlawful
28act or omission.
29 Sec. 2123. Section 404A.4, subsection 2, paragraph c, Code
302023, is amended to read as follows:
31c. The amount of a tax credit that was available for
32approval by the state historical preservation office of the
33department of cultural affairs under section 404A.4, Code 2014,
34in a fiscal year beginning on or after July 1, 2010, but before
35July 1, 2014, that was required to be allocated to new projects
-1208-1with final qualified rehabilitation costs of five hundred
2thousand dollars or less, or seven hundred fifty thousand
3dollars or less, as the case may be, and that was not finally
4approved by the state historical preservation office, may be
5awarded under section 404A.3 during the fiscal years beginning
6on or after July 1, 2014, but before July 1, 2016.
7 Sec. 2124. Section 404A.6, Code 2023, is amended to read as
8follows:
9404A.6 Rules.
10The authority, department, and the department of revenue
11shall each adopt rules as necessary for the administration of
12this chapter.
13 Sec. 2125. Section 427.16, subsection 15, Code 2023, is
14amended to read as follows:
1515. The department of cultural affairs economic development
16authority shall adopt rules pursuant to chapter 17A to
17administer this section.
18 Sec. 2126. Section 465A.2, subsection 1, paragraph b,
19unnumbered paragraph 1, Code 2023, is amended to read as
20follows:
21Prepare a statewide, long-range plan for the acquisition
22and protection of significant open space lands throughout
23the state as identified in section 465A.1. The department
24of transportation, department of the economic development
25authority, and department of cultural affairs, private
26organizations, county conservation boards, city park and
27recreation departments, and the federal agencies with lands in
28the state shall be directly involved in preparing the plan.
29The plan shall include, but is not limited to, the following
30elements:
31 Sec. 2127. Section 465B.2, subsection 2, paragraph a, Code
322023, is amended to read as follows:
33a. The state department of transportation may enter
34into contracts for the preparation of the trails plan. The
35department shall involve the department of natural resources,
-1209-1 and the Iowa department of economic development, and the
2department of cultural affairs authority in the preparation of
3the plan. The recommendations and comments of organizations
4representing different types of trail users and others with
5interests in this program shall also be incorporated in the
6preparation of the trails plan and shall be submitted with the
7plan to the general assembly. The plan shall be submitted to
8the general assembly no later than January 15, 1988. Existing
9trail projects involving acquisition or development may receive
10funding prior to the completion of the trails plan.
11 Sec. 2128. Section 465B.3, Code 2023, is amended to read as
12follows:
13465B.3 Involvement of other agencies.
14The department of natural resources, and the economic
15development authority, and the department of cultural
16affairs shall assist the state department of transportation
17in developing the statewide plan for recreation trails, in
18acquiring property, and in the development, promotion, and
19management of recreation trails.
20 Sec. 2129. REPEAL. Sections 303.1, 303.1A, 303.2, and
21303.95, Code 2023, are repealed.
22 Sec. 2130. CODE EDITOR DIRECTIVE.
231. The Code editor is directed to make the following
24transfers:
25a. Section 303.3 to section 15.436.
26b. Section 303.3A to section 15.437.
27c. Section 303.3B to section 15.438.
28d. Section 303.3C to section 15.439.
29e. Section 303.3D to section 15.440.
30f. Section 303.3E to section 15.441.
31g. Section 303.20 to section 15.445.
32h. Section 303.21 to section 15.446.
33i. Section 303.22 to section 15.447.
34j. Section 303.23 to section 15.448.
35k. Section 303.24 to section 15.449.
-1210- 1l. Section 303.25 to section 15.450.
2m. Section 303.26 to section 15.451.
3n. Section 303.27 to section 15.452.
4o. Section 303.28 to section 15.453.
5p. Section 303.29 to section 15.454.
6q. Section 303.30 to section 15.455.
7r. Section 303.31 to section 15.456.
8s. Section 303.32 to section 15.457.
9t. Section 303.33 to section 15.458.
10u. Section 303.34 to section 15.459.
11v. Section 303.86 to section 15.465.
12w. Section 303.87 to section 15.466.
13x. Section 303.88 to section 15.467.
14y. Section 303.89 to section 15.470.
15z. Section 303A.1 to section 15.476.
16aa. Section 303A.2 to section 15.477.
17ab. Section 303A.3 to section 15.478.
18ac. Section 303A.4 to section 15.479.
19ad. Section 303A.5 to section 15.480.
20ae. Section 303A.6 to section 15.481.
21af. Section 303A.7 to section 15.482.
222. The Code editor shall correct internal references in the
23Code and in any enacted legislation as necessary due to the
24enactment of this section.
253. The Code editor shall designate the following new parts
26in subchapter II of chapter 15:
27a. Sections 15.436 through 15.441 as part 26.
28b. Sections 15.445 through 15.459 as part 27.
29c. Sections 15.465 through 15.467 as part 28.
30d. Section 15.470 as part 29.
31e. Sections 15.476 through 15.482 as part 30.
32STATE HISTORIC PRESERVATION OFFICER
33 Sec. 2131. NEW SECTION. 15.121 State historic preservation
34officer.
351. The director shall appoint and the governor shall certify
-1211-1the state historic preservation officer pursuant to federal
2requirements. The recommendations and decisions of the state
3historic preservation officer shall be subject to the review
4and approval of the director of the economic development
5authority.
62. The state historic preservation officer shall conduct
7historic preservation activities pursuant to federal and
8state requirements, including but not limited to all of the
9following:
10a. Identifying and documenting historic properties.
11b. Preparing and maintaining a state register of historic
12places, including those listed on the national register of
13historic places.
14c. Conducting historic preservation activities pursuant to
15federal and state requirements.
16d. Publishing matters of historical value to the public,
17and pursuing historical, architectural, and archaeological
18research and development which may include but are not
19limited to continuing surveys, excavation, scientific
20recording, interpretation, and publication of the historical,
21architectural, archaeological, and cultural sites, buildings,
22and structures in the state.
233. Pursuant to section 103A.42, the state historic
24preservation officer, in response to an adequately documented
25request, shall issue an opinion stating whether a property is
26either included in or appears to meet criteria for inclusion in
27the national register of historic places.
284. Pursuant to section 303.16, subsection 6, paragraph “h”,
29the state historic preservation officer must approve a city or
30county government as a certified local government prior to a
31grant or loan fund award to the city or county government for a
32project in the historic preservation category.
335. Pursuant to section 303.18, the state historic
34preservation officer shall require that a rural electric
35cooperative or a municipal utility that is constructing an
-1212-1electric distribution and transmission facility for which it is
2receiving federal funding conduct an archeological site survey.
36. Pursuant to section 427.16, subsections 4 and 12, the
4state historic preservation officer shall be responsible
5for approving applications for certified substantial
6rehabilitation.
7 Sec. 2132. Section 457A.1, Code 2023, is amended to read as
8follows:
9457A.1 Acquisition by other than condemnation.
10The department of natural resources, soil and water
11conservation districts as provided in chapter 161A, the
12historical division of the department of cultural affairs
13 state historic preservation officer, the state archaeologist
14appointed by the state board of regents pursuant to section
15263B.1, any county conservation board, and any city or agency
16of a city may acquire by purchase, gift, contract, or other
17voluntary means, but not by eminent domain, conservation
18easements in land to preserve scenic beauty, wildlife
19habitat, riparian lands, wetlands, or forests; promote outdoor
20recreation, agriculture, soil or water conservation, or open
21space; or otherwise conserve for the benefit of the public the
22natural beauty, natural and cultural resources, and public
23recreation facilities of the state.
24 Sec. 2133. Section 470.5, Code 2023, is amended to read as
25follows:
26470.5 Exceptions.
27This chapter does not apply to buildings used on January 1,
281980, by the division of adult corrections of the department
29of human services as maximum security detention facilities or
30to the renovation of property nominated to, or entered in the
31national register of historic places, designated by statute, or
32included in an established list of historic places compiled by
33the historical division of the department of cultural affairs
34 state historic preservation officer.
35 Sec. 2134. CODE EDITOR DIRECTIVE.
-1213- 11. The Code editor is directed to make the following
2transfer:
3Section 303.18 to section 15.122.
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.
7IOWA FINANCE AUTHORITY
8 Sec. 2135. Section 7C.4A, subsection 1, paragraph b, Code
92023, is amended to read as follows:
10b. However, at any time during the calendar year the
11executive director of the Iowa finance authority may determine
12that a lesser amount need be allocated to the Iowa finance
13authority and on that date this lesser amount shall be the
14amount allocated to the authority and the excess shall be
15allocated under subsection 7.
16 Sec. 2136. Section 15.106C, subsection 1, Code 2023, is
17amended to read as follows:
181. a. The operations of the authority shall be administered
19by a director who shall be appointed by the governor, subject
20to confirmation by the senate, and who shall serve for a
21four-year term beginning and ending as provided in section
2269.19 at the pleasure of the governor. An appointment by the
23governor to fill a vacancy in the office of the director shall
24be for the balance of the unexpired four-year term.
25b. The director of the economic development authority
26under paragraph “a” shall also serve as the director of, and
27administer the operations of, the Iowa finance authority
28pursuant to section 16.6.
29 Sec. 2137. Section 16.1, Code 2023, is amended by adding the
30following new subsection:
31 NEW SUBSECTION. 6A. “Director” means the director of the
32economic development authority who also serves as the director
33of, and administers the operations of, the Iowa finance
34authority pursuant to section 15.106C, subsection 1, paragraph
35“b”.
-1214-1 Sec. 2138. Section 16.1, subsection 9, Code 2023, is amended
2by striking the subsection.
3 Sec. 2139. Section 16.1A, subsection 5, Code 2023, is
4amended to read as follows:
55. The board may, by resolution, delegate to the
6agricultural development board, title guaranty division
7board, executive director, or other authority employee such
8of its powers, under such terms and conditions, as it deems
9appropriate.
10 Sec. 2140. Section 16.2, subsections 6 and 8, Code 2023, are
11amended to read as follows:
126. Members of the authority and the executive director shall
13give bond as required for public officers in chapter 64.
148. Members shall elect a chairperson and vice chairperson
15annually, and other officers as they the members determine,
16but and the executive director shall serve as secretary to the
17authority.
18 Sec. 2141. Section 16.2A, subsections 1, 5, and 7, Code
192023, are amended to read as follows:
201. A title guaranty division is created within the
21authority. The division may also be referred to as Iowa title
22guaranty. The powers of the division relating to the issuance
23of title guaranties are vested in and shall be exercised by a
24title guaranty division board of five members appointed by the
25governor subject to confirmation by the senate. The membership
26of the title guaranty division board shall include an attorney,
27an abstractor, a real estate broker, a representative of a
28lending institution that engages in mortgage lending, and
29a representative of the housing development industry. The
30executive director of the authority shall appoint an attorney
31as director of the title guaranty division, who shall serve
32as an ex officio member of the title guaranty division board.
33The appointment of and compensation for the division director
34are exempt from the merit system provisions of chapter 8A,
35subchapter IV.
-1215- 15. Members of the title guaranty division board and the
2director of the title guaranty division shall give bond as
3required for public officers in chapter 64.
47. Members shall elect a chair and vice chair annually and
5other officers as they the members determine. The executive
6 director or the executive director’s designee shall serve as
7secretary to the title guaranty division board.
8 Sec. 2142. Section 16.2B, subsection 2, Code 2023, is
9amended to read as follows:
102. The agricultural development division shall be
11administered in accordance with the policies of the
12agricultural development board created in section 16.2C.
13The executive director of the authority may organize the
14agricultural development division and employ necessary
15qualified personnel to administer subchapter VIII.
16 Sec. 2143. Section 16.2C, subsection 3, Code 2023, is
17amended to read as follows:
183. The agricultural development board consists of five
19members appointed by the governor subject to confirmation by
20the senate. The executive director of the authority or the
21executive director’s designee shall serve as an ex officio,
22nonvoting member.
23 Sec. 2144. Section 16.2C, subsection 5, paragraph c, Code
242023, is amended to read as follows:
25c. The appointed members shall elect a chairperson and vice
26chairperson annually, and other officers as they the members
27 determine. The executive director of the authority or the
28executive director’s designee shall serve as secretary to the
29board.
30 Sec. 2145. Section 16.2D, subsection 2, paragraph b,
31subparagraph (8), Code 2023, is amended to read as follows:
32(8) The executive director of the Iowa finance authority or
33the executive director’s designee.
34 Sec. 2146. Section 16.5, subsection 4, Code 2023, is amended
35to read as follows:
-1216- 14. Notwithstanding any other provision of law, the
2authority may elect whether to utilize any or all of the goods
3or services available from other state agencies in the conduct
4of its affairs. Departments, boards, commissions, or other
5agencies of the state shall provide reasonable assistance and
6services to the authority upon the request of the executive
7 director.
8 Sec. 2147. Section 16.6, Code 2023, is amended to read as
9follows:
1016.6 Executive director Director — responsibilities.
111. The governor, subject to confirmation by the senate,
12shall appoint an executive director of the authority, who
13shall serve at the pleasure of the governor. The executive
14director shall be selected primarily for administrative
15ability and knowledge in the field, without regard to political
16affiliation. The director of the economic development
17authority shall also serve as the director of, and administer
18the operations of, the authority pursuant to section 15.106C,
19subsection 1, paragraph “b”. The executive director shall not,
20directly or indirectly, exert influence to induce any other
21officers or employees of the state to adopt a political view,
22or to favor a political candidate for office.
232. The executive director shall advise the authority on
24matters relating to housing and housing finance, carry out
25all directives from the authority, and hire and supervise the
26authority’s staff pursuant to its the authority’s directions.
27All employees of the authority are exempt from the merit system
28provisions of chapter 8A, subchapter IV.
293. The executive director, as secretary of the authority,
30shall keep a record of the proceedings of the authority and
31shall be custodian of all books, documents, and papers filed
32with the authority and of its minute book and seal. The
33executive director shall have authority to cause to be made
34copies of all minutes and other records and documents of the
35authority and to give certificates under the seal of the
-1217-1authority to the effect that such copies are true copies and
2all persons dealing with the authority may rely upon such
3certificates.
44. The executive director may establish administrative
5divisions within the authority in order to most efficiently
6and effectively carry out the authority’s responsibilities,
7provided that any creation or modification of authority
8divisions be established only after consultation with the board
9of the authority.
10 Sec. 2148. Section 16.13, subsection 2, paragraph a, Code
112023, is amended to read as follows:
12a. If a member or employee of the authority other than the
13executive director of the authority has an interest, either
14direct or indirect, in a contract to which the authority is,
15or is to be, a party, or in a mortgage lender requesting a loan
16from, or offering to sell mortgage loans to, the authority,
17the interest shall be disclosed to the authority in writing
18and shall be set forth in the minutes of the authority. The
19member or employee having the interest shall not participate
20in any action of the authority with respect to that contract
21or mortgage lender.
22 Sec. 2149. Section 16.13, subsections 3 and 4, Code 2023,
23are amended to read as follows:
243. Nothing in this section shall be deemed to limit the
25right of a member, officer, or employee of the authority to
26acquire an interest in bonds or notes of the authority or to
27limit the right of a member, officer, or employee other than
28the executive director to have an interest in a financial
29institution, including a lending institution, in which the
30funds of the authority are, or are to be, deposited or which
31is, or is to be, acting as trustee or paying agent under a trust
32indenture to which the authority is a party.
334. The executive director shall not have an interest in
34a financial institution, including a lending institution, in
35which the funds of the authority are, or are to be, deposited
-1218-1or which is, or is to be, acting as trustee or paying agent
2under a trust indenture to which the authority is a party. The
3executive director shall not receive, in addition to fixed
4salary or compensation, any money or valuable thing, either
5directly or indirectly, or through any substantial interest
6in any other corporation or business unit, for negotiating,
7procuring, recommending, or aiding in any purchase or sale
8of property, or loan, made by the authority, nor shall the
9executive director be pecuniarily interested, either as
10principal, coprincipal, agent, or beneficiary, either directly
11or indirectly, or through any substantial interest in any other
12corporation or business unit, in any such purchase, sale, or
13loan.
14 Sec. 2150. Section 16.57A, subsection 2, Code 2023, is
15amended to read as follows:
162. Notwithstanding section 8.39, and any other law to
17the contrary, with the prior written consent and approval of
18the governor, the executive director of the authority may
19transfer any unobligated and unencumbered moneys in any fund
20created pursuant to section 16.5, subsection 1, paragraph “s”,
21for deposit in the disaster recovery housing assistance fund
22created in section 16.57B. The prior written consent and
23approval of the director of the department of management shall
24not be required to transfer the unobligated and unencumbered
25moneys.
26 Sec. 2151. Section 16.134, subsection 9, paragraph b,
27subparagraph (3), Code 2023, is amended to read as follows:
28(3) The executive director of the authority or the executive
29 director’s designee.
30 Sec. 2152. Section 16.134, subsection 10, paragraph a, Code
312023, is amended to read as follows:
32a. A water quality financing review committee is created
33consisting of the secretary of agriculture or the secretary’s
34designee, the executive director of the authority or the
35executive director’s designee, and the director of the
-1219-1department of natural resources or the director’s designee.
2 Sec. 2153. Section 257C.7, Code 2023, is amended to read as
3follows:
4257C.7 Staff.
5The executive director and staff of the Iowa finance
6authority, pursuant to chapter 16, shall also serve as
7executive director and staff of the advance funding authority,
8respectively. The executive director shall not, directly or
9indirectly, exert influence to induce any other officers or
10employees of the state to adopt a political view, or to favor a
11political candidate for office.
12 Sec. 2154. Section 257C.12, subsections 1 and 3, Code 2023,
13are amended to read as follows:
141. If a member or employee other than the executive
15 director of the authority has an interest, either direct or
16indirect, in a contract to which the authority is or is to be
17a party, the interest shall be disclosed to the authority in
18writing and shall be set forth in the minutes of a meeting
19of the authority. The member having the interest shall
20not participate in action by the board with respect to that
21contract.
223. The executive director shall not have an interest in
23a bank or other financial institution in which the funds of
24the authority are deposited or which is acting as trustee or
25paying agent under a trust indenture to which the authority is
26a party. The executive director shall not receive, in addition
27to fixed salary or compensation, any money or valuable thing,
28either directly or indirectly, or through any substantial
29interest in any other corporation or business unit, for
30negotiating, procuring, recommending, or aiding in any loan
31made by the authority, nor shall the executive director be
32pecuniarily interested, either as principal, co-principal,
33agent, or beneficiary, either directly or indirectly or through
34any substantial interest in any other corporation or business
35unit, in any loan.
-1220-1 Sec. 2155. Section 418.5, subsection 2, paragraph f, Code
22023, is amended to read as follows:
3f. The executive director of the Iowa finance authority or
4the executive director’s designee.
5 Sec. 2156. Section 466B.3, subsection 4, paragraph j, Code
62023, is amended to read as follows:
7j. The executive director of the Iowa finance authority or
8the executive director’s designee.
9DIVISION VI
10ECONOMIC DEVELOPMENT AUTHORITY — PARTNER STATE PROGRAM
11 Sec. 2157. NEW SECTION. 15.421 Partner state program.
121. a. A partner state program is created which shall be
13administered by the authority. The purpose of the partner
14state program is to establish and maintain relationships
15between the state and foreign countries, provinces, states,
16regions, oblasts, municipalities, districts, divisions,
17counties, prefectures, towns, cities, villages, boroughs,
18and any other similar political subdivisions to facilitate
19mutually beneficial exchanges, collaboration, and cooperation
20with regard to agriculture, culture, education, manufacturing,
21science and technology, sports and recreation, tourism, and the
22arts.
23b. A partner state relationship must be formalized in a
24partner state agreement approved by the governor.
25c. A partner state agreement may be modified or terminated
26only with the approval of the governor.
272. a. A partner state program fund is created in the state
28treasury under the control of the authority and consisting of
29any moneys appropriated to the fund by the general assembly
30and any other moneys available and obtained or accepted by the
31authority for placement in the fund. The fund shall be used
32to administer the partner state program. The authority shall
33use any moneys specifically appropriated for purposes of this
34section only for the purposes of this section.
35b. Notwithstanding section 12C.7, subsection 2, interest
-1221-1or earnings on moneys in the fund shall accrue to the
2authority and shall be used for purposes of this section.
3Notwithstanding section 8.33, moneys in the fund at the end of
4each fiscal year shall not revert to any other fund but shall
5remain in the fund for expenditure for subsequent fiscal years.
6 Sec. 2158. EFFECTIVE DATE. This division of this Act, being
7deemed of immediate importance, takes effect upon enactment.
8 Sec. 2159. APPLICABILITY. This division of this Act applies
9to all of the following:
101. Sister state agreements entered into by the state before
11the effective date of this division of this Act including
12agreements with the following:
13a. China, Hebei Province.
14b. Italy, Veneto Region.
15c. Japan, Yamanashi Prefecture.
16d. Republic of Kosovo.
17e. Mexico, Yucatan.
18f. Taiwan.
19g. Ukraine, Cherkasy Oblast.
202. Partner state agreement entered into by the state on or
21after the effective date of this division of this Act.
22DIVISION VII
23PUBLIC EMPLOYMENT RELATIONS BOARD
24 Sec. 2160. Section 7E.6, subsection 5, Code 2023, is amended
25to read as follows:
265. Any position of membership on the board of parole, the
27public employment relations board, the utilities board, the
28employment appeal board, and the property assessment appeal
29board shall be compensated as otherwise provided in law.
30 Sec. 2161. Section 20.1, subsection 2, paragraph g, Code
312023, is amended by striking the paragraph.
32 Sec. 2162. Section 20.5, Code 2023, is amended to read as
33follows:
3420.5 Public employment relations board.
351. There is established a board to be known as the “Public
-1222-1Employment Relations Board”.
2a. The board shall consist of three members appointed by the
3governor, subject to confirmation by the senate. In selecting
4the members of the board, consideration shall be given to
5their knowledge, ability, and experience in the field of
6labor-management relations. No more than two members shall be
7of the same political affiliation, and no member shall engage
8in any political activity while holding office and the members
9shall devote full time to their duties.
10b. The members shall be appointed for staggered terms of
11four years beginning and ending as provided in section 69.19.
12c. The member first appointed for a term of four years shall
13serve as chairperson and each of the member’s successors shall
14also serve as chairperson.
15d. Any vacancy occurring shall be filled in the same manner
16as regular appointments are made.
172. The governor shall appoint an executive director of the
18board, subject to confirmation by the senate, who shall serve
19at the pleasure of the governor. The executive director shall
20serve as the executive officer of the board. In selecting
21the executive director, consideration shall be given to the
22person’s knowledge, ability, and experience in the field of
23labor-management relations. The governor shall set the salary
24of the executive director within the applicable salary range
25established by the general assembly.
262. 3. The board may employ such persons as are necessary
27for the performance of its functions. Personnel of the board
28shall be employed pursuant to the provisions of chapter 8A,
29subchapter IV.
303. 4. The chairperson and the remaining two members
31shall be compensated as provided in section 7E.6, subsection
325. Members of the board and employees of the board shall
33be allowed their actual and necessary expenses incurred in
34the performance of their duties and may be entitled to per
35diem compensation as authorized under section 7E.6. All
-1223-1expenses and salaries shall be paid from appropriations for
2such purposes and the board shall be subject to the budget
3requirements of chapter 8.
45. The board shall meet at least quarterly and at the call
5of the chairperson.
6 Sec. 2163. Section 20.6, subsection 1, Code 2023, is amended
7to read as follows:
81. Administer the provisions of this chapter and delegate
9the powers and duties of the board to the executive director or
10persons employed by the board, as appropriate.
11 Sec. 2164. Section 20.11, subsection 5, Code 2023, is
12amended to read as follows:
135. The board’s review of proposed decisions and the
14rehearing or judicial review of final decisions is governed by
15the provisions of chapter 17A.
16 Sec. 2165. Section 20.13, subsection 3, Code 2023, is
17amended by striking the subsection.
18 Sec. 2166. NEW SECTION. 20.34 Judicial review.
19Notwithstanding chapter 17A, in a petition for judicial
20review of a decision of the board in a contested case under
21this chapter, the opposing party shall be named the respondent,
22and the board shall not be named as a respondent. Judicial
23review of agency action by the board under this chapter is not
24subject to chapter 17A.
25DIVISION VIII
26DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT
27 Sec. 2167. Section 16.57B, subsection 4, Code 2023, is
28amended to read as follows:
294. Registration required. To be considered for a forgivable
30loan or grant under the program, a homeowner or renter must
31register for the disaster case management advocacy program
32established pursuant to section 29C.20B. The disaster case
33manager may refer the homeowner or renter to the appropriate
34local program administrator.
35 Sec. 2168. Section 29C.8, subsection 1, Code 2023, is
-1224-1amended to read as follows:
21. The department of homeland security and emergency
3management shall be under the management of a director who
4shall be appointed by the governor, subject to confirmation
5by the senate, and who shall serve at the pleasure of the
6governor.
7 Sec. 2169. Section 29C.20A, subsections 2, 4, and 5, Code
82023, are amended to read as follows:
92. The grant funds shall be administered by the department
10of human services. The department shall adopt rules to create
11the Iowa disaster aid individual assistance grant program. The
12rules shall specify the eligibility of applicants and eligible
13items for grant funding. The executive council shall use
14grant funds to reimburse the department of human services for
15its actual expenses associated with the administration of the
16grants. The department of human services may implement an
17ongoing contract with a provider or providers of a statewide
18program with local offices throughout the state to serve as the
19local administrative entity for the grant program so that the
20program can be implemented with minimal delay when a disaster
21occurs in a local area. The rules adopted by the department
22of human services for the program shall include but are not
23limited to all of the following:
24a. If a local administrative entity is under contract with
25the state to provide other services or is implementing a state
26or federal program and the contract contains a sufficient
27surety bond or other adequate financial responsibility
28provision, the department shall accept the existing surety
29bond or financial responsibility provision in lieu of applying
30a new or additional surety bond or financial responsibility
31requirement.
32b. If the president of the United States has declared a
33major disaster to exist in this state and federal aid is made
34available to provide assistance grants to individuals similar
35to that provided by the Iowa disaster aid individual assistance
-1225-1grant program, the Iowa program shall be discontinued.
2c. Authorization for the local administrative entity to draw
3grant funding to pay valid claims on at least a weekly basis.
44. A recipient of grant funding shall receive reimbursement
5for expenses upon presenting a receipt for an eligible expense
6or shall receive a voucher through a voucher system developed
7by the department of human services and administered locally
8within the designated disaster area. A voucher system shall
9ensure sufficient data collection to discourage and prevent
10fraud. The department shall consult with long-term disaster
11recovery committees and disaster recovery case management
12committees in developing a voucher system.
135. The department of human services shall submit an annual
14report, by January 1 of each year, to the legislative fiscal
15committee and the general assembly’s standing committees on
16government oversight concerning the activities of the grant
17program in the previous fiscal year.
18 Sec. 2170. Section 29C.20B, Code 2023, is amended to read
19as follows:
2029C.20B Disaster case management advocacy grant fund and
21program.
221. a. A disaster case management advocacy grant fund is
23created in the state treasury for the use of the executive
24council. Moneys in the fund shall be expended if grants are
25awarded pursuant to section 29C.20A available following the
26governor’s proclamation of a state of disaster emergency or the
27declaration of a major disaster by the president of the United
28States.
29b. The executive council may make financial grants to
30meet disaster-related case management advocacy needs of
31disaster-affected individuals. The aggregate total of grants
32awarded shall not be more than one million dollars during a
33fiscal year. However, within the same fiscal year, additional
34funds may be specifically authorized by the executive council
35to meet additional needs. Upon request of the department of
-1226-1human services, the executive council may make available up to
2one hundred thousand dollars, or so much as is necessary, for
3contract entity staff support and case management training.
4c. The department of human services shall work with the
5department of homeland security and emergency management
6and, as selected by the department of human services, a
7representative representatives of selected nonprofit,
8voluntary, and faith-based organizations active in disaster
9recovery and response to establish a statewide system of
10disaster case management advocacy to be activated following
11the governor’s proclamation of a disaster emergency or the
12declaration of a major disaster by the president of the United
13States for individual assistance purposes.
142. The department of human services shall administer
15disaster case management advocacy grants. The department
16of human services, in conjunction with the department of
17homeland security and emergency management, shall establish
18a disaster case management advocacy program and adopt rules
19pursuant to chapter 17A necessary to administer the program.
20The executive council shall use grant moneys to reimburse the
21department of human services for actual expenses associated
22with the administration of the grants. Under the program, the
23department of human services shall coordinate case management
24 advocacy services locally through one or more contracted
25entities. The department of human services shall may implement
26an ongoing contract with a provider of a statewide program
27with local offices throughout the state to serve as the
28local administrative entity for the grant program to allow
29implementation of the program with minimal delay if grants are
30awarded pursuant to section 29C.20A following a governor’s
31proclamation of a state of disaster emergency or a declaration
32of a major disaster by the president of the United States.
333. The department of human services, in conjunction with the
34department of homeland security and emergency management and
35a representative in consultation with representatives of the
-1227-1Iowa voluntary organizations active in disaster, shall adopt
2rules pursuant to chapter 17A to create coordination mechanisms
3and standards for the establishment and implementation of
4a statewide system of disaster case management advocacy.
5The rules adopted by the department of human services for
6the program shall include but are not limited to all of the
7following:
8a. If a local administrative entity is under contract with
9the state to provide other services or is implementing a state
10or federal program and the contract contains a sufficient
11surety bond or other adequate financial responsibility
12provisions, the department shall accept the existing surety
13bond or financial responsibility provisions in lieu of applying
14a new or additional surety bond or financial responsibility
15requirement.
16b. Authorization for the local administrative entity to draw
17down grant funding to pay valid claims on at least a weekly
18basis.
19c. Disaster case management advocacy standards.
20d. Disaster case management advocacy policies.
21e. Reporting requirements.
22f. Eligibility criteria.
23g. Coordination mechanisms necessary to carry out the
24services provided.
25h. Development of formal working relationships with agencies
26and creation of interagency agreements for those considered to
27provide disaster case management advocacy services.
28i. Establishment of nonduplication of benefits policies and
29mechanisms for the exchange of information between agencies to
30ensure compliance with the federal Health Insurance Portability
31and Accountability Act of 1996, Pub.L. No.104-191, 110 Stat.
321936 (1996).
33j. Referral to all known available services for individuals
34from multiple agencies in coordinated service locations.
354. By January 1 of each year, the department of human
-1228-1services shall submit an annual written report to the
2legislative fiscal committee and the general assembly’s
3standing committees on government oversight concerning the
4activities of the grant program during the previous fiscal
5year.
6DIVISION IX
7DEPARTMENT OF VETERANS AFFAIRS
8 Sec. 2171. Section 7E.5, subsection 1, paragraph v, Code
92023, is amended to read as follows:
10v. The department of veterans affairs. However, the
11commission of veterans affairs created in section 35A.2 shall
12have created in section 35A.4, which has primary responsibility
13for state veterans affairs.
14 Sec. 2172. Section 11.5B, subsection 7, Code 2023, is
15amended to read as follows:
167. Iowa veterans home Department of veterans affairs.
17 Sec. 2173. Section 16.2D, subsection 2, paragraph b,
18subparagraph (9), Code 2023, is amended to read as follows:
19(9) The director commandant of the department of veterans
20affairs or the director’s commandant’s designee.
21 Sec. 2174. Section 35A.1, subsection 1, Code 2023, is
22amended to read as follows:
231. “Commandant” means the commandant of the Iowa veterans
24home appointed in section 35D.13 appointed pursuant to section
2535A.8.
26 Sec. 2175. Section 35A.1, subsection 5, Code 2023, is
27amended by striking the subsection.
28 Sec. 2176. Section 35A.2, subsections 1 and 3, Code 2023,
29are amended to read as follows:
301. A commission of veterans affairs is created consisting of
31eleven persons who shall be appointed by the governor, subject
32to confirmation by the senate. Members shall be appointed to
33staggered terms of four years beginning and ending as provided
34in section 69.19. The governor shall fill a vacancy for the
35unexpired portion of the term. In addition to the members
-1229-1appointed by the governor, the director of the department and
2 the commandant of the Iowa veterans home shall serve as a
3 nonvoting, ex officio members member of the commission.
43. a. The commissioners are entitled to receive
5reimbursement for actual expenses incurred while engaged in the
6performance of official duties. Each member of the commission
7may also be eligible to receive compensation as provided in
8section 7E.6.
9b. The executive director, commandant, and employees of the
10department and the Iowa veterans home are entitled to receive,
11in addition to salary, reimbursement for actual expenses
12incurred while engaged in the performance of official duties.
13c. All out-of-state travel by commissioners shall be
14approved by the chairperson of the commission.
15 Sec. 2177. Section 35A.3, subsection 4, Code 2023, is
16amended by striking the subsection and inserting in lieu
17thereof the following:
184. Review and approve applications for distributions
19of moneys from the veterans license fee fund pursuant to
20section 35A.11 and the veterans trust fund pursuant to section
2135A.13 for the benefit of veterans, spouses of veterans, and
22dependents of veterans.
23 Sec. 2178. Section 35A.4, Code 2023, is amended to read as
24follows:
2535A.4 Department established.
26There is established an Iowa department of veterans affairs
27which shall consist of a commandant, a commission, an executive
28director, and any additional personnel as employed by the
29executive director commandant.
30 Sec. 2179. Section 35A.5, subsection 10, paragraph d, Code
312023, is amended to read as follows:
32d. The department through the director commandant shall have
33the authority to accept suitable cemetery land, in accordance
34with federal veterans cemetery grant guidelines, from the
35federal government, state government, state subdivisions,
-1230-1private sources, and any other source wishing to transfer land
2for use as a veterans cemetery.
3 Sec. 2180. Section 35A.5, subsection 12, Code 2023, is
4amended to read as follows:
512. Adopt rules pursuant to chapter 17A and establish policy
6for the management and operation of the department, for the
7facilitation of programs under the department’s authority, and
8for the performance of duties established under this section.
9Prior to adopting rules, the department shall submit proposed
10rules to the commission for review and approval pursuant to the
11requirements of section 35A.3.
12 Sec. 2181. Section 35A.8, Code 2023, is amended to read as
13follows:
1435A.8 Executive director Commandant — term — duties.
151. The governor shall appoint an executive director a
16commandant, subject to confirmation by the senate, who shall
17serve at the pleasure of the governor. The executive director
18 commandant is responsible for administering the duties of the
19department and the commission other than those related to the
20Iowa veterans home.
212. The executive director commandant shall be a resident
22of the state of Iowa and an honorably discharged veteran who
23served in the armed forces of the United States during a
24conflict or war. As used in this section, the dates of service
25in a conflict or war shall coincide with the dates of service
26established by the Congress of the United States.
273. Except for the employment duties and responsibilities
28assigned to the commandant for the Iowa veterans home, the
29executive director The commandant shall employ such personnel
30as are necessary for the performance of the duties and
31responsibilities assigned to the department and the commission.
32All employees shall be selected on a basis of fitness for
33the work to be performed with due regard to training and
34experience and shall be subject to the provisions of chapter
358A, subchapter IV.
-1231-1 Sec. 2182. Section 35D.1, subsection 2, Code 2023, is
2amended to read as follows:
32. As used in this chapter:
4a. “Commandant” means the commandant of the Iowa veterans
5home appointed pursuant to section 35D.13 35A.8.
6b. “Commission” means the commission of veterans affairs
7established in section 35A.2.
8c. “Department” means the department of veterans affairs
9established in section 35A.4.
10c. d. “Member” means a patient or resident of the home.
11 Sec. 2183. Section 35D.5, Code 2023, is amended to read as
12follows:
1335D.5 Surviving spouses of veterans.
14If a deceased veteran, who would be entitled to admission
15to the home if the deceased veteran were living, has left a
16surviving spouse, the spouse is entitled to admission to the
17home with the same rights, privileges, and benefits as if the
18veteran were living and a member of the home, if the spouse
19was married to the veteran for at least one year immediately
20prior to the veteran’s death, is found by the commandant
21 department to be disabled, meets the qualifications for nursing
22or residential level of care, and is a resident of the state of
23Iowa on the date of the application and immediately preceding
24the date the application is accepted.
25 Sec. 2184. Section 35D.7, Code 2023, is amended to read as
26follows:
2735D.7 Contributing to own support.
281. Except as otherwise provided in chapter 249A and other
29provisions of this chapter, a member of the home who receives
30a pension, compensation, or gratuity from the United States
31government, or income from any source of more than one hundred
32forty dollars per month, shall contribute to the member’s own
33maintenance or support while a member of the home. The amount
34of the contribution and the method of collection shall be
35determined by the commandant department, but the amount shall
-1232-1in no case exceed the actual cost of keeping and maintaining
2the person in the home.
32. Sums paid to and received by the commandant department
4 for the support of members of the home shall be considered
5repayment receipts as defined in section 8.2 and credited to
6the Iowa veterans home account referred to in section 35D.18,
7subsection 3.
83. The commandant department may allow any member of the
9home to render assistance in the care of the home and its
10grounds as the member’s psychosocial and physical condition
11permit, as a phase of that member’s rehabilitation program.
12The commandant department shall compensate each member who
13furnishes assistance at rates approved by the commission.
14 Sec. 2185. Section 35D.10, Code 2023, is amended to read as
15follows:
1635D.10 Payment to spouse.
17Except as otherwise provided in chapter 249A and other
18provisions of this chapter, a member of the home who receives a
19pension or compensation and who has a spouse shall deposit with
20the commandant department on receipt of the member’s pension or
21compensation check one-half of its amount, which shall be sent
22by the eighth day of the month or at once if any such pension
23or compensation is received after the eighth day of the month
24to the spouse.
25 Sec. 2186. Section 35D.11, Code 2023, is amended to read as
26follows:
2735D.11 Handling of pension money and other funds.
281. Pension money deposited with the commandant department
29 is not assignable for any purpose except as provided in section
3035D.10, or in accordance with subsection 2 of this section.
312. The commandant department, if authorized by a member of
32the home, and pursuant to policies adopted by the commission,
33may act on behalf of that member in receiving, disbursing, and
34accounting for personal funds of the member received from any
35source. The authorization may be given by the member at any
-1233-1time and shall not be a condition of admission to the home.
2 Sec. 2187. Section 35D.12, Code 2023, is amended to read as
3follows:
435D.12 Bank account for members’ deposits.
51. a. The Iowa veterans home, for the convenience of its
6members, may maintain a commercial account with a federally
7insured bank for the individual personal deposits of its
8members. The account shall be known as the Iowa veterans
9home membership account. The commandant department shall
10record each member’s personal deposits individually and shall
11deposit the funds in the membership account, where the members’
12deposits shall be held in the aggregate.
13b. The Iowa veterans home may withdraw moneys from the
14account maintained pursuant to this subsection to establish
15certificates of deposit for the benefit of all members. The
16commission department shall adopt rules pursuant to chapter 17A
17for the administration of this paragraph.
182. The commandant department, if authorized by a member of
19the home, and pursuant to policies adopted by the commission,
20may make withdrawals against that member’s personal account to
21pay regular bills and other expenses incurred by the member.
22The authorization may be given by the member at any time and
23shall not be a condition of admission to the home.
24 Sec. 2188. Section 35D.15, subsection 1, Code 2023, is
25amended to read as follows:
261. The commandant shall administer and enforce all rules
27adopted by the commission, including rules of discipline and,
28subject to these rules, may immediately suspend the membership
29of and discharge any person from the home for infraction of
30the rules when the commandant department determines that the
31health, safety, or welfare of the residents of the home is in
32immediate danger and other reasonable alternatives have been
33exhausted. The suspension and discharge are temporary pending
34action by the commission. Judicial review of the action of the
35commission may be sought in accordance with chapter 17A.
-1234-1 Sec. 2189. Section 35D.15, subsection 2, paragraphs a, b, d,
2and f, Code 2023, are amended to read as follows:
3a. The commandant department shall, with the input
4and recommendation of the interdisciplinary resident care
5committee, involuntarily discharge a member for any of the
6following reasons:
7(1) (a) The member has been diagnosed with a substance use
8disorder but continues to abuse alcohol or an illegal drug in
9violation of the member’s conditional or provisional agreement
10entered into at the time of admission, and all of the following
11conditions are met:
12(i) The member has been provided sufficient notice of any
13changes in the member’s collaborative care plan.
14(ii) The member has been notified of the member’s commission
15of three offenses and has been given the opportunity to correct
16the behavior through either of the following options:
17(A) Being given the opportunity to receive the appropriate
18level of treatment in accordance with best practices for
19standards of care.
20(B) By having been placed on probation by the Iowa veterans
21home for a second offense.
22(b) Notwithstanding the member’s meeting the criteria
23for discharge under this subparagraph (1), if the member
24has demonstrated progress toward the goals established in
25the member’s collaborative care plan, the interdisciplinary
26resident care committee and the commandant department may
27exercise discretion regarding the discharge. Notwithstanding
28any provision to the contrary, the member may be immediately
29discharged under this subparagraph (1) if the member’s actions
30or behavior jeopardizes the life or safety of other members or
31staff.
32(2) (a) The member refuses to utilize the resources
33available to address issues identified in the member’s
34collaborative care plan, and all of the following conditions
35are met:
-1235- 1(i) The member has been provided sufficient notice of any
2changes in the member’s collaborative care plan.
3(ii) The member has been notified of the member’s commission
4of three offenses and the member has been placed on probation
5by the Iowa veterans home for a second offense.
6(b) Notwithstanding the member’s meeting the criteria
7for discharge under this subparagraph (2), if the member
8has demonstrated progress toward the goals established in
9the member’s collaborative care plan, the interdisciplinary
10resident care committee and the commandant department may
11exercise discretion regarding the discharge. Notwithstanding
12any provision to the contrary, the member may be immediately
13discharged if the member’s actions or behavior jeopardizes the
14life or safety of other members or staff.
15(3) The member no longer requires a residential or nursing
16level of care, as determined by the interdisciplinary resident
17care committee.
18(4) The member requires a level of licensed care not
19provided at the Iowa veterans home.
20b. (1) If a member is discharged under this subsection,
21the discharge plan shall include placement in a suitable
22living situation which may include but is not limited to
23a transitional living program approved by the commission
24or a living program provided by the United States veterans
25administration.
26(2) If a member is involuntarily discharged under this
27subsection, the commission department shall, to the greatest
28extent possible, ensure against the veteran being homeless and
29ensure that the domicile to which the veteran is discharged is
30fit and habitable and offers a safe and clean environment which
31is free from health hazards and provides appropriate heating,
32ventilation, and protection from the elements.
33d. Annually, by the fourth Monday of each session of the
34general assembly, the commandant department shall submit a
35report to the veterans affairs committees of the senate and
-1236-1house of representatives specifying the number, circumstances,
2and placement of each member involuntarily discharged from the
3Iowa veterans home under this subsection during the previous
4calendar year.
5f. Any involuntary discharge by the commandant department
6 under this subsection shall comply with the rules adopted by
7the commission under this subsection and by the department of
8inspections and appeals pursuant to section 135C.14, subsection
98, paragraph “f”.
10 Sec. 2190. Section 35D.17, Code 2023, is amended to read as
11follows:
1235D.17 Report by commandant department.
13The commandant department shall, biennially, make a full
14and detailed report to the governor, the commission, and the
15general assembly, showing the condition of the home, the
16number of members in the Iowa veterans home, the order and
17discipline enforced, and the needs of the home financially and
18otherwise, together with an itemized statement of all receipts
19and disbursements and any other matters of importance in the
20management and control of the Iowa veterans home.
21 Sec. 2191. REPEAL. Sections 35D.13 and 35D.14, Code 2023,
22are repealed.
23DIVISION X
24OFFICE OF DRUG CONTROL POLICY
25 Sec. 2192. Section 80.4, subsection 1, Code 2023, is amended
26by adding the following new paragraph:
27 NEW PARAGRAPH. g. Office of drug control policy.
28 Sec. 2193. Section 80.5, Code 2023, is amended by adding the
29following new subsection:
30 NEW SUBSECTION. 10. The department shall receive and review
31the budget submitted by the drug policy director and assist the
32drug policy director in directing the office of drug control
33policy pursuant to section 80E.1.
34 Sec. 2194. Section 80E.1, Code 2023, is amended to read as
35follows:
-1237- 180E.1 Drug policy coordinator director.
21. The office of drug control policy is established in
3the department of public safety.A drug policy coordinator
4 director shall be appointed by the governor, subject to
5confirmation by the senate, and shall serve at the pleasure of
6the governor commissioner of the department of public safety.
7The governor shall fill a vacancy in the office in the same
8manner as the original appointment was made. The coordinator
9 director shall be selected primarily for administrative
10ability. The coordinator director shall not be selected on
11the basis of political affiliation and shall not engage in
12political activity while holding the office. The salary of the
13coordinator shall be fixed by the governor.
142. The coordinator director shall:
15a. Direct the governor’s office of drug control policy,
16and coordinate and monitor all statewide drug enforcement
17efforts, coordinate and monitor all state and federal substance
18use disorder treatment grants and programs, coordinate and
19monitor all statewide substance abuse use disorder prevention
20and education programs in communities and schools, and engage
21in such other related activities as required by law. The
22coordinator director shall work in coordinating the efforts of
23the department of corrections, the department of education,
24the Iowa department of public health, the department of public
25safety, and the department of health and human services. The
26coordinator director shall assist in the development and
27implementation of local and community strategies to fight
28substance abuse use disorder, including local law enforcement,
29education, and treatment activities.
30b. Submit an annual report to the governor and general
31assembly by November 1 of each year concerning the activities
32and programs of the coordinator director and other departments
33related to drug enforcement, substance use disorder treatment
34programs, and substance abuse use disorder prevention and
35education programs. The report shall include an assessment
-1238-1of needs with respect to programs related to substance use
2disorder treatment and drug enforcement.
3c. Submit an advisory budget recommendation to the governor
4and general assembly concerning enforcement programs, treatment
5programs, and education programs related to drugs within the
6various departments. The coordinator director shall work
7with these departments in developing the departmental budget
8requests to be submitted to the legislative services agency and
9the general assembly.
103. The governor’s office of drug control policy shall be
11an independent office, located at the same location as the
12department of public safety. Administrative support services
13may shall be provided to the governor’s office of drug control
14policy by the department of public safety.
15 Sec. 2195. Section 80E.4, Code 2023, is amended to read as
16follows:
1780E.4 Drug abuse resistance education fund.
18A drug abuse resistance education fund is created as a
19separate fund in the state treasury under the control of the
20governor’s office department of public safety for the office
21 of drug control policy for use by the drug abuse resistance
22education program and other programs with a similar purpose.
23The fund shall consist of appropriations made to the fund
24and transfers of interest, moneys collected from the crime
25services surcharge established in section 911.1, and earnings.
26All moneys in the fund are appropriated to the governor’s
27office of drug control policy department of public safety.
28Notwithstanding section 8.33, any balance in the fund on June
2930 of any fiscal year shall not revert to any other fund of the
30state but shall remain available for the purposes described in
31this section.
32 Sec. 2196. Section 124.101, subsection 22, Code 2023, is
33amended to read as follows:
3422. “Office” means the governor’s office of drug control
35policy, as referred to in section 80E.1.
-1239-1DIVISION XI
2DEPARTMENT OF WORKFORCE DEVELOPMENT
3PRIMARY DEPARTMENT RESPONSIBILITIES
4 Sec. 2197. Section 84A.5, subsection 3, Code 2023, is
5amended to read as follows:
63. The department of workforce development is responsible
7for administration of unemployment compensation benefits
8and collection of employer contributions under chapter 96,
9providing for the delivery of free public employment services
10established pursuant to chapter 96, other job placement and
11training programs established pursuant to section 84A.6,
12employment agencies under chapter 84H, and the delivery of
13services located throughout the state.
14 Sec. 2198. Section 84A.5, subsection 7, Code 2023, is
15amended by adding the following new paragraphs:
16 NEW PARAGRAPH. f. The statewide work-based learning
17intermediary network program under section 84A.16.
18 NEW PARAGRAPH. g. The new jobs training program under
19chapter 260E, in consultation with the community colleges.
20 NEW PARAGRAPH. h. The Iowa jobs training act under chapter
21260F.
22 NEW PARAGRAPH. i. The workforce development fund program
23under chapter 84F.
24 NEW PARAGRAPH. j. The accelerated career education
25program under chapter 260G, in coordination with the community
26colleges.
27 NEW PARAGRAPH. k. The older American community service
28employment program under section 84A.17.
29 NEW PARAGRAPH. l. The apprenticeship training program under
30chapter 84D.
31 NEW PARAGRAPH. m. The future ready Iowa registered
32apprenticeship development program under section 84E.1.
33 NEW PARAGRAPH. n. The future ready Iowa expanded registered
34apprenticeship opportunities program under section 84E.2.
35 NEW PARAGRAPH. o. Adult education and literacy programs
-1240-1under section 84A.19.
2REGIONAL INDUSTRY SECTOR PARTNERSHIPS
3 Sec. 2199. Section 260H.2, subsection 2, paragraph a, Code
42023, is amended to read as follows:
5a. A pathways for academic career and employment fund is
6created for the community colleges in the state treasury to be
7administered by the department of education and the department
8of workforce development. The moneys in the pathways for
9academic career and employment fund are appropriated to the
10department of education for the pathways for academic career
11and employment program.
12 Sec. 2200. Section 260H.7B, Code 2023, is amended to read
13as follows:
14260H.7B Regional industry sector partnerships.
151. A community college and the department of workforce
16development may use moneys for the pathways for academic career
17and employment program to provide staff and support for the
18development and implementation of a regional industry sector
19partnerships partnership within the each region served by
20the each community college. For purposes of this section,
21“community college” means the same as defined in section 260C.2.
222. Regional, A regional industry sector partnerships
23 partnership may include but are engage in but is not limited to
24the following activities:
25a. Bringing together Collaborating with representatives
26from industry sectors, government, education, local workforce
27boards, community-based organizations, labor, economic
28development organizations, and other stakeholders within the
29regional labor market to determine how pathways for academic
30career and employment projects should address workforce skills
31gaps, occupational shortages, and wage gaps.
32b. Integrating pathways for academic career and employment
33projects and other existing supply-side strategies with
34workforce needs within the region served by the community
35college in that region.
-1241- 1c. Developing pathways for academic career and employment
2projects that focus on the workforce skills, from entry level
3to advanced, required by industry sectors within the region
4served by the community college.
5d. Structuring pathways so that instruction and learning of
6 workforce skills are aligned with industry-recognized standards
7where such standards exist.
8 Sec. 2201. Section 260H.8, Code 2023, is amended to read as
9follows:
10260H.8 Rules.
11The department of education, in consultation with the
12community colleges, the economic development authority, and the
13department of workforce development, shall adopt rules pursuant
14to chapter 17A and this chapter to implement the provisions of
15 this chapter. Local workforce development boards established
16pursuant to section 84A.4 shall be consulted in the development
17and implementation of rules to be adopted pursuant to this
18chapter section.
19 Sec. 2202. CODE EDITOR DIRECTIVE.
201. The Code editor is directed to make the following
21transfer:
22Section 260H.7B to section 84A.15.
232. The Code editor shall correct internal references in the
24Code and in any enacted legislation as necessary due to the
25enactment of this section.
26 Sec. 2203. TRANSITION PROVISIONS. A regional industry
27sector partnership entered into by a community college prior
28to the effective date of this division of this Act shall be
29valid and continue per the terms of the agreement between the
30community college and the partnership.
31STATEWIDE WORK-BASED LEARNING INTERMEDIARY NETWORK
32 Sec. 2204. Section 256.40, Code 2023, is amended to read as
33follows:
34256.40 Statewide work-based learning intermediary network —
35fund — steering committee — regional networks.
-1242- 11. A statewide work-based learning intermediary network
2program is established in the department of workforce
3development and shall be administered by the department. A
4separate, statewide work-based learning intermediary network
5fund is created in the state treasury under the control of the
6department of workforce development. The fund shall consist
7of all moneys deposited in the fund, including any moneys
8appropriated by the general assembly and any other moneys
9available to and obtained or accepted by the department of
10workforce development from federal or private sources for
11purposes of the program. Notwithstanding section 8.33, moneys
12in the fund at the end of a fiscal year shall not revert to
13the general fund of the state. Notwithstanding section 12C.7,
14subsection 2, interest or earnings on moneys in the fund shall
15be credited to the fund.
162. The purpose of the program shall be to prepare students
17for the workforce by connecting business and the education
18system facilitating cooperation and collaboration between
19businesses and entities within the state system of education,
20as that state system of education is described in section
21256.1, subsection 1, and offering to offer relevant, work-based
22learning activities to students and teachers. The program
23shall do all of the following:
24a. Better prepare Prepare students to make informed
25postsecondary education and career decisions.
26b. Provide communication and coordination in order to build
27and sustain relationships between employers and local youth,
28the state system of education system, and the community at
29large.
30c. Connect students to local career opportunities within the
31state, creating economic capital for the region state using a
32skilled and available workforce.
33d. Provide a one-stop contact point for information
34useful to both educators and employers, including information
35on related to internships, job shadowing experiences,
-1243-1apprenticeable occupations as defined in section 15B.2,
2and other workplace learning opportunities for students,
3particularly including those related to occupations in
4 science, technology, engineering, or mathematics occupations,
5occupations related to critical infrastructure, and commercial
6and residential construction, or and targeted industries as
7defined in section 15.102.
8e. Integrate services provided through the program with
9other career exploration-related activities, which may include
10but are not limited to the a student’s career and academic
11plans and career information and decision-making systems
12utilized in accordance with under section 279.61.
13f. Facilitate the attainment of portable credentials of
14value to employers such as the national career readiness
15certificate, where appropriate.
16g. Develop work-based capacity with employers.
17h. Provide core services, which may include student job
18shadowing, student internships, and teacher or student tours.
193. a. The department of workforce development shall
20establish and facilitate a steering committee comprised of
21representatives from the department of workforce development
22 education, the economic development authority, the community
23colleges, the institutions under the control of the state board
24of regents, accredited private institutions, area education
25agencies, school districts, the workplace learning connection,
26and an apprenticeship sponsor as defined in section 15B.2. The
27steering committee shall be responsible for the development
28and implementation of the statewide work-based learning
29intermediary network.
304. b. The steering committee shall develop a design for
31a statewide network comprised of fifteen regional work-based
32learning intermediary networks. The design shall include
33network specifications, strategic functions, and desired
34outcomes. The steering committee shall recommend program
35parameters and reporting requirements to the department of
-1244-1workforce development.
25. 4. Each regional network shall establish an advisory
3council to provide advice and assistance to the regional
4network. The advisory council shall include representatives of
5business and industry, including construction trade industry
6professionals, and shall meet at least annually.
76. 5. Each regional network or consortium of networks shall
8annually submit a work-based learning plan to the department of
9workforce development. Each plan shall include provisions to
10provide core services referred to in subsection 2, paragraph
11“h”, to all school districts within the region and for the
12integration of job shadowing and other work-based learning
13activities into secondary career and technical education
14programs.
157. 6. a. Moneys Upon approval by the department of
16workforce development of a region’s work-based learning plan
17submitted pursuant to subsection 5, moneys deposited in the
18statewide work-based learning intermediary network fund created
19in subsection 1 shall be distributed annually by the department
20of workforce development to each region for the implementation
21of the statewide work-based learning intermediary network upon
22approval by the department of the region’s work-based learning
23plan submitted pursuant to subsection 6.
24b. If the balance in the statewide work-based learning
25intermediary network fund on July 1 of a fiscal year is one
26million five hundred thousand dollars or less, the department
27of workforce development shall distribute moneys in the fund to
28regions or consortiums of regions on a competitive basis. If
29the balance in the statewide work-based learning intermediary
30network fund on July 1 of a fiscal year is greater than one
31million five hundred thousand dollars, the department of
32workforce development shall distribute one hundred thousand
33dollars to each region and distribute the remaining moneys
34pursuant to the same formula established for distribution of
35funds by the department of education in section 260C.18C.
-1245- 18. 7. The department of workforce development shall provide
2oversight of the statewide work-based learning intermediary
3network. The department of workforce development shall require
4each region to submit an annual report on its the region’s
5 ongoing implementation of the statewide work-based learning
6intermediary network program to the department.
79. 8. Each regional network shall match the moneys received
8pursuant to subsection 7 6 with financial resources equal to at
9least twenty-five percent of the amount of the moneys received
10pursuant to subsection 7 6. The financial resources used
11to provide the match may include private donations, in-kind
12contributions, or public moneys other than the moneys received
13pursuant to subsection 7 6.
1410. 9. The state board of education department of workforce
15development shall adopt rules under chapter 17A for the
16administration of this section.
17 Sec. 2205. CODE EDITOR DIRECTIVE.
181. The Code editor is directed to make the following
19transfer:
20Section 256.40, as amended in this division of this Act, to
21section 84A.16.
222. The Code editor shall correct internal references in the
23Code and in any enacted legislation as necessary due to the
24enactment of this section.
25INDUSTRIAL NEW JOBS TRAINING
26 Sec. 2206. Section 15A.7, subsection 3, Code 2023, is
27amended to read as follows:
283. That the employer shall agree to pay wages for the jobs
29for which the credit is taken of at least the laborshed wage,
30as calculated by the authority pursuant to section 15.327,
31subsection 15. For purposes of this subsection, “laborshed
32wage” means the wage level represented by those wages within
33two standard deviations from the mean wage within the laborshed
34area in which the eligible business is located, as calculated
35by the department of workforce development by rule, using the
-1246-1most current covered wage and employment data available to
2the department for the laborshed area.Eligibility for the
3supplemental credit shall be based on a one-time determination
4of starting wages by the community college.
5 Sec. 2207. Section 260E.7, Code 2023, is amended to read as
6follows:
7260E.7 Program review by economic development authority
8 department of workforce development.
91. The economic development authority department of
10workforce development, in consultation with the department of
11education, and the department of revenue, and the department
12of workforce development, shall coordinate and review the new
13jobs training program. The economic development authority
14 department of workforce development shall adopt, amend, and
15repeal rules under chapter 17A that the community college will
16use in developing projects with new and expanding industrial
17new jobs training proposals and that the economic development
18authority department of workforce development shall use to
19review and report on the new jobs training program as required
20in this section.
212. a. The authority department of workforce development,
22in consultation with the community colleges participating
23in the new jobs training program pursuant to this chapter,
24shall identify the information necessary to effectively
25coordinate and review the program, and the community colleges
26shall provide such information to the authority department.
27Using the information provided, the authority department, in
28consultation with the community colleges, shall issue a report
29on the effectiveness of the program.
30b. In coordinating and reviewing the program, the department
31of workforce development shall give due regard shall be given
32 to the confidentiality of certain information provided by the
33community colleges, and the authority shall comply with the
34provisions of section 15.118 to the extent that such provisions
35are applicable to the new jobs training program.
-1247- 13. The authority department of workforce development
2 is authorized to make any rule that is adopted, amended,
3or repealed effective immediately upon filing with the
4administrative rules coordinator or at a subsequent stated date
5prior to indexing and publication, or at a stated date less
6than thirty-five days after filing, indexing, and publication.
7 Sec. 2208. Section 403.21, subsections 2 and 3, Code 2023,
8are amended to read as follows:
92. The community college shall send a copy of the final
10agreement prepared pursuant to section 260E.3 to the economic
11development authority department of workforce development.
12For each year in which incremental property taxes are used to
13pay job training certificates issued for a project creating
14new jobs, the community college shall provide to the economic
15development authority department of workforce development
16 a report of the incremental property taxes and new jobs
17credits from withholding generated for that year, a specific
18description of the training conducted, the number of employees
19provided program services under the project, the median
20wage of employees in the new jobs in the project, and the
21administrative costs directly attributable to the project.
223. For each year in which incremental property taxes are
23used to retire debt service on a jobs training advance issued
24for a project creating new jobs, the community college shall
25provide to the economic development authority department of
26workforce development a report of the incremental property
27taxes and new jobs credits from withholding generated for that
28year, a specific description of the training conducted, the
29number of employees provided services under the project, the
30median wage of employees in the new jobs in the project, and
31the administrative costs directly attributable to the project.
32 Sec. 2209. Section 422.16A, Code 2023, is amended to read
33as follows:
34422.16A Job training withholding — certification and
35transfer.
-1248- 1Upon the completion by a business of its repayment
2obligation for a training project funded under chapter 260E,
3including a job training project funded under section 15A.8
4or repaid in whole or in part by the supplemental new jobs
5credit from withholding under section 15A.7 or section 15E.197,
6Code 2014, the sponsoring community college shall report to
7the economic development authority department of workforce
8development the amount of withholding paid by the business
9to the community college during the final twelve months of
10withholding payments. The economic development authority
11 department of workforce development shall notify the department
12of revenue of that amount. The department of revenue shall
13credit to the workforce development fund account established in
14section 15.342A twenty-five percent of that amount each quarter
15for a period of ten years. If the amount of withholding from
16the business or employer is insufficient, the department of
17revenue shall prorate the quarterly amount credited to the
18workforce development fund account. The maximum amount from
19all employers which shall be transferred to the workforce
20development fund account in any year is seven million seven
21hundred fifty thousand dollars.
22 Sec. 2210. CODE EDITOR DIRECTIVE.
231. The Code editor is directed to make the following
24transfers:
25a. Section 15A.7 to section 260J.1.
26b. Section 15A.8 to section 260J.2.
272. The Code editor shall correct internal references in the
28Code and in any enacted legislation as necessary due to the
29enactment of this section.
30JOB TRAINING
31 Sec. 2211. Section 260F.2, subsection 2, Code 2023, is
32amended by striking the subsection.
33 Sec. 2212. Section 260F.2, subsections 4, 5, and 11, Code
342023, are amended to read as follows:
354. “Date of commencement of the project” means the date
-1249-1of the preliminary agreement or the date an application for
2assistance is received by the authority department.
35. “Eligible business” or “business” means a business
4training employees which is engaged in interstate or intrastate
5commerce for the purpose of manufacturing, processing, or
6assembling products, conducting research and development, or
7providing services in interstate commerce, but excludes retail,
8health, or professional services and which meets the other
9criteria established by the authority department. “Eligible
10business” does not include a business whose training costs can
11be economically funded under chapter 260E, a business which
12closes or substantially reduces its employment base in order
13to relocate substantially the same operation to another area
14of the state, or a business which is involved in a strike,
15lockout, or other labor dispute in Iowa.
1611. “Project” means a training arrangement which is the
17subject of an agreement entered into between the community
18college and a business to provide program services. “Project”
19also means a training arrangement which is sponsored by the
20authority department and administered under sections 260F.6A
21and 260F.6B.
22 Sec. 2213. Section 260F.2, Code 2023, is amended by adding
23the following new subsection:
24 NEW SUBSECTION. 4A. “Department” means the department of
25workforce development.
26 Sec. 2214. Section 260F.3, subsection 5, Code 2023, is
27amended to read as follows:
285. Other criteria established by the department of
29education.
30 Sec. 2215. Section 260F.6, subsections 1 and 2, Code 2023,
31are amended to read as follows:
321. There is established for the community colleges a job
33training fund in the economic development authority department
34of workforce development in the workforce development fund
35established in section 15.342A. The job training fund consists
-1250-1of moneys appropriated for the purposes of this chapter plus
2the interest and principal from repayment of advances made to
3businesses for program costs, plus the repayments, including
4interest, of loans made from that retraining fund, and interest
5earned from moneys in the job training fund.
62. To provide funds for the present payment of the costs
7of a training program by the business, the community college
8may provide to the business an advance of the moneys to be used
9to pay for the program costs as provided in the agreement.
10To receive the funds for this advance from the job training
11fund established in subsection 1, the community college shall
12submit an application to the authority department. The amount
13of the advance shall not exceed fifty thousand dollars for
14any business site, or one hundred thousand dollars within
15a three-fiscal-year period for any business site. If the
16project involves a consortium of businesses, the maximum award
17per project shall not exceed one hundred thousand dollars.
18Participation in a consortium does not affect a business
19site’s eligibility for individual project assistance. Prior
20to approval a business shall agree to match program amounts
21in accordance with criteria established by the authority
22 department.
23 Sec. 2216. Section 260F.6A, Code 2023, is amended to read
24as follows:
25260F.6A Business network training projects.
26The community colleges and the authority department are
27authorized to fund business network training projects which
28include five or more businesses and are located in two or more
29community college districts. A business network training
30project must have a designated organization or lead business
31to serve as the administrative entity that will coordinate the
32training program. The businesses must have common training
33needs and develop a plan to meet those needs. The authority
34 department shall adopt rules governing this section’s operation
35and participant eligibility.
-1251-1 Sec. 2217. Section 260F.6B, Code 2023, is amended to read
2as follows:
3260F.6B High technology apprenticeship program.
4The community colleges and the authority department
5 are authorized to fund high technology apprenticeship
6programs which comply with the requirements specified in
7section 260C.44 and which may include both new and statewide
8apprenticeship programs. Notwithstanding the provisions
9of section 260F.6, subsection 2, relating to maximum award
10amounts, moneys allocated to the community colleges with high
11technology apprenticeship programs shall be distributed to the
12community colleges based upon contact hours under the programs
13administered during the prior fiscal year as determined by
14the department of education. The authority department shall
15adopt rules governing this section’s operation and participant
16eligibility.
17 Sec. 2218. Section 260F.7, Code 2023, is amended to read as
18follows:
19260F.7 Authority to coordinate Coordination — department of
20workforce development.
21The authority department, in consultation with the
22department of education and the department of workforce
23development, shall coordinate the jobs training program. A
24project shall not be funded under this chapter unless the
25authority department approves the project. The authority
26 department shall adopt rules pursuant to chapter 17A governing
27the program’s operation and eligibility for participation in
28the program. The authority department shall establish by rule
29criteria for determining what constitutes an eligible business.
30 Sec. 2219. Section 260F.8, subsection 1, Code 2023, is
31amended to read as follows:
321. For each fiscal year, the authority department shall
33make funds available to the community colleges. The authority
34 department shall allocate by formula from the moneys in
35the fund an amount for each community college to be used to
-1252-1provide the financial assistance for proposals of businesses
2whose applications have been approved by the authority
3 department. The financial assistance shall be provided by
4the authority department from the amount set aside for that
5community college. If any portion of the moneys set aside for
6a community college have not been used or committed by May
71 of the fiscal year, that portion is available for use by
8the authority department to provide financial assistance to
9businesses applying to other community colleges. The authority
10 department shall adopt by rule a formula for this set-aside.
11 Sec. 2220. TRANSITION PROVISIONS.
121. A project that is entered into by a community college
13and a business under section 260F.3 prior to the effective
14date of this division of this Act shall be valid and continue
15as provided in the terms of the agreement and shall be
16administered by the department of workforce development.
172. A project sponsored by and administered under section
18260F.6A or 260F.6B by the economic development authority prior
19to the effective date of this division of this Act shall be
20valid and continue as provided by the terms of the training
21arrangement and shall be administered by the department of
22workforce development.
23WORKFORCE DEVELOPMENT FUND PROGRAM
24 Sec. 2221. Section 15.108, subsection 6, Code 2023, is
25amended by striking the subsection.
26 Sec. 2222. Section 15.341, Code 2023, is amended to read as
27follows:
2815.341 Workforce development fund program.
29This part chapter shall be known as the “Workforce
30Development Fund” program.
31 Sec. 2223. Section 15.342, Code 2023, is amended to read as
32follows:
3315.342 Purpose.
34The purpose of this part chapter shall be to provide a
35mechanism for funding workforce development programs listed in
-1253-1section 15.343, subsection 2, in order to more efficiently meet
2the needs identified within those individual programs.
3 Sec. 2224. Section 15.342A, Code 2023, is amended to read
4as follows:
515.342A Workforce development fund account.
61. A workforce development fund account is established in
7the office of the treasurer of state under the control of the
8authority department of workforce development. The account
9shall receive funds pursuant to section 422.16A.
102. For the fiscal year beginning July 1, 2014 2023,
11and for each fiscal year thereafter, there is annually
12appropriated from the workforce development fund account to the
13apprenticeship training program fund created in section 15B.3
14three million dollars for the purposes of chapter 15B.
153. For the fiscal year beginning July 1, 2014 2023, and for
16each fiscal year thereafter, there is annually appropriated
17from the workforce development fund account to the job training
18fund created in section 260F.6 four million seven hundred fifty
19thousand dollars for the purposes of chapter 260F.
20 Sec. 2225. Section 15.343, subsections 1 and 2, Code 2023,
21are amended to read as follows:
221. a. A workforce development fund is created as a
23revolving fund in the state treasury under the control of the
24authority department of workforce development consisting of any
25moneys appropriated by the general assembly for that purpose
26and any other moneys available to and obtained or accepted by
27the authority department of workforce development from the
28federal government or private sources for placement in the
29fund. The fund shall also include moneys appropriated to the
30fund from the workforce development fund account established
31in section 15.342A.
32b. Notwithstanding section 8.33, moneys in the workforce
33development fund at the end of each fiscal year shall not
34revert to any other fund but shall remain in the workforce
35development fund for expenditure for subsequent fiscal years.
-1254- 12. The assets of the fund shall be used by the authority
2 department of workforce development for the following programs
3and purposes:
4a. Projects under chapter 260F. The authority department of
5workforce development shall require a match from all businesses
6participating in a training project under chapter 260F.
7b. Apprenticeship programs under section 260C.44, including
8new or statewide building trades apprenticeship programs.
9c. To cover the costs of the administration of workforce
10development programs and services available through the
11authority. A portion of these funds may be used to To support
12efforts by the community colleges to provide workforce services
13to Iowa employers.
14 Sec. 2226. Section 15.344, Code 2023, is amended to read as
15follows:
1615.344 Common system — assessment and tracking.
17The authority department of workforce development shall use
18information from the customer tracking system administered by
19the department of workforce development under section 84A.5 to
20determine the economic impact of the programs. To the extent
21possible, the authority department shall track individuals and
22businesses who have received assistance or services through
23the fund to determine whether the assistance or services have
24resulted in increased wages paid to the individuals or paid by
25the businesses.
26 Sec. 2227. CODE EDITOR DIRECTIVE.
271. The Code editor is directed to make the following
28transfers:
29a. Section 15.341 to section 84F.1.
30b. Section 15.342 to section 84F.2.
31c. Section 15.342A to section 84F.3.
32d. Section 15.343 to section 84F.4.
33e. Section 15.344 to section 84F.5.
342. The Code editor shall correct internal references in the
35Code and in any enacted legislation as necessary due to the
-1255-1enactment of this section.
2ACCELERATED CAREER EDUCATION PROGRAM
3 Sec. 2228. Section 260G.3, subsection 2, unnumbered
4paragraph 1, Code 2023, is amended to read as follows:
5An agreement may include reasonable and necessary provisions
6to implement the accelerated career education program. If
7an agreement is entered into, the community college and the
8employer shall notify the department of revenue as soon as
9possible. The community college shall also file a copy of the
10agreement with the economic development authority department
11of workforce development as required in section 260G.4B. The
12agreement shall provide for program costs, including deferred
13costs, which may be paid from any of the following sources:
14 Sec. 2229. Section 260G.4B, Code 2023, is amended to read
15as follows:
16260G.4B Maximum statewide program job credit.
171. The total amount of program job credits from all
18employers which shall be allocated for all accelerated career
19education programs in the state in any one fiscal year shall
20not exceed five million four hundred thousand dollars. A
21community college shall file a copy of each agreement with
22the economic development authority department of workforce
23development. The authority department of workforce development
24 shall maintain an annual record of the proposed program job
25credits under each agreement for each fiscal year. Upon
26receiving a copy of an agreement, the authority department of
27workforce development shall allocate any available amount of
28program job credits to the community college according to the
29agreement sufficient for the fiscal year and for the term of
30the agreement. When the total available program job credits
31are allocated for a fiscal year, the authority department of
32workforce development shall notify all community colleges that
33the maximum amount has been allocated and that further program
34job credits will not be available for the remainder of the
35fiscal year. Once program job credits have been allocated to
-1256-1a community college, the full allocation shall be received by
2the community college throughout the fiscal year and for the
3term of the agreement even if the statewide program job credit
4maximum amount is subsequently allocated and used.
52. For the fiscal years beginning July 1, 2000, and
6July 1, 2001, the department of economic development shall
7allocate eighty thousand dollars of the first one million two
8hundred thousand dollars of program job credits authorized and
9available for that fiscal year to each community college. This
10allocation shall be used by each community college to provide
11funding for approved programs. For the fiscal year beginning
12July 1, 2002 2023, and for every fiscal year thereafter,
13the economic development authority department of workforce
14development shall divide equally among the community colleges
15thirty percent of the program job credits available for that
16fiscal year for allocation to each community college to be used
17to provide funding for approved programs. If any portion of
18the allocation to a community college under this subsection
19has not been committed by April 1 of the fiscal year for which
20the allocation is made, the uncommitted portion is available
21for use by other community colleges. Once a community college
22has committed its allocation for any fiscal year under this
23subsection, the community college may receive additional
24program job credit allocations from those program job credits
25authorized and still available for that fiscal year.
26 Sec. 2230. Section 260G.4C, Code 2023, is amended to read
27as follows:
28260G.4C Facilitator Administration and reporting.
29The economic development authority department of workforce
30development shall administer the statewide allocations of
31program job credits to accelerated career education programs.
32The authority department of workforce development shall provide
33information about the accelerated career education programs in
34accordance with its annual reporting requirements in section
3515.107B to the general assembly annually on or before March 15.
-1257-1 Sec. 2231. Section 260G.6, subsection 1, Code 2023, is
2amended to read as follows:
31. An accelerated career education fund is established
4in the state treasury under the control of the department of
5workforce development consisting of moneys appropriated to the
6fund for purposes of funding the cost of accelerated career
7education program capital projects.
8 Sec. 2232. TRANSITION PROVISIONS.
91. On the effective date of this division of this Act,
10all unencumbered and unobligated moneys remaining in the
11accelerated career education fund established in section 260G.6
12shall be under the control of the department of workforce
13development.
142. a. All agreements entered into by a community college
15under section 260G.3 prior to the effective date of this
16division of this Act shall be valid and continue as provided
17in the terms of the agreement.
18b. Job credits shall be honored per an agreement entered
19into under paragraph “a” that includes a provision for program
20job credits.
21OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM
22 Sec. 2233. Section 231.23A, subsection 2, Code 2023, is
23amended by striking the subsection.
24 Sec. 2234. Section 231.51, Code 2023, is amended to read as
25follows:
26231.51 Older American community service employment program.
271. The department of workforce development shall direct
28and administer the older American community service employment
29program as authorized by the federal Act in coordination with
30the department of workforce development Older Americans Act of
311965, 42 U.S.C. §3001 et seq., as amended.
322. The purpose of the program is to foster individual
33economic self-sufficiency and to increase the number of
34participants placed in unsubsidized employment in the public
35and private sectors while maintaining the community service
-1258-1focus of the program.
23. Funds appropriated to the department of workforce
3development from the United States department of labor shall
4be distributed to subgrantees in accordance with federal
5requirements.
64. The department of workforce development shall require
7such uniform reporting and financial accounting by subgrantees
8as may be necessary to fulfill the purposes of this section.
95. The older American community service employment program
10shall be coordinated with the federal Workforce Innovation and
11Opportunity Act administered by the department of workforce
12development.
13 Sec. 2235. REPEAL. Section 231.53, Code 2023, is repealed.
14 Sec. 2236. CODE EDITOR DIRECTIVE.
151. The Code editor is directed to make the following
16transfer:
17Section 231.51 to section 84A.17.
182. The Code editor shall correct internal references in the
19Code and in any enacted legislation as necessary due to the
20enactment of this section.
21 Sec. 2237. TRANSITION PROVISIONS. On the effective date
22of this division of this Act, all unencumbered and unobligated
23moneys remaining in any account or fund under the control of
24the department on aging and relating to this division of this
25Act shall be transferred to a comparable fund or account under
26the control of the department of workforce development for
27purposes of this division of this Act. Notwithstanding section
288.33, the moneys transferred in accordance with this subsection
29shall not revert to the account or fund from which the moneys
30are appropriated or transferred.
31VOCATIONAL REHABILITATION
32 Sec. 2238. Section 19B.2, subsection 2, Code 2023, is
33amended to read as follows:
342. It is the policy of this state to permit special
35appointments by bypassing the usual testing procedures for any
-1259-1applicant for whom the division of vocational rehabilitation
2services of the department of education workforce development
3 or the department for the blind has certified the applicant’s
4disability and competence to perform the job. The department
5of administrative services, in cooperation with the department
6for the blind and the division of vocational rehabilitation
7services, shall develop appropriate certification procedures.
8This subsection should not be interpreted to bar promotional
9opportunities for persons who are blind or persons with
10physical or mental disabilities. If this subsection conflicts
11with any other provisions of this chapter, the provisions of
12this subsection govern.
13 Sec. 2239. Section 84A.1, subsection 4, Code 2023, is
14amended to read as follows:
154. The department of workforce development shall include
16the division of labor services, the division of workers’
17compensation, vocational rehabilitation services, and other
18divisions as appropriate.
19 Sec. 2240. Section 84A.1A, subsection 1, paragraph a,
20subparagraph (7), Code 2023, is amended to read as follows:
21(7) The administrator of the division of Iowa vocational
22rehabilitation services of the department of education
23 workforce development or the administrator’s designee.
24 Sec. 2241. Section 84A.4, subsection 2, paragraph b,
25subparagraph (4), subparagraph division (a), subparagraph
26subdivision (iii), Code 2023, is amended to read as follows:
27(iii) The members shall include at least one appropriate
28representative of the programs carried out under Tit.I of
29the federal Rehabilitation Act of 1973, as codified at 29
30U.S.C.§720 et seq., relating to vocational rehabilitation
31services, excluding 29 U.S.C.§732 and 741, serving the local
32workforce development area and nominated by the administrator
33of the division of vocational rehabilitation services of the
34department of education workforce development or director of
35the department for the blind, as appropriate.
-1260-1 Sec. 2242. Section 85.70, subsection 1, Code 2023, is
2amended to read as follows:
31. An employee who has sustained an injury resulting
4in permanent partial or permanent total disability, for
5which compensation is payable under this chapter other than
6an injury to the shoulder compensable pursuant to section
785.34, subsection 2, paragraph “n”, and who cannot return
8to gainful employment because of such disability, shall upon
9application to and approval by the workers’ compensation
10commissioner be entitled to a one hundred dollar weekly
11payment from the employer in addition to any other benefit
12payments, during each full week in which the employee is
13actively participating in a vocational rehabilitation program
14recognized by the vocational rehabilitation services division
15of the department of education workforce development. The
16workers’ compensation commissioner’s approval of such
17application for payment may be given only after a careful
18evaluation of available facts, and after consultation with the
19employer or the employer’s representative. Judicial review
20of the decision of the workers’ compensation commissioner
21may be obtained in accordance with the terms of the Iowa
22administrative procedure Act, chapter 17A, and in section
2386.26. Such additional benefit payment shall be paid for a
24period not to exceed thirteen consecutive weeks except that
25the workers’ compensation commissioner may extend the period
26of payment not to exceed an additional thirteen weeks if the
27circumstances indicate that a continuation of training will in
28fact accomplish rehabilitation.
29 Sec. 2243. Section 256.1, subsection 1, paragraph d, Code
302023, is amended by striking the paragraph.
31 Sec. 2244. Section 256.35A, subsection 2, paragraph b, Code
322023, is amended to read as follows:
33b. In addition, representatives of the department of
34education workforce development, the division of vocational
35rehabilitation of the department of education workforce
-1261-1development, the department of public health, the department of
2human services, the Iowa developmental disabilities council,
3the division of insurance of the department of commerce, and
4the state board of regents shall serve as ex officio members
5of the advisory council. Ex officio members shall work
6together in a collaborative manner to serve as a resource to
7the advisory council. The council may also form workgroups
8as necessary to address specific issues within the technical
9purview of individual members.
10 Sec. 2245. Section 259.2, Code 2023, is amended to read as
11follows:
12259.2 Custodian of funds.
131. The treasurer of state is custodian of moneys received
14by the state from appropriations made by the Congress of the
15United States for the vocational rehabilitation of individuals
16with disabilities, and may receive and provide for the proper
17custody of the moneys and make disbursement of them the moneys
18 upon the requisition of the director of the department of
19education workforce development.
202. The treasurer of state is appointed custodian of moneys
21paid by the federal government to the state for the purpose of
22carrying out the agreement relative to making determinations
23of disability under Tit.II and Tit.XVI of the federal Social
24Security Act as amended, 42 U.S.C. ch.7, and may receive the
25moneys and make disbursements of them the moneys upon the
26requisition of the director of the department of education
27 workforce development.
28 Sec. 2246. Section 259.3, Code 2023, is amended to read as
29follows:
30259.3 Board and division Division of vocational
31rehabilitation services.
32The division of vocational rehabilitation services
33is established in the department of education workforce
34development. The director of the department of education
35 workforce development shall cooperate with the United States
-1262-1secretary of education in carrying out the federal law cited
2in sections 259.1 and 259.2 providing for the vocational
3rehabilitation of individuals with disabilities. The state
4board of education shall adopt rules under chapter 17A for the
5administration of this chapter.
6 Sec. 2247. Section 259.5, Code 2023, is amended to read as
7follows:
8259.5 Report to governor.
9The division of vocational rehabilitation services shall
10report biennially to the governor the condition of vocational
11rehabilitation within the state, designating the educational
12institutions, establishments, plants, factories, and other
13agencies in which training is being given, and include a
14detailed statement of expenditures of the state and federal
15funds in the rehabilitation of individuals with disabilities.
16 Sec. 2248. Section 259.6, Code 2023, is amended to read as
17follows:
18259.6 Gifts and donations.
19The division of vocational rehabilitation services may
20receive gifts and donations from either public or private
21sources offered unconditionally or under conditions related to
22the vocational rehabilitation of individuals with disabilities
23that are consistent with this chapter.
24 Sec. 2249. Section 259.7, Code 2023, is amended to read as
25follows:
26259.7 Fund.
27All the moneys received as gifts or donations shall be
28deposited in the state treasury and shall constitute a
29permanent fund to be called the special fund for the vocational
30rehabilitation of individuals with disabilities, to be used
31by the director of the department of education workforce
32development in carrying out the provisions of this chapter or
33for related purposes.
34 Sec. 2250. Section 259.8, Code 2023, is amended to read as
35follows:
-1263- 1259.8 Report of gifts.
2A full report of all gifts and donations offered and
3accepted, together with the names of the donors name of each
4donor and the respective amounts amount contributed by each
5donor, and all disbursements from the special fund for the
6vocational rehabilitation of individuals with disabilities
7 shall be submitted at call or biennially to the governor of the
8state by the division department of workforce development.
9 Sec. 2251. NEW SECTION. 259.10 Rules.
10The department of workforce development shall adopt rules
11under chapter 17A for the administration of this chapter.
12 Sec. 2252. CODE EDITOR DIRECTIVE.
131. The Code editor is directed to make the following
14transfers:
15a. Section 259.1 to section 84G.1.
16b. Section 259.2 to section 84G.2.
17c. Section 259.3 to section 84G.3.
18d. Section 259.4 to section 84G.4.
19e. Section 259.5 to section 84G.5.
20f. Section 259.6 to section 84G.6.
21g. Section 259.7 to section 84G.7.
22h. Section 259.8 to section 84G.8.
23i. Section 259.9 to section 84G.9.
24j. Section 259.10 to section 84G.10.
252. The Code editor shall correct internal references in the
26Code and in any enacted legislation as necessary due to the
27enactment of this section.
28 Sec. 2253. TRANSITION PROVISION. The agreement between the
29director of the department of education and the commissioner of
30the United States social security administration under section
31259.9 shall remain in full force and effect until amended,
32repealed, or supplemented by the United States social security
33administration or by the department of workforce development.
34APPRENTICESHIP TRAINING PROGRAM
35 Sec. 2254. Section 15.106A, subsection 2, paragraph a, Code
-1264-12023, is amended to read as follows:
2a. That through this section and section 15.106B, the
3authority has been granted broad general powers and specific
4program powers over all of the authority’s statutory programs,
5including but not limited to the programs created pursuant to
6chapters 15, 15A, 15B, 15C, 15E, and 15J.
7 Sec. 2255. Section 15B.2, subsection 5, Code 2023, is
8amended by striking the subsection.
9 Sec. 2256. Section 15B.2, Code 2023, is amended by adding
10the following new subsections:
11 NEW SUBSECTION. 6A. “Department” means the department of
12workforce development.
13 NEW SUBSECTION. 9A. “Targeted industries” means the
14industries of advanced manufacturing, biosciences, and
15information technology.
16 Sec. 2257. Section 15B.2, subsection 7, Code 2023, is
17amended to read as follows:
187. “Financial assistance” means assistance provided only
19from the funds, rights, and assets legally available to
20the authority department and includes but is not limited to
21assistance in the forms of grants, loans, forgivable loans, and
22royalty payments.
23 Sec. 2258. Section 15B.3, subsections 1, 2, 3, and 4, Code
242023, are amended to read as follows:
251. An apprenticeship training program fund is created as a
26revolving fund in the state treasury under the control of the
27authority department.
282. The fund shall consist of moneys appropriated for
29purposes of the apprenticeship training program, and any other
30moneys lawfully available to the authority department for
31purposes of this chapter.
323. Moneys in the fund are appropriated to the authority
33 department for the purposes of this chapter.
344. No more than two percent of the total moneys deposited
35in the fund on July 1 of a fiscal year is appropriated to the
-1265-1authority department for the purposes of administering this
2chapter.
3 Sec. 2259. Section 15B.3, subsection 6, Code 2023, is
4amended by striking the subsection.
5 Sec. 2260. Section 15B.4, subsection 1, paragraph a, Code
62023, is amended to read as follows:
7a. An apprenticeship sponsor or lead apprenticeship
8sponsor that conducts an apprenticeship program that is
9registered with the United States department of labor, office
10of apprenticeship, through Iowa, for apprentices who will
11be employed at worksites located in this state may apply to
12the authority department for financial assistance under this
13section if the apprenticeship program includes a minimum of one
14hundred contact hours per apprentice for each training year of
15the apprenticeship program.
16 Sec. 2261. Section 15B.4, subsection 2, unnumbered
17paragraph 1, Code 2023, is amended to read as follows:
18The authority department shall provide financial assistance
19in the form of training grants to eligible apprenticeship
20sponsors or lead apprenticeship sponsors in the following
21manner:
22 Sec. 2262. Section 15B.4, subsection 3, unnumbered
23paragraph 1, Code 2023, is amended to read as follows:
24An apprenticeship sponsor or lead apprenticeship sponsor
25seeking financial assistance under this section shall provide
26the following information to the authority department:
27 Sec. 2263. Section 15B.4, subsection 3, paragraph e, Code
282023, is amended to read as follows:
29e. Any other information the authority department reasonably
30determines is necessary.
31 Sec. 2264. Section 15B.4, subsection 4, Code 2023, is
32amended to read as follows:
334. The apprenticeship sponsor or lead apprenticeship
34sponsor and the authority department shall enter into an
35agreement regarding the provision of any financial assistance
-1266-1to the apprenticeship sponsor or lead apprenticeship sponsor.
2 Sec. 2265. NEW SECTION. 15B.5 Rules.
3The department shall adopt rules to administer this chapter.
4 Sec. 2266. 2021 Iowa Acts, chapter 45, section 5, is amended
5to read as follows:
6SEC. 5. APPLICABILITY. This Act applies to financial
7assistance provided by the economic development authority to
8apprenticeship sponsors and lead apprenticeship sponsors that
9apply for financial assistance on or after July 1, 2021, and on
10or before June 30, 2023.
11 Sec. 2267. CODE EDITOR DIRECTIVE.
121. The Code editor is directed to make the following
13transfers:
14a. Section 15B.1 to section 84D.1.
15b. Section 15B.2 to section 84D.2.
16c. Section 15B.3 to section 84D.3.
17d. Section 15B.4 to section 84D.4.
18e. Section 15B.5 to section 84D.5.
192. The Code editor shall correct internal references in the
20Code and in any enacted legislation as necessary due to the
21enactment of this section.
22 Sec. 2268. TRANSITION PROVISION. All agreements entered
23into by an apprenticeship sponsor or lead apprenticeship
24sponsor and the economic development authority regarding the
25provision of any financial assistance to the apprenticeship
26sponsor or lead apprenticeship sponsor prior to the effective
27date of this division of this Act shall be valid and continue
28as provided in the terms of the agreement.
29FUTURE READY IOWA REGISTERED APPRENTICESHIP DEVELOPMENT PROGRAM
30 Sec. 2269. Section 15C.1, subsection 1, paragraph f, Code
312023, is amended by striking the paragraph and inserting in
32lieu thereof the following:
33f. “Department” means the department of workforce
34development.
35 Sec. 2270. Section 15C.1, subsection 1, paragraphs g and h,
-1267-1Code 2023, are amended to read as follows:
2g. “Eligible apprenticeable occupation” means an
3apprenticeable occupation identified by the workforce
4development board or a community college pursuant to section
584A.1B, subsection 14, as a high-demand job, after consultation
6with the authority.
7h. “Financial assistance” means assistance provided only
8from the funds, rights, and assets legally available to
9the authority department and includes but is not limited
10to assistance in the form of a reimbursement grant to
11support the costs associated with establishing a new
12eligible apprenticeable occupation or an additional eligible
13apprenticeable occupation in an applicant’s apprenticeship
14program.
15 Sec. 2271. Section 15C.1, subsection 2, Code 2023, is
16amended to read as follows:
172. Program created. Subject to an appropriation of funds
18by the general assembly for this purpose, a future ready Iowa
19registered apprenticeship development program is created
20which shall be administered by the authority department. The
21purpose of the program is to provide financial assistance to
22incentivize small and medium-sized apprenticeship sponsors to
23establish new or additional eligible apprenticeable occupations
24in the apprenticeship sponsor’s apprenticeship program in order
25to support the growth of apprenticeship programs and expand
26high-quality work-based learning experiences in high-demand
27fields and careers for persons who are employed in eligible
28apprenticeable occupations in Iowa.
29 Sec. 2272. Section 15C.1, subsection 3, unnumbered
30paragraph 1, Code 2023, is amended to read as follows:
31An apprenticeship sponsor may apply to the authority
32 department, on forms provided by the authority department and
33in accordance with the authority’s department’s instructions,
34to receive financial assistance under the program. The
35authority department shall provide upon request and on the
-1268-1authority’s department’s internet site information about the
2program, the application, application instructions, and the
3application period established each year for funding available
4under the program. The application shall include a description
5of how the financial assistance awarded under this section
6would be used to establish an apprenticeship program or add new
7or additional apprenticeable occupations to the apprenticeship
8sponsor’s apprenticeship program and the anticipated program
9expenses identified by the applicant.
10 Sec. 2273. Section 15C.1, subsection 3, paragraph a,
11subparagraphs (1) and (2), Code 2023, are amended to read as
12follows:
13(1) Twenty or fewer apprentices are registered in the
14existing apprenticeship program as of December 31 of the
15calendar year prior to the date the authority department
16 receives the apprenticeship sponsor’s application.
17(2) More than seventy percent of the applicant’s
18apprentices shall be are residents of Iowa, and the remainder
19of the applicant’s apprentices shall be are residents of states
20contiguous to Iowa. In determining the number of apprentices
21in an applicant’s apprenticeship program, the authority
22 department may calculate the average number of apprentices in
23the program within the most recent two-year period.
24 Sec. 2274. Section 15C.1, subsections 4 and 5, Code 2023,
25are amended to read as follows:
264. Rules. The authority department shall adopt rules
27pursuant to chapter 17A establishing a staff review and
28application approval process, application scoring criteria, the
29minimum score necessary for approval of financial assistance,
30procedures for notification of an award of financial
31assistance, the terms of agreement between the apprenticeship
32sponsor and the authority department, and any other rules
33deemed necessary for the implementation and administration of
34this section.
355. Agreement. Prior to distributing financial assistance
-1269-1under this section, the authority department shall enter
2into an agreement with the apprenticeship sponsor awarded
3financial assistance in accordance with this section, and the
4financial assistance recipient shall confirm the expenses for
5establishing the program or adding the additional occupations
6as identified in the approved application, and shall meet all
7terms established by the authority department for receipt of
8financial assistance under this section.
9 Sec. 2275. Section 15C.1, subsection 6, paragraph b, Code
102023, is amended to read as follows:
11b. Notwithstanding section 8.33, moneys appropriated to the
12authority department by the general assembly for purposes of
13this section that remain unencumbered or unobligated at the
14end of the fiscal year shall not revert to the general fund
15but shall remain available for expenditure for the purposes
16designated in subsequent fiscal years.
17 Sec. 2276. CODE EDITOR DIRECTIVE.
181. The Code editor is directed to make the following
19transfer:
20Section 15C.1 to section 84E.1.
212. The Code editor shall correct internal references in the
22Code and in any enacted legislation as necessary due to the
23enactment of this section, including references to chapter 15C.
24 Sec. 2277. TRANSITION PROVISION. All agreements entered
25into by an apprenticeship sponsor and the economic development
26authority under section 15C.1, subsection 5, prior to the
27effective date of this division of this Act shall be valid and
28continue as provided in the terms of the agreement.
29FUTURE READY IOWA EXPANDED REGISTERED APPRENTICESHIP
30OPPORTUNITIES PROGRAM
31 Sec. 2278. Section 15C.2, subsection 1, paragraph e, Code
322023, is amended by striking the paragraph and inserting in
33lieu thereof the following:
34e. “Department” means the department of workforce
35development.
-1270-1 Sec. 2279. Section 15C.2, subsection 1, paragraph h, Code
22023, is amended to read as follows:
3h. “Financial assistance” means assistance provided only
4from the funds, rights, and assets legally available to
5the authority department and includes but is not limited
6to assistance in the form of a reimbursement grant of one
7thousand dollars per apprentice in an eligible apprenticeable
8occupation.
9 Sec. 2280. Section 15C.2, subsection 2, Code 2023, is
10amended to read as follows:
112. Program created. Subject to an appropriation of funds
12by the general assembly for this purpose, a future ready Iowa
13expanded registered apprenticeship opportunities program
14is created which shall be administered by the authority
15 department. The purpose of the program is to provide
16financial assistance to encourage apprenticeship sponsors of
17apprenticeship programs with twenty or fewer apprentices to
18maintain apprenticeship programs in high-demand occupations.
19 Sec. 2281. Section 15C.2, subsection 3, unnumbered
20paragraph 1, Code 2023, is amended to read as follows:
21An eligible apprenticeship sponsor may apply to the
22authority department, on forms provided by the authority
23 department and in accordance with the authority’s department’s
24 instructions, to receive financial assistance under the
25program. The authority department shall provide upon request
26and on the authority’s department’s internet site information
27about the program, the application, application instructions,
28and the application period established each year for funding
29available under the program.
30 Sec. 2282. Section 15C.2, subsection 3, paragraph a,
31subparagraphs (1) and (2), Code 2023, are amended to read as
32follows:
33(1) Twenty or fewer apprentices are registered in the
34apprenticeship program as of December 31 of the calendar
35year prior to the date the authority department receives the
-1271-1eligible apprenticeship sponsor’s application.
2(2) More than seventy percent of the applicant’s
3apprentices are residents of Iowa, and the remainder of the
4applicant’s apprentices are residents of states contiguous
5to Iowa. In determining the number of apprentices in an
6applicant’s apprenticeship program, the authority department
7 may calculate the average number of apprentices in the program
8within the most recent two-year period.
9 Sec. 2283. Section 15C.2, subsections 4 and 5, Code 2023,
10are amended to read as follows:
114. Rules. The authority department shall adopt rules
12pursuant to chapter 17A establishing a staff review and
13application approval process, application scoring criteria, the
14minimum score necessary for approval of financial assistance,
15procedures for notification of an award of financial
16assistance, the terms of agreement between the apprenticeship
17sponsor and the authority department, and any other rules
18deemed necessary for the implementation and administration of
19this section.
205. Agreement. Prior to distributing financial assistance
21under this section, the authority department shall enter into
22an agreement with the eligible apprenticeship sponsor awarded
23financial assistance in accordance with this section, and
24the financial assistance recipient shall confirm the number
25of apprentices in eligible apprenticeable occupations as
26identified in the approved application, and shall meet all
27terms established by the authority department for receipt of
28financial assistance under this section.
29 Sec. 2284. Section 15C.2, subsection 7, paragraph b, Code
302023, is amended to read as follows:
31b. Notwithstanding section 8.33, moneys appropriated to the
32authority department by the general assembly for purposes of
33this section that remain unencumbered or unobligated at the
34end of the fiscal year shall not revert to the general fund
35but shall remain available for expenditure for the purposes
-1272-1designated in subsequent fiscal years.
2 Sec. 2285. CODE EDITOR DIRECTIVE.
31. The Code editor is directed to make the following
4transfer:
5Section 15C.2 to section 84E.2.
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, including references to chapter 15C.
9 Sec. 2286. TRANSITION PROVISION. All agreements entered
10into by an apprenticeship sponsor and the economic development
11authority under section 15C.2, subsection 5, regarding the
12provision of any financial assistance to the apprenticeship
13sponsor prior to the effective date of this division of this
14Act shall be valid and continue as provided in the terms of the
15agreement.
16EMPLOYMENT AGENCIES
17 Sec. 2287. Section 94A.1, subsection 2, Code 2023, is
18amended to read as follows:
192. “Commissioner” “Director” means the labor commissioner,
20appointed pursuant to section 91.2, director of the department
21of workforce development or the labor commissioner’s director’s
22 designee.
23 Sec. 2288. Section 94A.2, Code 2023, is amended to read as
24follows:
2594A.2 Licensing.
261. An employment agency shall obtain a license from the
27commissioner director prior to transacting any business.
28Licenses expire on June 30 of each year.
292. A license application shall be in the form prescribed by
30the commissioner director and shall be accompanied by all of
31the following:
32a. A surety company bond in the sum of thirty thousand
33dollars, to be approved by the commissioner director and
34conditioned to pay any damages that may accrue to any person
35due to a wrongful act or violation of law on the part of the
-1273-1applicant in the conduct of business.
2b. The schedule of fees to be charged by the employment
3agency.
4c. All contract forms to be signed by an employee.
5d. An application fee of seventy-five dollars.
63. The commissioner director shall grant or deny a license
7within thirty days from the filing date of a completed
8application.
94. The commissioner director may revoke, suspend, or annul a
10license in accordance with chapter 17A upon good cause pursuant
11to rules adopted by the director.
12 Sec. 2289. Section 94A.4, subsection 4, paragraph d, Code
132023, is amended to read as follows:
14d. Charge an employee any fee greater than the fee schedule
15on file with the commissioner director without prior consent
16of the commissioner director.
17 Sec. 2290. Section 94A.5, Code 2023, is amended to read as
18follows:
1994A.5 Powers and duties of the commissioner director.
201. At any time, the commissioner The director may examine
21the records, books, and any papers relating to the conduct and
22operation of an employment agency at any time.
232. The commissioner shall adopt rules pursuant to chapter
2417A to administer this chapter.
25 Sec. 2291. Section 94A.6, Code 2023, is amended to read as
26follows:
2794A.6 Violations.
281. A person who violates a provision of this chapter or who
29refuses the commissioner director access to records, books, and
30papers pursuant to an examination under section 94A.5 shall be
31guilty of a simple misdemeanor.
322. If a person violates a provision of this chapter or
33refuses the commissioner director access to records, books,
34and papers pursuant to an examination under section 94A.5, the
35commissioner director shall assess a civil penalty against the
-1274-1person in an amount not greater than two thousand dollars.
2 Sec. 2292. NEW SECTION. 94A.7 Rules.
31. The director shall adopt rules pursuant to chapter 17A to
4administer this chapter.
52. The director may establish rules pursuant to chapter
617A to assess and collect interest on fees and penalties owed
7to the department of workforce development. The director may
8delay or, following written notice, deny the issuance of a
9license, if the applicant for the license owes a debt to the
10department of workforce development.
11 Sec. 2293. CODE EDITOR DIRECTIVE.
121. The Code editor is directed to make the following
13transfers:
14a. Section 94A.1 to section 84H.1.
15b. Section 94A.2 to section 84H.2.
16c. Section 94A.3 to section 84H.3.
17d. Section 94A.4 to section 84H.4.
18e. Section 94A.5 to section 84H.5.
19f. Section 94A.6 to section 84H.6.
20g. Section 94A.7 to section 84H.7.
212. The Code editor shall correct internal references in the
22Code and in any enacted legislation as necessary due to the
23enactment of this section.
24REPORTS AND RECORDS
25 Sec. 2294. Section 91.12, Code 2023, is amended to read as
26follows:
2791.12 Reports and records to division of labor services.
281. An owner, operator, or manager of every factory,
29mill, workshop, mine, store, railway, business house, public
30or private work, or any other establishment where labor is
31employed, shall submit to the division of labor services
32 department of workforce development reports in the form
33and manner prescribed by the commissioner director of the
34department of workforce development by rule, for the purpose of
35compiling labor statistics. The owner, operator, or business
-1275-1manager shall submit the reports within sixty days from receipt
2of notice, and shall certify under oath the accuracy of the
3reports. For purposes of this section, “factory”, “mill”,
4“workshop”, “mine”, “store”, “railway”, “business house”, and
5“public or private work” shall mean any factory, mill, workshop,
6mine, store, railway, business house, or public or private work
7where wage earners are employed for compensation.
82. Notwithstanding chapter 22, records containing submitted
9under subsection 1 that contain identifiable financial
10institution or credit card account numbers obtained by the
11commissioner shall be kept confidential.
123. a. Any officer or employee of the department of
13workforce development who makes unlawful use of a report
14submitted under subsection 1 shall be guilty of a serious
15misdemeanor.
16b. Any person who has access to a report submitted under
17subsection 1 who makes unlawful use of the report shall be
18guilty of a serious misdemeanor.
19c. Any owner, operator, or manager of a factory, mill,
20workshop, mine, store, railway, business house, or public or
21private work who fails to submit the report required under
22subsection 1 shall be guilty of a simple misdemeanor.
234. The director of the department of workforce development
24shall adopt rules pursuant to chapter 17A to administer this
25section.
26 Sec. 2295. CODE EDITOR DIRECTIVE.
271. The Code editor is directed to make the following
28transfer:
29Section 91.12 to section 84A.18.
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.
33ADULT EDUCATION
34 Sec. 2296. NEW SECTION. 84A.19 Adult education and literacy
35programs.
-1276- 11. For purposes of this section, unless the context
2otherwise requires:
3a. “Adult education and literacy programs” means adult basic
4education, adult education leading to a high school equivalency
5diploma under chapter 259A, English as a second language
6instruction, and workplace and family literacy instruction.
7b. “Community colleges” means the same as defined in section
8260C.2.
92. The department of workforce development and community
10colleges shall jointly implement adult education and literacy
11programs to assist adults and youths sixteen years of age and
12older who are not in school in obtaining the knowledge and
13skills necessary for further education, work, and community
14involvement.
153. The department of workforce development, in consultation
16with community colleges, shall prescribe standards for adult
17education and literacy programs including but not limited
18to contextualized and integrated instruction, assessments,
19instructor qualification and professional development, data
20collection and reporting, and performance benchmarks.
214. The department of workforce development, in consultation
22with community colleges, shall adopt rules pursuant to chapter
2317A to administer this section.
24 Sec. 2297. Section 260C.50, Code 2023, is amended to read
25as follows:
26260C.50 Adult education and literacy programs.
271. For purposes of this section, “adult education and
28literacy programs” means adult basic education, adult education
29leading to a high school equivalency diploma under chapter
30259A, English as a second language instruction, workplace and
31family literacy instruction, or integrated basic education and
32technical skills instruction.
332. The department and the community colleges shall jointly
34implement adult education and literacy programs to assist
35adults and youths sixteen years of age and older who are not
-1277-1in school in obtaining the knowledge and skills necessary for
2further education, work, and community involvement.
33. The state board, in consultation with the community
4colleges, shall prescribe standards for adult education and
5literacy programs including but not limited to contextualized
6and integrated instruction, assessments, instructor
7qualification and professional development, data collection and
8reporting, and performance benchmarks.
94. The state board, in consultation with the community
10colleges, shall adopt rules pursuant to chapter 17A to
11administer this section.
12DIVISION XII
13DEPARTMENT OF REVENUE
14IOWA LOTTERY
15 Sec. 2298. Section 7E.6, subsection 3, Code 2023, is amended
16to read as follows:
173. Any position of membership on the board of the Iowa
18lottery authority board created in section 99G.8 shall receive
19compensation of fifty dollars per day and expenses.
20 Sec. 2299. Section 68B.35, subsection 2, paragraph e, Code
212023, is amended to read as follows:
22e. Members of the state banking council, the Iowa ethics
23and campaign disclosure board, the credit union review board,
24the economic development authority, the employment appeal
25board, the environmental protection commission, the health
26facilities council, the Iowa finance authority, the Iowa public
27employees’ retirement system investment board, the board of
28the Iowa lottery authority board created in section 99G.8, the
29natural resource commission, the board of parole, the petroleum
30underground storage tank fund board, the public employment
31relations board, the state racing and gaming commission, the
32state board of regents, the transportation commission, the
33office of consumer advocate, the utilities board, the Iowa
34telecommunications and technology commission, and any full-time
35members of other boards and commissions as defined under
-1278-1section 7E.4 who receive an annual salary for their service
2on the board or commission. The Iowa ethics and campaign
3disclosure board shall conduct an annual review to determine
4if members of any other board, commission, or authority should
5file a statement and shall require the filing of a statement
6pursuant to rules adopted pursuant to chapter 17A.
7 Sec. 2300. Section 99B.1, subsection 22, Code 2023, is
8amended to read as follows:
922. “Merchandise” means goods or services that are bought
10and sold in the regular course of business. “Merchandise”
11includes lottery tickets or shares sold or authorized under
12chapter 99G. The value of the lottery ticket or share is the
13price of the lottery ticket or share as established by the Iowa
14lottery authority department of revenue pursuant to chapter
1599G. “Merchandise” includes a gift card if the gift card is not
16redeemable for cash.
17 Sec. 2301. Section 99G.1, Code 2023, is amended to read as
18follows:
1999G.1 Title.
20This chapter may be cited as the “Iowa Lottery Authority
21 Act”.
22 Sec. 2302. Section 99G.2, subsection 2, Code 2023, is
23amended by striking the subsection.
24 Sec. 2303. Section 99G.3, subsections 2 and 4, Code 2023,
25are amended by striking the subsections.
26 Sec. 2304. Section 99G.3, Code 2023, is amended by adding
27the following new subsections:
28 NEW SUBSECTION. 1A. “Administrator” means the administrator
29of the Iowa lottery appointed pursuant to section 99G.5.
30 NEW SUBSECTION. 4A. “Department” means the department of
31revenue.
32 NEW SUBSECTION. 4B. “Director” means the director of the
33department of revenue or the director’s designee.
34 NEW SUBSECTION. 4C. “Division” means the Iowa lottery
35division of the department of revenue.
-1279-1 Sec. 2305. Section 99G.3, subsections 3, 7, 14, and 18, Code
22023, are amended to read as follows:
33. “Board” means the board of directors of the authority
4 Iowa lottery created in section 99G.8.
57. “Lottery”, “lotteries”, “lottery game”, “lottery games”,
6or “lottery products” means any game of chance approved by the
7board and operated pursuant to this chapter and games using
8mechanical or electronic devices, provided that the authority
9 division shall not authorize a monitor vending machine or a
10player-activated gaming machine that utilizes an internal
11randomizer to determine winning and nonwinning plays and that
12upon random internal selection of a winning play dispenses
13coins, currency, or a ticket, credit, or token to the player
14that is redeemable for cash or a prize, and excluding gambling
15or gaming conducted pursuant to chapter 99B, 99D, or 99F.
1614. “Retailer” means a person who sells lottery tickets
17or shares on behalf of the authority division pursuant to a
18license issued by the authority department.
1918. “Vendor” means a person who provides or proposes to
20provide goods or services to the authority department pursuant
21to a major procurement contract, but does not include an
22employee of the authority department under this chapter, a
23retailer, or a state agency or instrumentality thereof.
24 Sec. 2306. Section 99G.3, subsection 8, Code 2023, is
25amended by striking the subsection.
26 Sec. 2307. Section 99G.4, Code 2023, is amended to read as
27follows:
2899G.4 Iowa lottery authority created.
291. An Iowa lottery authority is created, effective
30September 1, 2003, which shall administer the state lotterybe
31administered by the division. The authority shall be deemed to
32be a public authority and an instrumentality of the state, and
33not a state agency. However, the authority shall be considered
34a state agency for purposes of chapters 17A, 21, 22, 28E, 68B,
3591B, 97B, 509A, and 669.
-1280- 12. The income and property of the authority department under
2this chapter shall be exempt from all state and local taxes,
3and the sale of lottery tickets and shares issued and sold by
4the authority division and its retail licensees shall be exempt
5from all state and local sales taxes.
6 Sec. 2308. Section 99G.5, Code 2023, is amended by striking
7the section and inserting in lieu thereof the following:
899G.5 Lottery administrator.
91. An administrator of the lottery under this chapter shall
10be appointed by the governor subject to confirmation by the
11senate and shall serve at the pleasure of the governor. The
12administrator shall be qualified by training and experience to
13manage a lottery.
142. The salary of the lottery administrator shall be set by
15the governor within the applicable salary range established by
16the general assembly.
173. The lottery administrator shall be an employee of the
18department and shall direct the day-to-day operations and
19management of the lottery under this chapter as specified by
20the director.
21 Sec. 2309. Section 99G.6, Code 2023, is amended to read as
22follows:
2399G.6 Power to administer oaths and take testimony —
24subpoena.
25The chief executive officer administrator or the chief
26executive officer’s administrator’s designee if authorized
27to conduct an inquiry, investigation, or hearing under
28this chapter may administer oaths and take testimony under
29oath relative to the matter of inquiry, investigation, or
30hearing. At a hearing ordered by the chief executive officer
31 administrator, the chief executive officer administrator or the
32designee may subpoena witnesses and require the production of
33records, paper, or documents pertinent to the hearing.
34 Sec. 2310. Section 99G.7, subsection 1, unnumbered
35paragraph 1, Code 2023, is amended to read as follows:
-1281- 1The chief executive officer of the authority administrator
2 shall direct and supervise all administrative and technical
3activities in accordance with the provisions of this
4chapter and with the administrative rules, policies, and
5procedures adopted by the board. The chief executive officer
6 administrator shall do all of the following:
7 Sec. 2311. Section 99G.7, subsection 1, paragraphs b and c,
8Code 2023, are amended by striking the paragraphs.
9 Sec. 2312. Section 99G.7, subsection 1, paragraphs d, e, f,
10g, and i, Code 2023, are amended to read as follows:
11d. Promote or provide for promotion of the lottery and any
12functions related to the authority division under this chapter.
13e. Prepare a budget for the approval of the board director
14for activities of the division under this chapter.
15f. Require bond from such retailers and vendors in such
16amounts as required by the board division.
17g. Report semiannually to the general assembly’s standing
18committees on government oversight regarding the operations of
19the authority division.
20i. Perform other duties generally associated with a chief
21executive officer of an authority of an entrepreneurial nature
22 as necessary to administer this chapter.
23 Sec. 2313. Section 99G.7, subsections 2, 3, and 4, Code
242023, are amended to read as follows:
252. The chief executive officer administrator shall conduct
26an ongoing study of the operation and administration of lottery
27laws similar to this chapter in other states or countries,
28of available literature on the subject, of federal laws and
29regulations which may affect the operation of the lottery
30and of the reaction of citizens of this state to existing
31or proposed features of lottery games with a view toward
32implementing improvements that will tend to serve the purposes
33of this chapter.
343. The chief executive officer director may for good cause
35suspend, revoke, or refuse to renew any contract entered into
-1282-1in accordance with the provisions of this chapter or the
2administrative rules, policies, and procedures of the board.
34. The chief executive officer or the chief executive
4officer’s designee administrator or the administrator’s
5designee may conduct hearings and administer oaths to persons
6for the purpose of assuring the security or integrity of
7lottery operations or to determine the qualifications of or
8compliance by vendors and retailers.
9 Sec. 2314. Section 99G.8, subsections 1, 4, 6, and 13, Code
102023, are amended to read as follows:
111. The authority shall be administered by a A board of
12directors comprised of five members appointed by the governor
13subject to confirmation by the senate is created within the
14department. Board members appointed when the senate is not
15in session shall serve only until the end of the next regular
16session of the general assembly, unless confirmed by the
17senate.
184. No officer or employee of the authority department shall
19be a member of the board.
206. A majority of members in office shall constitute a quorum
21for the transaction of any business and for the exercise of any
22power or function of the authority board.
2313. Board members shall not have any direct or indirect
24interest in an undertaking that puts their personal interest
25in conflict with that of the authority department under this
26chapter including but not limited to an interest in a major
27 procurement contract or a participating retailer.
28 Sec. 2315. Section 99G.8, subsection 15, Code 2023, is
29amended by striking the subsection.
30 Sec. 2316. Section 99G.9, unnumbered paragraph 1, Code
312023, is amended to read as follows:
32The board shall provide the chief executive officer director
33and the administrator with private-sector perspectives of a
34large marketing enterprise. The board shall do all of the
35following:
-1283-1 Sec. 2317. Section 99G.9, subsections 1 and 5, Code 2023,
2are amended by striking the subsections.
3 Sec. 2318. Section 99G.9, subsection 2, Code 2023, is
4amended to read as follows:
52. Approve, disapprove, amend, or modify the terms of major
6 lottery procurements recommended by the chief executive officer
7 administrator.
8 Sec. 2319. Section 99G.9, subsection 3, unnumbered
9paragraph 1, Code 2023, is amended to read as follows:
10Adopt policies and procedures and promulgate administrative
11rules pursuant to chapter 17A relating to the management and
12operation of the authority Iowa lottery. The administrative
13rules promulgated pursuant to this subsection may include but
14shall not be limited to the following:
15 Sec. 2320. Section 99G.9, subsection 3, paragraph c, Code
162023, is amended to read as follows:
17c. The number and amount of prizes, including but not
18limited to prizes of free tickets or shares in lottery games
19conducted by the authority division and merchandise prizes.
20The authority division shall maintain and make available for
21public inspection at its offices during regular business hours
22a detailed listing of the estimated number of prizes of each
23particular denomination that are expected to be awarded in
24any game that is on sale or the estimated odds of winning the
25prizes and, after the end of the claim period, shall maintain
26and make available a listing of the total number of tickets
27or shares sold in a game and the number of prizes of each
28denomination that were awarded.
29 Sec. 2321. Section 99G.9, subsection 3, paragraph j, Code
302023, is amended by striking the paragraph.
31 Sec. 2322. Section 99G.9, subsection 4, Code 2023, is
32amended to read as follows:
334. Adopt game specific rules. The promulgation of game
34specific rules shall not be subject to the requirements of
35chapter 17A. However, game specific rules shall be made
-1284-1available to the public prior to the time the games go on
2sale and shall be kept on file at the office of the authority
3 division.
4 Sec. 2323. Section 99G.10, Code 2023, is amended by striking
5the section and inserting in lieu thereof the following:
699G.10 Lottery personnel.
71. An employee of the division shall not have a financial
8interest in any vendor doing business or proposing to do
9business with the department under this chapter. However, an
10employee may own shares of a mutual fund which may hold shares
11of a vendor corporation provided the employee does not have the
12ability to influence the investment functions of the mutual
13fund.
142. An employee of the division with decision-making
15authority under this chapter shall not participate in any
16decision involving a retailer with whom the employee has a
17financial interest.
183. A background investigation shall be conducted by
19the department of public safety, division of criminal
20investigation, on each applicant who has reached the final
21selection process prior to employment by the department under
22this chapter. For positions not designated as sensitive by the
23department, the investigation may consist of a state criminal
24history background check, work history, and financial review.
25The department shall identify those sensitive positions of
26the division which require full background investigations,
27which positions shall include, at a minimum, any officer of
28the division, and any employee with operational management
29responsibilities, security duties, or system maintenance or
30programming responsibilities related to the division’s data
31processing or network hardware, software, communication, or
32related systems under this chapter. In addition to a work
33history and financial review, a full background investigation
34may include a national criminal history check through the
35federal bureau of investigation. The screening of employees
-1285-1through the federal bureau of investigation shall be conducted
2by submission of fingerprints through the state criminal
3history repository to the federal bureau of investigation. The
4results of background investigations conducted pursuant to this
5section shall not be considered public records under chapter
622.
74. A person who has been convicted of a felony or bookmaking
8or other form of illegal gambling or of a crime involving moral
9turpitude shall not be employed by the department under this
10chapter.
115. The department shall bond employees with access to Iowa
12lottery funds or lottery revenue under this chapter in such
13an amount as provided by the department and may bond other
14employees under this chapter as deemed necessary.
15 Sec. 2324. Section 99G.11, subsections 1, 2, and 3, Code
162023, are amended to read as follows:
171. A member of the board, any officer, or other employee
18of the authority division shall not directly or indirectly,
19individually, as a member of a partnership or other
20association, or as a shareholder, director, or officer of a
21corporation have an interest in a business that contracts for
22the operation or marketing of the lottery as authorized by this
23chapter, unless the business is controlled or operated by a
24consortium of lotteries in which the authority division has an
25interest.
262. Notwithstanding the provisions of chapter 68B, a
27person contracting or seeking to contract with the state to
28supply gaming equipment or materials for use in the operation
29of the lottery, an applicant for a license to sell tickets
30or shares in the lottery, or a retailer shall not offer a
31member of the board, any officer, or other employee of the
32authority division, or a member of their immediate family a
33gift, gratuity, or other thing having a value of more than the
34limits established in chapter 68B, other than food and beverage
35consumed at a meal. For purposes of this subsection, “member
-1286-1of their immediate family” means a spouse, child, stepchild,
2brother, brother-in-law, stepbrother, sister, sister-in-law,
3stepsister, parent, parent-in-law, or step-parent of the board
4member, the officer, or other employee who resides in the same
5household in the same principal residence of the board member,
6officer, or other employee.
73. If a board member, officer, or other employee of the
8authority division violates a provision of this section, the
9board member, officer, or employee shall be immediately removed
10from the office or position.
11 Sec. 2325. Section 99G.12, subsection 2, paragraphs a and b,
12Code 2023, are amended to read as follows:
13a. The self-service kiosk shall be owned or leased by the
14authority department.
15b. The self-service kiosk shall only be located in a retail
16location licensed by the authority division pursuant to this
17chapter. The authority division shall determine, in its sole
18discretion, the placement of the self-service kiosk.
19 Sec. 2326. Section 99G.21, subsections 1, 3, 4, and 5, Code
202023, are amended to read as follows:
211. Funds of the state shall not be used or obligated to pay
22the expenses or prizes of the authority department under this
23chapter.
243. Notwithstanding any other provision of law, any
25purchase of real property and any borrowing of more than one
26million dollars by the authority department for purposes of
27this chapter shall require written notice from the authority
28 department to the general assembly’s standing committees on
29government oversight and the prior approval of the executive
30council.
314. The powers enumerated in this section are cumulative of
32and in addition to those powers enumerated elsewhere in this
33chapter and no such powers limit or restrict any other powers
34of the authority department under this chapter.
355. Departments, boards, commissions, or other agencies of
-1287-1this state shall provide reasonable assistance and services to
2the authority department for purposes of this chapter upon the
3request of the chief executive officer director.
4 Sec. 2327. Section 99G.21, subsection 2, unnumbered
5paragraph 1, Code 2023, is amended to read as follows:
6The authority shall have any and all powers necessary
7or convenient to carry out and effectuate department, in
8carrying out the purposes and provisions of this chapter which
9are not in conflict with the Constitution of the State of
10Iowa, including, but without limiting the generality of the
11foregoing, shall have the following powers:
12 Sec. 2328. Section 99G.21, subsection 2, paragraphs h, i, l,
13p, and q, Code 2023, are amended by striking the paragraphs.
14 Sec. 2329. Section 99G.22, subsections 1, 3, 4, and 6, Code
152023, are amended to read as follows:
161. The authority department shall investigate the financial
17responsibility, security, and integrity of any lottery system
18vendor who is a finalist in submitting a bid, proposal, or
19offer as part of a major procurement contract. Before a major
20 procurement contract is awarded, the division of criminal
21investigation of the department of public safety shall conduct
22a background investigation of the vendor to whom the contract
23is to be awarded. The chief executive officer and board
24 administrator shall consult with the division of criminal
25investigation and shall provide for the scope of the background
26investigation and due diligence to be conducted in connection
27with major procurement contracts. At the time of submitting
28a bid, proposal, or offer to the authority department on a
29major procurement contract, the authority shall require that
30 each vendor shall be required to submit to the division of
31criminal investigation appropriate investigation authorization
32to facilitate this investigation, together with an advance
33of funds to meet the anticipated investigation costs. If
34the division of criminal investigation determines that
35additional funds are required to complete an investigation,
-1288-1the vendor will be so advised. The background investigation
2by the division of criminal investigation may include a
3national criminal history check through the federal bureau of
4investigation. The screening of vendors or their employees
5through the federal bureau of investigation shall be conducted
6by submission of fingerprints through the state criminal
7history repository to the federal bureau of investigation.
83. A major procurement contract shall not be entered into
9with any lottery system vendor who has not complied with
10the disclosure requirements described in this section, and
11any contract with such a vendor is voidable at the option
12of the authority. Any contract with a vendor that does not
13comply with the requirements for periodically updating such
14disclosures during the tenure of the contract as may be
15specified in such contract may be terminated by the authority.
16The provisions of this section shall be construed broadly
17and liberally to achieve the ends of full disclosure of
18all information necessary to allow for a full and complete
19evaluation by the authority department of the competence,
20integrity, background, and character of vendors for major
21 procurements.
224. A major procurement contract shall not be entered into
23with any vendor who has been found guilty of a felony related
24to the security or integrity of the lottery in this or any
25other jurisdiction.
266. If, based on the results of a background investigation,
27the board department determines that the best interests of
28the authority department, including but not limited to the
29authority’s department’s reputation for integrity, would be
30served thereby, the board department may disqualify a potential
31vendor from contracting with the authority department for a
32major procurement contract or from acting as a subcontractor in
33connection with a contract for a major procurement contract.
34 Sec. 2330. Section 99G.22, subsection 5, Code 2023, is
35amended by striking the subsection.
-1289-1 Sec. 2331. Section 99G.23, Code 2023, is amended to read as
2follows:
399G.23 Vendor bonding, and tax filing, and competitive
4bidding.
51. The authority may purchase, lease, or lease-purchase
6such goods or services as are necessary for effectuating the
7purposes of this chapter. The authority division may make
8procurements that integrate functions such as lottery game
9design, lottery ticket distribution to retailers, supply of
10goods and services, and advertising. In all procurement
11decisions under this chapter, the authority division shall
12take into account the particularly sensitive nature of the
13lottery and shall act to promote and ensure security, honesty,
14fairness, and integrity in the operation and administration
15of the lottery and the objectives of raising net proceeds for
16state programs.
172. Each vendor shall, at the execution of the contract
18with the authority division, post a performance bond or letter
19of credit from a bank or credit provider acceptable to the
20authority division in an amount as deemed necessary by the
21authority division for that particular bid or contract.
223. Each vendor shall be qualified to do business in this
23state and shall file appropriate tax returns as provided by the
24laws of this state.
254. All major procurement contracts must be competitively
26bid pursuant to policies and procedures approved by the board
27unless there is only one qualified vendor and that vendor has
28an exclusive right to offer the service or product.
29 Sec. 2332. Section 99G.24, Code 2023, is amended to read as
30follows:
3199G.24 Retailer compensation — licensing.
321. The general assembly recognizes that to conduct a
33successful lottery, the authority department must develop and
34maintain a statewide network of lottery retailers that will
35serve the public convenience and promote the sale of tickets
-1290-1or shares and the playing of lottery games while ensuring the
2integrity of the lottery operations, games, and activities.
32. The board shall determine the compensation to be paid
4to licensed retailers. Compensation may include provision
5for variable payments based on sales volume or incentive
6considerations.
73. The authority department shall issue a license
8certificate to each person with whom it contracts as a retailer
9for purposes of display as provided in this section. Every
10lottery retailer shall post its license certificate, or a
11facsimile thereof, and keep it conspicuously displayed in a
12location on the premises accessible to the public. No license
13shall be assignable or transferable. Once issued, a license
14shall remain in effect until canceled, suspended, or terminated
15by the authority department.
164. A licensee under this section shall cooperate with the
17authority department by using point-of-purchase materials,
18posters, and other marketing material when requested to do so
19by the authority department. Lack of cooperation is sufficient
20cause for revocation of a retailer’s license.
215. The board shall develop a list of objective criteria upon
22which the qualification of lottery retailers shall be based.
23Separate criteria shall be developed to govern the selection
24of retailers of instant tickets and on-line retailers. In
25developing these criteria, the board shall consider such
26factors as the applicant’s financial responsibility, security
27of the applicant’s place of business or activity, accessibility
28to the public, integrity, and reputation. The criteria shall
29include but not be limited to the volume of expected sales
30and the sufficiency of existing licensees to serve the public
31convenience.
326. The applicant shall be current in filing all applicable
33tax returns to the state of Iowa and in payment of all taxes,
34interest, and penalties owed to the state of Iowa, excluding
35items under formal appeal pursuant to applicable statutes. The
-1291-1department of revenue is authorized and directed to provide
2this information to the authority those employees of the
3division designated to receive this information.
47. A person, partnership, unincorporated association,
5authority, or other business entity shall not be selected as
6a lottery retailer if the person or entity meets any of the
7following conditions:
8a. Has been convicted of a criminal offense related to
9the security or integrity of the lottery in this or any other
10jurisdiction.
11b. Has been convicted of any illegal gambling activity,
12false statements, perjury, fraud, or a felony in this or any
13other jurisdiction.
14c. Has been found to have violated the provisions of
15this chapter or any regulation, policy, or procedure of
16the authority or of the lottery division unless either ten
17years have passed since the violation or the board finds the
18violation both minor and unintentional in nature.
19d. Is a vendor or any employee or agent of any vendor doing
20business with the authority department under this chapter or
21the division.
22e. Resides in the same household as an officer of the
23authority division.
24f. Is less than eighteen years of age.
25g. Does not demonstrate financial responsibility sufficient
26to adequately meet the requirements of the proposed enterprise.
27h. Has not demonstrated that the applicant is the true
28owner of the business proposed to be licensed and that all
29persons holding at least a ten percent ownership interest in
30the applicant’s business have been disclosed.
31i. Has knowingly made a false statement of material fact to
32the authority department.
338. Persons applying to become lottery retailers may be
34charged a uniform application fee for each lottery outlet.
359. Any lottery retailer contract executed pursuant to
-1292-1this section may, for good cause, be suspended, revoked, or
2terminated by the chief executive officer director or the
3chief executive officer’s director’s designee if the retailer
4is found to have violated any provision of this chapter
5or objective criteria established by the board. Cause for
6suspension, revocation, or termination may include, but is not
7limited to, sale of tickets or shares to a person under the
8age of twenty-one and failure to pay for lottery products in a
9timely manner.
10 Sec. 2333. Section 99G.25, Code 2023, is amended to read as
11follows:
1299G.25 License not assignable.
13Any lottery retailer license certificate or contract shall
14not be transferable or assignable. The authority department
15 may issue a temporary license when deemed in the best interests
16of the state. A lottery retailer shall not contract with any
17person for lottery goods or services, except with the approval
18of the board.
19 Sec. 2334. Section 99G.26, Code 2023, is amended to read as
20follows:
2199G.26 Retailer bonding.
22The authority department may require any retailer to post an
23appropriate bond, as determined by the authority department,
24using a cash bond or an insurance company acceptable to the
25authority department.
26 Sec. 2335. Section 99G.27, Code 2023, is amended to read as
27follows:
2899G.27 Lottery retail licenses — cancellation, suspension,
29revocation, or termination.
301. A lottery retail license issued by the authority
31 department pursuant to this chapter may be canceled, suspended,
32revoked, or terminated by the authority department for reasons
33including, but not limited to, any of the following:
34a. A violation of this chapter, a regulation, or a policy or
35procedure of the authority division.
-1293- 1b. Failure to accurately or timely account or pay for
2lottery products, lottery games, revenues, or prizes as
3required by the authority division.
4c. Commission of any fraud, deceit, or misrepresentation.
5d. Insufficient sales.
6e. Conduct prejudicial to public confidence in the lottery.
7f. The retailer filing for or being placed in bankruptcy or
8receivership.
9g. Any material change as determined in the sole discretion
10of the authority department in any matter considered by
11the authority department in executing the contract with the
12retailer.
13h. Failure to meet any of the objective criteria established
14by the authority division pursuant to this chapter.
15i. Other conduct likely to result in injury to the property,
16revenue, or reputation of the authority department under this
17chapter.
182. A lottery retailer license may be temporarily suspended
19by the authority department without prior notice if the
20chief executive officer director or designee determines that
21further sales by the licensed retailer are likely to result in
22immediate injury to the property, revenue, or reputation of the
23authority department.
243. The board shall adopt administrative rules governing
25appeals of lottery retailer licensing disputes.
26 Sec. 2336. Section 99G.28, Code 2023, is amended to read as
27follows:
2899G.28 Proceeds held in trust.
29All proceeds from the sale of the lottery tickets or shares
30shall constitute a trust fund until paid to the authority
31 division directly, through electronic funds transfer to the
32authority division, or through the authority’s division’s
33 authorized collection representative. A lottery retailer
34and officers of a lottery retailer’s business shall have a
35fiduciary duty to preserve and account for lottery proceeds and
-1294-1lottery retailers shall be personally liable for all proceeds.
2Proceeds shall include unsold products received but not paid
3for by a lottery retailer and cash proceeds of the sale of any
4lottery products net of allowable sales commissions and credit
5for lottery prizes paid to winners by lottery retailers. Sales
6proceeds of pull-tab tickets shall include the sales price
7of the lottery product net of allowable sales commission and
8prizes contained in the product. Sales proceeds and unused
9instant tickets shall be delivered to the authority division or
10its authorized collection representative upon demand.
11 Sec. 2337. Section 99G.29, Code 2023, is amended to read as
12follows:
1399G.29 Retailer rental calculations — lottery ticket sales
14treatment.
15If a lottery retailer’s rental payments for the business
16premises are contractually computed, in whole or in part, on
17the basis of a percentage of retail sales and such computation
18of retail sales is not explicitly defined to include sales
19of tickets or shares in a state-operated or state-managed
20lottery, only the compensation received by the lottery retailer
21from the authority department may be considered the amount of
22the lottery retail sale for purposes of computing the rental
23payment.
24 Sec. 2338. Section 99G.30, Code 2023, is amended to read as
25follows:
2699G.30 Ticket sales requirements — penalties.
271. Lottery tickets or shares may be distributed by the
28authority division for promotional purposes.
292. A ticket or share shall not be sold at a price other
30than that fixed by the authority division and a sale shall not
31be made other than by a retailer or an employee of the retailer
32who is authorized by the retailer to sell tickets or shares. A
33person who violates a provision of this subsection is guilty
34of a simple misdemeanor.
353. A ticket or share shall not be sold to a person who has
-1295-1not reached the age of twenty-one. Any person who knowingly
2sells a lottery ticket or share to a person under the age
3of twenty-one shall be guilty of a simple misdemeanor. It
4shall be an affirmative defense to a charge of a violation
5under this section that the retailer reasonably and in good
6faith relied upon presentation of proof of age in making the
7sale. A prize won by a person who has not reached the age
8of twenty-one but who purchases a winning ticket or share in
9violation of this subsection shall be forfeited. This section
10does not prohibit the lawful purchase of a ticket or share for
11the purpose of making a gift to a person who has not reached the
12age of twenty-one. The board shall adopt administrative rules
13governing the payment of prizes to persons who have not reached
14the age of twenty-one.
154. Except for the authority department, a retailer shall
16only sell lottery products on the licensed premises and not
17through the mail or by technological means except as the
18authority department may provide or authorize.
195. The retailer may accept payment by cash, check, money
20order, debit card, or electronic funds transfer. The retailer
21shall not extend or arrange credit for the purchase of a ticket
22or share. As used in this subsection, “cash” means United
23States currency.
246. Nothing in this chapter shall be construed to prohibit
25the authority department from designating certain of its
26agents and employees to sell or give lottery tickets or shares
27directly to the public.
287. No elected official’s name shall be printed on tickets.
29 Sec. 2339. Section 99G.31, subsections 1 and 2, Code 2023,
30are amended to read as follows:
311. The chief executive officer administrator shall award
32the designated prize to the holder of the ticket or share upon
33presentation of the winning ticket or confirmation of a winning
34share. The prize shall be given to only one person as provided
35in this section; however, a prize shall be divided between
-1296-1holders of winning tickets if there is more than one winning
2ticket.
32. The authority division shall only pay prizes for lottery
4tickets or shares that the authority department determines were
5legally purchased, legally possessed, and legally presented.
6 Sec. 2340. Section 99G.31, subsection 3, unnumbered
7paragraph 1, Code 2023, is amended to read as follows:
8The authority board shall adopt administrative rules,
9policies, and procedures to establish a system of verifying
10the validity of tickets or shares claimed to win prizes and
11to effect payment of such prizes, subject to the following
12requirements:
13 Sec. 2341. Section 99G.31, subsection 3, paragraphs b, d, f,
14g, h, and i, Code 2023, are amended to read as follows:
15b. A prize shall not be paid arising from claimed tickets
16that are stolen, counterfeit, altered, fraudulent, unissued,
17produced or issued in error, unreadable, not received, or
18not recorded by the authority division within applicable
19deadlines; lacking in captions that conform and agree with the
20play symbols as appropriate to the particular lottery game
21involved; or not in compliance with such additional specific
22administrative rules, policies, and public or confidential
23validation and security tests of the authority division
24 appropriate to the particular lottery game involved.
25d. Unclaimed prize money for the prize on a winning ticket
26or share shall be retained for a period deemed appropriate
27by the chief executive officer administrator, subject to
28approval by the board. If a valid claim is not made for the
29money within the applicable period, the unclaimed prize money
30shall be added to the pool from which future prizes are to be
31awarded or used for special prize promotions. Notwithstanding
32this subsection, the disposition of unclaimed prize money from
33multijurisdictional games shall be made in accordance with the
34rules of the multijurisdictional game.
35f. The authority division is discharged of all liability
-1297-1upon payment of a prize pursuant to this section.
2g. No ticket or share issued by the authority division
3 shall be purchased by and no prize shall be paid to any member
4of the board of directors; any officer or employee of the
5authority department under this chapter; or to any spouse,
6child, brother, sister, or parent residing as a member of the
7same household in the principal place of residence of any such
8person.
9h. No ticket or share issued by the authority division shall
10be purchased by and no prize shall be paid to any officer,
11employee, agent, or subcontractor of any vendor or to any
12spouse, child, brother, sister, or parent residing as a member
13of the same household in the principal place of residence
14of any such person if such officer, employee, agent, or
15subcontractor has access to confidential information which may
16compromise the integrity of the lottery.
17i. The proceeds of any lottery prize shall be subject to
18state and federal income tax laws. An amount deducted from the
19prize for payment of a state tax, pursuant to section 422.16,
20subsection 1, shall be transferred by the authority to the
21department of revenue on behalf of the prize winner.
22 Sec. 2342. Section 99G.32, Code 2023, is amended to read as
23follows:
2499G.32 Authority Department legal representation — lottery.
25The authority department shall retain the services of legal
26counsel to advise the authority department and the board
27under this chapter and to provide representation in legal
28proceedings. The authority department may retain the attorney
29general or a full-time assistant attorney general in that
30capacity and provide reimbursement for the cost of advising and
31representing the board and the authority department.
32 Sec. 2343. Section 99G.33, Code 2023, is amended to read as
33follows:
3499G.33 Law enforcement investigations.
35The department of public safety, division of criminal
-1298-1investigation, shall be the primary state agency responsible
2for investigating criminal violations under this chapter.
3The chief executive officer director shall contract with
4the department of public safety for investigative services,
5including the employment of special agents and support
6personnel, and procurement of necessary equipment to carry out
7the responsibilities of the division of criminal investigation
8under the terms of the contract and this chapter.
9 Sec. 2344. Section 99G.34, unnumbered paragraph 1, Code
102023, is amended to read as follows:
11The records of the authority department under this chapter
12 shall be governed by the provisions of chapter 22, provided
13that, in addition to records that may be kept confidential
14pursuant to section 22.7, the following records shall be kept
15confidential, unless otherwise ordered by a court, by the
16lawful custodian of the records, or by another person duly
17authorized to release such information:
18 Sec. 2345. Section 99G.34, subsections 1, 4, and 7, Code
192023, are amended to read as follows:
201. Marketing plans, research data, and proprietary
21intellectual property owned or held by the authority department
22for purposes of this chapter under contractual agreements.
234. Security records pertaining to investigations and
24intelligence-sharing information between lottery security
25officers and those of other lotteries and law enforcement
26agencies, the security portions or segments of lottery
27requests for proposals, proposals by vendors to conduct
28lottery operations, and records of the security division of
29the authority department under this chapter pertaining to game
30security data, ticket validation tests, and processes.
317. Security reports and other information concerning bids
32or other contractual data, the disclosure of which would impair
33the efforts of the authority department to contract for goods
34or services on favorable terms under this chapter.
35 Sec. 2346. Section 99G.35, Code 2023, is amended to read as
-1299-1follows:
299G.35 Security.
31. The authority’s department’s chief security officer
4and investigators under this chapter shall be qualified by
5training and experience in law enforcement to perform their
6respective duties in support of the activities of the security
7office. The chief security officer and investigators shall not
8have sworn peace officer status. The lottery security office
9shall perform all of the following activities in support of the
10authority mission of the department under this chapter:
11a. Supervise ticket or share validation and lottery
12drawings, provided that the authority department may enter
13into cooperative agreements with multijurisdictional lottery
14administrators for shared security services at drawings and
15game show events involving more than one participating lottery.
16b. Inspect at times determined solely by the authority
17 department the facilities of any vendor or lottery retailer in
18order to determine the integrity of the vendor’s product or the
19operations of the retailer in order to determine whether the
20vendor or the retailer is in compliance with its contract.
21c. Report any suspected violations of this chapter to
22the appropriate county attorney or the attorney general and
23to any law enforcement agencies having jurisdiction over the
24violation.
25d. Upon request, provide assistance to any county attorney,
26the attorney general, the department of public safety, or any
27other law enforcement agency.
28e. Upon request, provide assistance to retailers in meeting
29their licensing contract requirements and in detecting retailer
30employee theft.
31f. Monitor authority division operations for compliance with
32internal security requirements.
33g. Provide physical security at the authority’s central
34operations facilities used by the department for purposes of
35this chapter.
-1300- 1h. Conduct on-press product production surveillance,
2testing, and quality approval for printed scratch and pull-tab
3tickets.
4i. Coordinate employee and retailer background
5investigations conducted by the department of public safety,
6division of criminal investigation.
72. The authority department may enter into
8intelligence-sharing, reciprocal use, or restricted use
9agreements for purposes of this chapter with the federal
10government, law enforcement agencies, lottery regulation
11agencies, and gaming enforcement agencies of other
12jurisdictions which provide for and regulate the use of
13information provided and received pursuant to the agreement.
143. Records, documents, and information in the possession of
15the authority department received under this chapter pursuant
16to an intelligence-sharing, reciprocal use, or restricted
17use agreement entered into by the authority department with
18a federal department or agency, any law enforcement agency,
19or the lottery regulation or gaming enforcement agency of any
20jurisdiction shall be considered investigative records of a law
21enforcement agency and are not subject to chapter 22 and shall
22not be released under any condition without the permission of
23the person or agency providing the record or information.
24 Sec. 2347. Section 99G.36, subsection 5, Code 2023, is
25amended to read as follows:
265. No person shall knowingly or intentionally make
27a material false statement in any lottery prize claim,
28make a material false statement in any application for a
29license or proposal to conduct lottery activities, or make a
30material false entry in any book or record which is compiled
31or maintained or submitted to the authority or the board
32 department pursuant to the provisions of this chapter. Any
33person who violates the provisions of this subsection shall be
34guilty of a class “D” felony.
35 Sec. 2348. Section 99G.37, Code 2023, is amended by striking
-1301-1the section and inserting in lieu thereof the following:
299G.37 Competitive bidding.
3All procurement contracts under this chapter must be
4competitively bid in accordance with chapter 8A, subchapter
5III, part 2. Procurement contracts shall take into
6consideration the greatest integrity for the Iowa lottery.
7In any bidding process, the services of the department of
8administrative services shall be utilized.
9 Sec. 2349. Section 99G.38, Code 2023, is amended to read as
10follows:
1199G.38 Authority Lottery finance — self-sustaining.
121. The authority department may borrow, or accept and
13expend, in accordance with the provisions of this chapter, such
14moneys as may be received from any source, including income
15from the authority’s department’s operations, for effectuating
16its business purposes under this chapter, including the payment
17of the initial expenses of initiation, administration, and
18operation of the authority department under this chapter and
19the lottery.
202. The authority department as it relates to the lottery
21 shall be self-sustaining and self-funded. Moneys in the
22general fund of the state shall not be used or obligated to pay
23the expenses of the authority department under this chapter
24 or prizes of the lottery, and no claim for the payment of an
25expense of the lottery or prizes of the lottery may be made
26against any moneys other than moneys credited to the authority
27 department operating account pursuant to this chapter.
283. The state of Iowa offset program, as provided in section
298A.504, shall be available to the authority department to
30facilitate receipt of funds owed to the authority department
31under this chapter.
32 Sec. 2350. Section 99G.39, subsections 1 and 3, Code 2023,
33are amended to read as follows:
341. Upon receipt of any revenue, the chief executive officer
35 director shall deposit the moneys in the lottery fund created
-1302-1pursuant to section 99G.40. At least fifty percent of the
2projected annual revenue accruing from the sale of tickets
3or shares shall be allocated for payment of prizes to the
4holders of winning tickets. After the payment of prizes, the
5expenses of conducting the lottery shall be deducted from the
6authority’s department’s revenue under this chapter prior to
7disbursement. Expenses for advertising production and media
8purchases shall not exceed four percent of the authority’s
9 department’s gross revenue under this chapter for the year.
103. Two million five hundred thousand dollars in lottery
11revenues shall be transferred each fiscal year to the veterans
12trust fund established pursuant to section 35A.13 prior to
13deposit of the lottery revenues in the general fund pursuant
14to section 99G.40. However, if the balance of the veterans
15trust fund is fifty million dollars or more, the moneys shall
16be appropriated to the department of revenue for distribution
17to county directors of veteran affairs, with fifty percent
18of the moneys to be distributed equally to each county and
19fifty percent of the moneys to be distributed to each county
20based upon the population of veterans in the county, so long
21as the moneys distributed to a county do not supplant moneys
22appropriated by that county for the county director of veteran
23affairs.
24 Sec. 2351. Section 99G.39, subsection 6, paragraph b, Code
252023, is amended to read as follows:
26b. The treasurer of state shall, each quarter, prepare
27an estimate of the gaming revenues and lottery revenues that
28will become available during the remainder of the appropriate
29fiscal year for the purposes described in paragraph “a”. The
30department of management and the department of revenue shall
31take appropriate actions to provide that the amount of gaming
32revenues and lottery revenues that will be available during the
33remainder of the appropriate fiscal year is sufficient to cover
34any anticipated deficiencies.
35 Sec. 2352. Section 99G.40, Code 2023, is amended to read as
-1303-1follows:
299G.40 Audits and reports — lottery fund.
31. To ensure the financial integrity of the lottery, the
4authority department shall do all of the following:
5a. Submit quarterly and annual reports to the governor,
6state auditor, and the general assembly disclosing the total
7lottery revenues, prize disbursements, and other expenses
8of the authority department under this chapter during the
9reporting period. The fourth quarter report shall be included
10in the annual report made pursuant to this section. The annual
11report shall include a complete statement of lottery revenues,
12prize disbursements, and other expenses, and recommendations
13for changes in the law that the chief executive officer
14 director deems necessary or desirable for purposes of this
15chapter. The annual report shall be submitted within one
16hundred twenty days after the close of the fiscal year. The
17chief executive officer director shall report immediately to
18the governor, the treasurer of state, and the general assembly
19any matters that require immediate changes in the law in order
20to prevent abuses or evasions of this chapter or rules adopted
21or to rectify undesirable conditions in connection with the
22administration or operation of the lottery.
23b. Maintain weekly or more frequent records of lottery
24transactions, including the distribution of tickets or shares
25to retailers, revenues received, claims for prizes, prizes
26paid, prizes forfeited, and other financial transactions of the
27authority department under this chapter.
28c. The authority department shall deposit in the lottery
29fund created in subsection 2 any moneys received by retailers
30from the sale of tickets or shares less the amount of any
31compensation due the retailers. The chief executive officer
32 director may require licensees to file with the authority
33 department reports of receipts and transactions in the sale
34of tickets or shares. The reports shall be in the form and
35contain the information the chief executive officer director
-1304-1 requires.
22. A lottery fund is created in the office of the treasurer
3of state and shall exist as the recipient fund for authority
4 department receipts under this chapter. The fund consists
5of all revenues received from the sale of lottery tickets or
6shares and all other moneys lawfully credited or transferred
7to the fund. The chief executive officer director shall
8certify quarterly that portion of the fund that has been
9transferred to the general fund of the state under this chapter
10and shall cause that portion to be transferred to the general
11fund of the state. However, upon the request of the chief
12executive officer director and subject to the approval by
13the treasurer of state, an amount sufficient to cover the
14foreseeable administrative expenses of the lottery for a period
15of twenty-one days may be retained from the lottery fund.
16Prior to the quarterly transfer to the general fund of the
17state, the chief executive officer director may direct that
18lottery revenue shall be deposited in the lottery fund and in
19interest-bearing accounts designated by the treasurer of state.
20Interest or earnings paid on the deposits or investments is
21considered lottery revenue and shall be transferred to the
22general fund of the state in the same manner as other lottery
23revenue.
243. The chief executive officer director shall certify
25before the last day of the month following each quarter
26that portion of the lottery fund resulting from the previous
27quarter’s sales to be transferred to the general fund of the
28state.
294. For informational purposes only, the chief executive
30officer shall submit to the department of management by October
311 of each year a proposed operating budget for the authority
32for the succeeding fiscal year. This budget proposal shall
33also be accompanied by an estimate of the net proceeds to
34be deposited into the general fund during the succeeding
35fiscal year. This budget shall be on forms prescribed by the
-1305-1department of management. A copy of the information required
2to be submitted to the department of management pursuant to
3this subsection shall be submitted to the general assembly’s
4standing committees on government oversight and the legislative
5services agency by October 1 of each year.
65. 4. The authority shall adopt the same fiscal year
7as that used by state government and activities of the
8division shall be audited annually as part of the audit of
9the department by the auditor of state or a certified public
10accounting firm appointed by the auditor. The auditor of state
11or a designee conducting an audit of the activities of the
12division under this chapter shall have access and authority to
13examine any and all records of licensees necessary to determine
14compliance with this chapter and the rules adopted pursuant to
15this chapter. The cost of audits and examinations conducted
16by the auditor of state or a designee shall be paid for by the
17authority as provided in chapter 11.
18 Sec. 2353. Section 99G.41, Code 2023, is amended to read as
19follows:
2099G.41 Prize offsets — garnishments.
211. Any claimant agency may submit to the authority
22 department a list of the names of all persons indebted to such
23claimant agency or to persons on whose behalf the claimant
24agency is acting. The full amount of the debt shall be
25collectible from any lottery winnings due the debtor without
26regard to limitations on the amounts that may be collectible
27in increments through garnishment or other proceedings. Such
28list shall constitute a valid lien upon and claim of lien
29against the lottery winnings of any debtor named in such list.
30The list shall contain the names of the debtors, their social
31security numbers if available, and any other information that
32assists the authority department in identifying the debtors
33named in the list.
342. The authority department is authorized and directed
35to withhold any winnings paid out directly by the authority
-1306-1 department subject to the lien created by this section and
2send notice to the winner. However, if the winner appears
3and claims winnings in person, the authority department shall
4notify the winner at that time by hand delivery of such action.
5The authority department shall pay the funds over to the agency
6administering the offset program.
73. Notwithstanding the provisions of section 99G.34
8which prohibit disclosure by the authority department of
9certain portions of the contents of prize winner records or
10information, and notwithstanding any other confidentiality
11statute, the authority department may provide to a claimant
12agency all information necessary to accomplish and effectuate
13the intent of this section.
144. The information obtained by a claimant agency from
15the authority department in accordance with this section
16shall retain its confidentiality and shall only be used by a
17claimant agency in the pursuit of its debt collection duties
18and practices. Any employee or prior employee of any claimant
19agency who unlawfully discloses any such information for any
20other purpose, except as otherwise specifically authorized by
21law, shall be subject to the same penalties specified by law
22for unauthorized disclosure of confidential information by
23an agent or employee of the authority department under this
24chapter.
255. Except as otherwise provided in this chapter,
26attachments, garnishments, or executions authorized and issued
27pursuant to law shall be withheld if timely served upon the
28authority department.
296. The provisions of this section shall only apply to prizes
30paid directly by the authority department and shall not apply
31to any retailers authorized by the board department to pay
32prizes of up to six hundred dollars after deducting the price
33of the ticket or share.
34 Sec. 2354. Section 99G.42, Code 2023, is amended to read as
35follows:
-1307- 199G.42 Compulsive gamblers — treatment program information.
2The authority department shall cooperate with the gambling
3treatment program administered by the Iowa department of public
4 health and human services to incorporate information regarding
5the gambling treatment program and its toll-free telephone
6number in printed materials distributed by the authority
7 department pursuant to this chapter.
8 Sec. 2355. IOWA LOTTERY — TRANSITION PROVISIONS.
91. For purposes of this section, unless the context
10otherwise requires:
11a. “Department” means the department of revenue.
12b. “Iowa lottery authority” means the Iowa lottery
13authority established pursuant to 2003 Iowa Acts, chapter 178,
14section 66.
152. The department shall be the legal successor to the
16Iowa lottery authority and, as such, shall assume all rights,
17privileges, obligations, and responsibilities of the Iowa
18lottery authority. The promulgated rules of the Iowa lottery
19authority shall remain in full force and effect as the rules of
20the department until amended or repealed by the department. In
21addition, the department may continue the security practices
22and procedures utilized by the Iowa lottery authority until
23amended or repealed by the department.
243. At 12:01 a.m.on July 1, 2023, the department shall
25become the legal successor to the Iowa lottery authority.
264. Personnel of the Iowa lottery authority employed on
27July 1, 2023, shall transition to the department as department
28employees under chapter 99G. The chief executive officer
29of the Iowa lottery authority on July 1, 2023, shall be the
30lottery administrator, as provided in this Act, on that date
31without the requirement to be reappointed by the governor.
325. The department shall function as the legal successor to
33the Iowa lottery authority and shall assume all of the assets
34and obligations of the Iowa lottery authority, and funds of the
35state shall not be used or obligated to pay the expenses or
-1308-1prizes of the department or its predecessor, the Iowa lottery
2authority.
36. In order to effect an immediate and efficient transition
4of the lottery from the Iowa lottery authority to the
5department, as soon as practicable, the department shall do all
6of the following:
7a. Take such steps and enter into such agreements as
8the director of the department may determine are necessary
9and proper in order to effect the transfer, assignment, and
10delivery to the department from the Iowa lottery authority
11of all the tangible and intangible assets constituting the
12lottery, including the exclusive right to operate the lottery
13and the assignment to and assumption by the department of all
14agreements, covenants, and obligations of the Iowa lottery
15authority and other agencies of the state, relating to the
16operation and management of the lottery.
17b. Receive as transferee from the Iowa lottery authority all
18of the tangible and intangible assets constituting the lottery
19including, without limitation, the exclusive authorization
20to operate a lottery in the state of Iowa and ownership of
21annuities and bonds purchased prior to the date of transfer and
22held in the name of the Iowa lottery for payment of lottery
23prizes, and shall assume and discharge all of the agreements,
24covenants, and obligations of the Iowa lottery authority
25entered into and constituting part of the operation and
26management of the lottery. In consideration for such transfer
27and assumption, the department shall transfer to the state all
28net profits of the department under chapter 99G, at such times
29and subject to such financial transfer requirements as are
30provided in this division of this Act.
31alcoholic beverage control
32 Sec. 2356. Section 123.3, subsections 1 and 19, Code 2023,
33are amended by striking the subsections.
34 Sec. 2357. Section 123.3, Code 2023, is amended by adding
35the following new subsections:
-1309-1 NEW SUBSECTION. 16A. “Department” means the department of
2revenue.
3 NEW SUBSECTION. 17A. “Director” means the director of the
4department of revenue or the director’s designee.
5 Sec. 2358. Section 123.3, subsections 6, 14, 16, 26, 29, 30,
6and 38, Code 2023, are amended to read as follows:
76. “Application” means a written request for the issuance
8of a permit, license, or certificate that is supported by a
9verified statement of facts and submitted electronically, or in
10a manner prescribed by the administrator director.
1114. “Commercial establishment” means a place of business
12which is at all times equipped with sufficient tables and
13seats to accommodate twenty-five persons at one time, and
14the licensed premises of which conform to the standards and
15specifications of the division department.
1616. “Completed application” means an application where all
17necessary fees have been paid in full, any required bonds have
18been submitted, the applicant has provided all information
19requested by the division department, and the application
20meets the requirements of section 123.92, subsection 2, if
21applicable.
2226. The terms “in accordance with the provisions of this
23chapter”, “pursuant to the provisions of this title”, or similar
24terms shall include all rules and regulations of the division
25 department adopted to aid in the administration or enforcement
26of those provisions.
2729. “Licensed premises” or “premises” means all rooms,
28enclosures, contiguous areas, or places susceptible of precise
29description satisfactory to the administrator director where
30alcoholic beverages, wine, or beer is sold or consumed under
31authority of a retail alcohol license, wine permit, or beer
32permit. A single licensed premises may consist of multiple
33rooms, enclosures, areas, or places if they are wholly within
34the confines of a single building or contiguous grounds.
3530. “Local authority” means the city council of any
-1310-1incorporated city in this state, or the county board of
2supervisors of any county in this state, which is empowered by
3this chapter to approve or deny applications for retail alcohol
4licenses; empowered to recommend that such licenses be granted
5and issued by the division department; and empowered to take
6other actions reserved to them by this chapter.
738. “Permit” or “license” means an express written
8authorization issued by the division department for the
9manufacture or sale, or both, of alcoholic liquor, wine, or
10beer.
11 Sec. 2359. Section 123.3, subsection 40, paragraphs a and d,
12Code 2023, are amended to read as follows:
13a. The person has such financial standing and good
14reputation as will satisfy the administrator director that the
15person will comply with this chapter and all laws, ordinances,
16and regulations applicable to the person’s operations under
17this chapter. However, the administrator director shall not
18require the person to post a bond to meet the requirements of
19this paragraph.
20d. The person has not been convicted of a felony. However,
21if the person’s conviction of a felony occurred more than
22five years before the date of the application for a license
23or permit, and if the person’s rights of citizenship have
24been restored by the governor, the administrator director
25 may determine that the person is of good moral character
26notwithstanding such conviction.
27 Sec. 2360. Section 123.4, Code 2023, is amended by striking
28the section and inserting in lieu thereof the following:
29123.4 Alcoholic beverage control.
30The department of revenue shall administer and enforce the
31laws of this state concerning alcoholic beverage control.
32 Sec. 2361. Section 123.5, subsection 1, Code 2023, is
33amended to read as follows:
341. An alcoholic beverages commission is created within
35the division department. The commission is composed of five
-1311-1members, not more than three of whom shall belong to the same
2political party.
3 Sec. 2362. Section 123.6, Code 2023, is amended to read as
4follows:
5123.6 Commission meetings.
6The commission shall meet on or before July 1 of each year
7for the purpose of selecting one of its members as chairperson
8for the succeeding year. The commission shall otherwise meet
9quarterly or at the call of the chairperson or administrator
10 director or when three members file a written request for a
11meeting. Written notice of the time and place of each meeting
12shall be given to each member of the commission. A majority of
13the commission members shall constitute a quorum.
14 Sec. 2363. Section 123.7, Code 2023, is amended by striking
15the section and inserting in lieu thereof the following:
16123.7 Duties of director.
17The director shall supervise the daily operations of the
18department under this chapter and shall execute the alcoholic
19beverage control policies of the department.
20 Sec. 2364. Section 123.8, Code 2023, is amended to read as
21follows:
22123.8 Duties of commission and administrator.
231. The commission, in addition to the duties specifically
24enumerated in this chapter, shall act as a division
25 policy-making body under this chapter and serve in an advisory
26capacity to the administrator director and department. The
27administrator shall supervise the daily operations of the
28division and shall execute the policies of the division as
29determined by the commission.
302. The commission may review and affirm, reverse, or amend
31all actions of the administrator director under this chapter,
32including but not limited to the following instances:
33a. Purchases of alcoholic liquor for resale by the division
34 department.
35b. The establishment of wholesale prices of alcoholic
-1312-1liquor.
2 Sec. 2365. Section 123.9, unnumbered paragraph 1, Code
32023, is amended to read as follows:
4The administrator director, in executing divisional the
5alcoholic beverage control functions of the department, shall
6have the following duties and powers:
7 Sec. 2366. Section 123.9, subsections 1, 4, and 7, Code
82023, are amended to read as follows:
91. To receive alcoholic liquors on a bailment system for
10resale by the division department in the manner set forth in
11this chapter.
124. To appoint clerks, agents, or other employees required
13for carrying out the provisions of this chapter; to dismiss
14employees for cause; to assign employees to divisions and
15 bureaus as created by the administrator director within the
16division department; and to designate their title, duties, and
17powers. All employees of the division department for purposes
18of this chapter are subject to chapter 8A, subchapter IV,
19unless exempt under section 8A.412.
207. To accept alcoholic liquors ordered delivered to the
21alcoholic beverages division department pursuant to chapter
22809A, and offer for sale and deliver the alcoholic liquors to
23class “E” retail alcohol licensees, unless the administrator
24 director determines that the alcoholic liquors may be
25adulterated or contaminated. If the administrator director
26 determines that the alcoholic liquors may be adulterated or
27contaminated, the administrator director shall order their
28destruction.
29 Sec. 2367. Section 123.10, unnumbered paragraph 1, Code
302023, is amended to read as follows:
31The administrator director, with the approval of the
32commission and subject to chapter 17A, may adopt rules as
33necessary to carry out this chapter. The administrator’s
34 director’s authority under this chapter extends to, but is not
35limited to, the following:
-1313-1 Sec. 2368. Section 123.10, subsections 1, 6, 14, and 15,
2Code 2023, are amended to read as follows:
31. Prescribing the duties of officers, clerks, agents, or
4other employees of the division department under this chapter
5 and regulating their conduct while in the discharge of their
6duties.
76. Providing for the issuance and electronic distribution
8of price lists which show the price to be paid by class
9“E” retail alcohol licensees for each brand, class, or
10variety of liquor kept for sale by the division department,
11providing for the filing or posting of prices charged in sales
12between class “A” beer and class “A” wine permit holders and
13retailers, as provided in this chapter, and establishing or
14controlling the prices based on minimum standards of fill,
15quantity, or alcoholic content for each individual sale of
16alcoholic beverages as deemed necessary for retail or consumer
17protection. However, the division department shall not
18regulate markups, prices, discounts, allowances, or other terms
19of sale at which alcoholic liquor may be purchased by the
20retail public or retail alcohol licensees from class “E” retail
21alcohol licensees or at which wine may be purchased and sold
22by class “A” and retail wine permittees, or change, nullify,
23or vary the terms of an agreement between a holder of a vintner
24certificate of compliance and a class “A” wine permittee.
2514. Prescribing the uniform fee to be assessed against
26a retail alcohol licensee, except a class “B”, special class
27“B”, or class “E” retail alcohol licensee, to cover the
28administrative costs incurred by the division department
29 resulting from the failure of the licensee to maintain dramshop
30liability insurance coverage pursuant to section 123.92,
31subsection 2, paragraph “a”.
3215. Prescribing the uniform fee, not to exceed one hundred
33dollars, to be assessed against a licensee or permittee under
34this chapter for a contested case hearing conducted by the
35division department or by an administrative law judge from
-1314-1the department of inspections and appeals which results in
2administrative action taken against the licensee or permittee
3by the division department.
4 Sec. 2369. Section 123.11, Code 2023, is amended to read as
5follows:
6123.11 Compensation and expenses.
7Members of the commission, the administrator director, and
8other employees of the division department shall be allowed
9their actual and necessary expenses while traveling on business
10of the division department under this chapter outside of their
11place of residence, however, an itemized account of such
12expenses shall be verified by the claimant and approved by the
13administrator director. If such account is paid, the same
14shall be filed with the division department and be and remain
15a part of its permanent records. Each member appointed to
16the commission is entitled to receive reimbursement of actual
17expenses incurred while attending meetings. Each member of
18the commission may also be eligible to receive compensation
19as provided in section 7E.6. All expenses and salaries of
20commission members, the administrator director, and other
21employees shall be paid from appropriations for such purposes
22and the division department shall be subject to the budget
23requirements of chapter 8.
24 Sec. 2370. Section 123.12, Code 2023, is amended to read as
25follows:
26123.12 Exemption from suit.
27No A commission member or officer or employee of the division
28 department shall not be personally liable for damages sustained
29by any person due to the act of such member, officer, or
30employee performed in the reasonable discharge of the member’s,
31officer’s, or employee’s duties as enumerated in this chapter.
32 Sec. 2371. Section 123.13, Code 2023, is amended to read as
33follows:
34123.13 Prohibitions on commission members and employees.
351. Commission members, officers, and employees of the
-1315-1division department under this chapter shall not, while holding
2such office or position, do any of the following:
3a. Hold any other office or position under the laws of this
4state, or any other state or territory or of the United States.
5b. Engage in any occupation, business, endeavor, or activity
6which would or does conflict with their duties under this
7chapter.
8c. Directly or indirectly, use their office or employment
9to influence, persuade, or induce any other officer, employee,
10or person to adopt their political views or to favor any
11particular candidate for an elective or appointive public
12office.
13d. Directly or indirectly, solicit or accept, in any manner
14or way, any money or other thing of value for any person
15seeking an elective or appointive public office, or to any
16political party or any group of persons seeking to become a
17political party.
182. Except as provided in section 123.5, subsection 3, a
19commission member or division department employee under this
20chapter shall not, directly or indirectly, individually, or as
21a member of a partnership or shareholder in a corporation, have
22any interest in dealing in or in the manufacture of alcoholic
23liquor, wine, or beer, and shall not receive any kind of profit
24nor have any interest in the purchase or sale of alcoholic
25liquor, wine, or beer by persons so authorized under this
26chapter. However, this subsection does not prohibit any member
27or employee from lawfully purchasing and keeping alcoholic
28liquor, wine, or beer in the member’s or employee’s possession
29for personal use.
303. Any officer or employee violating this section or any
31other provisions of this chapter shall, in addition to any
32other penalties provided by law, be subject to suspension or
33discharge from employment. Any commission member shall, in
34addition to any other penalties provided by law, be subject to
35removal from office as provided by chapter 66.
-1316-1 Sec. 2372. Section 123.14, Code 2023, is amended to read as
2follows:
3123.14 Alcoholic beverage control law enforcement.
41. The department of public safety is the primary alcoholic
5beverage control law enforcement authority for this state.
62. The county attorney, the county sheriff and the sheriff’s
7deputies, and the police department of every city, and the
8alcoholic beverages division of the department of commerce,
9shall be supplementary aids to the department of public safety
10for purposes of alcoholic beverage control law enforcement.
11Any neglect, misfeasance, or malfeasance shown by any peace
12officer included in this section shall be sufficient cause
13for the peace officer’s removal as provided by law. This
14section shall not be construed to affect the duties and
15responsibilities of any county attorney or peace officer with
16respect to law enforcement.
173. The department of public safety shall have full access
18to all records, reports, audits, tax reports and all other
19documents and papers in the alcoholic beverages division
20 department pertaining to liquor licensees and wine and beer
21permittees and their business.
22 Sec. 2373. Section 123.16, unnumbered paragraph 1, Code
232023, is amended to read as follows:
24The commission department shall cause to be prepared an
25annual report to the governor of the state, ending with June 30
26of each fiscal year, on the operation and financial position of
27the division department under this chapter for the preceding
28fiscal year. The report shall include but is not limited to
29the following information:
30 Sec. 2374. Section 123.16, subsections 1 and 7, Code 2023,
31are amended to read as follows:
321. Amount of profit or loss from division department
33 operations under this chapter.
347. Amount of fees paid to the division department from
35retail alcohol licenses, wine permits, and beer permits, in
-1317-1gross, and the amount of retail alcohol license fees returned
2to local subdivisions of government as provided under this
3chapter.
4 Sec. 2375. Section 123.17, Code 2023, is amended to read as
5follows:
6123.17 Beer and liquor control fund — allocations to
7substance abuse programs — use of civil penalties.
81. There shall be established within the office of
9the treasurer of state a fund to be known as the beer and
10liquor control fund. The fund shall consist of any moneys
11appropriated by the general assembly for deposit in the fund
12and moneys received from the sale of alcoholic liquors by the
13division department, from the issuance of permits and licenses,
14and of moneys and receipts received by the division department
15 from any other source under this chapter.
162. a. The director of the department of administrative
17services shall periodically transfer from the beer and liquor
18control fund to the general fund of the state those revenues
19of the division department which are not necessary for the
20purchase of liquor for resale by the division department,
21or for remittances to local authorities or other sources as
22required by this chapter, or for other obligations and expenses
23of the division department which are paid from such fund.
24b. All moneys received by the division department from
25the issuance of vintner’s certificates of compliance and wine
26permits shall be transferred by the director of the department
27of administrative services to the general fund of the state.
283. Notwithstanding subsection 2, if gaming revenues under
29sections 99D.17 and 99F.11 are insufficient in a fiscal year to
30meet the total amount of such revenues directed to be deposited
31in the revenue bonds debt service fund and the revenue bonds
32federal subsidy holdback fund during the fiscal year pursuant
33to section 8.57, subsection 5, paragraph “e”, the difference
34shall be paid from moneys deposited in the beer and liquor
35control fund prior to transfer of such moneys to the general
-1318-1fund pursuant to subsection 2 and prior to the transfer of such
2moneys pursuant to subsections 5 and 6. If moneys deposited in
3the beer and liquor control fund are insufficient during the
4fiscal year to pay the difference, the remaining difference
5shall be paid from moneys deposited in the beer and liquor
6control fund in subsequent fiscal years as such moneys become
7available.
84. The treasurer of state shall, each quarter, prepare
9an estimate of the gaming revenues and of the moneys to be
10deposited in the beer and liquor control fund that will become
11available during the remainder of the appropriate fiscal year
12for the purposes described in subsection 3. The department
13of management, the department of inspections and appeals, and
14the department of commerce shall take appropriate actions to
15provide that the sum of the amount of gaming revenues available
16to be deposited into the revenue bonds debt service fund and
17the revenue bonds federal subsidy holdback fund during a fiscal
18year and the amount of moneys to be deposited in the beer and
19liquor control fund available to be deposited into the revenue
20bonds debt service fund and the revenue bonds federal subsidy
21holdback fund during such fiscal year will be sufficient to
22cover any anticipated deficiencies.
235. After any transfer provided for in subsection 3 is
24made, the department of commerce shall transfer into a special
25revenue account in the general fund of the state, a sum of
26money at least equal to seven percent of the gross amount
27of sales made by the division department from the beer and
28liquor control fund on a monthly basis but not less than nine
29million dollars annually. Of the amounts transferred, two
30million dollars, plus an additional amount determined by the
31general assembly, shall be appropriated to the Iowa department
32of public health for use by the staff who administer the
33comprehensive substance abuse program under chapter 125 for
34substance abuse treatment and prevention programs. Any amounts
35received in excess of the amounts appropriated to the Iowa
-1319-1department of public health for use by the staff who administer
2the comprehensive substance abuse program under chapter 125
3shall be considered part of the general fund balance.
46. After any transfers provided for in subsections 3 and
55, the department of commerce shall receive a transfer to the
6division from the beer and liquor control fund and before any
7other transfer to the general fund, an amount sufficient to pay
8the costs incurred by the division department for collecting
9and properly disposing of the liquor containers.
107. After any transfers provided for in subsections 3, 5,
11and 6, and before any other transfer to the general fund,
12the department of commerce shall transfer to the economic
13development authority from the beer and liquor control fund
14two million dollars annually for statewide tourism marketing
15services and efforts pursuant to section 15.275.
168. After any transfers provided for in subsections 3, 5, 6,
17and 7, and before any other transfer to the general fund, the
18department of commerce shall transfer from the beer and liquor
19control fund one million dollars to the Iowa department of
20public health for distribution pursuant to section 125.59.
219. Civil penalties imposed and collected by the division
22 department under this chapter shall be credited to the general
23fund of the state. The moneys from the civil penalties shall
24be used by the division department, subject to appropriation by
25the general assembly, for the purposes of providing educational
26programs, information and publications for alcoholic
27beverage licensees and permittees, local authorities, and law
28enforcement agencies regarding the laws and rules which govern
29the alcoholic beverages industry, and for promoting compliance
30with alcoholic beverage laws and rules.
31 Sec. 2376. Section 123.18, Code 2023, is amended to read as
32follows:
33123.18 Appropriations.
34Division Department appropriations for purposes of this
35chapter shall be paid by the treasurer of state upon the orders
-1320-1of the administrator director, in such amounts and at such
2times as the administrator director deems necessary to carry on
3operations in accordance with the terms of this chapter.
4 Sec. 2377. Section 123.22, subsection 1, Code 2023, is
5amended to read as follows:
61. The division department has the exclusive right of
7importation into the state of all forms of alcoholic liquor,
8except as otherwise provided in this chapter, and a person
9shall not import alcoholic liquor, except that an individual of
10legal age may import and have in the individual’s possession
11an amount of alcoholic liquor not exceeding nine liters per
12calendar month that the individual personally obtained outside
13the state. Alcoholic liquor imported by an individual pursuant
14to this subsection shall be for personal consumption only in
15a private home or other private accommodation. A distillery
16shall not sell alcoholic liquor within the state to any person
17but only to the division department, except as otherwise
18provided in this chapter. This section vests in the division
19 department exclusive control within the state as purchaser of
20all alcoholic liquor sold by distilleries within the state
21or imported, except beer and wine, and except as otherwise
22provided in this chapter. The division department shall
23receive alcoholic liquor on a bailment system for resale by the
24division department in the manner set forth in this chapter.
25The division department shall act as the sole wholesaler of
26alcoholic liquor to class “E” retail alcohol licensees.
27 Sec. 2378. Section 123.23, subsections 1, 2, 3, and 5, Code
282023, are amended to read as follows:
291. Any manufacturer, distiller, or importer of alcoholic
30liquors shipping, selling, or having alcoholic liquors brought
31into this state for resale by the state shall, as a condition
32precedent to the privilege of so trafficking in alcoholic
33liquors in this state, annually make application for and hold
34a distiller’s certificate of compliance which shall be issued
35by the administrator director for that purpose. No brand of
-1321-1alcoholic liquor shall be sold by the division department
2 in this state unless the manufacturer, distiller, importer,
3and all other persons participating in the distribution of
4that brand in this state have obtained a certificate. The
5certificate of compliance shall expire at the end of one year
6from the date of issuance and shall be renewed for a like
7period upon application to the administrator director unless
8otherwise suspended or revoked for cause. Each completed
9application for a certificate of compliance or renewal shall
10be submitted electronically, or in a manner prescribed by the
11administrator director, and shall be accompanied by a fee
12of two hundred dollars payable to the division department.
13However, this subsection need not apply to a manufacturer,
14distiller, or importer who ships or sells in this state no more
15than eleven gallons or its case equivalent during any fiscal
16year as a result of “special orders” which might be placed, as
17defined and allowed by divisional departmental rules adopted
18under this chapter.
192. At the time of applying for a certificate of compliance,
20each applicant shall submit to the division department
21 electronically, or in a manner prescribed by the administrator
22 director, the name and address of its authorized agent
23for service of process which shall remain effective until
24changed for another, and a list of names and addresses of all
25representatives, employees, or attorneys whom the applicant has
26appointed in the state of Iowa to represent it for any purpose.
27The listing shall be amended by the certificate holder as
28necessary to keep the listing current with the division
29 department.
303. The administrator director and the attorney general
31are authorized to require any certificate holder or person
32listed as the certificate holder’s representative, employee,
33or attorney to disclose such financial and other records and
34transactions as may be considered relevant in discovering
35violations of this chapter or of rules and regulations of
-1322-1the division department under this chapter or of any other
2provision of law by any person.
35. This section shall not require the listing of those
4persons who are employed on premises where alcoholic liquors
5are manufactured, processed, bottled, or packaged in Iowa or
6persons who are thereafter engaged in the transporting of such
7alcoholic liquors to the division department.
8 Sec. 2379. Section 123.24, Code 2023, is amended to read as
9follows:
10123.24 Alcoholic liquor sales by the division department —
11dishonored payments — liquor prices.
121. The division department shall sell alcoholic liquor at
13wholesale only. The division department shall sell alcoholic
14liquor to class “E” retail alcohol licensees only. The
15division department shall offer the same price on alcoholic
16liquor to all class “E” retail alcohol licensees without regard
17for the quantity of purchase or the distance for delivery.
182. The price of alcoholic liquor sold by the division
19 department shall consist of the following:
20a. The manufacturer’s price.
21b. A markup of up to fifty percent of the wholesale price
22paid by the division department for the alcoholic liquor.
23The division department may increase the markup on selected
24kinds of alcoholic liquor sold by the division department if
25the average return to the division department on all sales of
26alcoholic liquor does not exceed the wholesale price paid by
27the division department and the fifty percent markup.
28c. A split case charge in an amount determined by the
29division department when alcoholic liquor is sold in quantities
30which require a case to be split.
31d. A bottle surcharge in an amount sufficient, when added to
32the amount not refunded to class “E” retail alcohol licensees
33pursuant to section 455C.2, to pay the costs incurred by the
34division department for collecting and properly disposing of
35the liquor containers. The amount collected pursuant to this
-1323-1paragraph, in addition to any amounts not refunded to class “E”
2retail alcohol licensees pursuant to section 455C.2, shall be
3deposited in the beer and liquor control fund established under
4section 123.17.
53. a. The division department may accept from a class
6“E” retail alcohol licensee electronic funds transferred by
7automated clearing house, wire transfer, or another method
8deemed acceptable by the administrator director, in payment of
9alcoholic liquor. If a payment is subsequently dishonored,
10the division department shall cause a notice of nonpayment
11and penalty to be served upon the class “E” retail alcohol
12licensee or upon any person in charge of the licensed premises.
13The notice shall state that if payment or satisfaction for
14the dishonored payment is not made within ten days of the
15service of notice, the licensee’s retail alcohol license may
16be suspended under section 123.39. The notice of nonpayment
17and penalty shall be in a form prescribed by the administrator
18 director, and shall be sent by certified mail.
19b. If upon notice and hearing under section 123.39 and
20pursuant to the provisions of chapter 17A concerning a
21contested case hearing, the administrator director determines
22that the class “E” retail alcohol licensee failed to satisfy
23the obligation for which the payment was issued within ten days
24after the notice of nonpayment and penalty was served on the
25licensee as provided in paragraph “a” of this subsection, the
26administrator director may suspend the licensee’s class “E”
27retail alcohol license for a period not to exceed ten days.
284. The administrator director may refuse to sell alcoholic
29liquor to a class “E” retail alcohol licensee who tenders a
30payment which is subsequently dishonored until the outstanding
31obligation is satisfied.
32 Sec. 2380. Section 123.25, Code 2023, is amended to read as
33follows:
34123.25 Consumption on premises.
35An officer, clerk, agent, or employee of the division
-1324-1 department employed in a state-owned warehouse under this
2chapter shall not allow any alcoholic beverage to be consumed
3on the premises, nor shall a person consume any alcoholic
4liquor on the premises except for testing or sampling purposes
5only.
6 Sec. 2381. Section 123.26, Code 2023, is amended to read as
7follows:
8123.26 Restrictions on sales — seals — labeling.
9Alcoholic liquor shall not be sold by a class “E” retail
10alcohol licensee except in a sealed container with identifying
11markers as prescribed by the administrator director and affixed
12in the manner prescribed by the administrator director, and no
13such container shall be opened upon the premises of a state
14warehouse. The division department shall cooperate with the
15department of natural resources so that only one identifying
16marker or mark is needed to satisfy the requirements of this
17section and section 455C.5, subsection 1. Possession of
18alcoholic liquors which do not carry the prescribed identifying
19markers is a violation of this chapter except as provided in
20section 123.22.
21 Sec. 2382. Section 123.27, Code 2023, is amended to read as
22follows:
23123.27 Sales and deliveries prohibited.
24It is unlawful to transact the sale or delivery of alcoholic
25liquor in, on, or from the premises of a state warehouse:
261. After the closing hour as established by the
27administrator director.
282. On any legal holiday except those designated by the
29administrator director.
303. During other periods or days as designated by the
31administrator director.
32 Sec. 2383. Section 123.28, subsections 1 and 2, Code 2023,
33are amended to read as follows:
341. It is lawful to transport, carry, or convey alcoholic
35liquors from the place of purchase by the division department
-1325-1 to a state warehouse or depot established by the division
2 department or from one such place to another and, when so
3permitted by this chapter, it is lawful for the division
4 department, a common carrier, or other person to transport,
5carry, or convey alcoholic liquor sold from a state warehouse,
6depot, or point of purchase by the state to any place to which
7the liquor may be lawfully delivered under this chapter.
82. The division department shall deliver alcoholic liquor
9purchased by class “E” retail alcohol licensees. Class “E”
10retail alcohol licensees may deliver alcoholic liquor purchased
11by class “C”, class “D”, or class “F” retail alcohol licensees,
12and class “C”, class “D”, or class “F” retail alcohol licensees
13may transport alcoholic liquor purchased from class “E” retail
14alcohol licensees.
15 Sec. 2384. Section 123.29, subsection 1, Code 2023, is
16amended to read as follows:
171. This chapter does not prohibit the sale of patent and
18proprietary medicines, tinctures, food products, extracts,
19toiletries, perfumes, and similar products, which are not
20susceptible of use as a beverage, but which contain alcoholic
21liquor, wine, or beer as one of their ingredients. These
22products may be sold through ordinary wholesale and retail
23businesses without a license or permit issued by the division
24 department.
25 Sec. 2385. Section 123.30, subsections 1 and 2, Code 2023,
26are amended to read as follows:
271. a. A retail alcohol license may be issued to any person
28who is of good moral character as defined by this chapter.
29b. As a condition for issuance of a retail alcohol license
30or wine or beer permit, the applicant must give consent
31to members of the fire, police, and health departments
32and the building inspector of cities; the county sheriff
33or deputy sheriff; members of the department of public
34safety; representatives of the division department and of
35the department of inspections and appeals; certified police
-1326-1officers; and any official county health officer to enter upon
2areas of the premises where alcoholic beverages are stored,
3served, or sold, without a warrant during business hours of
4the licensee or permittee to inspect for violations of this
5chapter or ordinances and regulations that cities and boards
6of supervisors may adopt. However, a subpoena issued under
7section 421.17 or a warrant is required for inspection of
8private records, a private business office, or attached living
9quarters. Persons who are not certified peace officers shall
10limit the scope of their inspections of licensed premises
11to the regulatory authority under which the inspection is
12conducted. All persons who enter upon a licensed premises to
13conduct an inspection shall present appropriate identification
14to the owner of the establishment or the person who appears
15to be in charge of the establishment prior to commencing
16an inspection; however, this provision does not apply to
17undercover criminal investigations conducted by peace officers.
18c. As a further condition for the issuance of a class “E”
19retail alcohol license, the applicant shall post a bond in
20a sum of not less than five thousand nor more than fifteen
21thousand dollars as determined on a sliding scale established
22by the division department; however, a bond shall not be
23required if all purchases of alcoholic liquor from the division
24 department by the licensee are made by means that ensure that
25the division department will receive full payment in advance of
26delivery of the alcoholic liquor.
27d. A class “E” retail alcohol license may be issued to a
28city council for premises located within the limits of the city
29if there are no class “E” retail alcohol licensees operating
30within the limits of the city and no other applications for a
31class “E” license for premises located within the limits of
32the city at the time the city council’s application is filed.
33If a class “E” retail alcohol license is subsequently issued
34to a private person for premises located within the limits of
35the city, the city council shall surrender its license to the
-1327-1division department within one year of the date that the class
2“E” retail alcohol licensee begins operating, liquidate any
3remaining assets connected with the liquor store, and cease
4operating the liquor store.
52. A retail alcohol license shall not be issued for premises
6which do not constitute a safe and proper place or building
7and which do not conform to all applicable laws, ordinances,
8resolutions, and health and fire regulations. A licensee
9shall not have or maintain any interior access to residential
10or sleeping quarters unless permission is granted by the
11administrator director in the form of a living quarters permit.
12 Sec. 2386. Section 123.30, subsection 3, paragraph d,
13subparagraphs (1) and (5), Code 2023, are amended to read as
14follows:
15(1) A class “E” retail alcohol license may be issued and
16shall authorize the holder to purchase alcoholic liquor in
17original unopened containers from the division department
18 only, wine from a class “A” wine permittee only, and beer from
19a class “A” beer permittee only; to sell alcoholic liquor,
20wine, and beer in original unopened containers at retail to
21patrons for consumption off the licensed premises; and to sell
22alcoholic liquor and high alcoholic content beer at wholesale
23to other retail alcohol licensees, provided the holder has
24filed with the division department a basic permit issued by the
25alcohol and tobacco tax and trade bureau of the United States
26department of the treasury.
27(5) The division department may issue a class “E” retail
28alcohol license for premises covered by a retail alcohol
29license for on-premises consumption under any of the following
30circumstances:
31(a) If the premises are in a county having a population
32under nine thousand five hundred in which no other class
33“E” retail alcohol license has been issued by the division
34 department, and no other application for a class “E” retail
35alcohol license has been made within the previous twelve
-1328-1consecutive months.
2(b) If, notwithstanding any provision of this chapter to the
3contrary, the premises covered by a retail alcohol license is a
4grocery store that is at least five thousand square feet.
5 Sec. 2387. Section 123.31, subsection 1, unnumbered
6paragraph 1, Code 2023, is amended to read as follows:
7A person applying for a retail alcohol license shall submit a
8completed application electronically, or in a manner prescribed
9by the administrator director, which shall set forth under oath
10the following:
11 Sec. 2388. Section 123.31, 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. 2389. Section 123.31, subsection 2, paragraph d, Code
232023, is amended to read as follows:
24d. That the premises where the applicant intends to use the
25license conforms to all applicable laws, health regulations,
26and fire regulations, and constitutes a safe and proper place
27or building and that the applicant shall not have or maintain
28any interior access to residential or sleeping quarters unless
29permission is granted by the administrator director in the form
30of a living quarters permit.
31 Sec. 2390. Section 123.31A, subsection 3, unnumbered
32paragraph 1, Code 2023, is amended to read as follows:
33Subject to the rules of the division department, sales made
34pursuant to this section may be made in a container other
35than the original container only if all of the following
-1329-1requirements are met:
2 Sec. 2391. Section 123.31A, subsection 3, paragraph d, Code
32023, is amended to read as follows:
4d. The container to be sold shall be securely sealed
5by a method authorized by the division department that is
6designed so that if the sealed container is reopened or the
7seal tampered with, it is visibly apparent that the seal on the
8container of beer or wine has been tampered with or the sealed
9container has otherwise been reopened.
10 Sec. 2392. Section 123.31A, subsection 4, Code 2023, is
11amended to read as follows:
124. A container of beer or wine other than the original
13container that is sold and sealed in compliance with the
14requirements of subsection 3 and the division’s department’s
15 rules shall not be deemed an open container subject to the
16requirements of sections 321.284 and 321.284A if the sealed
17container is unopened and the seal has not been tampered with,
18and the contents of the container have not been partially
19removed.
20 Sec. 2393. Section 123.32, subsection 1, paragraph b,
21unnumbered paragraph 1, Code 2023, is amended to read as
22follows:
23A completed application for a class “D” retail alcohol
24license and for any of the following certificates, licenses,
25or permits shall be submitted to the division department
26 electronically, or in a manner prescribed by the administrator
27 director, which shall proceed in the same manner as in the case
28of an application approved by local authorities:
29 Sec. 2394. Section 123.32, subsections 2, 6, 7, 8, and 9,
30Code 2023, are amended to read as follows:
312. Action by local authorities. The local authority
32shall either approve or disapprove the issuance of a retail
33alcohol license, shall endorse its approval or disapproval
34on the application, and shall forward the application with
35the necessary fee and bond, if required, to the division
-1330-1 department. There is no limit upon the number of retail
2alcohol licenses which may be approved for issuance by local
3authorities.
46. Action by administrator director.
5a. Upon receipt of an application having been disapproved by
6the local authority, the administrator director shall notify
7the applicant that the applicant may appeal the disapproval of
8the application to the administrator director. The applicant
9shall be notified by certified mail or personal service, and
10the application, the fee, and any bond shall be returned to the
11applicant.
12b. Upon receipt of an application having been approved by
13the local authority, the division department shall make an
14investigation as the administrator director deems necessary to
15determine that the applicant complies with all requirements
16for holding a license, and may require the applicant to appear
17to be examined under oath to demonstrate that the applicant
18complies with all of the requirements to hold a license. If
19the administrator director requires the applicant to appear
20and to testify under oath, a record shall be made of all
21testimony or evidence and the record shall become a part of the
22application. The administrator director may appoint a member
23of the division department or may request an administrative
24law judge of the department of inspections and appeals to
25receive the testimony under oath and evidence, and to issue a
26proposed decision to approve or disapprove the application for
27a license. The administrator director may affirm, reverse,
28or modify the proposed decision to approve or disapprove the
29application for the license. If the application is approved by
30the administrator director, the license shall be issued. If
31the application is disapproved by the administrator director,
32the applicant shall be so notified by certified mail or
33personal service and the appropriate local authority shall
34be notified electronically, or in a manner prescribed by the
35administrator director.
-1331- 17. Appeal to administrator director. An applicant for a
2retail alcohol license may appeal from the local authority’s
3disapproval of an application for a license or permit to the
4administrator director. In the appeal the applicant shall
5be allowed the opportunity to demonstrate in an evidentiary
6hearing conducted pursuant to chapter 17A that the applicant
7complies with all of the requirements for holding the license
8or permit. The administrator director may appoint a member of
9the division department or may request an administrative law
10judge from the department of inspections and appeals to conduct
11the evidentiary hearing and to render a proposed decision to
12approve or disapprove the issuance of the license or permit.
13The administrator director may affirm, reverse, or modify the
14proposed decision. If the administrator director determines
15that the applicant complies with all of the requirements
16for holding a license or permit, the administrator director
17 shall order the issuance of the license or permit. If the
18administrator director determines that the applicant does not
19comply with the requirements for holding a license or permit,
20the administrator director shall disapprove the issuance of the
21license or permit.
228. Judicial review. The applicant or the local
23authority may seek judicial review of the action of the
24administrator director in accordance with the terms of the Iowa
25administrative procedure Act, chapter 17A. Notwithstanding
26the terms of the Iowa administrative procedure Act, chapter
2717A, petitions for judicial review may be filed in the
28district court of the county where the premises covered by the
29application are situated.
309. Suspension by local authority. A retail alcohol licensee
31whose license has been suspended or revoked or a civil penalty
32imposed by a local authority for a violation of this chapter
33or suspended by a local authority for violation of a local
34ordinance may appeal the suspension, revocation, or civil
35penalty to the administrator director. The administrator
-1332-1 director may appoint a member of the division department or
2may request an administrative law judge from the department
3of inspections and appeals to hear the appeal which shall
4be conducted in accordance with chapter 17A and to issue a
5proposed decision. The administrator director may review the
6proposed decision upon the motion of a party to the appeal or
7upon the administrator’s director’s own motion in accordance
8with chapter 17A. Upon review of the proposed decision, the
9administrator director may affirm, reverse, or modify the
10proposed decision. A retail alcohol licensee or a local
11authority aggrieved by a decision of the administrator director
12 may seek judicial review of the decision pursuant to chapter
1317A.
14 Sec. 2395. Section 123.33, Code 2023, is amended to read as
15follows:
16123.33 Records.
17Every holder of a license or permit under this chapter
18shall maintain records, in printed or electronic format,
19which include income statements, balance sheets, purchase and
20sales invoices, purchase and sales ledgers, and any other
21records as the administrator director may require. The records
22required and the premises of the licensee or permittee shall be
23accessible and open to inspection pursuant to section 123.30,
24subsection 1, during normal business hours of the licensee or
25permittee.
26 Sec. 2396. Section 123.34, subsection 1, paragraph a, Code
272023, is amended to read as follows:
28a. The administrator director may issue eight-month seasonal
29class “C”, special class “C”, class “D”, and class “F” retail
30alcohol licenses.
31 Sec. 2397. Section 123.34, subsection 2, paragraph a, Code
322023, is amended to read as follows:
33a. The administrator director may issue fourteen-day class
34“C”, special class “C”, class “D”, and class “F” retail alcohol
35licenses.
-1333-1 Sec. 2398. Section 123.34, subsection 3, paragraph a, Code
22023, is amended to read as follows:
3a. The administrator director may issue five-day class “C”,
4special class “C”, class “D”, and class “F” retail alcohol
5licenses.
6 Sec. 2399. Section 123.35, subsection 2, unnumbered
7paragraph 1, Code 2023, is amended to read as follows:
8Notwithstanding section 123.31 and any other provision
9of this chapter to the contrary, a class “E” retail alcohol
10license shall automatically renew without the endorsement of
11a local authority or approval by the administrator director
12 upon collection of the annual fee by the division department,
13provided all of the following conditions are met since the
14preceding license was issued:
15 Sec. 2400. Section 123.35, subsection 2, paragraphs a, e,
16and h, Code 2023, are amended to read as follows:
17a. The licensee has given written consent to the division
18 department to have the license automatically renewed as
19provided in this section.
20e. The licensee has not submitted payment for alcoholic
21liquor to the division department that was subsequently
22dishonored.
23h. A local authority has not notified the division
24 department, in a manner established by the division department
25 and made available to local authorities, that automatic renewal
26should not occur and that further review of the licensee by
27the division department and the applicable local authority is
28warranted.
29 Sec. 2401. Section 123.35, subsection 3, unnumbered
30paragraph 1, Code 2023, is amended to read as follows:
31Notwithstanding sections 123.23, 123.135, 123.180, and any
32other provision of this chapter to the contrary, a distiller’s,
33brewer’s, or vintner’s certificate of compliance shall
34automatically renew without approval by the administrator
35 director upon collection of the annual fee by the division
-1334-1 department, provided all of the following conditions are met
2since the preceding certificate was issued:
3 Sec. 2402. Section 123.35, subsection 3, paragraph a, Code
42023, is amended to read as follows:
5a. The certificate holder has given written consent to
6the division department to have the certificate automatically
7renewed as provided in this section.
8 Sec. 2403. Section 123.35, subsection 4, unnumbered
9paragraph 1, Code 2023, is amended to read as follows:
10Notwithstanding section 123.187 and any other provision of
11this chapter to the contrary, a wine direct shipper’s permit
12shall automatically renew without approval by the administrator
13 director upon collection of the annual fee by the division
14 department, provided all of the following conditions are met
15since the preceding permit was issued:
16 Sec. 2404. Section 123.35, subsection 4, paragraph a, Code
172023, is amended to read as follows:
18a. The permittee has given written consent to the division
19 department to have the permit automatically renewed as provided
20in this section.
21 Sec. 2405. Section 123.36, subsection 1, unnumbered
22paragraph 1, Code 2023, is amended to read as follows:
23The following fees shall be paid to the division department
24 annually for retail alcohol licenses issued under section
25123.30:
26 Sec. 2406. Section 123.36, subsection 2, Code 2023, is
27amended to read as follows:
282. The division department shall credit all fees to the beer
29and liquor control fund. The division department shall remit
30to the appropriate local authority a sum equal to sixty-five
31percent of the fees collected for each class “B”, class “C”,
32or class “F” license except special class “C” licenses or
33class “E” licenses, covering premises located within the local
34authority’s jurisdiction. The division department shall remit
35to the appropriate local authority a sum equal to seventy-five
-1335-1percent of the fees collected for each special class “C”
2license covering premises located within the local authority’s
3jurisdiction. Those fees collected for each class “E” retail
4alcohol license shall be credited to the beer and liquor
5control fund.
6 Sec. 2407. Section 123.37, subsections 2, 3, and 4, Code
72023, are amended to read as follows:
82. The administrator director may compromise and settle
9doubtful and disputed claims for taxes imposed under
10this chapter or for taxes of doubtful collectibility,
11notwithstanding section 7D.9. The administrator director may
12enter into informal settlements pursuant to section 17A.10 to
13compromise and settle doubtful and disputed claims for taxes
14imposed under this chapter. The administrator director may
15make a claim under a licensee’s or permittee’s penal bond for
16taxes of doubtful collectibility. Whenever a compromise or
17settlement is made, the administrator director shall make a
18complete record of the case showing the tax assessed, reports
19and audits, if any, the licensee’s or permittee’s grounds for
20dispute or contest, together with all evidence of the dispute
21or contest, and the amounts, conditions, and settlement or
22compromise of the dispute or contest.
233. A licensee or permittee who disputes the amount of tax
24imposed must pay all tax and penalty pertaining to the disputed
25tax liability prior to appealing the disputed tax liability to
26the administrator director.
274. The administrator director shall adopt rules
28establishing procedures for payment of disputed taxes imposed
29under this chapter. If it is determined that the tax is not
30due in whole or in part, the division department shall promptly
31refund the part of the tax payment which is determined not to
32be due.
33 Sec. 2408. Section 123.38, subsection 1, Code 2023, is
34amended to read as follows:
351. A retail alcohol license, wine permit, or beer permit
-1336-1is a personal privilege and is revocable for cause. It is not
2property nor is it subject to attachment and execution nor
3alienable nor assignable, and it shall cease upon the death
4of the permittee or licensee. However, the administrator of
5the division director may in the administrator’s director’s
6 discretion allow the executor or administrator of the estate of
7a permittee or licensee to operate the business of the decedent
8for a reasonable time not to exceed the expiration date of the
9permit or license. Every permit or license shall be issued in
10the name of the applicant and no person holding a permit or
11license shall allow any other person to use it.
12 Sec. 2409. Section 123.38, subsection 2, paragraph a,
13unnumbered paragraph 1, Code 2023, is amended to read as
14follows:
15Any licensee or permittee, or the executor or administrator
16of the estate of a licensee or permittee, or any person duly
17appointed by the court to take charge of and administer the
18property or assets of the licensee or permittee for the benefit
19of the licensee’s or permittee’s creditors, may voluntarily
20surrender a license or permit to the division department. When
21a license or permit is surrendered, the division department
22 shall notify the local authority, and the division department
23 or the local authority shall refund to the person surrendering
24the license or permit, a proportionate amount of the fee
25received by the division department or the local authority for
26the license or permit as follows:
27 Sec. 2410. Section 123.38, subsection 2, paragraphs b and c,
28Code 2023, are amended to read as follows:
29b. For purposes of this subsection, any portion of license
30or permit fees used for the purposes authorized in section
31331.424, subsection 1, paragraph “a”, subparagraphs (1) and
32(2), shall not be deemed received either by the division
33 department or by a local authority.
34c. No refund shall be made to any licensee or permittee upon
35the surrender of the license or permit if there is at the time
-1337-1of surrender a complaint filed with the division department
2 or local authority charging the licensee or permittee with a
3violation of this chapter.
4 Sec. 2411. Section 123.38, subsection 3, Code 2023, is
5amended to read as follows:
63. The local authority may in its discretion authorize a
7licensee or permittee to transfer the license or permit from
8one location to another within the same incorporated city,
9or within a county outside the corporate limits of a city,
10provided that the premises to which the transfer is to be made
11would have been eligible for a license or permit in the first
12instance and such transfer will not result in the violation
13of any law. All transfers authorized, and the particulars
14of same, shall be reported to the administrator director
15 by the local authority. The administrator director may by
16rule establish a uniform transfer fee to be assessed by all
17local authorities upon licensees or permittees to cover the
18administrative costs of such transfers, such fee to be retained
19by the local authority involved.
20 Sec. 2412. Section 123.38A, Code 2023, is amended to read
21as follows:
22123.38A Confidential investigative records.
23In order to assure a free flow of information for
24accomplishing the purposes of section 123.4 and section
25123.9, subsection 6, all complaint information, investigation
26files, audit files, and inspection files, other investigation
27reports, and other investigative information in the possession
28of the division department or employees acting under the
29authority of the administrator director under this chapter
30 are privileged and confidential, and are not subject to
31discovery, subpoena, or other means of legal compulsion for
32their release before administrative or criminal charges are
33filed. However, investigative information in the possession
34of division department employees under this chapter may be
35disclosed to the licensing authorities of a city or county
-1338-1within this state, in another state, the District of Columbia,
2or territory or county in which the licensee or permittee is
3licensed or permitted or has applied for a license or permit.
4In addition, the investigative information can be shared with
5any law enforcement agency or other state agency that also
6has investigative, regulatory, or enforcement jurisdiction
7authorized by law. Records received by the division department
8for purposes of this chapter from other agencies which would
9be confidential if created by the division department are
10considered confidential.
11 Sec. 2413. Section 123.39, subsections 1 and 4, Code 2023,
12are amended to read as follows:
131. a. (1) The administrator director or the local
14authority may suspend a class “B”, special class “B” native
15wine, class “C”, special class “C”, class “E”, or class “F”
16retail alcohol license, or charity beer, spirits, and wine
17special event license for a period not to exceed one year,
18revoke the license, or impose a civil penalty not to exceed one
19thousand dollars per violation.
20(2) The administrator director may suspend a certificate
21of compliance, a class “D” retail alcohol license, a
22manufacturer’s license, a broker’s permit, a class “A” native
23distilled spirits license, a class “A” or special class “A”
24beer permit, a class “A” wine permit, a wine direct shipper’s
25permit, or a wine carrier permit for a period not to exceed one
26year, revoke the license, permit, or certificate, or impose a
27civil penalty not to exceed one thousand dollars per violation.
28b. A license, permit, or certificate of compliance issued
29under this chapter may be suspended or revoked, or a civil
30penalty may be imposed for any of the following causes:
31(1) Misrepresentation of any material fact in the
32application for the license, permit, or certificate.
33(2) Violation of any of the provisions of this chapter.
34(3) Any change in the ownership or interest in the business
35operated under a retail alcohol license which change was not
-1339-1previously reported in a manner prescribed by the administrator
2 director within thirty days of the change and subsequently
3approved by the local authority, when applicable, and the
4division department.
5(4) An event which would have resulted in disqualification
6from receiving the license, permit, or certificate when
7originally issued.
8(5) Any sale, hypothecation, or transfer of the license,
9permit, or certificate.
10(6) The failure or refusal on the part of any license,
11permit, or certificate holder to render any report or remit any
12taxes to the division department under this chapter when due.
13c. A criminal conviction is not a prerequisite to
14suspension, revocation, or imposition of a civil penalty
15pursuant to this section.
16d. A local authority which acts pursuant to this section,
17section 123.32, or section 123.50 shall notify the division
18 department in writing of the action taken, and shall notify the
19license or permit holder of the right to appeal a suspension,
20revocation, or imposition of a civil penalty to the division
21 department.
22e. Before suspension, revocation, or imposition of a civil
23penalty by the administrator director, the license, permit,
24or certificate holder shall be given written notice and an
25opportunity for a hearing. The administrator director may
26appoint a member of the division department or may request an
27administrative law judge from the department of inspections
28and appeals to conduct the hearing and issue a proposed
29decision. Upon the motion of a party to the hearing or upon
30the administrator’s director’s own motion, the administrator
31 director may review the proposed decision in accordance
32with chapter 17A. Upon review of the proposed decision, the
33administrator director may affirm, reverse, or modify the
34proposed decision. A license, permit, or certificate holder
35aggrieved by a decision of the administrator director may seek
-1340-1judicial review of the administrator’s director’s decision in
2accordance with chapter 17A.
3f. Civil penalties imposed and collected by the local
4authority under this section shall be retained by the local
5authority. Civil penalties imposed and collected by the
6division department under this section shall be credited to
7the general fund of the state pursuant to section 123.17,
8subsection 9.
94. If the cause for suspension is a first offense
10violation of section 123.49, subsection 2, paragraph “h”,
11the administrator director or local authority shall impose a
12civil penalty in the amount of five hundred dollars in lieu of
13suspension of the license or permit.
14 Sec. 2414. Section 123.41, subsections 1, 2, 3, and 4, Code
152023, are amended to read as follows:
161. Each completed application to obtain or renew a
17manufacturer’s license shall be submitted to the division
18 department electronically, or in a manner prescribed by the
19administrator director, and shall be accompanied by a fee of
20three hundred dollars payable to the division department. The
21administrator director may in accordance with this chapter
22grant and issue to a manufacturer a manufacturer’s license,
23valid for a one-year period after date of issuance, which shall
24allow the manufacture, storage, and wholesale disposition and
25sale of alcoholic liquors to the division department and to
26customers outside of the state.
272. As a condition precedent to the approval and granting
28of a manufacturer’s license, an applicant shall file with the
29division department a basic permit issued by the alcohol and
30tobacco tax and trade bureau of the United States department
31of the treasury, and a statement under oath that the applicant
32will faithfully observe and comply with all laws, rules, and
33regulations governing the manufacture and sale of alcoholic
34liquor.
353. A person who holds an experimental distilled spirits
-1341-1plant permit or its equivalent issued by the alcohol and
2tobacco tax and trade bureau of the United States department
3of the treasury may produce alcohol for use as fuel without
4obtaining a manufacturer’s license from the division
5 department.
64. A person who holds a manufacturer’s license shall file
7with the division department, on or before the fifteenth day of
8each calendar month, all documents filed by the manufacturer
9with the alcohol and tobacco tax and trade bureau of the United
10States department of the treasury, including all production,
11storage, and processing reports.
12 Sec. 2415. Section 123.42, subsections 1 and 2, Code 2023,
13are amended to read as follows:
141. Prior to representing or promoting alcoholic liquor
15products in the state, the broker shall submit a completed
16application to the division department electronically, or in a
17manner prescribed by the administrator director, for a broker’s
18permit. The administrator director may in accordance with this
19chapter issue a broker’s permit which shall be valid for one
20year from the date of issuance unless it is sooner suspended or
21revoked for a violation of this chapter.
222. At the time of applying for a broker’s permit, each
23applicant shall submit to the division department a list of
24names and addresses of all manufacturers, distillers, and
25importers whom the applicant has been appointed to represent
26in the state of Iowa for any purpose. The listing shall be
27amended by the broker as necessary to keep the listing current
28with the division department.
29 Sec. 2416. Section 123.43, subsection 1, unnumbered
30paragraph 1, Code 2023, is amended to read as follows:
31A person applying for a class “A” native distilled spirits
32license shall submit an application electronically, or in a
33manner prescribed by the administrator director, which shall
34set forth under oath the following:
35 Sec. 2417. Section 123.43, subsection 1, paragraphs e and g,
-1342-1Code 2023, are amended to read as follows:
2e. When required by the administrator director, and in
3such form and containing such information as the administrator
4 director may require, a description of the premises where the
5applicant intends to use the license, to include a sketch or
6drawing of the premises and, if applicable, the number of
7square feet of interior floor space which comprises the retail
8sales area of the premises.
9g. Any other information as required by the administrator
10 director.
11 Sec. 2418. Section 123.43, subsection 2, unnumbered
12paragraph 1, Code 2023, is amended to read as follows:
13Except as otherwise provided in this chapter, the
14administrator director shall issue a class “A” native distilled
15spirits license to any applicant who establishes all of the
16following:
17 Sec. 2419. Section 123.43, subsection 2, paragraph d, Code
182023, is amended to read as follows:
19d. That the applicant has filed with the division department
20 a basic permit issued by the alcohol and tobacco tax and trade
21bureau of the United States department of the treasury, and
22that the applicant will faithfully observe and comply with all
23laws, rules, and regulations governing the manufacture and sale
24of alcoholic liquor.
25 Sec. 2420. Section 123.43A, subsections 1, 3, 4, and 5, Code
262023, are amended to read as follows:
271. Subject to rules of the division department, a native
28distillery holding a class “A” native distilled spirits license
29issued pursuant to section 123.43 may sell or offer for sale
30native distilled spirits. As provided in this section, sales
31of native distilled spirits manufactured on the premises may
32be made at retail for off-premises consumption when sold on
33the premises of the native distillery that manufactures native
34distilled spirits. All sales intended for resale in this
35state shall be made through the state’s wholesale distribution
-1343-1system.
23. A native distillery shall not sell native distilled
3spirits other than as permitted in this chapter and shall
4not allow native distilled spirits sold for consumption off
5the premises to be consumed upon the premises of the native
6distillery. However, native distilled spirits may be tasted
7pursuant to the rules of the division department on the
8premises where fermented, distilled, or matured, when no charge
9is made for the tasting.
104. The sale of native distilled spirits to the division
11 department for wholesale disposition and sale by the division
12 department shall be subject to the requirements of this chapter
13regarding such disposition and sale.
145. A native distillery issued a class “A” native distilled
15spirits license shall file with the division department, on or
16before the fifteenth day of each calendar month, all documents
17filed by the native distillery with the alcohol and tobacco
18tax and trade bureau of the United States department of the
19treasury, including all production, storage, and processing
20reports.
21 Sec. 2421. Section 123.44, Code 2023, is amended to read as
22follows:
23123.44 Gifts prohibited.
24A manufacturer or broker shall not give away alcoholic
25liquor at any time in connection with the manufacturer’s or
26broker’s business except for testing or sampling purposes only.
27A manufacturer, distiller, vintner, brewer, broker, wholesaler,
28or importer, organized as a corporation pursuant to the laws of
29this state or any other state, who deals in alcoholic beverages
30subject to regulation under this chapter shall not offer or
31give anything of value to a commission member, official or
32employee of the division department under this chapter, or
33directly or indirectly contribute in any manner any money or
34thing of value to a person seeking a public or appointive
35office or a recognized political party or a group of persons
-1344-1seeking to become a recognized political party.
2 Sec. 2422. Section 123.46A, subsection 2, Code 2023, is
3amended to read as follows:
42. Licensees authorized to sell wine, beer, or mixed drinks
5or cocktails for consumption off the licensed premises in a
6container other than the original container may deliver the
7wine, beer, or mixed drinks or cocktails to a home or other
8designated location in this state only if the container other
9than the original container has been sold and securely sealed
10in compliance with this chapter or the rules of the division
11 department. Deliveries shall be limited to alcoholic beverages
12authorized by the licensee’s license or permit.
13 Sec. 2423. Section 123.46A, subsection 3, paragraph g, Code
142023, is amended to read as follows:
15g. Delivery of alcoholic liquor, wine, beer, or mixed drinks
16or cocktails shall be made by the licensee, the licensee’s
17employee, or a third party, provided the licensee has entered
18into a written agreement with the third party that authorizes
19the third party to act as an agent of the licensee for the
20purpose of delivering alcoholic liquor, wine, beer, or mixed
21drinks or cocktails. Each licensee shall submit to the
22division department electronically, or in a manner prescribed
23by the administrator director, a list of names and addresses of
24all third parties it has authorized to act as its agent for the
25purpose of delivering alcoholic liquor, wine, beer, or mixed
26drinks or cocktails. The licensee shall provide the division
27 department with amendments to the list as necessary to ensure
28the division department possesses an accurate, current list.
29 Sec. 2424. Section 123.49, subsection 2, paragraph d,
30subparagraphs (1), (2), and (3), Code 2023, are amended to read
31as follows:
32(1) Keep on premises covered by a retail alcohol license any
33alcoholic liquor in any container except the original package
34purchased from the division department, and except mixed drinks
35or cocktails mixed on the premises for immediate consumption
-1345-1on the licensed premises or as otherwise provided by this
2paragraph “d”. This prohibition does not apply to holders
3of a class “D” retail alcohol license or to alcoholic liquor
4delivered in accordance with section 123.46A.
5(2) Mixed drinks or cocktails mixed on the premises that are
6not for immediate consumption may be consumed on the licensed
7premises subject to the requirements of this subparagraph
8pursuant to rules adopted by the division department. The
9rules shall provide that the mixed drinks or cocktails be
10stored, for no longer than seventy-two hours, in a labeled
11container in a quantity that does not exceed three gallons.
12The rules shall also provide that added flavors and other
13nonbeverage ingredients included in the mixed drinks or
14cocktails shall not include hallucinogenic substances or added
15caffeine or other added stimulants including but not limited to
16guarana, ginseng, and taurine. The rules shall also require
17that the licensee keep records as to when the contents in
18a particular container were mixed and the recipe used for
19that mixture. In addition, mixed drinks or cocktails mixed
20on the premises pursuant to this subparagraph may be sold
21for consumption off the licensed premises as provided in and
22subject to the requirements of subparagraph (3).
23(3) Mixed drinks or cocktails mixed on premises covered
24by a class “C” retail alcohol license for consumption off the
25licensed premises may be sold if the mixed drink or cocktail is
26immediately filled in a sealed container and is promptly taken
27from the licensed premises prior to consumption of the mixed
28drink or cocktail. A mixed drink or cocktail that is sold in a
29sealed container in compliance with the requirements of this
30subparagraph and rules adopted by the division department shall
31not be deemed an open container subject to the requirements
32of sections 321.284 and 321.284A if the sealed container is
33unopened and the seal has not been tampered with, and the
34contents of the container have not been partially removed.
35 Sec. 2425. Section 123.50, subsection 2, Code 2023, is
-1346-1amended to read as follows:
22. The conviction of any retail alcohol licensee for a
3violation of any of the provisions of section 123.49, subject
4to subsection 3 of this section, is grounds for the suspension
5or revocation of the license or permit by the division
6 department or the local authority. However, if any retail
7alcohol licensee is convicted of any violation of section
8123.49, subsection 2, paragraph “a” or “e”, or any retail
9alcohol licensee, excluding a special class “B” or class “D”
10retail alcohol licensee, is convicted of a violation of section
11123.49, subsection 2, paragraph “d”, the retail alcohol license
12shall be revoked and shall immediately be surrendered by the
13holder, and the bond, if any, of the license holder shall be
14forfeited to the division department. However, the division
15 department shall retain only that portion of the bond equal
16to the amount the division department determines the license
17holder owes the division department.
18 Sec. 2426. Section 123.50, subsection 3, unnumbered
19paragraph 1, Code 2023, is amended to read as follows:
20If any retail alcohol licensee or employee of a licensee is
21convicted or found in violation of section 123.49, subsection
222, paragraph “h”, the administrator director or local authority
23shall, in addition to criminal penalties fixed for violations
24by this section, assess a civil penalty as follows:
25 Sec. 2427. Section 123.50, subsection 4, Code 2023, is
26amended to read as follows:
274. In addition to any other penalties imposed under this
28chapter, the division department shall assess a civil penalty
29up to the amount of five thousand dollars upon a class “E”
30retail alcohol licensee when the class “E” retail alcohol
31license is revoked for a violation of section 123.59. Failure
32to pay the civil penalty as required under this subsection
33shall result in forfeiture of the bond to the division
34 department. However, the division department shall retain
35only that portion of the bond equal to the amount the division
-1347-1 department determines the license or permit holder owes the
2division department.
3 Sec. 2428. Section 123.50A, subsections 1, 2, and 4, Code
42023, are amended to read as follows:
51. If sufficient funding is appropriated, the division
6 department shall develop an alcohol compliance employee
7training program, not to exceed two hours in length for
8employees and prospective employees of licensees and
9permittees, to inform the employees about state laws and
10regulations regarding the sale of alcoholic beverages to
11persons under legal age, and compliance with and the importance
12of laws regarding the sale of alcoholic beverages to persons
13under legal age. In developing the alcohol compliance employee
14training program, the division department may consult with
15stakeholders who have expertise in the laws and regulations
16regarding the sale of alcoholic beverages to persons under
17legal age.
182. The alcohol compliance employee training program shall
19be made available to employees and prospective employees
20of licensees and permittees at no cost to the employee,
21the prospective employee, or the licensee or permittee, and
22in a manner which is as convenient and accessible to the
23extent practicable throughout the state so as to encourage
24attendance. Contingent upon the availability of specified
25funds for provision of the program, the division department
26 shall schedule the program on at least a monthly basis and the
27program shall be available at a location in at least a majority
28of counties.
294. The division department shall also offer periodic
30continuing employee training and recertification for employees
31who have completed initial training and received an initial
32certificate of completion as part of the alcohol compliance
33employee training program.
34 Sec. 2429. Section 123.56, subsections 3 and 4, Code 2023,
35are amended to read as follows:
-1348- 13. Upon filing a suit in equity in district court pursuant
2to subsection 2, the county attorney or city attorney shall
3notify the administrator director of the action. Upon
4receiving notice, the administrator director shall issue an
5order reducing the hours during which alcoholic beverages may
6be sold or consumed at retail on the licensed premises to
7between 6:00 a.m.and 10:00 p.m.each day of the week during
8the pendency of the action in equity. The county attorney or
9city attorney shall notify the administrator director of any
10final action or judgment entered resulting from the action.
114. In an action seeking abatement of a public safety
12nuisance as provided in this section, evidence of other
13current violations of this chapter may be received by the
14court and considered in determining the remedial provisions
15of any abatement order. In addition, evidence of prior
16sanctions, violations of law, nuisance behavior, or general
17reputation relating to the licensed premises may be admissible
18in determining the reasonableness of remedial provisions of an
19abatement order. However, evidence of a prior conviction of
20the licensee, managers, employees, or contemporaneous patrons
21and guests is not necessary for purposes of considering or
22issuing an abatement order under this section. In an action
23under this section, the administrator director may submit
24to the court a report as evidence on behalf of the division
25 department regarding the compliance history of the licensee or
26permittee for consideration by the court.
27 Sec. 2430. Section 123.57, Code 2023, is amended to read as
28follows:
29123.57 Examination of accounts.
30The financial condition and transactions of all offices,
31departments, warehouses, and depots of concerning the division
32 alcohol beverage control activities of the department shall be
33examined at least once each year by the state auditor and at
34shorter periods if requested by the administrator director,
35governor, commission, or the general assembly’s standing
-1349-1committees on government oversight.
2 Sec. 2431. Section 123.58, Code 2023, is amended to read as
3follows:
4123.58 Auditing.
5All provisions of sections 11.6, 11.11, 11.14, 11.21,
611.31, and 11.41, relating to auditing of financial records
7of governmental subdivisions which are not inconsistent with
8this chapter are applicable to the division department and its
9offices, warehouses, and depots under this chapter.
10 Sec. 2432. Section 123.92, subsection 1, paragraph a, Code
112023, is amended to read as follows:
12a. Subject to the limitation amount specified in paragraph
13“c”, if applicable, any third party who is not the intoxicated
14person who caused the injury at issue and who is injured in
15person or property or means of support by an intoxicated person
16or resulting from the intoxication of a person, has a right of
17action for damages actually sustained, severally or jointly
18against any licensee or permittee, whether or not the license
19or permit was issued by the division department or by the
20licensing authority of any other state, who sold and served any
21alcoholic beverage directly to the intoxicated person, provided
22that the person was visibly intoxicated at the time of the sale
23or service.
24 Sec. 2433. Section 123.92, subsection 2, paragraphs a and c,
25Code 2023, are amended to read as follows:
26a. Every retail alcohol licensee, except a class “B”,
27special class “B”, or class “E” retail alcohol licensee, shall
28furnish proof of financial responsibility by the existence of
29a liability insurance policy in an amount determined by the
30division department. If an insurer provides dramshop liability
31insurance at a new location to a licensee or permittee who has
32a positive loss experience at other locations for which such
33insurance is provided by the insurer, and the insurer bases
34premium rates at the new location on the negative loss history
35of the previous licensee at that location, the insurer shall
-1350-1examine and consider adjusting the premium for the new location
2not less than thirty months after the insurance is issued,
3based on the loss experience of the licensee at that location
4during that thirty-month period of time.
5c. The purpose of dramshop liability insurance is to provide
6protection for members of the public who experience damages as
7a result of licensees serving patrons any alcoholic beverage
8to a point that reaches or exceeds the standard set forth in
9law for liability. Minimum coverage requirements for such
10insurance are not for the purpose of making the insurance
11affordable for all licensees regardless of claims experience.
12A dramshop liability insurance policy obtained by a licensee
13shall meet the minimum insurance coverage requirements as
14determined by the division department and is a mandatory
15condition for holding a license.
16 Sec. 2434. Section 123.95, subsection 2, paragraph a, Code
172023, is amended to read as follows:
18a. The holder of an annual class “C” retail alcohol license
19may act as the agent of a private social host for the purpose
20of providing and serving alcoholic beverages as part of a food
21catering service for a private social gathering in a private
22place, provided the licensee has applied for and been granted a
23catering privilege by the division department. The holder of
24an annual special class “C” retail alcohol license shall not
25act as the agent of a private social host for the purpose of
26providing and serving wine and beer as part of a food catering
27service for a private social gathering in a private place. An
28applicant for a class “C” retail alcohol license shall state
29on the application for the license that the licensee intends
30to engage in catering food and alcoholic beverages for private
31social gatherings and the catering privilege shall be noted on
32the license.
33 Sec. 2435. Section 123.125, Code 2023, is amended to read
34as follows:
35123.125 Issuance of beer permits.
-1351- 1The administrator director shall issue class “A” and special
2class “A” beer permits and may suspend or revoke permits for
3cause as provided in this chapter.
4 Sec. 2436. Section 123.126A, subsection 2, Code 2023, is
5amended to read as follows:
62. Notwithstanding any provision of this chapter to the
7contrary, a manufacturer of beer may obtain and possess
8alcoholic liquor from the division department for the purpose
9of manufacturing canned cocktails.
10 Sec. 2437. Section 123.127, subsection 1, unnumbered
11paragraph 1, Code 2023, is amended to read as follows:
12A person applying for a class “A” or special class “A” beer
13permit shall submit a completed application electronically, or
14in a manner prescribed by the administrator director, which
15shall set forth under oath the following:
16 Sec. 2438. Section 123.127, subsection 1, paragraphs e and
17g, Code 2023, are amended to read as follows:
18e. When required by the administrator director, and in
19such form and containing such information as the administrator
20 director may require, a description of the premises where
21the applicant intends to use the permit, to include a sketch
22or drawing of the premises and, if applicable, the number of
23square feet of interior floor space which comprises the retail
24sales area of the premises.
25g. Any other information as required by the administrator
26 director.
27 Sec. 2439. Section 123.127, subsection 2, unnumbered
28paragraph 1, Code 2023, is amended to read as follows:
29The administrator director shall issue a class “A” or
30special class “A” beer permit to any applicant who establishes
31all of the following:
32 Sec. 2440. Section 123.127, subsection 2, paragraphs d and
33g, Code 2023, are amended to read as follows:
34d. That the applicant has filed with the division department
35 a basic permit issued by the alcohol and tobacco tax and trade
-1352-1bureau of the United States department of the treasury, and
2that the applicant will faithfully observe and comply with all
3laws, rules, and regulations governing the manufacture and sale
4of beer.
5g. That the applicant has submitted a bond in the amount
6of ten thousand dollars in a manner prescribed by the
7administrator director with good and sufficient sureties to be
8approved by the division department conditioned upon compliance
9with this chapter.
10 Sec. 2441. Section 123.130, subsection 1, paragraph a, Code
112023, is amended to read as follows:
12a. Any person holding a class “A” beer permit issued by
13the division department shall be authorized to manufacture
14and sell, or sell at wholesale, beer for consumption off the
15premises, such sales within the state to be made only to
16persons holding a subsisting class “A” beer permit, or retail
17alcohol licenses, excluding a special class “B” retail native
18wine license, issued in accordance with the provisions of this
19chapter. However, a person holding a class “A” beer permit
20issued by the division department who also holds a brewer’s
21notice issued by the alcohol and tobacco tax and trade bureau
22of the United States department of the treasury shall be
23authorized to sell, at wholesale, no more than thirty thousand
24barrels of beer on an annual basis for consumption off the
25premises to a licensee authorized under this chapter to sell
26beer at retail.
27 Sec. 2442. Section 123.130, subsection 5, Code 2023, is
28amended to read as follows:
295. A manufacturer of beer issued a class “A” or special
30class “A” beer permit shall file with the division department,
31on or before the fifteenth day of each calendar month, all
32documents filed with the alcohol and tobacco tax and trade
33bureau of the United States department of the treasury,
34including all brewer’s operation and excise tax return reports.
35 Sec. 2443. Section 123.135, subsections 1, 2, and 3, Code
-1353-12023, are amended to read as follows:
21. A manufacturer, brewer, bottler, importer, or vendor of
3beer, or any agent thereof, desiring to ship or sell beer, or
4have beer brought into this state for resale by a class “A”
5beer permittee, shall first make application for and be issued
6a brewer’s certificate of compliance by the administrator
7 director for that purpose. The certificate of compliance
8expires at the end of one year from the date of issuance and
9shall be renewed for a like period upon application to the
10administrator director unless otherwise revoked for cause.
11Each completed application for a certificate of compliance or
12renewal of a certificate shall be submitted electronically,
13or in a manner prescribed by the administrator director, and
14shall be accompanied by a fee of two hundred dollars payable
15to the division department. Each holder of a certificate
16of compliance shall furnish the information in a manner the
17administrator director requires.
182. At the time of applying for a certificate of compliance,
19each applicant shall file with the division department a list
20of all class “A” beer permittees with whom it intends to do
21business and shall designate the geographic area in which its
22products are to be distributed by such permittee. The listing
23of class “A” beer permittees and geographic area as filed with
24the division department shall be amended by the holder of a
25certificate of compliance as necessary to keep the listing
26current with the division department.
273. All class “A” beer permit holders shall sell only
28those brands of beer which are manufactured, brewed,
29bottled, shipped, or imported by a person holding a current
30certificate of compliance. Any employee or agent working for
31or representing the holder of a certificate of compliance
32within this state shall submit electronically, or in a manner
33prescribed by the administrator director, the employee’s or
34agent’s name and address with the division department.
35 Sec. 2444. Section 123.137, subsection 1, Code 2023, is
-1354-1amended to read as follows:
21. A person holding a class “A” or special class “A” beer
3permit shall, on or before the tenth day of each calendar month
4commencing on the tenth day of the calendar month following
5the month in which the person is issued a beer permit, make a
6report under oath to the division department electronically, or
7in a manner prescribed by the administrator director, showing
8the exact number of barrels of beer, or fractional parts of
9barrels, sold by the beer permit holder during the preceding
10calendar month. The report shall also state information the
11administrator director requires, and beer permit holders shall
12at the time of filing a report pay to the division department
13 the amount of tax due at the rate fixed in section 123.136.
14 Sec. 2445. Section 123.138, Code 2023, is amended to read
15as follows:
16123.138 Records required — keg identification label.
171. Each class “A” or special class “A” beer permittee shall
18keep proper records showing the amount of beer sold by the
19permittee, and these records shall be at all times open to
20inspection by the administrator director and to other persons
21pursuant to section 123.30, subsection 1. Each retail alcohol
22licensee as described in section 123.30 shall keep proper
23records showing each purchase of beer made by the licensee, and
24the date and the amount of each purchase and the name of the
25person from whom each purchase was made, which records shall be
26open to inspection pursuant to section 123.30, subsection 1,
27during normal business hours of the licensee.
282. a. Each retail alcohol licensee who sells beer for
29off-premises consumption shall affix to each keg of beer an
30identification label provided by the administrator director.
31The label provided shall allow for its full removal when
32common external keg cleaning procedures are performed. For
33the purposes of this subsection, “keg” means all durable and
34disposable containers with a liquid capacity of five gallons or
35more. Each retail alcohol licensee shall also keep a record
-1355-1of the identification label number of each keg of beer sold by
2the licensee with the name and address of the purchaser and
3the number of the purchaser’s driver’s license, nonoperator’s
4identification card, or military identification card, if
5the military identification card contains a picture and
6signature. This information shall be retained by the licensee
7for a minimum of ninety days. The records kept pursuant to
8this subsection shall be available for inspection by any law
9enforcement officer during normal business hours.
10b. (1) The division department shall provide the keg
11identification labels described in paragraph “a” and shall,
12prior to utilizing a label, notify licensed brewers and
13licensed beer importers of the type of label to be utilized.
14Each label shall contain a number and the following statement:
15It is unlawful to sell, give, or otherwise supply any
16alcoholic beverage, wine, or beer to any person under legal
17age. Any person who defaces this label shall be guilty of
18criminal mischief punishable pursuant to section 716.6.
19(2) The identification label shall be placed on the keg at
20the time of retail sale. The licensee shall obtain the labels
21referred to in this subsection from the division department.
22The cost of the labels to licensees shall not exceed the
23division’s department’s cost of producing and distributing
24the labels. The moneys collected by the division department
25 relating to the sale of labels shall be credited to the beer
26and liquor control fund.
27c. The provisions of this subsection shall be implemented
28uniformly throughout the state. The provisions of this
29subsection shall preempt any local county or municipal
30ordinance regarding keg registration or the sale of beer in
31kegs. In addition, a county or municipality shall not adopt or
32continue in effect an ordinance regarding keg registration or
33the sale of beer in kegs.
34 Sec. 2446. Section 123.143, subsection 1, Code 2023, is
35amended to read as follows:
-1356- 11. All permit fees collected by the division department
2 under this subchapter shall accrue to the beer and liquor
3control fund, except as otherwise provided. All taxes
4collected by the division department under this subchapter
5shall accrue to the state general fund, except as otherwise
6provided.
7 Sec. 2447. Section 123.173, subsection 3, Code 2023, is
8amended to read as follows:
93. A class “A” wine permittee shall be required to deliver
10wine to a retail alcohol licensee, and a retail alcohol
11licensee shall be required to accept delivery of wine from a
12class “A” wine permittee, only at the licensed premises of the
13retail alcohol licensee. Except as specifically permitted by
14the division department upon good cause shown, delivery or
15transfer of wine from an unlicensed premises to a licensed
16retail alcohol licensee’s premises, or from one licensed retail
17alcohol licensee’s premises to another licensed retail alcohol
18licensee’s premises, even if there is common ownership of all
19of the premises by one retail permittee, is prohibited.
20 Sec. 2448. Section 123.173A, subsection 2, Code 2023, is
21amended to read as follows:
222. Upon application to the division department and receipt
23of a charity beer, spirits, and wine special event license, an
24authorized nonprofit entity may conduct a charity special event
25subject to the requirements of this section.
26 Sec. 2449. Section 123.173A, subsection 4, paragraph a,
27Code 2023, is amended to read as follows:
28a. The charity event shall be conducted on a premises
29covered by a valid retail alcohol license issued by the
30division department.
31 Sec. 2450. Section 123.173A, subsection 5, paragraph b,
32Code 2023, is amended to read as follows:
33b. The retail alcohol license number issued by the division
34 department for the premises where a charity event is to be
35conducted, if applicable.
-1357-1 Sec. 2451. Section 123.174, Code 2023, is amended to read
2as follows:
3123.174 Issuance of wine permits.
4The administrator director shall issue wine permits as
5provided in this chapter, and may suspend or revoke a wine
6permit for cause as provided in this chapter.
7 Sec. 2452. Section 123.175, subsection 1, unnumbered
8paragraph 1, Code 2023, is amended to read as follows:
9A person applying for a class “A” wine permit shall submit a
10completed application electronically, or in a manner prescribed
11by the administrator director, which shall set forth under oath
12the following:
13 Sec. 2453. Section 123.175, subsection 1, paragraphs e and
14g, Code 2023, are amended to read as follows:
15e. When required by the administrator director, and in
16such form and containing such information as the administrator
17 director may require, a description of the premises where the
18applicant intends to use the permit, to include a sketch or
19drawing of the premises.
20g. Any other information as required by the administrator
21 director.
22 Sec. 2454. Section 123.175, subsection 2, unnumbered
23paragraph 1, Code 2023, is amended to read as follows:
24The administrator director shall issue a class “A” wine
25permit to any applicant who establishes all of the following:
26 Sec. 2455. Section 123.175, subsection 2, paragraphs d and
27g, Code 2023, are amended to read as follows:
28d. That the applicant has filed with the division department
29 a basic permit issued by the alcohol and tobacco tax and trade
30bureau of the United States department of the treasury, and
31that the applicant will faithfully observe and comply with all
32the laws, rules, and regulations governing the manufacture and
33sale of wine.
34g. That the applicant has submitted a bond in the amount
35of five thousand dollars in a manner prescribed by the
-1358-1administrator director with good and sufficient sureties to be
2approved by the division department conditioned upon compliance
3with this chapter.
4 Sec. 2456. Section 123.176, subsections 1, 2, 7, and 8, Code
52023, are amended to read as follows:
61. Subject to rules of the division department,
7manufacturers of native wines from grapes, cherries, other
8fruits or other fruit juices, vegetables, vegetable juices,
9dandelions, clover, honey, or any combination of these
10ingredients, holding a class “A” wine permit as required by
11this chapter, may sell, keep, or offer for sale and deliver the
12wine. Notwithstanding section 123.24, subsection 2, paragraph
13“b”, or any other provision of this chapter, manufacturers
14of native wine may obtain and possess grape brandy from the
15division department for the sole purpose of manufacturing wine.
162. Native wine may be sold at retail for off-premises
17consumption when sold on the premises of the manufacturer, or
18in a retail establishment operated by the manufacturer. Sales
19may also be made to class “A” or retail alcohol licensees as
20authorized by sections 123.30 and 123.177. A manufacturer of
21native wines shall not sell the wines other than as permitted
22in this chapter and shall not allow wine sold to be consumed
23upon the premises of the manufacturer. However, prior to
24sale, native wines may be tasted pursuant to the rules of the
25division department on the premises where made, when no charge
26is made for the tasting.
277. A manufacturer may use the space and equipment of another
28manufacturer for the purpose of manufacturing native wine,
29provided that such an alternating proprietorship arrangement
30is approved by the alcohol and tobacco tax and trade bureau
31of the United States department of the treasury. A separate
32class “A” wine permit shall be issued to each manufacturer,
33and each manufacturer shall be subject to the provisions
34of this chapter and the rules of the division department.
35Notwithstanding subsection 5, not more than one class “C”
-1359-1retail alcohol license shall be issued to a premises with
2alternating proprietorships.
38. A manufacturer of native wines shall file with the
4division department, on or before the fifteenth day of each
5calendar month, all documents filed with the alcohol and
6tobacco tax and trade bureau of the United States department of
7the treasury, including all wine premises operations and excise
8tax return reports.
9 Sec. 2457. Section 123.180, subsections 1, 2, and 3, Code
102023, are amended to read as follows:
111. A manufacturer, vintner, bottler, importer, or vendor of
12wine, or an agent thereof, desiring to ship, sell, or have wine
13brought into this state for sale at wholesale by a class “A”
14permittee shall first make application for and shall be issued
15a vintner’s certificate of compliance by the administrator
16 director for that purpose. The vintner’s certificate of
17compliance shall expire at the end of one year from the
18date of issuance and shall be renewed for a like period upon
19application to the administrator director unless otherwise
20revoked for cause. Each completed application for a vintner’s
21certificate of compliance or renewal of a certificate shall
22be submitted electronically, or in a manner prescribed by the
23administrator director, and shall be accompanied by a fee of
24two hundred dollars payable to the division department. Each
25holder of a vintner’s certificate of compliance shall furnish
26the information required by the administrator director in the
27form the administrator director requires. A vintner or wine
28bottler whose plant is located in Iowa and who otherwise holds
29a class “A” wine permit to sell wine at wholesale is exempt
30from the fee, but not the other terms and conditions. The
31holder of a vintner’s certificate of compliance may also hold a
32class “A” wine permit.
332. At the time of applying for a vintner’s certificate
34of compliance, each applicant shall file with the division
35 department a list of all class “A” wine permittees with
-1360-1whom it intends to do business. The listing of class “A”
2wine permittees as filed with the division department shall
3be amended by the holder of the certificate of compliance
4as necessary to keep the listing current with the division
5 department.
63. All class “A” wine permit holders shall sell only those
7brands of wine which are manufactured, bottled, fermented,
8shipped, or imported by a person holding a current vintner’s
9certificate of compliance. An employee or agent working for
10or representing the holder of a vintner’s certificate of
11compliance within this state shall register the employee’s
12or agent’s name and address with the division department.
13These names and addresses shall be filed with the division’s
14 department’s copy of the certificate of compliance issued
15except that this provision does not require the listing of
16those persons who are employed on the premises of a bottling
17plant, or winery where wine is manufactured, fermented,
18or bottled in Iowa or the listing of those persons who are
19thereafter engaged in the transporting of the wine.
20 Sec. 2458. Section 123.184, Code 2023, is amended to read
21as follows:
22123.184 Report of gallonage sales — penalty.
231. Each class “A” wine permit holder on or before the
24tenth day of each calendar month commencing on the tenth day
25of the calendar month following the month in which the person
26is issued a permit, shall make a report under oath to the
27division department electronically, or in a manner prescribed
28by the administrator director, showing the exact number of
29gallons of wine and fractional parts of gallons sold by that
30permit holder during the preceding calendar month. The report
31also shall state whatever reasonable additional information
32the administrator director requires. The permit holder at
33the time of filing this report shall pay to the division
34 department the amount of tax due at the rate fixed in section
35123.183. A penalty of ten percent of the amount of the tax
-1361-1shall be assessed and collected if the report required to be
2filed pursuant to this subsection is not filed and the tax paid
3within the time required by this subsection.
42. Each wine direct shipper license holder shall make a
5report under oath to the division department electronically,
6or in a manner prescribed by the administrator director, on
7or before the tenth day of the calendar months of June and
8December, showing the exact number of gallons of wine and
9fractional parts of gallons sold and shipped pursuant to
10section 123.187 during the preceding six-month calendar period.
11The report shall also state whatever reasonable additional
12information the administrator director requires. The license
13holder at the time of filing this report shall pay to the
14division department the amount of tax due at the rate fixed
15in section 123.183. A penalty of ten percent of this amount
16shall be assessed and collected if the report required to be
17filed pursuant to this subsection is not filed and the tax paid
18within the time required by this subsection.
19 Sec. 2459. Section 123.186, subsections 1 and 2, Code 2023,
20are amended to read as follows:
211. The division department shall adopt as rules the
22substance of the federal regulations 27 C.F.R. pt.6, 27 C.F.R.
23pt.8, 27 C.F.R. pt.10, and 27 C.F.R. pt.11.
242. The division department shall adopt as rules the
25substance of 27 C.F.R. §6.88, to permit a manufacturer of
26alcoholic beverages, wine, or beer, or an agent of such
27manufacturer, to provide to a retailer without charge wine and
28beer coil cleaning services, including carbon dioxide filters
29and other necessary accessories to properly clean the coil and
30affix carbon dioxide filters. The rules shall provide that the
31manufacturer shall be responsible for paying the costs of any
32filters provided.
33 Sec. 2460. Section 123.187, subsection 2, paragraphs b and
34d, Code 2023, are amended to read as follows:
35b. A wine manufacturer applying for a wine direct
-1362-1shipper permit shall submit an application for the permit
2electronically, or in a manner prescribed by the administrator
3 director, accompanied by a true copy of the manufacturer’s
4current alcoholic beverage license or permit issued by the
5state where the manufacturer is primarily located and a copy
6of the manufacturer’s basic permit issued by the alcohol and
7tobacco tax and trade bureau of the United States department of
8the treasury.
9d. A permit issued pursuant to this section may be
10renewed annually by submitting a renewal application with
11the administrator director in a manner prescribed by the
12administrator director, accompanied by the twenty-five dollar
13permit fee.
14 Sec. 2461. Section 123.187, subsection 3, paragraph c, Code
152023, is amended to read as follows:
16c. All containers of wine shipped directly to a resident
17of this state shall be conspicuously labeled with the words
18“CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER
19REQUIRED FOR DELIVERY” or shall be conspicuously labeled with
20alternative wording preapproved by the administrator director.
21 Sec. 2462. Section 123.187, subsections 4 and 5, Code 2023,
22are amended to read as follows:
234. A wine direct shipper permittee shall remit to the
24division department an amount equivalent to the wine gallonage
25tax on wine subject to direct shipment at the rate specified
26in section 123.183 for deposit as provided in section 123.183,
27subsections 2 and 3. The amount shall be remitted at the time
28and in the manner provided in section 123.184, subsection
292, and the ten percent penalty specified therein shall be
30applicable.
315. A wine direct shipper permittee shall be deemed to have
32consented to the jurisdiction of the division department or any
33other agency or court in this state concerning enforcement of
34this section and any related laws, rules, or regulations. A
35permit holder shall allow the division department to perform an
-1363-1audit of shipping records upon request.
2 Sec. 2463. Section 123.188, subsections 1, 2, and 3, Code
32023, are amended to read as follows:
41. A person desiring to deliver wine subject to direct
5shipment within this state pursuant to section 123.187 shall
6submit an application for a wine carrier permit electronically,
7or in a manner prescribed by the administrator director, which
8shall be accompanied by a fee in the amount of one hundred
9dollars.
102. The administrator director may in accordance with this
11chapter issue a wine carrier permit which shall be valid
12for one year from the date of issuance unless it is sooner
13suspended or revoked for a violation of this chapter.
143. A permit issued pursuant to this section may be
15renewed annually by submitting a renewal application with
16the administrator director in a manner prescribed by the
17administrator director, accompanied by the one hundred dollar
18permit fee.
19 Sec. 2464. Section 123.188, subsection 4, paragraph c, Code
202023, is amended to read as follows:
21c. A wine carrier permittee shall maintain records of wine
22shipped which include the permit number and name of the wine
23manufacturer, quantity of wine shipped, recipient’s name and
24address, and an electronic or paper form of signature from
25the recipient of the wine. Records shall be submitted to the
26division department on a monthly basis in a form and manner to
27be determined by the division department.
28 Sec. 2465. Section 321.19, subsection 1, paragraph c,
29subparagraph (3), Code 2023, is amended to read as follows:
30(3) Persons in the department of justice, the alcoholic
31beverages division of the department of commerce, disease
32investigators of the Iowa department of public health, the
33department of inspections and appeals, and the department of
34revenue, who are regularly assigned to conduct investigations
35which cannot reasonably be conducted with a vehicle displaying
-1364-1“official” state registration plates.
2 Sec. 2466. Section 453A.2, subsections 4, 6, and 7, Code
32023, are amended to read as follows:
44. The alcoholic beverages division of the department of
5commerce, a county, or a city may directly enforce this section
6in district court and initiate proceedings pursuant to section
7453A.22 before a permit-issuing authority which issued the
8permit against a permit holder violating this section.
96. If a county or a city has not assessed a penalty pursuant
10to section 453A.22, subsection 2, for a violation of subsection
111, within sixty days of the adjudication of the violation,
12the matter shall be transferred to and be the exclusive
13responsibility of the alcoholic beverages division of the
14 department of commerce. Following transfer of the matter, if
15the violation is contested, the alcoholic beverages division
16of the department of commerce shall request an administrative
17hearing before an administrative law judge, assigned by the
18division of administrative hearings of the department of
19inspections and appeals in accordance with the provisions of
20section 10A.801, to adjudicate the matter pursuant to chapter
2117A.
227. A tobacco compliance employee training fund is
23created in the office of the treasurer of state. The fund
24shall consist of civil penalties assessed by the alcoholic
25beverages division of the department of commerce under
26section 453A.22 for violations of this section. Moneys in
27the fund are appropriated to the alcoholic beverages division
28of the department of commerce and shall be used to develop
29and administer the tobacco compliance employee training
30program under section 453A.5. Moneys deposited in the fund
31shall not be transferred, used, obligated, appropriated, or
32otherwise encumbered except as provided in this subsection.
33Notwithstanding section 8.33, any unexpended balance in the
34fund at the end of the fiscal year shall be retained in the
35fund.
-1365-1 Sec. 2467. Section 453A.5, subsection 1, Code 2023, is
2amended to read as follows:
31. The alcoholic beverages division of the department of
4commerce shall develop a tobacco compliance employee training
5program not to exceed two hours in length for employees and
6prospective employees of retailers, as defined in sections
7453A.1 and 453A.42, to inform the employees about state and
8federal laws and regulations regarding the sale of tobacco,
9tobacco products, alternative nicotine products, vapor
10products, and cigarettes to persons under twenty-one years of
11age and compliance with and the importance of laws regarding
12the sale of tobacco, tobacco products, alternative nicotine
13products, vapor products, and cigarettes to persons under
14twenty-one years of age.
15 Sec. 2468. Section 453A.13, subsection 2, paragraph c, Code
162023, is amended to read as follows:
17c. The department, or a A city or county, shall submit
18a duplicate of any application for a retail permit to the
19alcoholic beverages division of the department of commerce
20 within thirty days of the issuance. The alcoholic beverages
21division of the department of commerce shall submit the current
22list of all retail permits issued to the Iowa department of
23public health by the last day of each quarter of a state fiscal
24year.
25 Sec. 2469. Section 453A.22, subsection 2, unnumbered
26paragraph 1, Code 2023, is amended to read as follows:
27If a retailer or employee of a retailer has violated section
28453A.2 or section 453A.36, subsection 6, the department or
29local authority, or the alcoholic beverages division of the
30 department of commerce following transfer of the matter to the
31alcoholic beverages division of the department of commerce
32 pursuant to section 453A.2, subsection 6, in addition to the
33other penalties fixed for such violations in this section,
34shall assess a penalty upon the same hearing and notice as
35prescribed in subsection 1 as follows:
-1366-1 Sec. 2470. Section 453A.22, subsection 6, Code 2023, is
2amended to read as follows:
36. The department or local authority shall report the
4suspension or revocation of a retail permit under this section
5to the alcoholic beverages division of the department of
6commerce within thirty days of the suspension or revocation of
7the retail permit.
8 Sec. 2471. Section 453A.47A, subsection 6, Code 2023, is
9amended to read as follows:
106. Issuance. Cities may issue retail permits to retailers
11located within their respective limits. County boards of
12supervisors may issue retail permits to retailers located in
13their respective counties, outside of the corporate limits of
14cities. The city or county shall submit a duplicate of any
15application for a retail permit to the alcoholic beverages
16division of the department of commerce within thirty days of
17issuance of a permit. The alcoholic beverages division of the
18 department of commerce shall submit the current list of all
19retail permits issued to the Iowa department of public health
20by the last day of each quarter of a state fiscal year.
21 Sec. 2472. Section 455C.3, subsections 2 and 5, Code 2023,
22are amended to read as follows:
232. A distributor shall accept and pick up from a
24participating dealer served by the distributor or a redemption
25center for a dealer served by the distributor at least weekly,
26or when the distributor delivers the beverage product if
27deliveries are less frequent than weekly, any empty beverage
28container of the kind, size, and brand sold by the distributor,
29and shall pay to the participating dealer or redemption center
30the refund value of a beverage container and the reimbursement
31as provided under section 455C.2 within one week following
32pickup of the containers or when the participating dealer
33normally pays the distributor for the deposit on beverage
34products purchased from the distributor if less frequent than
35weekly. A distributor or employee or agent of a distributor is
-1367-1not in violation of this subsection if a redemption center is
2closed when the distributor attempts to make a regular pickup
3of empty beverage containers. This subsection does not apply
4to a distributor selling alcoholic liquor to the alcoholic
5beverages division of the department of commerce revenue.
65. The alcoholic beverages division of the department
7of commerce revenue shall provide for the disposal of
8empty beverage containers as required under subsection
92. The division department of revenue shall give priority
10consideration to the recycling of the empty beverage containers
11to the extent possible, before any other appropriate disposal
12method is considered or implemented.
13CONFORMING CHANGES
14 Sec. 2473. Section 7E.5, subsection 1, paragraph c, Code
152023, is amended to read as follows:
16c. The department of revenue, created in section 421.2,
17which has primary responsibility for revenue collection
18and revenue law compliance, the Iowa lottery, and alcoholic
19beverage control.
20 Sec. 2474. Section 421.17, Code 2023, is amended by adding
21the following new subsection:
22 NEW SUBSECTION. 39. Administer chapters 99G and 123.
23 Sec. 2475. REPEAL. Section 546.9, Code 2023, is repealed.
24DIVISION XIII
25DEPARTMENT FOR THE BLIND
26 Sec. 2476. Section 216B.2, subsection 1, Code 2023, is
27amended to read as follows:
281. The commission for the blind is established consisting
29of three members appointed by the governor, subject to
30confirmation by the senate. Members of the commission shall
31serve three-year terms beginning and ending as provided in
32section 69.19. The members of the commission shall appoint
33officers for the commission. A majority of the members of the
34commission shall constitute a quorum.
35 Sec. 2477. NEW SECTION. 216B.3A Director — duties.
-1368- 11. The director of the department shall be appointed by
2the governor, subject to confirmation by the senate, and shall
3serve at the pleasure of the governor. The governor shall set
4the salary of the director within the applicable salary range
5established by the general assembly.
62. The director shall be the executive officer of the
7commission and shall be responsible for implementing policy set
8by the commission. The director shall carry out programs and
9policies as determined by the commission.
10 Sec. 2478. Section 216B.5, Code 2023, is amended to read as
11follows:
12216B.5 Commission employees.
13The commission may employ staff who shall be qualified by
14experience to assume the responsibilities of the offices. The
15director shall be the administrative officer of the commission
16and shall be responsible for implementing policy set by the
17commission. The director shall carry out programs and policies
18as determined by the commission.
19 Sec. 2479. APPOINTMENT OF DIRECTOR. On or before July 1,
202023, the governor shall appoint a director of the department
21for the blind, effective July 1, 2023, as provided in this
22division of this Act.
23 Sec. 2480. EFFECTIVE DATE. This division of this Act, being
24deemed of immediate importance, takes effect upon enactment.
25DIVISION XIV
26DEPARTMENT OF EDUCATION
27IOWA EDUCATIONAL SERVICES FOR THE BLIND AND VISUALLY IMPAIRED
28AND IOWA SCHOOL FOR THE DEAF
29 Sec. 2481. Section 70A.14, subsection 3, paragraph c, Code
302023, is amended by striking the paragraph.
31 Sec. 2482. Section 70A.17A, subsection 1, paragraph
32d, subparagraph (3), Code 2023, is amended by striking the
33subparagraph.
34 Sec. 2483. Section 235A.15, subsection 2, paragraph
35c, subparagraph (4), Code 2023, is amended by striking the
-1369-1subparagraph.
2 Sec. 2484. NEW SECTION. 256.95 Iowa educational services
3for the blind and visually impaired and Iowa school for the deaf.
4The department shall do all of the following:
51. Administer the Iowa educational services for the blind
6and visually impaired program.
72. Govern the Iowa school for the deaf.
83. Establish a hall of fame for distinguished graduates
9of the Iowa school for the deaf, distinguished graduates of
10the Iowa braille and sight saving school, and distinguished
11participants in the Iowa educational services for the blind and
12visually impaired program.
13 Sec. 2485. NEW SECTION. 256.103 Employees — contracts —
14termination and discharge procedures.
15Sections 279.12 through 279.19 and section 279.27 apply to
16employees of the Iowa school for the deaf, who are licensed
17pursuant to subchapter VII, part 3. In following those
18sections in chapter 279, the references to boards of directors
19of school districts shall be interpreted to apply to the
20department.
21 Sec. 2486. NEW SECTION. 256.104 Students residing on
22state-owned land.
23The department shall pay to the local school boards the
24tuition payments and transportation costs, as otherwise
25authorized by statutes for the elementary or high school
26education of students residing on land owned by the state and
27under the control of the department. Such payments shall be
28made from moneys appropriated to the department.
29 Sec. 2487. NEW SECTION. 256.105 Transfer of a student to
30the university of Iowa hospitals and clinics.
31The department may send any student of the Iowa school for
32the deaf to the university of Iowa hospitals and clinics for
33treatment and care. The department shall pay the traveling
34expenses of such student, and when necessary the traveling
35expenses of an attendant for the student, out of funds
-1370-1appropriated for the use of the department.
2 Sec. 2488. NEW SECTION. 256.107 Administrative rules.
3The state board shall adopt rules pursuant to chapter 17A to
4administer this subchapter.
5 Sec. 2489. Section 256B.2, subsection 2, paragraph c, Code
62023, is amended to read as follows:
7c. For those children who cannot adapt to the regular
8educational or home living conditions, and who are attending
9facilities under chapters chapter 263, 269, and 270 or chapter
10256, subchapter V, upon the request of the board of directors
11of an area education agency, the department of human services
12shall provide residential or detention facilities and the area
13education agency shall provide special education programs and
14services. The area education agencies shall cooperate with
15the board of regents department of education to provide the
16services required by this chapter.
17 Sec. 2490. Section 256B.3, subsection 9, Code 2023, is
18amended to read as follows:
199. To cooperate with existing agencies such as the
20department of human services, the Iowa department of public
21health, the Iowa school for the deaf, the Iowa braille and
22sight saving school, the children’s hospitals, or other
23agencies concerned with the welfare and health of children
24requiring special education in the coordination of their
25educational activities for such children.
26 Sec. 2491. Section 256B.10, subsection 1, paragraph a, Code
272023, is amended to read as follows:
28a. The department of education shall work with the state
29 Iowa school for the deaf, the area education agencies, school
30districts, and the early hearing detection and intervention
31program in the Iowa department of public health for purposes
32of coordinating, developing, and disseminating resources for
33use by parents or guardians, early hearing detection and
34intervention programs, the state Iowa school for the deaf,
35area education agencies, school districts, and accredited
-1371-1nonpublic schools to inform deaf and hard-of-hearing children’s
2expressive and receptive language acquisition or development.
3 Sec. 2492. Section 256B.10, subsection 1, paragraph b,
4unnumbered paragraph 1, Code 2023, is amended to read as
5follows:
6The duties of the department of education shall, at a
7minimum, include all of the following:
8 Sec. 2493. Section 256B.10, subsection 3, unnumbered
9paragraph 1, Code 2023, is amended to read as follows:
10The department of education, in consultation with the state
11 Iowa school for the deaf, the area education agencies, school
12districts, and the early hearing detection and intervention
13program in the Iowa department of public health, shall select
14existing tools or assessments that may be used by qualified
15educators to assess American sign language and English language
16and literacy development of deaf and hard-of-hearing children
17from birth through age eight.
18 Sec. 2494. Section 256B.10, subsections 4 and 7, Code 2023,
19are amended to read as follows:
204. The department of education shall disseminate the parent
21resource developed pursuant to this section to parents and
22guardians of deaf and hard-of-hearing children and, consistent
23with federal law, shall disseminate the educator tools and
24assessments selected pursuant to subsection 3 to early hearing
25detection and intervention programs, area education agencies,
26school districts, accredited nonpublic schools, and the
27state Iowa school for the deaf for use in the development and
28modification of individualized family service or individualized
29education program plans, and shall provide materials and
30training on the use of such materials to assist deaf and
31hard-of-hearing children in kindergarten readiness using
32American sign language or English, or both, from birth through
33age eight.
347. The department of education shall annually compile,
35and publish on the department’s internet site, a report using
-1372-1existing data reported in compliance with the state performance
2plan on pupils with disabilities, required under federal law,
3that is specific to language and literacy development in deaf
4and hard-of-hearing children from birth through age eight,
5including those children who are deaf or hard of hearing and
6have other disabilities, relative to the children’s peers who
7are not deaf or hard of hearing.
8 Sec. 2495. Section 256B.10, subsection 5, paragraphs a, b,
9and e, Code 2023, are amended to read as follows:
10a. If moneys are appropriated by the general assembly for
11a fiscal year for the purpose provided in this subsection,
12the department of education shall develop guidelines for a
13comprehensive family support mentoring program that meets the
14language and communication needs of families.
15b. The department of education shall work with the early
16hearing detection and intervention program in the Iowa
17department of public health, the state Iowa school for the
18deaf, and the area education agencies when developing the
19guidelines. The department of education, in consultation with
20the Iowa school for the deaf, shall administer the family
21support mentoring program for deaf or hard-of-hearing children.
22e. The department of education shall coordinate family
23support mentoring activities with the early hearing detection
24and intervention program in the Iowa department of public
25health, the state Iowa school for the deaf, the area education
26agencies, and nonprofit organizations that provide family
27support mentoring to parents with deaf or hard-of-hearing
28children.
29 Sec. 2496. Section 256B.10, subsection 5, paragraph d,
30unnumbered paragraph 1, Code 2023, is amended to read as
31follows:
32In establishing the family support mentoring program, the
33department of education may do all of the following:
34 Sec. 2497. Section 261E.2, subsection 8, Code 2023, is
35amended to read as follows:
-1373- 18. “Student” means any individual enrolled in grades nine
2through twelve in a school district who meets the criteria in
3section 261E.3, subsection 1. “Student” includes an individual
4attending an accredited nonpublic school or the Iowa school
5for the deaf or the Iowa braille and sight saving school for
6purposes of sections 261E.4 and 261E.6.
7 Sec. 2498. Section 261E.6, subsections 3, 4, and 6, Code
82023, are amended to read as follows:
93. Authorization. To participate in this program, an
10eligible student shall make application to an eligible
11postsecondary institution to allow the eligible student to
12enroll for college credit in a nonsectarian course offered at
13the institution. A comparable course, as defined in rules
14adopted by the board of directors of the school district
15consistent with department administrative rule, must not be
16offered by the school district or accredited nonpublic school
17the student attends. A course is ineligible for purposes
18of this section if the school district has a contractual
19agreement with the eligible postsecondary institution under
20section 261E.8 that meets the requirements of section 257.11,
21subsection 3, and the course may be delivered through such an
22agreement in accordance with section 257.11, subsection 3.
23If the postsecondary institution accepts an eligible student
24for enrollment under this section, the institution shall send
25written notice to the student, the student’s parent or legal
26guardian in the case of a minor child, and the student’s school
27district or accredited nonpublic school and the school district
28in the case of a nonpublic school student, or the Iowa school
29for the deaf or the Iowa braille and sight saving school. The
30notice shall list the course, the clock hours the student will
31be attending the course, and the number of hours of college
32credit that the eligible student will receive from the eligible
33postsecondary institution upon successful completion of the
34course.
354. Credits.
-1374- 1a. A school district, the Iowa school for the deaf, the
2Iowa braille and sight saving school, or accredited nonpublic
3school shall grant high school credit to an eligible student
4enrolled in a course under this chapter if the eligible student
5successfully completes the course as determined by the eligible
6postsecondary institution. The board of directors of the
7school district, the board of regents department of education
8 for the Iowa school for the deaf and the Iowa braille and
9sight saving school, or authorities in charge of an accredited
10nonpublic school shall determine the number of high school
11credits that shall be granted to an eligible student who
12successfully completes a course. Eligible students may take
13up to seven semester hours of credit during the summer months
14when school is not in session and receive credit for that
15attendance, if the student pays the cost of attendance for
16those summer credit hours.
17b. The high school credits granted to an eligible
18student under this section shall count toward the graduation
19requirements and subject area requirements of the school
20district of residence, the Iowa school for the deaf, the Iowa
21braille and sight saving school, or accredited nonpublic school
22of the eligible student. Evidence of successful completion
23of each course and high school credits and college credits
24received shall be included in the student’s high school
25transcript.
266. Definition. For purposes of this section and section
27261E.7, unless the context otherwise requires, “eligible
28student” means a student classified by the board of directors
29of a school district, by the state board of regents department
30of education for pupils of the Iowa school for the deaf and the
31Iowa braille and sight saving school, or by the authorities
32in charge of an accredited nonpublic school as a ninth or
33tenth grade student who is identified according to the school
34district’s gifted and talented criteria and procedures,
35pursuant to section 257.43, as a gifted and talented child,
-1375-1or an eleventh or twelfth grade student, during the period
2the student is participating in the postsecondary enrollment
3options program.
4 Sec. 2499. Section 261E.7, subsection 1, unnumbered
5paragraph 1, Code 2023, is amended to read as follows:
6Not later than June 30 of each year, a school district
7shall pay a tuition reimbursement amount to a postsecondary
8institution that has enrolled its resident eligible
9students under this chapter, unless the eligible student is
10participating in open enrollment under section 282.18, in which
11case, the tuition reimbursement amount shall be paid by the
12receiving district. However, if a child’s residency changes
13during a school year, the tuition shall be paid by the district
14in which the child was enrolled as of the date specified in
15section 257.6, subsection 1, or the district in which the child
16was counted under section 257.6, subsection 1, paragraph “a”,
17subparagraph (6). For students enrolled at the Iowa school
18for the deaf and the Iowa braille and sight saving school,
19the state board of regents department of education shall pay
20a tuition reimbursement amount by June 30 of each year. The
21amount of tuition reimbursement for each separate course shall
22equal the lesser of:
23 Sec. 2500. Section 262.7, subsections 4 and 5, Code 2023,
24are amended by striking the subsections.
25 Sec. 2501. Section 262.9, subsection 2, Code 2023, is
26amended to read as follows:
272. Elect a president of each of the institutions of higher
28learning; a superintendent of each of the other institutions;
29 a treasurer and a secretarial officer for each institution
30annually; professors, instructors, officers, and employees;
31and fix their compensation. Sections 279.12 through 279.19
32 and section 279.27 apply to employees of the Iowa braille and
33sight saving school and the Iowa school for the deaf, who are
34licensed pursuant to chapter 272. In following those sections
35in chapter 279, the references to boards of directors of
-1376-1school districts shall be interpreted to apply to the board of
2regents.
3 Sec. 2502. Section 262.9, subsection 21, Code 2023, is
4amended by striking the subsection.
5 Sec. 2503. Section 262.43, Code 2023, is amended to read as
6follows:
7262.43 Students residing on state-owned land.
8The state board of regents shall pay to the local school
9boards the tuition payments and transportation costs, as
10otherwise authorized by statutes for the elementary or high
11school education of students residing on land owned by the
12state and under the control of the state board of regents.
13Such payments for the three institutions of higher learning,
14the state university of Iowa, the Iowa state university of
15science and technology, and the university of northern Iowa,
16shall be made from the funds of the respective institutions
17other than state appropriations, and for the two noncollegiate
18institutions, the Iowa braille and sight saving school and the
19Iowa school for the deaf, the payments and costs shall be paid
20from moneys appropriated to the state board of regents.
21 Sec. 2504. Section 263.21, Code 2023, is amended to read as
22follows:
23263.21 Transfer of patients from state institutions.
24The director of the department of human services, in respect
25to institutions under the director’s control, the administrator
26of any of the divisions of the department, in respect to
27the institutions under the administrator’s control, and the
28director of the department of corrections, in respect to the
29institutions under the department’s control, and the state
30board of regents, in respect to the Iowa braille and sight
31saving school and the Iowa school for the deaf, may send any
32inmate, student, or patient of an institution, or any person
33committed or applying for admission to an institution, to the
34university of Iowa hospitals and clinics for treatment and
35care. The department of human services, and the department of
-1377-1corrections, and the state board of regents shall respectively
2pay the traveling expenses of such patient, and when necessary
3the traveling expenses of an attendant for the patient, out of
4funds appropriated for the use of the institution from which
5the patient is sent.
6 Sec. 2505. Section 269.1, Code 2023, is amended by striking
7the section and inserting in lieu thereof the following:
8269.1 Iowa educational services for the blind and visually
9impaired program.
10Any resident of the state under twenty-one years of age who
11is blind or visually impaired shall be entitled to receive the
12services of the Iowa educational services for the blind and
13visually impaired program. The department shall coordinate
14with area education agencies and school districts on the
15provision of these services for any eligible student.
16 Sec. 2506. Section 270.3, Code 2023, is amended to read as
17follows:
18270.3 Admission — Iowa school for the deaf.
19Any resident of the state less than twenty-one years of
20age who has a hearing loss which is too severe to acquire an
21education in the public schools is eligible to attend the Iowa
22school for the deaf. Nonresidents similarly situated may be
23admitted to an education therein the Iowa school for the deaf
24 upon such terms as may be fixed by the state board of regents
25 department. The fee for nonresidents shall be set by the state
26board of regents department.
27 Sec. 2507. Section 270.4, Code 2023, is amended to read as
28follows:
29270.4 Clothing and prescriptions.
30The superintendent of the Iowa school for the deaf shall
31provide students, who would otherwise be without, with clothing
32or prescription refills, and shall bill the student’s parent
33or guardian, if the student is a minor, or the student if the
34student has attained the age of majority, for any clothing or
35prescription refills provided. The bill shall be presumptive
-1378-1evidence in all courts.
2 Sec. 2508. Section 270.8, Code 2023, is amended to read as
3follows:
4270.8 Residence during vacation.
5The residence of indigent or homeless children may, by order
6of the state board of regents department, be continued during
7vacation months.
8 Sec. 2509. Section 270.9, Code 2023, is amended to read as
9follows:
10270.9 Iowa school for the deaf and the Iowa braille and sight
11saving school — transportation reimbursement.
12Funds appropriated to the Iowa school for the deaf and
13the Iowa braille and sight saving school for payments to the
14parents or guardians of pupils in either that institution shall
15be expended as follows:
161. Transportation reimbursement at a rate established
17annually by the state board of regents department to the
18parents or guardians of children who do not reside in the
19institution, but are transported to the institution on a daily
20basis.
212. Transportation reimbursement at a rate established
22annually by the state board of regents department to the
23parents or guardians for transportation from the institution
24to the residence of the parent or guardian and return to the
25institution for children who reside in the institution.
26 Sec. 2510. Section 270.10, Code 2023, is amended to read as
27follows:
28270.10 Merger Closure requirements.
291. The state board of regents department shall not merge
30 close the Iowa school for the deaf at Council Bluffs with the
31Iowa braille and sight saving school at Vinton or close either
32of those institutions until all of the following requirements
33have been met:
34a. 1. The department of management has presented to the
35general assembly a comprehensive plan, program, and fiscal
-1379-1analysis of the existing circumstances and the circumstances
2which would prevail upon the proposed merger or closing,
3together with data which would support the contention that the
4merger or closing will be more efficient and effective than
5continuation of the existing facilities facility. The analysis
6shall include a detailed study of the educational implications
7of the merger or closing, the impact on the students, and
8the opinions and research of nationally recognized experts
9in the field of the education of visually impaired and deaf
10or hard-of-hearing students. The comprehensive plan shall
11further include a study relating to the programming, fiscal
12consequences, and political implications which would result if
13either a merger or an agreement under chapter 28E should be
14implemented between the Iowa school for the deaf in Council
15Bluffs and comparable state programs in the state of Nebraska.
16b. 2. The general assembly has studied the plans, programs,
17and fiscal analysis and has reviewed their impact on the
18programs.
19c. 3. The general assembly has enacted legislation
20authorizing either the closing or the merger to take effect not
21sooner than two years after the enactment of the legislation.
222. This section shall not apply to an agreement related to
23the sale or transfer of the property of the Iowa braille and
24sight saving school at Vinton entered into between the state
25of Iowa and the city of Vinton.
26 Sec. 2511. Section 280.16, subsection 7, Code 2023, is
27amended to read as follows:
287. The Iowa braille and sight saving school, the Iowa school
29for the deaf, and the institutions under the control of the
30department of human services as provided in section 218.1 are
31exempt from the provisions of this section.
32 Sec. 2512. Section 321.1, subsection 8, paragraph i, Code
332023, is amended to read as follows:
34i. If authorized to transport students or clients by the
35superintendent of the Iowa braille and sight saving school
-1380-1or of the Iowa school for the deaf, or the superintendent’s
2respective designee, an employee of the Iowa braille and
3sight saving school or the Iowa school for the deaf is not a
4chauffeur when transporting the students or clients.
5 Sec. 2513. Section 331.381, subsection 9, Code 2023, is
6amended to read as follows:
79. Comply with chapters 269 and 270 chapter 256, subchapter
8V, in regard to the payment of costs for pupils at the Iowa
9braille and sight saving school and the Iowa school for the
10deaf.
11 Sec. 2514. Section 331.424, subsection 1, paragraph a,
12subparagraph (1), subparagraph division (b), Code 2023, is
13amended to read as follows:
14(b) Clothing, transportation, medical, or other services
15provided persons attending the Iowa braille and sight saving
16school, the Iowa school for the deaf, or the university of Iowa
17hospitals and clinics’ center for disabilities and development
18for children with severe disabilities at Iowa City, for which
19the county becomes obligated to pay pursuant to sections
20263.12, 269.2, and 270.4.
21 Sec. 2515. Section 331.552, subsection 13, Code 2023, is
22amended to read as follows:
2313. Make transfer payments to the state for school expenses
24for blind and deaf and hard-of-hearing children and support of
25persons with mental illness as provided in sections section
26 230.21 and 269.2.
27 Sec. 2516. Section 483A.24, subsection 7, Code 2023, is
28amended to read as follows:
297. A license shall not be required of minor pupils of
30the Iowa braille and sight saving school, Iowa school for
31the deaf, or of minor residents of other state institutions
32under the control of an administrator of a division of the
33department of human services. In addition, a person who is
34on active duty with the armed forces of the United States,
35on authorized leave from a duty station located outside of
-1381-1this state, and a resident of the state of Iowa shall not be
2required to have a license to hunt or fish in this state. The
3military person shall carry the person’s leave papers and a
4copy of the person’s current earnings statement showing a
5deduction for Iowa income taxes while hunting or fishing. In
6lieu of carrying the person’s earnings statement, the military
7person may also claim residency if the person is registered to
8vote in this state. If a deer or wild turkey is taken, the
9military person shall immediately contact a state conservation
10officer to obtain an appropriate tag to transport the animal.
11A license shall not be required of residents of county care
12facilities or any person who is receiving supplementary
13assistance under chapter 249.
14 Sec. 2517. REPEAL. Section 269.2, Code 2023, is repealed.
15 Sec. 2518. CODE EDITOR DIRECTIVE.
161. The Code editor is directed to make the following
17transfers:
18a. Section 256B.10 to section 256.106.
19b. Section 269.1 to section 256.96.
20c. Section 270.1 to section 256.98.
21d. Section 270.3 to section 256.97.
22e. Section 270.4 to section 256.99.
23f. Section 270.8 to section 256.100.
24g. Section 270.9 to section 256.101.
25h. Section 270.10 to section 256.102.
262. The Code editor shall correct internal references in the
27Code and in any enacted legislation as necessary due to the
28enactment of this section.
293. The Code editor may designate sections 256.95 through
30256.107, as amended or enacted in this division of this Act, as
31new subchapter V within chapter 256, entitled “Iowa educational
32services for the blind and visually impaired program and Iowa
33school for the deaf”.
34 Sec. 2519. TRANSITION PROVISIONS.
351. The property and records in the custody of the state
-1382-1board of regents relating to the Iowa braille and sight saving
2school, the Iowa school for the deaf, the hall of fame for
3distinguished graduates at the Iowa braille and sight saving
4school, and the hall of fame for distinguished graduates at the
5Iowa school for the deaf shall be transferred to the department
6of education.
72. All employees of the Iowa school for the deaf established
8pursuant to chapter 270 shall be considered employees of the
9department of education on the effective date of this division
10of this Act without incurring any loss in salary, benefits, or
11accrued years of service.
12INNOVATION DIVISION
13 Sec. 2520. Section 268.7, Code 2023, is amended to read as
14follows:
15268.7 Science, Innovation division — science, technology,
16engineering, and mathematics collaborative initiative.
171. The innovation division of the department of education
18is created. The chief administrative officer of the division
19is the administrator who shall be a highly qualified science,
20technology, engineering, and mathematics advocate and shall be
21appointed by the director.
222. The administrator shall do all of the following:
23a. Direct and organize the activities of the division,
24including the science, technology, engineering, and mathematics
25collaborative initiative created in subsection 3.
26b. Control all property of the division.
27c. Perform other duties imposed by law.
281. 3. A science, technology, engineering, and mathematics
29collaborative initiative is established at the university of
30northern Iowa within the innovation division for purposes
31of supporting activities directly related to recruitment of
32prekindergarten through grade twelve mathematics and science
33teachers for ongoing mathematics and science programming for
34students enrolled in prekindergarten through grade twelve.
352. 4. The collaborative initiative shall prioritize
-1383-1student interest in achievement in science, technology,
2engineering, and mathematics; reach every student and teacher
3in every school district in the state; identify, recruit,
4prepare, and support the best mathematics and science teachers;
5and sustain exemplary programs through the university’s Iowa
6mathematics and science education partnership. The university
7 innovation division shall collaborate with the community
8colleges to develop science, technology, engineering, and
9mathematics professional development programs for community
10college instructors and for purposes of science, technology,
11engineering, and mathematics curricula development.
123. 5. Subject to an appropriation of funds moneys by the
13general assembly, the initiative innovation division shall
14administer the following:
15a. Regional science, technology, engineering, and
16mathematics networks for Iowa, the purpose of which is to
17equalize science, technology, engineering, and mathematics
18education enrichment opportunities available to learners
19statewide. The initiative innovation division shall establish
20six geographically similar regional science, technology,
21engineering, and mathematics networks across Iowa that
22complement and leverage existing resources, including but
23not limited to extension service assets, area education
24agencies, state accredited postsecondary institutions,
25informal educational centers, school districts, economic
26development zones, and existing public and private science,
27technology, engineering, and mathematics partnerships. Each
28network shall be managed by a highly qualified science,
29technology, engineering, and mathematics advocate positioned
30at a network hub to be determined through a competitive
31application process. Oversight for each regional network
32shall be provided by a regional advisory board. Members of
33the board shall be appointed by the governor. The membership
34shall represent prekindergarten through grade twelve school
35districts and schools, and higher education, business,
-1384-1nonprofit organizations, youth agencies, and other appropriate
2stakeholders.
3b. A focused array of the best science, technology,
4engineering, and mathematics enrichment opportunities, selected
5through a competitive application process, that can be expanded
6to meet future needs. A limited, focused list of selected
7exemplary programs shall be made available to each regional
8network.
9c. Statewide science, technology, engineering, and
10mathematics programming designed to increase participation of
11students and teachers in successful learning experiences; to
12increase the number of science, technology, engineering, and
13mathematics-related teaching majors offered by the state’s
14universities; to elevate public awareness of the opportunities;
15and to increase collaboration and partnerships.
164. 6. The initiative innovation division shall evaluate the
17effectiveness of programming to document best practices.
187. The state board shall adopt rules pursuant to chapter 17A
19to administer this section.
20 Sec. 2521. CODE EDITOR DIRECTIVE.
211. The Code editor is directed to make the following
22transfer:
23Section 268.7 to section 256.111.
242. The Code editor shall correct internal references in the
25Code and in any enacted legislation as necessary due to the
26enactment of this section.
273. The Code editor may designate section 256.111, as enacted
28in this division of this Act, as new subchapter VI within
29chapter 256, entitled “Innovation Division”.
30 Sec. 2522. TRANSITION PROVISIONS.
311. The property and records in the custody of the state
32board of regents or the university of northern Iowa relating
33to the science, technology, engineering, and mathematics
34collaborative initiative shall be transferred to the department
35of education on or before the effective date of this division
-1385-1of this Act.
22. All employees of the university of northern Iowa whose
3primary workplace is located at the university of northern Iowa
4under the science, technology, engineering, and mathematics
5collaborative initiative established pursuant to section 268.7
6shall be considered employees of the innovation division of the
7department of education on the effective date of this division
8of this Act without incurring any loss in salary, benefits, or
9accrued years of service.
103. The state board of regents and the university of
11northern Iowa shall assist the department of education in
12implementing this division of this Act by providing for an
13effective transition of powers and duties from one entity
14to another under section 268.7, chapters 256 and 262, and
15related administrative rules. To the extent requested by
16the department of education, such assistance shall include
17assisting in cooperating with federal agencies such as the
18United States department of education.
194. Any contract issued or entered into by the state board
20of regents or the university of northern Iowa relating to the
21provisions of section 268.7, in effect on the effective date
22of this division of this Act, shall continue in full force and
23effect pending transfer of such contract to the innovation
24division of the department of education.
255. Federal funds utilized by the state board of regents or
26the university of northern Iowa prior to the effective date of
27this division of this Act to employ personnel necessary for
28the administration of the science, technology, engineering,
29and mathematics collaborative initiative established pursuant
30to section 268.7 shall be applied to and be available for the
31transfer of such personnel from the state board of regents or
32the university of northern Iowa to the innovation division of
33the department of education.
34HIGHER EDUCATION DIVISION AND MISCELLANEOUS CHANGES
35 Sec. 2523. Section 256.1, subsection 1, Code 2023, is
-1386-1amended by adding the following new paragraphs:
2 NEW PARAGRAPH. g. The Iowa educational services for the
3blind and visually impaired program.
4 NEW PARAGRAPH. h. The Iowa school for the deaf.
5 NEW PARAGRAPH. i. The science, technology, engineering,
6and mathematics collaborative initiative within the innovation
7division of the department.
8 NEW PARAGRAPH. j. The college student aid commission within
9the higher education division of the department.
10 NEW PARAGRAPH. k. The board of educational examiners within
11the higher education division of the department.
12 NEW PARAGRAPH. l. Career and technical education programs
13offered by school districts or community colleges.
14 Sec. 2524. Section 256.7, unnumbered paragraph 1, Code
152023, is amended to read as follows:
16Except for the college student aid commission, the
17commission of libraries and division of library services,
18 higher education division; the bureaus, boards, and commissions
19within the higher education division; and the public
20broadcasting board and division, the state board shall:
21 Sec. 2525. Section 256.9, unnumbered paragraph 1, Code
222023, is amended to read as follows:
23Except for the college student aid commission, the
24commission of libraries and division of library services,
25 higher education division; the bureaus, boards, and commissions
26within the higher education division; and the public
27broadcasting board and division, the director shall:
28 Sec. 2526. NEW SECTION. 256.121 Higher education division
29created.
301. The higher education division of the department of
31education is created. The chief administrative officer of the
32division is the administrator who shall be appointed by the
33director.
342. The administrator shall do all of the following:
35a. Administer and coordinate all of the following bureaus,
-1387-1boards, and commissions within the higher education division:
2(1) The career and technical education bureau under part 2.
3(2) The board of educational examiners under part 3.
4(3) The college student aid commission under part 4.
5(4) The community colleges bureau under chapter 260C.
6b. Direct and organize the activities of the division.
7c. Control all property of the division.
8d. Hire and control the personnel employed by the division.
9e. Perform other duties imposed by law.
10 Sec. 2527. CODE EDITOR DIRECTIVE. The Code editor may
11designate section 256.121 as new subchapter VII within chapter
12256, entitled “Higher Education Division”, and new part 1
13within new subchapter VII entitled “General Provisions”.
14COMMUNITY COLLEGES AND POST-SECONDARY READINESS BUREAU
15 Sec. 2528. Section 256.7, subsection 2, Code 2023, is
16amended to read as follows:
172. Constitute the state board for career and technical
18education under chapter 258 subchapter VII, part 2.
19 Sec. 2529. Section 256.11, subsection 5, paragraph h,
20subparagraph (2), Code 2023, is amended to read as follows:
21(2) Instructional programs provided under subparagraph (1)
22shall comply with the provisions of chapter 258 subchapter VII,
23part 2, relating to career and technical education, and shall
24be articulated with postsecondary programs of study and include
25field, laboratory, or on-the-job training. Each sequential
26unit shall contain a portion of a career and technical
27education program approved by the department. Standards for
28instructional programs shall include but not be limited to new
29and emerging technologies; job-seeking, job-adaptability, and
30other employment, self-employment and entrepreneurial skills
31that reflect current industry standards and labor-market needs;
32and reinforcement of basic academic skills.
33 Sec. 2530. Section 257.51, subsection 3, Code 2023, is
34amended to read as follows:
353. The department of education shall adopt rules to
-1388-1establish and administer a career academy grant program
2to provide for the allocation of money in the fund in
3the form of competitive grants, not to exceed one million
4dollars per grant, to school corporations for career academy
5infrastructure, career academy equipment, or both, in
6accordance with the goals of this section and to further the
7goals of the establishment and operation of career academies
8under section 258.15. The rules adopted by the department
9of education shall specify the eligibility of applicants
10and eligible items for grant funding. Priority for grants
11shall first be given to applications to establish new career
12academies that are organized as regional centers pursuant to
13chapter 258 256, subchapter VII, part 2. Subsequent priority
14shall be given to applications for expanding existing career
15academies.
16 Sec. 2531. Section 258.3, Code 2023, is amended to read as
17follows:
18258.3 Personnel Community colleges and post-secondary
19readiness bureau — personnel.
20The director of the department of education shall appoint
21the bureau chief of the community colleges and post-secondary
22readiness bureau, and the bureau chief shall direct the work of
23personnel as necessary to carry out this chapter part.
24 Sec. 2532. Section 258.3A, subsection 3, Code 2023, is
25amended to read as follows:
263. Adopt rules prescribing standards for approval of school
27district career and technical education programs; and community
28colleges with career and technical education programs; and
29practitioner preparation schools, departments, and classes,
30applying for federal and state moneys under this chapter part.
31 Sec. 2533. Section 258.4, subsection 10, Code 2023, is
32amended to read as follows:
3310. Notwithstanding the accreditation process contained
34in section 256.11, permit school districts that provide a
35program which does not meet the standards for accreditation
-1389-1for career and technical education to cooperate with the
2regional career and technical education planning partnership
3and contract for an approved program under this chapter part
4 without losing accreditation. A school district that fails
5to cooperate with the regional career and technical education
6planning partnership and contract for an approved program
7shall, however, be subject to section 256.11.
8 Sec. 2534. Section 258.6, Code 2023, is amended to read as
9follows:
10258.6 Definitions.
11As used in this chapter part:
121. “Approved career and technical education program” means
13a career and technical education program offered by a school
14district or community college and approved by the department
15 bureau which meets the standards for career and technical
16education programs adopted by the state board under this
17chapter part.
182. “Approved practitioner preparation school, department,
19or class” means a school, department, or class approved by the
20state board as entitled under this chapter part to federal
21moneys for the training of teachers of career and technical
22education subjects.
233. “Approved regional career and technical education
24planning partnership” means a regional entity that meets the
25standards for regional career and technical education planning
26partnerships adopted by the state board pursuant to section
27258.3A and section 258.14.
284. “Career academy” means a career academy established under
29section 258.15.
305. “Career and technical education service area” means
31any one of the service areas specified in section 256.11,
32subsection 5, paragraph “h”.
336. “Department” means the department of education.
347. “Director” means the director of the department of
35education.
-1390- 18. 6. “Sector partnership” means a regional industry sector
2partnership established pursuant to section 260H.7B.
39. 7. “State board” means the state board for career and
4technical education as provided in section 258.2.
510. 8. “Work-based learning” means opportunities and
6experiences that include but are not limited to tours, job
7shadowing, rotations, mentoring, entrepreneurship, service
8learning, internships, and apprenticeships.
911. 9. “Work-based learning intermediary network” means the
10statewide work-based learning intermediary network established
11pursuant to section 256.40.
12 Sec. 2535. Section 258.9, subsection 1, Code 2023, is
13amended to read as follows:
141. The board of directors of a school district or community
15college that maintains a career and technical education
16program receiving federal or state funds under this chapter
17 part shall, as a condition of approval by the state board,
18appoint a local advisory council for each career and technical
19education program offered by the school district or community
20college. However, a school district and a community college
21that maintain a career and technical education program
22receiving federal or state funds may create a joint local
23advisory council. The membership of each local advisory
24council shall consist of public members with expertise in
25the occupation or occupational field related to the career
26and technical education program. The local advisory council
27shall give advice and assistance to the board of directors,
28administrators, and instructors in the establishment and
29maintenance of the career and technical education program.
30 Sec. 2536. Section 258.11, Code 2023, is amended to read as
31follows:
32258.11 Salary and expenses for administration.
33The director may make expenditures for salaries and other
34expenses as necessary to the proper administration of this
35chapter part.
-1391-1 Sec. 2537. Section 260C.14, subsection 1, Code 2023, is
2amended to read as follows:
31. Determine the curriculum to be offered in such school or
4college subject to approval of the director and ensure that all
5career and technical education offerings are competency-based,
6provide any minimum competencies required by the department
7of education, comply with any applicable requirements in
8chapter 258 256, subchapter VII, part 2, and are articulated
9with local school district career and technical education
10programs. If an existing private educational institution or an
11existing vocational institution offering a career and technical
12education program within the merged area has facilities and
13curriculum of adequate size and quality which would duplicate
14the functions of the area school, the board of directors shall
15discuss with the institution the possibility of entering into
16contracts to have the existing institution offer facilities
17and curriculum to students of the merged area. The board of
18directors shall consider any proposals submitted by the private
19institution for providing such facilities and curriculum. The
20board of directors may enter into such contracts. In approving
21curriculum, the director shall ascertain that all courses
22and programs submitted for approval are needed and that the
23curriculum being offered by an area school does not duplicate
24programs provided by existing public or private facilities in
25the area. In determining whether duplication would actually
26exist, the director shall consider the needs of the area
27and consider whether the proposed programs are competitive
28as to size, quality, tuition, purposes, and area coverage
29with existing public and private educational or vocational
30institutions within the merged area. If the board of directors
31of the merged area chooses not to enter into contracts with
32private institutions under this subsection, the board shall
33submit a list of reasons why contracts to avoid duplication
34were not entered into and an economic impact statement relating
35to the board’s decision.
-1392-1 Sec. 2538. Section 598.21B, subsection 2, paragraph e,
2subparagraph (1), subparagraph division (c), Code 2023, is
3amended to read as follows:
4(c) The parent is attending a career and technical education
5program approved pursuant to chapter 258 256, subchapter VII,
6part 2.
7 Sec. 2539. EMERGENCY RULES. The state board of education
8may adopt emergency rules under section 17A.4, subsection 3,
9and section 17A.5, subsection 2, paragraph “b”, to implement
10the provisions of this division of this Act pertaining to the
11career and technical education bureau and the rules shall
12be effective immediately upon filing unless a later date is
13specified in the rules. Any rules adopted in accordance with
14this section shall also be published as a notice of intended
15action as provided in section 17A.4.
16 Sec. 2540. CODE EDITOR DIRECTIVE.
171. The Code editor is directed to make the following
18transfers:
19a. Section 258.1 to section 256.126.
20b. Section 258.2 to section 256.127.
21c. Section 258.3 to section 256.128.
22d. Section 258.3A to section 256.129.
23e. Section 258.4 to section 256.130.
24f. Section 258.5 to section 256.131.
25g. Section 258.6 to section 256.125.
26h. Section 258.9 to section 256.132.
27i. Section 258.10 to section 256.133.
28j. Section 258.11 to section 256.134.
29k. Section 258.12 to section 256.135.
30l. Section 258.14 to section 256.136.
31m. Section 258.15 to section 256.137.
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.
353. The Code editor may designate sections 256.125 through
-1393-1256.137, as amended or enacted in this division of this Act,
2as new part 2 entitled “Career and Technical Education Bureau”
3within the subchapter entitled “Higher Education Division” as
4enacted by another division of this Act.
5 Sec. 2541. TRANSITION PROVISIONS.
61. Any contract issued or entered into by the state board
7of education or the department of education relating to the
8provisions of chapter 258, in effect on the effective date
9of this division of this Act, shall continue in full force
10and effect pending transfer of such contract to the higher
11education division of the department of education.
122. All employees of the department of education who work
13under the career and technical education program established
14pursuant to chapter 258 shall be considered employees of the
15career and technical education bureau of the higher education
16division of the department of education on the effective date
17of this division of this Act without incurring any loss in
18salary, benefits, or accrued years of service.
19BOARD OF EDUCATIONAL EXAMINERS
20 Sec. 2542. Section 20.17, subsection 10, paragraph a, Code
212023, is amended to read as follows:
22a. In the absence of an impasse agreement negotiated
23pursuant to section 20.19 which provides for a different
24completion date, public employees represented by a certified
25employee organization who are teachers licensed under chapter
26272 256, subchapter VII, part 3, and who are employed by a
27public employer which is a school district or area education
28agency shall complete the negotiation of a proposed collective
29bargaining agreement not later than May 31 of the year
30when the agreement is to become effective. The board shall
31provide, by rule, a date on which impasse items in such cases
32must be submitted to binding arbitration and for such other
33procedures as deemed necessary to provide for the completion
34of negotiations of proposed collective bargaining agreements
35not later than May 31. The date selected for the mandatory
-1394-1submission of impasse items to binding arbitration in such
2cases shall be sufficiently in advance of May 31 to ensure that
3the arbitrator’s award can be reasonably made by May 31.
4 Sec. 2543. Section 20.19, subsection 1, Code 2023, is
5amended to read as follows:
61. As the first step in the performance of their duty to
7bargain, the public employer and the employee organization
8shall endeavor to agree upon impasse procedures. Such
9agreement shall provide for implementation of these impasse
10procedures not later than one hundred twenty days prior to
11the certified budget submission date of the public employer.
12However, if public employees represented by the employee
13organization are teachers licensed under chapter 272 256,
14subchapter VII, part 3, and the public employer is a school
15district or area education agency, the agreement shall provide
16for implementation of impasse procedures not later than one
17hundred twenty days prior to May 31 of the year when the
18collective bargaining agreement is to become effective. If the
19public employer is a community college, the agreement shall
20provide for implementation of impasse procedures not later than
21one hundred twenty days prior to May 31 of the year when the
22collective bargaining agreement is to become effective. If
23the public employer is not subject to the budget certification
24requirements of section 24.17 and other applicable sections,
25the agreement shall provide for implementation of impasse
26procedures not later than one hundred twenty days prior
27to the date the next fiscal or budget year of the public
28employer commences. If the parties fail to agree upon impasse
29procedures under the provisions of this section, the impasse
30procedures provided in sections 20.20 and 20.22 shall apply.
31 Sec. 2544. Section 20.20, Code 2023, is amended to read as
32follows:
3320.20 Mediation.
34In the absence of an impasse agreement negotiated pursuant
35to section 20.19 or the failure of either party to utilize its
-1395-1procedures, one hundred twenty days prior to the certified
2budget submission date, or one hundred twenty days prior to
3May 31 of the year when the collective bargaining agreement
4is to become effective if public employees represented by the
5employee organization are teachers licensed under chapter
6272 256, subchapter VII, part 3, and the public employer is
7a school district or area education agency, the board shall,
8upon the request of either party, appoint an impartial and
9disinterested person to act as mediator. If the public
10employer is a community college, and in the absence of an
11impasse agreement negotiated pursuant to section 20.19 or
12the failure of either party to utilize its procedures, one
13hundred twenty days prior to May 31 of the year when the
14collective bargaining agreement is to become effective, the
15board, upon the request of either party, shall appoint an
16impartial and disinterested person to act as mediator. If the
17public employer is not subject to the budget certification
18requirements of section 24.17 or other applicable sections and
19in the absence of an impasse agreement negotiated pursuant
20to section 20.19, or the failure of either party to utilize
21its procedures, one hundred twenty days prior to the date the
22next fiscal or budget year of the public employer commences,
23the board, upon the request of either party, shall appoint an
24impartial and disinterested person to act as a mediator. It
25shall be the function of the mediator to bring the parties
26together to effectuate a settlement of the dispute, but the
27mediator may not compel the parties to agree.
28 Sec. 2545. Section 235A.15, subsection 2, paragraph e,
29subparagraph (9), Code 2023, is amended to read as follows:
30(9) To the board of educational examiners created under
31chapter 272 256 for purposes of determining whether a license,
32certificate, or authorization should be issued, denied, or
33revoked.
34 Sec. 2546. Section 235B.6, subsection 2, paragraph e,
35subparagraph (13), Code 2023, is amended to read as follows:
-1396- 1(13) To the board of educational examiners created under
2chapter 272 256 for purposes of determining whether a license,
3certificate, or authorization should be issued, denied, or
4revoked.
5 Sec. 2547. Section 256.7, subsection 26, paragraph a,
6subparagraph (2), Code 2023, is amended to read as follows:
7(2) The rules shall allow a school district or accredited
8nonpublic school to award high school credit to an enrolled
9student upon the demonstration of required competencies for
10a course or content area, as approved by a teacher licensed
11under chapter 272 subchapter VII, part 3. The school district
12or accredited nonpublic school shall determine the assessment
13methods by which a student demonstrates sufficient evidence of
14the required competencies.
15 Sec. 2548. Section 256.7, subsection 32, paragraph c, Code
162023, is amended to read as follows:
17c. Rules adopted pursuant to this subsection shall require
18that online learning coursework offered by school districts,
19accredited nonpublic schools, and area education agencies be
20rigorous, high-quality, aligned with the Iowa core and core
21content requirements and standards and the national standards
22of quality for online courses issued by an internationally
23recognized association for kindergarten through grade twelve
24online learning, and taught by a teacher licensed under chapter
25272 subchapter VII, part 3, who has specialized training or
26experience in online learning, including but not limited to an
27online-learning-for-Iowa-educators-professional-development
28project offered by area education agencies, a teacher
29preservice program, or comparable coursework.
30 Sec. 2549. Section 256.9, subsection 55, Code 2023, is
31amended to read as follows:
3255. Develop and maintain a list of approved online
33providers that provide course content through an online
34learning platform taught by a teacher licensed under chapter
35272 subchapter VII, part 3, who has specialized training or
-1397-1experience in online learning including but not limited to an
2online-learning-for-Iowa-educators-professional-development
3project offered by area education agencies, a teacher
4preservice program, or comparable coursework, and whose online
5learning coursework meets the requirements established by
6rule pursuant to section 256.7, subsection 32, paragraph “c”.
7Providers shall apply for approval annually or as determined
8by the department.
9 Sec. 2550. Section 256.11, subsections 9, 9A, and 9B, Code
102023, are amended to read as follows:
119. Beginning July 1, 2006, each school district shall have a
12qualified teacher librarian who shall be licensed by the board
13of educational examiners under chapter 272 subchapter VII,
14part 3. The state board shall establish in rule a definition
15of and standards for an articulated sequential kindergarten
16through grade twelve media program. A school district that
17entered into a contract with an individual for employment as a
18media specialist or librarian prior to June 1, 2006, shall be
19considered to be in compliance with this subsection until June
2030, 2011, if the individual is making annual progress toward
21meeting the requirements for a teacher librarian endorsement
22issued by the board of educational examiners under chapter
23272 subchapter VII, part 3. A school district that entered
24into a contract with an individual for employment as a media
25specialist or librarian who holds at least a master’s degree in
26library and information studies shall be considered to be in
27compliance with this subsection until the individual leaves the
28employ of the school district.
299A. Beginning July 1, 2007, each school district shall have
30a qualified guidance counselor who shall be licensed by the
31board of educational examiners under chapter 272 subchapter
32VII, part 3. Each school district shall work toward the
33goal of having one qualified guidance counselor for every
34three hundred fifty students enrolled in the school district.
35The state board shall establish in rule a definition of and
-1398-1standards for an articulated sequential kindergarten through
2grade twelve guidance and counseling program.
39B. Beginning July 1, 2007, each school district shall have
4a school nurse to provide health services to its students.
5Each school district shall work toward the goal of having one
6school nurse for every seven hundred fifty students enrolled in
7the school district. For purposes of this subsection, “school
8nurse” means a person who holds an endorsement or a statement of
9professional recognition for school nurses issued by the board
10of educational examiners under chapter 272 subchapter VII, part
113.
12 Sec. 2551. Section 256.11, subsection 17, paragraph a,
13subparagraph (1), subparagraph division (a), Code 2023, is
14amended to read as follows:
15(a) The school district or accredited nonpublic school
16makes every reasonable and good faith effort to employ a
17teacher licensed under chapter 272 subchapter VII, part 3, for
18the specified subject and is unable to employ such a teacher.
19 Sec. 2552. Section 256.11, subsection 17, paragraph c,
20subparagraphs (1) and (3), Code 2023, are amended to read as
21follows:
22(1) An online learning platform if the course is developed
23by the school district or accredited nonpublic school itself
24or is developed by a partnership or consortium of schools
25that have developed the course individually or cooperatively,
26provided the course is taught and supervised by a teacher
27licensed under chapter 272 subchapter VII, part 3, who has
28online learning experience and the course content meets the
29requirements established by rule pursuant to section 256.7,
30subsection 32, paragraph “c”. A partnership or consortium of
31schools may include two or more school districts or accredited
32nonpublic schools, or any combination thereof.
33(3) An online learning platform offered, subject to the
34initial availability of federal funds, by the department in
35collaboration with one or more area education agencies or in
-1399-1partnership with school districts and accredited nonpublic
2schools. The online learning platform may deliver distance
3education to students, including students receiving competent
4private instruction under chapter 299A, provided such students
5register with the school district of residence and the
6coursework offered by the online learning platform is taught
7and supervised by a teacher licensed under chapter 272
8subchapter VII, part 3, who has online learning experience and
9the course content meets the requirements established by rule
10pursuant to section 256.7, subsection 32, paragraph “c”. The
11department and the area education agencies operating online
12learning programs pursuant to section 273.16 shall coordinate
13to ensure the most effective use of resources and delivery
14of services. Federal funds, if available, may be used to
15offset what would otherwise be costs to school districts for
16participation in the program.
17 Sec. 2553. Section 256.16, subsection 2, Code 2023, is
18amended to read as follows:
192. A person initially applying for a license shall
20successfully complete a practitioner preparation program
21approved under section 256.7, subsection 3, and containing the
22subject matter specified in this section, before the initial
23action by the board of educational examiners under chapter 272
24subchapter VII, part 3, takes place.
25 Sec. 2554. Section 256.41, subsection 2, Code 2023, is
26amended to read as follows:
272. Online learning curricula shall be provided and
28supervised by a teacher licensed under chapter 272 subchapter
29VII, part 3.
30 Sec. 2555. Section 256.43, subsection 1, paragraph d, Code
312023, is amended to read as follows:
32d. High-quality online instruction taught by teachers
33licensed under chapter 272 subchapter VII, part 3.
34 Sec. 2556. Section 256.43, subsection 2, paragraph a, Code
352023, is amended to read as follows:
-1400- 1a. At the discretion of the school board or authorities in
2charge of an accredited nonpublic school, after consideration
3of circumstances created by necessity, convenience, and
4cost-effectiveness, courses developed by private providers may
5be utilized by the school district or school in implementing a
6high-quality online learning program. Courses obtained from
7private providers shall be taught by teachers licensed under
8chapter 272 subchapter VII, part 3.
9 Sec. 2557. Section 256.43, subsection 3, Code 2023, is
10amended to read as follows:
113. Grading. Grades in online courses shall be based,
12at a minimum, on whether a student mastered the subject,
13demonstrated competency, and met the standards established
14by the school district. Grades shall be conferred only by
15teachers licensed under chapter 272 subchapter VII, part 3.
16 Sec. 2558. Section 256C.3, subsection 2, paragraph a,
17subparagraph (2), Code 2023, is amended to read as follows:
18(2) The individual is appropriately licensed under chapter
19272 256, subchapter VII, part 3, and meets requirements under
20chapter 284.
21 Sec. 2559. Section 256E.7, subsection 4, paragraph b,
22subparagraphs (1), (2), and (3), Code 2023, are amended to read
23as follows:
24(1) An administrator who holds a valid license under chapter
25272 256, subchapter VII, part 3.
26(2) A teacher who holds a valid license under chapter 272
27 256, subchapter VII, part 3.
28(3) An individual who holds an authorization to be a
29charter school administrator issued by the board of educational
30examiners under chapter 272 256, subchapter VII, part 3. The
31board of educational examiners shall adopt rules for the
32issuance of such authorizations not later than December 31,
332021, and such authorizations shall only be valid for service
34or employment as a charter school administrator.
35 Sec. 2560. Section 257.11, subsection 3, paragraph c,
-1401-1subparagraph (1), Code 2023, is amended to read as follows:
2(1) The school district has made every reasonable and good
3faith effort to employ a teacher licensed under chapter 272
4 256, subchapter VII, part 3, for the science or mathematics
5unit, as applicable, and is unable to employ such a teacher.
6For purposes of this paragraph “c”, “good faith effort” means
7the same as defined in section 279.19A, subsection 9.
8 Sec. 2561. Section 260C.48, subsection 1, paragraph a,
9subparagraph (2), Code 2023, is amended to read as follows:
10(2) For purposes of subparagraph (1), subparagraph
11divisions (b) and (c), if the instructor is a licensed
12practitioner who holds a career and technical endorsement
13under chapter 272 256, subchapter VII, part 3, relevant work
14experience in the occupational area includes but is not limited
15to classroom instruction in a career and technical education
16subject area offered by a school district or accredited
17nonpublic school.
18 Sec. 2562. Section 261.1, subsection 2, paragraph d,
19subparagraph (5), Code 2023, is amended to read as follows:
20(5) One member shall represent practitioners licensed under
21chapter 272 256, subchapter VII, part 3. When appointing
22this member, the governor shall give careful consideration to
23any person nominated by an Iowa teacher association or other
24education stakeholder organization.
25 Sec. 2563. Section 261E.4, subsection 3, Code 2023, is
26amended to read as follows:
273. A school district shall ensure that advanced placement
28course teachers or instructors are appropriately licensed
29by the board of educational examiners in accordance with
30chapter 272 256, subchapter VII, part 3, and meet the minimum
31certification requirements of the national organization that
32administers the advanced placement program.
33 Sec. 2564. Section 261H.2, subsection 3, paragraph b, Code
342023, is amended to read as follows:
35b. If it is determined, after exhaustion of all available
-1402-1administrative and judicial appeals, that a faculty member
2knowingly and intentionally restricts the protected speech or
3otherwise penalizes a student in violation of this subsection,
4the faculty member shall be subject to discipline by the
5institution through the normal disciplinary processes of the
6institution, and such discipline may include termination
7depending on the totality of the facts. If the faculty member
8is licensed by the board of educational examiners under chapter
9272 256, subchapter VII, part 3, the board of educational
10examiners shall conduct a hearing pursuant to section 272.13,
11and the faculty member may be subject to disciplinary action
12by the board.
13 Sec. 2565. Section 272.1, Code 2023, is amended to read as
14follows:
15272.1 Definitions.
16As used in this part, unless the context otherwise requires:
171. “Administrator” means a person who is licensed to
18coordinate, supervise, or direct an educational program or the
19activities of other practitioners.
202. “Board” means the board of educational examiners.
213. “Certificate” means limited recognition to perform
22instruction and instruction-related duties in school, other
23than those duties for which practitioners are licensed. A
24certificate is nonexclusive recognition and does not confer the
25exclusive authority of a license.
264. “Department” means the state department of education.
275. 4. “License” means the authority that is given to allow
28a person to legally serve as a practitioner, a school, an
29institution, or a course of study to legally offer professional
30development programs, other than those programs offered by
31practitioner preparation schools, institutions, courses of
32study, or area education agencies. A license is the exclusive
33authority to perform these functions.
346. 5. “Offense directly relates” refers to either of the
35following:
-1403- 1a. The actions taken in furtherance of an offense are
2actions customarily performed within the scope of practice of
3a licensed profession.
4b. The circumstances under which an offense was committed
5are circumstances customary to a licensed profession.
67. 6. “Para-educator” means a person who is certified to
7assist a teacher in the performance of instructional tasks to
8support and assist classroom instruction and related school
9activities.
108. 7. “Practitioner” means an administrator, teacher,
11or other licensed professional, including an individual who
12holds a statement of professional recognition, who provides
13educational assistance to students.
149. 8. “Practitioner preparation program” means a program
15approved by the state board of education which prepares a
16person to obtain a license as a practitioner.
1710. 9. “Principal” means a licensed member of a school’s
18instructional staff who serves as an instructional leader,
19coordinates the process and substance of educational and
20instructional programs, coordinates the budget of the school,
21provides formative evaluation for all practitioners and other
22persons in the school, recommends or has effective authority
23to appoint, assign, promote, or transfer personnel in a school
24building, implements the local school board’s policy in a
25manner consistent with professional practice and ethics, and
26assists in the development and supervision of a school’s
27student activities program.
2811. 10. “Professional development program” means a course or
29program which is offered by a person or agency for the purpose
30of providing continuing education for the renewal or upgrading
31of a practitioner’s license.
3212. 11. “School” means a school under section 280.2, an
33area education agency, and a school operated by a state agency
34for special purposes.
3513. 12. “School administration manager” means a person
-1404-1who is authorized to assist a school principal in performing
2noninstructional administrative duties.
314. 13. “School service personnel” means those persons
4holding a practitioner’s license who provide support services
5for a student enrolled in school or to practitioners employed
6in a school.
715. 14. “Student” means a person who is enrolled in
8a course of study at a school or practitioner preparation
9program, or who is receiving direct or indirect assistance from
10a practitioner.
1116. 15. “Superintendent” means an administrator
12who promotes, demotes, transfers, assigns, or evaluates
13practitioners or other personnel, and carries out the policies
14of a governing board in a manner consistent with professional
15practice and ethics.
1617. 16. “Teacher” means a licensed member of a school’s
17instructional staff who diagnoses, prescribes, evaluates,
18and directs student learning in a manner which is consistent
19with professional practice and school objectives, shares
20responsibility for the development of an instructional program
21and any coordinating activities, evaluates or assesses student
22progress before and after instruction, and who uses the student
23evaluation or assessment information to promote additional
24student learning.
2518. 17. “Work-based learning program supervisor” means a
26person who is certified pursuant to section 272.16 to supervise
27students’ opportunities and experiences related to workplace
28tours, job shadowing, rotations, mentoring, entrepreneurship,
29service learning, internships, and apprenticeships.
30 Sec. 2566. Section 272.2, unnumbered paragraph 1, Code
312023, is amended to read as follows:
32The board of educational examiners is created within the
33higher education division of the department of education to
34exercise the exclusive authority to:
35 Sec. 2567. Section 272.2, subsection 1, paragraph a, Code
-1405-12023, is amended to read as follows:
2a. License practitioners, which includes the authority to
3establish do all of the following:
4(1) Establishcriteria for the licenses; establish.
5(2) Establishissuance and renewal requirements, provided
6that a continuing education requirement may be completed by
7electronic means; create.
8(3) Createapplication and renewal forms; create.
9(4) Createlicenses that authorize different instructional
10functions or specialties; develop.
11(5) Developa code of professional rights and
12responsibilities, practices, and ethics, which shall, among
13other things, address the all of the following:
14(a) Thefailure of a practitioner to fulfill contractual
15obligations under section 279.13, the. In addressing the
16failure of a practitioner to fulfill contractual obligations,
17the board shall consider factors beyond the practitioner’s
18control.
19(b) Thefailure of an administrator to protect the safety of
20staff and students, the.
21(c) Thefailure of an administrator to meet mandatory
22reporter obligations, the.
23(d) Therefusal of a practitioner to implement provisions of
24an individualized education program or behavioral intervention
25plan, and habitual.
26(e) Habitualnonparticipation in professional development;
27and develop.
28(f) The development ofany other classifications,
29distinctions, and procedures which may be necessary to exercise
30licensing duties. In addressing the failure of a practitioner
31to fulfill contractual obligations, the board shall consider
32factors beyond the practitioner’s control.
33 Sec. 2568. Section 272.2, subsections 4 and 24, Code 2023,
34are amended to read as follows:
354. Enforce rules adopted by the board through revocation
-1406-1or suspension of a license, or by other disciplinary action
2against a practitioner or professional development program
3licensed by the board of educational examiners. The
4board shall designate who may or shall initiate a licensee
5disciplinary investigation and a licensee disciplinary
6proceeding, and who shall prosecute a disciplinary proceeding
7and under what conditions, and shall state the procedures for
8review by the board of findings of fact if a majority of the
9board does not hear the disciplinary proceeding. However, in a
10case alleging failure of a practitioner to fulfill contractual
11obligations, the person who files a complaint with the board,
12or the complainant’s designee, shall represent the complainant
13in a disciplinary hearing conducted in accordance with this
14chapter part.
1524. By August 1, 2021, adopt rules pursuant to chapter 17A,
16developed in consultation with the department, establishing a
17statement of professional recognition for behavior analysts
18licensed under chapter 154D.
19 Sec. 2569. Section 272.2, subsection 7, Code 2023, is
20amended by striking the subsection.
21 Sec. 2570. Section 272.2, subsection 14, paragraph d, Code
222023, is amended to read as follows:
23d. An applicant for a license or certificate under this
24chapter part shall demonstrate that the requirements of
25the license or certificate have been met and the burden of
26proof shall be on the applicant. However, if the executive
27director of the board receives notice from the director of the
28department of education under section 256.9, subsection 17,
29that an error in the basic education data survey submission
30resulted in an incorrect determination relating to licensure
31of a practitioner, the executive director shall initiate
32corrective action with the board and the findings of the
33director of the department of education shall be sufficient
34evidence to correct such error.
35 Sec. 2571. Section 272.3, subsection 1, unnumbered
-1407-1paragraph 1, Code 2023, is amended to read as follows:
2The board of educational examiners consists of twelve
3members. Two must shall be members of the general public, one
4must shall be the director of the department of education or
5the director’s designee, and the remaining nine members must
6 shall be licensed practitioners. One of the public members
7shall have served on a school board. The public members shall
8never have held a practitioner’s license, but shall have a
9demonstrated interest in education. The nine practitioners
10shall be selected from the following areas and specialties of
11the teaching profession:
12 Sec. 2572. Section 272.3, subsection 2, Code 2023, is
13amended to read as follows:
142. A majority of the licensed practitioner members shall
15be nonadministrative practitioners. Four of the members shall
16be administrators. Membership of the board shall comply with
17the requirements of sections 69.16 and 69.16A. A quorum of
18the board shall consist of six members. Members shall elect a
19chairperson of the board. Members, except for the director of
20the department of education or the director’s designee, shall
21be appointed by the governor subject to confirmation by the
22senate.
23 Sec. 2573. Section 272.4, subsection 1, unnumbered
24paragraph 1, Code 2023, is amended to read as follows:
25Members, except for the director of the department of
26education or the director’s designee, shall be appointed to
27serve staggered terms of four years. A member shall not serve
28more than two consecutive terms, except for the director of the
29department of education or the director’s designee, who shall
30serve until the director’s term of office expires. A member of
31the board, except for the two public members and the director
32of the department of education or the director’s designee,
33shall hold a valid practitioner’s license during the member’s
34term of office. A vacancy exists when any of the following
35occur:
-1408-1 Sec. 2574. Section 272.5, subsection 2, Code 2023, is
2amended to read as follows:
32. The governor director shall appoint an executive
4director of the board of educational examiners subject to
5confirmation by the senate. The executive director shall
6possess a background in education licensure and administrative
7experience and shall serve at the pleasure of the governor.
8The board of educational examiners director shall set the
9salary of the executive director within the range established
10for the position by the general assembly.
11 Sec. 2575. Section 272.9, subsection 1, Code 2023, is
12amended to read as follows:
131. A certificate which was issued by the board of
14educational examiners to a practitioner before July 1, 1989,
15continues to be in force as long as the certificate complies
16with the rules and statutes in effect on July 1, 1989.
17Requirements for the renewal of licenses, under this chapter
18 part, do not apply retroactively to renewal of certificates.
19However, this section does not limit the duties or powers of
20a school board to select or discharge practitioners or to
21terminate practitioners’ contracts.
22 Sec. 2576. Section 272.9A, subsection 3, Code 2023, is
23amended to read as follows:
243. An administrator formerly employed by an accredited
25nonpublic school or formerly employed as an administrator in
26another state or country is exempt from the mentoring and
27induction requirement under subsection 1 if the administrator
28can document two years of successful administrator experience
29and meet or exceed the requirements contained in rules adopted
30pursuant to this chapter part for endorsement and licensure.
31However, if an administrator cannot document two years of
32successful administrator experience when hired by a school
33district, the administrator shall meet the requirements of
34subsection 1.
35 Sec. 2577. Section 272.10, subsections 1, 2, and 5, Code
-1409-12023, are amended to read as follows:
21. It is the intent of the general assembly that licensing
3fees established by the board of educational examiners be
4sufficient to finance the activities of the board under this
5chapter part.
62. Licensing fees are payable to the treasurer of state and
7shall be deposited with the executive director of the board.
8The executive director shall deposit twenty-five percent of
9the fees collected annually with the treasurer of state and
10the fees shall be credited to the general fund of the state.
11The remaining licensing fees collected during the fiscal year
12shall be retained by and are appropriated to the board for
13the purposes related to the board’s duties. Notwithstanding
14section 8.33, licensing fees retained by and appropriated to
15the board pursuant to this section that remain unencumbered or
16unobligated at the close of the fiscal year shall not revert
17but shall remain available for expenditure for the activities
18of the board as provided in this chapter part until the close
19of the succeeding fiscal year.
205. The fees established by the board for the administrative
21costs of processing complaints and conducting hearings pursuant
22to section 272.2, subsection 23, may include a fee for personal
23service by a sheriff, a fee for legal notice when placed in a
24newspaper, transcription service or court reporter fee, and
25other fees assessed as costs by the board. The fees collected
26annually in accordance with this subsection shall be retained
27by and are appropriated to the board for the purposes related
28to the board’s duties. Notwithstanding section 8.33, fees
29retained by and appropriated to the board pursuant to this
30subsection that remain unencumbered or unobligated at the close
31of the fiscal year shall not revert but shall remain available
32for expenditure for the activities of the board as provided
33in this chapter part until the close of the succeeding fiscal
34year.
35 Sec. 2578. Section 272.11, Code 2023, is amended to read as
-1410-1follows:
2272.11 Expenditures and refunds.
3Expenditures and refunds made by the board under this
4chapter part shall be certified by the executive director of
5the board to the director of the department of administrative
6services, and if found correct, the director of the department
7of administrative services shall approve the expenditures and
8refunds and draw warrants upon the treasurer of state from the
9funds appropriated for that purpose.
10 Sec. 2579. Section 272.12, Code 2023, is amended to read as
11follows:
12272.12 Para-educator certificates.
13The board of educational examiners shall adopt rules
14pursuant to chapter 17A relating to a voluntary certification
15system for para-educators. The rules shall specify rights,
16responsibilities, levels, and qualifications for the
17certificate. Applicants shall be disqualified for any reason
18specified in section 272.2, subsection 14, or in administrative
19rule. Notwithstanding section 272.2, subsection 14, paragraph
20“b”, subparagraph (2), the board may issue a para-educator
21certificate to a person who is at least eighteen years of age.
22A person holding a para-educator certificate shall not perform
23the duties of a licensed practitioner. A certificate issued
24pursuant to this chapter part shall not be considered a teacher
25or administrator license for any purpose specified by law,
26including the purposes specified under this chapter part or
27chapter 279.
28 Sec. 2580. Section 272.15, subsections 2 and 4, Code 2023,
29are amended to read as follows:
302. If, in the course of performing official duties, an
31employee of the department becomes aware of any alleged
32misconduct by an individual licensed under this chapter part,
33the employee shall report the alleged misconduct to the board
34of educational examiners under rules adopted pursuant to
35subsection 1.
-1411- 14. If the executive director of the board verifies through
2a review of official records that a teacher who holds a
3practitioner’s license under this chapter part is assigned
4instructional duties for which the teacher does not hold the
5appropriate license or endorsement, either by grade level or
6subject area, by a school district or accredited nonpublic
7school, the executive director may initiate a complaint
8against the teacher and the administrator responsible for the
9inappropriate assignment of instructional duties.
10 Sec. 2581. Section 272.16, subsections 1, 2, and 3, Code
112023, are amended to read as follows:
121. The board of educational examiners shall adopt rules
13pursuant to chapter 17A relating to a certification system
14for work-based learning program supervisors. The rules shall
15specify rights, responsibilities, levels, and qualifications
16for the certificate. The certificate shall not require more
17than fifteen contact hours, which shall be available over
18the internet and which shall provide instruction related to
19fundamentals in career education, curriculum, assessment, and
20the evaluation of student participation.
212. Applicants shall be disqualified for any reason
22specified in section 272.2, subsection 14, or in rules adopted
23by the board of educational examiners.
243. A certificate issued pursuant to this section shall
25not be considered a teacher or administrator license for any
26purpose specified by law, including the purposes specified
27under this chapter part or chapter 279.
28 Sec. 2582. Section 272.20, Code 2023, is amended to read as
29follows:
30272.20 National certification.
31The board of educational examiners shall review the
32standards for teacher’s certificates adopted by the national
33board for professional teaching standards, a nonprofit
34corporation created as a result of recommendations of the
35task force on teaching as a profession of the Carnegie
-1412-1forum on education and the economy. In those cases in
2which the standards required by the national board for an
3Iowa endorsement or license meet or exceed the requirements
4contained in rules adopted under this chapter part for that
5endorsement or license, the board of educational examiners
6 shall issue endorsements or licenses to holders of certificates
7issued by the national board who request the endorsement or
8license.
9 Sec. 2583. Section 272.28, subsection 2, Code 2023, is
10amended to read as follows:
112. A teacher from an accredited nonpublic school or another
12state or country is exempt from the requirement of subsection 1
13if the teacher can document three years of successful teaching
14experience and meet or exceed the requirements contained in
15rules adopted under this chapter part for endorsement and
16licensure.
17 Sec. 2584. Section 272.29, Code 2023, is amended to read as
18follows:
19272.29 Annual administrative rules review — triennial
20report.
21The executive director of the board shall annually review
22the administrative rules adopted pursuant to this chapter part
23 and related state laws. The executive director shall submit
24the executive director’s findings and recommendations in a
25report every three years to the board and the general assembly
26by January 15.
27 Sec. 2585. Section 272C.15, subsection 1, Code 2023, is
28amended to read as follows:
291. Notwithstanding any other provision of law to the
30contrary, except for chapter 272 256, subchapter VII, part 3, a
31person’s conviction of a crime may be grounds for the denial,
32revocation, or suspension of a license only if an unreasonable
33risk to public safety exists because the offense directly
34relates to the duties and responsibilities of the profession
35and the appropriate licensing board, agency, or department does
-1413-1not grant an exception pursuant to subsection 4.
2 Sec. 2586. Section 273.3, subsections 11 and 25, Code 2023,
3are amended to read as follows:
411. Employ personnel to carry out the functions of the
5area education agency which shall include the employment of an
6administrator who shall possess a license issued under chapter
7272 256, subchapter VII, part 3. The administrator shall
8be employed pursuant to section 279.20 and sections 279.23,
9279.24, and 279.25. The salary for an area education agency
10administrator shall be established by the board based upon
11the previous experience and education of the administrator.
12Section 279.13 applies to the area education agency board
13and to all teachers employed by the area education agency.
14Sections 279.23, 279.24, and 279.25 apply to the area education
15board and to all administrators employed by the area education
16agency. Section 279.69 applies to the area education agency
17board and employees of the board, including part-time,
18substitute, or contract employees, who provide services to a
19school or school district.
2025. Require, by July 1, 2024, any person employed by
21the area education agency who holds a license, certificate,
22statement of recognition, or authorization other than a
23coaching authorization, issued by the board of educational
24examiners under chapter 272 256, subchapter VII, part 3, to
25complete the Iowa reading research center dyslexia overview
26module. Such persons employed after July 1, 2024, shall
27complete the module within one year of the employee’s initial
28date of hire.
29 Sec. 2587. Section 279.13, subsection 1, paragraph b,
30subparagraph (1), Code 2023, is amended to read as follows:
31(1) Prior to entering into an initial contract with a
32teacher who holds a license other than an initial license
33issued by the board of educational examiners under chapter 272
34 256, subchapter VII, part 3, the school district shall initiate
35a state criminal history record check of the applicant through
-1414-1the division of criminal investigation of the department of
2public safety, submit the applicant’s fingerprints to the
3division for submission to the federal bureau of investigation
4for a national criminal history record check, and review the
5sex offender registry information under section 692A.121
6available to the general public, the central registry for
7child abuse information established under section 235A.14, and
8the central registry for dependent adult abuse information
9established under section 235B.5 for information regarding the
10applicant for employment as a teacher.
11 Sec. 2588. Section 279.19B, subsection 1, paragraph a,
12unnumbered paragraph 1, Code 2023, is amended to read as
13follows:
14The board of directors of a school district may employ for
15head coach of any interscholastic athletic activities or for
16assistant coach of any interscholastic athletic activity, an
17individual who possesses a coaching authorization issued by the
18board of educational examiners or possesses a teaching license
19with a coaching endorsement issued pursuant to chapter 272 256,
20subchapter VII, part 3. However, a board of directors of a
21school district shall consider applicants with qualifications
22described below, in the following order of priority:
23 Sec. 2589. Section 279.50A, subsection 1, paragraph a, Code
242023, is amended to read as follows:
25a. The school district has made every reasonable and
26good faith effort to employ a teacher licensed under chapter
27272 256, subchapter VII, part 3, for the unit of science or
28mathematics, as applicable, and is unable to employ such a
29teacher. For purposes of this subsection, “good faith effort”
30means the same as defined in section 279.19A, subsection 9.
31 Sec. 2590. Section 279.72, Code 2023, is amended to read as
32follows:
33279.72 Training on dyslexia.
34By July 1, 2024, the board of directors of a school
35district shall require all persons employed by the school
-1415-1district who hold a teaching license with an endorsement
2for prekindergarten, prekindergarten or elementary special
3education, or prekindergarten through grade three levels
4issued under chapter 272 256, subchapter VII, part 3, all
5practitioners and paraprofessionals assigned as Title I
6teachers and Title I paraprofessionals under the federal Every
7Student Succeeds Act, Pub.L. No.114-95, and all practitioners
8endorsed to teach English as a second language to complete the
9Iowa reading research center dyslexia overview module. Such
10persons employed by the school district after July 1, 2024,
11shall complete the module within one year of the employee’s
12initial date of hire.
13 Sec. 2591. Section 279.73, subsection 2, Code 2023, is
14amended to read as follows:
152. If the board of directors of the school district or
16a court finds that an employee of the school district who
17holds a license, certificate, statement of recognition, or
18authorization issued by the board of educational examiners
19under chapter 272 256, subchapter VII, part 3, discriminated
20against a student or employee in violation of this section,
21the employee found to be in violation under this section shall
22be subject to a hearing conducted by the board of educational
23examiners pursuant to section 272.2, subsection 14, which may
24result in disciplinary action and the employee’s employment may
25be terminated.
26 Sec. 2592. Section 284.2, subsections 1, 7, and 11, Code
272023, are amended to read as follows:
281. “Beginning teacher” means an individual serving under
29an initial or intern license, issued under chapter 272 256,
30subchapter VII, part 3, who is assuming a position as a
31teacher. “Beginning teacher” includes an individual who is
32an initial teacher. For purposes of the beginning teacher
33mentoring and induction program created pursuant to section
34284.5, “beginning teacher” also includes preschool teachers
35who are licensed under chapter 272 256, subchapter VII, part
-1416-13, and are employed by a school district or area education
2agency. “Beginning teacher” does not include a teacher whose
3employment with a school district or area education agency is
4probationary unless the teacher is serving under an initial or
5teacher intern license issued under chapter 272 256, subchapter
6VII, part 3.
77. “Mentor” means an individual employed by a school
8district or area education agency as a teacher or a retired
9teacher who holds a valid license issued under chapter 272 256,
10subchapter VII, part 3. The individual must have a record of
11three years of successful teaching practice, must be employed
12on a nonprobationary basis, and must demonstrate professional
13commitment to both the improvement of teaching and learning and
14the development of beginning teachers.
1511. “Teacher” means an individual who holds a practitioner’s
16license issued under chapter 272 256, subchapter VII, part
173, or a statement of professional recognition issued under
18chapter 272 256, subchapter VII, part 3, who is employed in
19a nonadministrative position by a school district or area
20education agency pursuant to a contract issued by a board of
21directors under section 279.13. A teacher may be employed in
22both an administrative and a nonadministrative position by a
23board of directors and shall be considered a part-time teacher
24for the portion of time that the teacher is employed in a
25nonadministrative position.
26 Sec. 2593. Section 284.10, subsection 2, Code 2023, is
27amended to read as follows:
282. An administrator licensed under chapter 272 256,
29subchapter VII, part 3, who conducts evaluations of teachers
30for purposes of this chapter shall complete the evaluator
31training program. A practitioner licensed under chapter 272
32 256, subchapter VII, part 3, who is not an administrator
33may enroll in the evaluator training program. Enrollment
34preference shall be given to administrators. Upon successful
35completion, the provider shall certify that the administrator
-1417-1or other practitioner is qualified to conduct evaluations
2for employment, make recommendations for licensure, and make
3recommendations that a teacher is qualified to advance from one
4career path level to the next career path level pursuant to
5this chapter. Certification is for a period of five years and
6may be renewed.
7 Sec. 2594. Section 284.15, subsection 2, paragraph a,
8subparagraph (1), Code 2023, is amended to read as follows:
9(1) The salary for an initial teacher who has successfully
10completed an approved practitioner preparation program as
11defined in section 272.1 or holds an initial or intern teacher
12license issued under chapter 272 256, subchapter VII, part 3,
13 shall be at least thirty-three thousand five hundred dollars,
14which shall also constitute the minimum salary for an Iowa
15teacher.
16 Sec. 2595. Section 284.15, subsection 2, paragraph b,
17unnumbered paragraph 1, Code 2023, is amended to read as
18follows:
19A career teacher is a teacher who holds a statement of
20professional recognition issued under chapter 272 256,
21subchapter VII, part 3, or who meets all of the following
22requirements:
23 Sec. 2596. Section 284.15, subsection 2, paragraph b,
24subparagraph (2), Code 2023, is amended to read as follows:
25(2) Holds a valid license issued under chapter 272 256,
26subchapter VII, part 3.
27 Sec. 2597. Section 284.15, subsection 2, paragraphs d and e,
28Code 2023, are amended to read as follows:
29d. Mentor teacher. A mentor teacher is a teacher who
30is evaluated by the school district as demonstrating the
31competencies and superior teaching skills of a mentor teacher,
32and has been recommended for a one-year assignment as a mentor
33teacher by a site-based review council appointed pursuant to
34subsection 4. In addition, a mentor teacher shall hold a
35valid license issued under chapter 272 256, subchapter VII,
-1418-1part 3, participate in teacher professional development as
2outlined in this chapter, demonstrate continuous improvement in
3teaching, and possess the skills and qualifications to assume
4leadership roles. A mentor teacher shall have a teaching load
5of not more than seventy-five percent student instruction to
6allow the teacher to mentor other teachers. A school district
7shall designate at least ten percent of its teachers as mentor
8teachers, though the district may enter into an agreement with
9one or more other districts or an area education agency to meet
10this requirement through a collaborative arrangement. The
11terms of the teaching contracts issued under section 279.13 to
12mentor teachers shall exceed by ten days the terms of teaching
13contracts issued under section 279.13 to career teachers, and
14the ten additional contract days shall be used to strengthen
15instructional leadership in accordance with this subsection. A
16mentor teacher shall receive annually a salary supplement of
17at least five thousand dollars.
18e. Lead teacher. A lead teacher is a teacher who holds a
19valid license issued under chapter 272 256, subchapter VII,
20part 3, and has been recommended for a one-year assignment
21as a lead teacher by a site-based review council appointed
22pursuant to subsection 4. The recommendation from the council
23must assert that the teacher possesses superior teaching
24skills and the ability to lead adult learners. A lead
25teacher shall assume leadership roles that may include but
26are not limited to the planning and delivery of professional
27development activities designed to improve instructional
28strategies; the facilitation of an instructional leadership
29team within the lead teacher’s building, school district, or
30other school districts; the mentoring of other teachers; and
31participation in the evaluation of student teachers. A lead
32teacher shall have a teaching load of not more than fifty
33percent student instruction to allow the lead teacher to spend
34time on co-teaching; co-planning; peer reviews; observing
35career teachers, model teachers, and mentor teachers; and other
-1419-1duties mutually agreed upon by the superintendent and the lead
2teacher. A school district shall designate at least five
3percent of its teachers as lead teachers, though the district
4may enter into an agreement with one or more other districts
5or an area education agency to meet this requirement through a
6collaborative arrangement. The terms of the teaching contracts
7issued under section 279.13 to lead teachers shall exceed by
8fifteen days the terms of teaching contracts issued under
9section 279.13 to career teachers, and the fifteen additional
10contract days shall be used to strengthen instructional
11leadership in accordance with this subsection. A lead teacher
12shall receive annually a salary supplement of at least ten
13thousand dollars.
14 Sec. 2598. Section 284.16, subsection 1, paragraph a,
15subparagraphs (1) and (2), Code 2023, are amended to read as
16follows:
17(1) Has successfully completed an approved practitioner
18preparation program as defined in section 272.1 or holds an
19intern teacher license issued under chapter 272 256, subchapter
20VII, part 3.
21(2) Holds an initial or intern teacher license issued under
22chapter 272 256, subchapter VII, part 3.
23 Sec. 2599. Section 284.16, subsection 1, paragraph b,
24unnumbered paragraph 1, Code 2023, is amended to read as
25follows:
26A career teacher is a teacher who holds a statement
27of professional recognition issued under chapter 272
28 256, subchapter VII, part 3, or who meets the following
29requirements:
30 Sec. 2600. Section 284.16, subsection 1, paragraph b,
31subparagraph (3), Code 2023, is amended to read as follows:
32(3) Holds a valid license issued under chapter 272 256,
33subchapter VII, part 3.
34 Sec. 2601. Section 284A.2, subsections 1, 2, and 7, Code
352023, are amended to read as follows:
-1420- 11. “Administrator” means an individual holding a
2professional administrator license issued under chapter 272
3 256, subchapter VII, part 3, who is employed in a school
4district administrative position by a school district or area
5education agency pursuant to a contract issued by a board of
6directors under section 279.23 and is engaged in instructional
7leadership. An administrator may be employed in both an
8administrative and a nonadministrative position by a board of
9directors and shall be considered a part-time administrator
10for the portion of time that the individual is employed in an
11administrative position.
122. “Beginning administrator” means an individual serving
13under an administrator license, issued by the board of
14educational examiners under chapter 272 256, subchapter VII,
15part 3, who is assuming a position as a school district
16principal or superintendent for the first time.
177. “Mentor” means an individual employed by a school
18district or area education agency as a school district
19administrator or a retired administrator who holds a valid
20license issued under chapter 272 256, subchapter VII, part 3.
21The individual must have a record of four years of successful
22administrative experience and must demonstrate professional
23commitment to both the improvement of teaching and learning and
24the development of beginning administrators.
25 Sec. 2602. Section 284A.6, subsection 2, Code 2023, is
26amended to read as follows:
272. In cooperation with the administrator’s evaluator, the
28administrator who has a professional administrator license
29issued by the board of educational examiners pursuant to
30chapter 272 256, subchapter VII, part 3, and is employed
31by a school district or area education agency in a school
32district administrative position shall develop an individual
33administrator professional development plan. The purpose
34of the plan is to promote individual and group professional
35development. The individual plan shall be based, at a minimum,
-1421-1on the needs of the administrator, the Iowa standards for
2school administrators adopted pursuant to section 256.7,
3subsection 27, and the student achievement goals of the
4attendance center and the school district as outlined in the
5comprehensive school improvement plan.
6 Sec. 2603. Section 284A.7, Code 2023, is amended to read as
7follows:
8284A.7 Evaluation requirements for administrators.
9A school district shall conduct an annual evaluation of an
10administrator who holds a professional administrator license
11issued under chapter 272 256, subchapter VII, part 3, for
12purposes of assisting the administrator in making continuous
13improvement, documenting continued competence in the Iowa
14standards for school administrators adopted pursuant to
15section 256.7, subsection 27, or to determine whether the
16administrator’s practice meets school district expectations.
17The evaluation shall include, at a minimum, an assessment of
18the administrator’s competence in meeting the Iowa standards
19for school administrators and the goals of the administrator’s
20individual professional development plan, including supporting
21documentation or artifacts aligned to the Iowa standards for
22school administrators and the individual administrator’s
23professional development plan.
24 Sec. 2604. Section 299A.2, Code 2023, is amended to read as
25follows:
26299A.2 Competent private instruction by licensed
27practitioner.
28If a licensed practitioner provides competent instruction
29to a school-age child, the practitioner shall possess a valid
30license or certificate which has been issued by the state board
31of educational examiners under chapter 272 256, subchapter VII,
32part 3, and which is appropriate to the ages and grade levels
33of the children to be taught. Competent private instruction
34may include but is not limited to a home school assistance
35program which provides instruction or instructional supervision
-1422-1offered through an accredited nonpublic school or public school
2district by a teacher, who is employed by the accredited
3nonpublic school or public school district, who assists and
4supervises a parent, guardian, or legal custodian in providing
5instruction to a child. If competent private instruction is
6provided through a public school district, the child shall be
7enrolled and included in the basic enrollment of the school
8district as provided in section 257.6. Sections 299A.3 through
9299A.7 do not apply to competent private instruction provided
10by a licensed practitioner under this section. However, the
11reporting requirement contained in section 299A.3, subsection
121, shall apply to competent private instruction provided by
13licensed practitioners that is not part of a home school
14assistance program offered through an accredited nonpublic
15school or public school district.
16 Sec. 2605. Section 622.10, subsection 8, Code 2023, is
17amended to read as follows:
188. A qualified school guidance counselor, who is licensed
19by the board of educational examiners under chapter 272 256,
20subchapter VII, part 3, and who obtains information by reason
21of the counselor’s employment as a qualified school guidance
22counselor, shall not be allowed, in giving testimony, to
23disclose any confidential communications properly entrusted
24to the counselor by a pupil or the pupil’s parent or guardian
25in the counselor’s capacity as a qualified school guidance
26counselor and necessary and proper to enable the counselor to
27perform the counselor’s duties as a qualified school guidance
28counselor.
29 Sec. 2606. Section 709.15, subsection 1, paragraph g,
30subparagraph (1), subparagraph divisions (a) and (b), Code
312023, are amended to read as follows:
32(a) A person who holds a license, certificate, or statement
33of professional recognition issued under chapter 272 256,
34subchapter VII, part 3.
35(b) A person who holds an authorization issued under chapter
-1423-1272 256, subchapter VII, part 3.
2 Sec. 2607. Section 714.19, subsection 4, Code 2023, is
3amended to read as follows:
44. Private and nonprofit elementary or secondary schools
5recognized by the department of education or the board of
6directors of a school district for the purpose of complying
7with chapter 299 and employing teachers licensed under chapter
8272 256, subchapter VII, part 3.
9 Sec. 2608. CODE EDITOR DIRECTIVE.
101. The Code editor is directed to make the following
11transfers:
12a. Section 272.1 to section 256.145.
13b. Section 272.2 to section 256.146.
14c. Section 272.3 to section 256.147.
15d. Section 272.4 to section 256.148.
16e. Section 272.5 to section 256.149.
17f. Section 272.6 to section 256.150.
18g. Section 272.7 to section 256.151.
19h. Section 272.8 to section 256.152.
20i. Section 272.9 to section 256.153.
21j. Section 272.9A to section 256.154.
22k. Section 272.10 to section 256.155.
23l. Section 272.11 to section 256.156.
24m. Section 272.12 to section 256.157.
25n. Section 272.13 to section 256.158.
26o. Section 272.14 to section 256.159.
27p. Section 272.15 to section 256.160.
28q. Section 272.16 to section 256.161.
29r. Section 272.20 to section 256.162.
30s. Section 272.28 to section 256.163.
31t. Section 272.29 to section 256.164.
32u. Section 272.31 to section 256.165.
332. The Code editor shall correct internal references in the
34Code and in any enacted legislation as necessary due to the
35enactment of this section.
-1424- 13. The Code editor may designate sections 256.145 through
2256.165, as enacted in this division of this Act, as new part 3
3entitled “Board of Educational Examiners” within the subchapter
4entitled “Higher Education Division” as enacted by another
5division of this Act.
6 Sec. 2609. TRANSITION PROVISIONS.
71. Any license, certificate, or authorization issued by
8the board of education examiners pursuant to chapter 272 prior
9to the effective date of this division of this Act is valid
10and shall continue as provided in the terms of the license,
11certificate, or authorization.
122. Federal funds utilized by the board of educational
13examiners prior to the effective date of this division of this
14Act to employ personnel necessary for the administration of the
15board of educational examiners’ programs shall be applied to
16and be available for the transfer of such personnel from the
17board of educational examiners to the higher education division
18of the department of education.
19 Sec. 2610. APPLICABILITY. This division of this Act applies
20to individuals appointed as the executive director of the board
21of educational examiners before, on, or after the effective
22date of this division of this Act.
23COLLEGE STUDENT AID COMMISSION
24 Sec. 2611. Section 8A.504, subsection 1, paragraph d,
25subparagraph (2), Code 2023, is amended to read as follows:
26(2) An amount that is due because of a default on a loan
27under chapter 261 256, subchapter VII, part 4.
28 Sec. 2612. Section 8A.504, subsection 4, Code 2023, is
29amended to read as follows:
304. The director shall have the authority to enter into
31reciprocal agreements with the departments of revenue of other
32states that have enacted legislation that is substantially
33equivalent to the setoff procedure provided in this section for
34the recovery of an amount due because of a default on a loan
35under chapter 261 256, subchapter VII, part 4. A reciprocal
-1425-1agreement shall also be approved by the college student aid
2commission. The agreement shall authorize the department to
3provide by rule for the setoff of state income tax refunds
4or rebates of defaulters from states with which Iowa has a
5reciprocal agreement and to provide for sending lists of
6names of Iowa defaulters to the states with which Iowa has
7a reciprocal agreement for setoff of that state’s income tax
8refunds.
9 Sec. 2613. Section 261.1, subsection 1, Code 2023, is
10amended to read as follows:
111. There is hereby created within the higher education
12division of the department a commission to be known as the
13“College Student Aid Commission” of the state of Iowa.
14 Sec. 2614. Section 261.1, subsection 2, paragraphs a and b,
15Code 2023, are amended to read as follows:
16a. A member of the state board of regents to be named by the
17state board of regents, or the executive director of the state
18 board of regents if so appointed by the state board of regents,
19who shall serve for a four-year term or until the expiration
20of the member’s term of office.
21b. The director of the department of education or the
22director’s designee.
23 Sec. 2615. Section 261.1, subsection 4, paragraph a, Code
242023, is amended to read as follows:
25a. Vacancies on the commission shall be filled for the
26unexpired term of such vacancies, if applicable, in the same
27manner as the original appointment.
28 Sec. 2616. Section 261.1, Code 2023, is amended by adding
29the following new subsection:
30 NEW SUBSECTION. 5. The director shall appoint an executive
31director of the commission. The director shall set the salary
32of the executive director.
33 Sec. 2617. Section 261.2, subsection 2, Code 2023, is
34amended to read as follows:
352. Administer the tuition grant program under this chapter
-1426-1 part.
2 Sec. 2618. Section 261.3, Code 2023, is amended to read as
3follows:
4261.3 Organization — bylaws.
51. The commission is an autonomous state agency which is
6attached to the department of education for organizational
7purposes only.
82. 1. The commission, under the authority of the higher
9education division of the department, shall determine its
10own organization, draw up its own bylaws, adopt rules under
11chapter 17A, and do such other things as may be necessary
12and incidental in the administration of this chapter part,
13including the housing, employment, and fixing the compensation
14and bond of persons required to carry out its functions and
15responsibilities. A decision of the commission is final agency
16action under chapter 17A.
173. 2. The commission shall function at the seat of
18government or such other place as it the commission might
19designate.
20 Sec. 2619. Section 261.5, subsection 2, unnumbered
21paragraph 1, Code 2023, is amended to read as follows:
22Notwithstanding any other provision of this chapter part, in
23the event of a national emergency declared by the president of
24the United States by reason of terrorist attack, the commission
25may waive or modify any statutory or regulatory provision
26applicable to state financial aid programs established pursuant
27to this chapter part to ensure, with regard to affected
28individuals, that the following occurs:
29 Sec. 2620. Section 261.5, subsection 3, Code 2023, is
30amended to read as follows:
313. Notwithstanding any other provision of this chapter
32 part, in the event of a national emergency declared by the
33president of the United States by reason of terrorist attack,
34the commission may grant temporary relief from requirements
35rendered infeasible or unreasonable, including due diligence
-1427-1requirements and reporting deadlines, by the national
2emergency, to an institution of higher education under the
3state board of regents, a community college, an accredited
4private institution as defined in section 261.9, eligible
5lenders, and other entities participating in the state student
6assistance programs in accordance with this chapter part, that
7are located in, or whose operations are directly affected
8by, areas that are declared disaster areas by any federal,
9state, or local official in connection with the national
10emergency. If the commission issues a waiver in accordance
11with this section, the report prepared by the commission
12pursuant to section 17A.9A, subsection 5, shall include
13examples of measures that a postsecondary institution may take
14in the appropriate exercise of discretion, as provided in 20
15U.S.C. §1087tt, to adjust financial need and aid eligibility
16determinations for affected individuals.
17 Sec. 2621. Section 261.9, unnumbered paragraph 1, Code
182023, is amended to read as follows:
19When used in this subchapter subpart, unless the context
20otherwise requires:
21 Sec. 2622. Section 261.9, subsection 1, paragraph b, Code
222023, is amended to read as follows:
23b. Is accredited by the higher learning commission, is
24exempt from taxation under section 501(c)(3) of the Internal
25Revenue Code, and annually provides a matching aggregate amount
26of institutional financial aid equal to at least seventy-five
27percent of the amount received in a fiscal year by the
28institution’s students for Iowa tuition grant assistance under
29this chapter part. Commencing with the fiscal year beginning
30July 1, 2006, the matching aggregate amount of institutional
31financial aid shall increase by the percentage of increase each
32fiscal year of funds appropriated for Iowa tuition grants under
33section 261.25, subsection 1, to a maximum match of one hundred
34percent. The institution shall file annual reports with the
35commission prior to receipt of tuition grant moneys under this
-1428-1chapter part. An institution whose income is not exempt from
2taxation under section 501(c) of the Internal Revenue Code and
3whose students were eligible to receive Iowa tuition grant
4money in the fiscal year beginning July 1, 2003, shall meet the
5match requirements of this paragraph no later than June 30,
62005.
7 Sec. 2623. Section 261.9, subsection 8, Code 2023, is
8amended to read as follows:
98. “Tuition grant” means an award by the state of Iowa to a
10qualified student under this subchapter subpart.
11 Sec. 2624. Section 261.15, subsection 2, Code 2023, is
12amended to read as follows:
132. Adopt rules and regulations for determining financial
14need, defining tuition and mandatory fees, defining residence
15for the purposes of this subchapter subpart, processing and
16approving applications for tuition grants, and determining
17priority of grants. The commission may provide for proration
18of funds if the available funds are insufficient to pay all
19approved grants. Such proration shall take primary account of
20the financial need of the applicant. In determining who is a
21resident of Iowa, the commission’s rules shall be at least as
22restrictive as those of the board of regents.
23 Sec. 2625. Section 261.16A, subsection 7, Code 2023, is
24amended to read as follows:
257. Reports to commission. An eligible institution shall
26file annual reports with the commission, as required by the
27commission and under section 261.9, prior to receipt of tuition
28grant moneys under this chapter part.
29 Sec. 2626. Section 261.17, subsection 5, Code 2023, is
30amended to read as follows:
315. A vocational-technical tuition grant shall be awarded
32on an annual basis, requiring reapplication by the student for
33each year. Payments under the grant shall be allocated equally
34among the semesters or quarters of the year upon certification
35by the institution that the student is in full-time or
-1429-1part-time attendance in a vocational-technical or career option
2program, as defined under rules of the department of education.
3If the student discontinues attendance before the end of any
4term after receiving payment of the grant, the entire amount of
5any refund due that student, up to the amount of any payments
6made under the annual grant, shall be paid by the institution
7to the state.
8 Sec. 2627. Section 261.20, subsection 1, Code 2023, is
9amended to read as follows:
101. A scholarship and tuition grant reserve fund is created
11to assure that financial assistance will be available to all
12students who are awarded scholarships or tuition grants through
13programs funded under this chapter part. The fund is created
14as a separate fund in the state treasury, and moneys in the
15fund shall not revert to the general fund unless, and then
16only to the extent that, the funds exceed the maximum allowed
17balance.
18 Sec. 2628. Section 261.35, unnumbered paragraph 1, Code
192023, is amended to read as follows:
20As used in this subchapter subpart, unless the context
21otherwise requires:
22 Sec. 2629. Section 261.36, unnumbered paragraph 1, Code
232023, is amended to read as follows:
24The commission shall have necessary powers to carry out its
25purposes and duties under this subchapter subpart, including
26but not limited to the power to:
27 Sec. 2630. Section 261.37, unnumbered paragraph 1, Code
282023, is amended to read as follows:
29The duties of the commission under this subchapter subpart
30 shall be as follows:
31 Sec. 2631. Section 261.37, subsections 5 and 7, Code 2023,
32are amended to read as follows:
335. To adopt rules pursuant to chapter 17A to implement
34the provisions of this subchapter subpart, including
35establishing standards for educational institutions, lenders,
-1430-1and individuals to become eligible institutions, lenders, and
2borrowers. Notwithstanding any contrary provisions in chapter
3537, the rules and standards established shall be consistent
4with the requirements provided in the Higher Education Act of
51965.
67. To establish an effective system for the collection of
7delinquent loans, including the adoption of an agreement with
8the department of administrative services to set off against
9a defaulter’s income tax refund or rebate the amount that is
10due because of a default on a loan made under this subchapter
11 subpart. The commission shall adopt rules under chapter 17A
12necessary to assist the department of administrative services
13in the implementation of the student loan setoff program as
14established under section 8A.504. The commission shall apply
15administrative wage garnishment procedures authorized under the
16federal Higher Education Act of 1965, as amended and codified
17in 20 U.S.C. §1071 et seq., for all delinquent loans, including
18loans authorized under section 261.38, when a defaulter who is
19financially capable of paying fails to voluntarily enter into a
20reasonable payment agreement. In no case shall the commission
21garnish more than the amount authorized by federal law for
22all loans being collected by the commission, including those
23authorized under section 261.38.
24 Sec. 2632. Section 261.42, Code 2023, is amended to read as
25follows:
26261.42 Short title.
27This subchapter subpart shall be known and may be cited as
28the “Iowa Guaranteed Loan Program”.
29 Sec. 2633. Section 261.43A, Code 2023, is amended to read
30as follows:
31261.43A Security interest in education loans.
32A nonprofit organization qualifying for tax-exempt status
33under the Internal Revenue Code, as defined in section 422.3,
34that provides or acquires education loans in the organization’s
35normal course of business shall, notwithstanding any contrary
-1431-1provision of chapter 554 or other state law, establish and
2perfect a security interest and establish priority over other
3security interests in such education loans by filing in the
4same manner as provided for perfecting a security interest in
5a student loan pursuant to 20 U.S.C. §1082(m)(1)(E). This
6section applies to education loans provided under this chapter
7 part by such nonprofit organizations and other education loans
8provided by such nonprofit organizations.
9 Sec. 2634. Section 261.87, subsection 1, unnumbered
10paragraph 1, Code 2023, is amended to read as follows:
11As used in this subchapter subpart, unless the context
12otherwise requires:
13 Sec. 2635. Section 261.102, subsection 7, Code 2023, is
14amended to read as follows:
157. “Program” means the Iowa minority academic grants
16for economic success program established in this subchapter
17 subpart.
18 Sec. 2636. Section 261.110, subsections 1 and 5, Code 2023,
19are amended to read as follows:
201. A teach Iowa scholar program is established to provide
21teach Iowa scholar grants to selected high-caliber teachers.
22The commission shall administer the program in collaboration
23with the department of education.
245. The commission, in collaboration with the department
25of education, shall adopt rules pursuant to chapter 17A to
26administer this section. The rules shall include but shall not
27be limited to a process for use by the commission to determine
28which eligible applicants will receive teach Iowa scholar
29grants.
30 Sec. 2637. Section 261.110, subsection 3, paragraph a, Code
312023, is amended to read as follows:
32a. The applicant was in the top twenty-five percent
33academically of students exiting a teacher preparation program
34approved by the state board of education pursuant to section
35256.7, subsection 3, or a similar teacher preparation program
-1432-1in another state, or had earned other comparable academic
2credentials.
3 Sec. 2638. Section 261.111, subsection 2, Code 2023, is
4amended to read as follows:
52. The director of the department of education shall
6annually designate the areas in which teacher shortages are
7anticipated. The director shall periodically conduct a survey
8of school districts, accredited nonpublic schools, and approved
9practitioner preparation programs to determine current shortage
10areas and predict future shortage areas.
11 Sec. 2639. Section 261.112, subsections 1 and 2, Code 2023,
12are amended to read as follows:
131. A teacher shortage loan forgiveness program is
14established to be administered by the commission. A teacher
15is eligible for the program if the teacher is practicing in
16a teacher shortage area as designated by the department of
17education pursuant to subsection 2. A person is ineligible
18for this program if the person receives a grant under section
19261.110 or a forgivable loan under section 261.111. For
20purposes of this section, “teacher” means an individual holding
21a practitioner’s license issued under chapter 272 part 3, who
22is employed in a nonadministrative position in a designated
23shortage area by a school district or area education agency
24pursuant to a contract issued by a board of directors under
25section 279.13.
262. The director of the department of education shall
27annually designate the geographic or subject areas experiencing
28teacher shortages. The director shall periodically conduct a
29survey of school districts, accredited nonpublic schools, and
30approved practitioner preparation programs to determine current
31shortage areas.
32 Sec. 2640. Section 261.130, subsection 2, Code 2023, is
33amended to read as follows:
342. Skilled workforce shortage tuition grants shall be
35awarded only to students pursuing a career-technical or career
-1433-1option program in an industry identified as having a shortage
2of skilled workers by a community college after conducting a
3regional skills gap analysis or as being a high-demand job by
4the department of workforce development in the department’s
5 department of workforce development’s most recent list of
6high-demand jobs. If a community college no longer identifies
7the industry as having a shortage of skilled workers or the
8department of workforce development no longer identifies the
9industry as a high-demand job, an eligible student who received
10a grant for a career-technical or career option program based
11on that identification shall continue to receive the grant
12until achieving a postsecondary credential, up to an associate
13degree, as long as the student is continuously enrolled in
14that program and continues to meet all other eligibility
15requirements.
16 Sec. 2641. Section 261.131, subsection 1, paragraph b, Code
172023, is amended to read as follows:
18b. “Approved state-recognized work-based learning program”
19means a structured educational and training program that
20includes authentic worksite training and is approved by the
21department of education according to a process established
22under rules adopted pursuant to section 256.7, subsection 34.
23 Sec. 2642. Section 261.132, subsection 1, paragraph c, Code
242023, is amended to read as follows:
25c. “Eligible program” means a program of study or an
26academic major jointly approved by the commission and the
27department of workforce development, in consultation with the
28eligible institution, that leads to a bachelor’s degree aligned
29with a high-demand job designated by the workforce development
30board pursuant to section 84A.1B, subsection 14. If the
31department of workforce development removes a high-demand job
32from the list created under section 84A.1B, subsection 14, an
33eligible student who received a grant for a program based on
34that high-demand job shall continue to receive the grant until
35achieving a bachelor’s degree as long as the student continues
-1434-1to meet all other eligibility requirements.
2 Sec. 2643. Section 261B.11A, subsection 1, Code 2023, is
3amended to read as follows:
41. Students attending schools required to register under
5this chapter are ineligible for state student financial aid
6programs established under chapter 261 256, subchapter VII,
7part 4.
8 Sec. 2644. Section 261F.1, subsection 5, paragraph e, Code
92023, is amended to read as follows:
10e. State education grants, scholarships, or financial aid
11funds administered under chapter 261 256, subchapter VII, part
124.
13 Sec. 2645. Section 261G.4, subsections 1, 2, and 5, Code
142023, are amended to read as follows:
151. Notwithstanding any other provision of law to the
16contrary, a participating nonresident institution shall not
17be required to register under chapter 261B or to comply with
18the registration and disclosure requirements of chapter 261
19 256, subchapter VII, part 4, or chapter 261B or section 714.17,
20subsections 2 and 3, or sections 714.18, 714.20, 714.21, and
21714.23, or section 714.24, subsections 1, 2, 3, 4, and 5, or
22section 714.25, if the provisions of an interstate reciprocity
23agreement prohibit such registration or compliance.
242. Notwithstanding any other provision of law to the
25contrary, a participating resident institution shall be
26required to register under chapter 261B or to comply with the
27registration and disclosure requirements of chapter 261 256,
28subchapter VII, part 4, or chapter 261B or section 714.17,
29subsections 2 and 3, or sections 714.18, 714.20, 714.21, and
30714.23, or section 714.24, subsections 1, 2, 3, 4, and 5, or
31section 714.25, if the provisions of the interstate reciprocity
32agreement require such registration or compliance.
335. Students attending a participating nonresident
34institution are ineligible for state student financial aid
35programs established under chapter 261 256, subchapter VII,
-1435-1part 4.
2 Sec. 2646. CODE EDITOR DIRECTIVE.
31. The Code editor is directed to make the following
4transfers:
5a. Section 261.1 to section 256.176.
6b. Section 261.2 to section 256.177.
7c. Section 261.3 to section 256.178.
8d. Section 261.4 to section 256.179.
9e. Section 261.5 to section 256.180.
10f. Section 261.7 to section 256.181.
11g. Section 261.8 to section 256.182.
12h. Section 261.9 to section 256.183.
13i. Section 261.10 to section 256.184.
14j. Section 261.11 to section 256.185.
15k. Section 261.12 to section 256.186.
16l. Section 261.13 to section 256.187.
17m. Section 261.14 to section 256.188.
18n. Section 261.15 to section 256.189.
19o. Section 261.16 to section 256.190.
20p. Section 261.16A to section 256.191.
21q. Section 261.17 to section 256.192.
22r. Section 261.20 to section 256.193.
23s. Section 261.25 to section 256.194.
24t. Section 261.35 to section 256.195.
25u. Section 261.36 to section 256.196.
26v. Section 261.37 to section 256.197.
27w. Section 261.38 to section 256.198.
28x. Section 261.42 to section 256.199.
29y. Section 261.43 to section 256.200.
30z. Section 261.43A to section 256.201.
31aa. Section 261.62 to section 256.202.
32ab. Section 261.71 to section 256.203.
33ac. Section 261.72 to section 256.204.
34ad. Section 261.73 to section 256.205.
35ae. Section 261.81 to section 256.206.
-1436- 1af. Section 261.83 to section 256.207.
2ag. Section 261.84 to section 256.208.
3ah. Section 261.85 to section 256.209.
4ai. Section 261.86 to section 256.210.
5aj. Section 261.86A to section 256.211.
6ak. Section 261.87 to section 256.212.
7al. Section 261.101 to section 256.213.
8am. Section 261.102 to section 256.214.
9an. Section 261.103 to section 256.215.
10ao. Section 261.104 to section 256.216.
11ap. Section 261.105 to section 256.217.
12aq. Section 261.110 to section 256.218.
13ar. Section 261.111 to section 256.219.
14as. Section 261.112 to section 256.220.
15at. Section 261.113 to section 256.221.
16au. Section 261.114 to section 256.222.
17av. Section 261.115 to section 256.223.
18aw. Section 261.116 to section 256.224.
19ax. Section 261.117 to section 256.225.
20ay. Section 261.120 to section 256.226.
21az. Section 261.130 to section 256.227.
22ba. Section 261.131 to section 256.228.
23bb. Section 261.132 to section 256.229.
242. The Code editor shall correct internal references in the
25Code and in any enacted legislation as necessary due to the
26enactment of this section.
273. a. The Code editor may designate sections 256.176
28through 256.229, as enacted in this division of this Act, as
29new part 4 entitled “College Student Aid Commission” within the
30subchapter entitled “Higher education division” as enacted by
31another division of this Act.
32b. The Code editor shall designate sections 256.176 through
33256.229 into the following subparts:
34(1) Sections 256.176 through 256.182 shall be designated as
35subpart A and entitled “General Provisions”.
-1437- 1(2) Sections 256.183 through 256.194 shall be designated as
2subpart B and entitled “Tuition Grants to Students”.
3(3) Sections 256.195 through 256.201 shall be designated as
4subpart C and entitled “Iowa Guaranteed Loan Program”.
5(4) Section 256.202 shall be designated as subpart D and
6entitled “Iowa State Fair Scholarship”.
7(5) Sections 256.203 through 256.205 shall be designated
8as subpart E and entitled “Chiropractic Graduate Student
9Forgivable Loan Program”.
10(6) Sections 256.206 through 256.209 shall be designated as
11subpart F and entitled “Work-Study Program”.
12(7) Sections 256.210 through 256.211 shall be designated as
13subpart G and entitled “National Guard Educational Assistance”.
14(8) Section 256.212 shall be designated as subpart H and
15entitled “All Iowa Opportunity Scholarships”.
16(9) Sections 256.213 through 256.217 shall be designated as
17subpart I and entitled “Minority Academic Grants for Economic
18Success”.
19(10) Sections 256.218 through 256.220 shall be designated
20as subpart J and entitled “Teach Iowa Scholar Grants and
21Teacher Shortage Forgivable Loan and Loan Forgiveness
22Programs”.
23(11) Sections 256.221 through 256.226 shall be designated
24as subpart K and entitled “Other Loan Repayment and Forgiveness
25Programs — Health Professions”.
26(12) Sections 256.227 through 256.229 shall be designated
27as subpart L and entitled “Skilled Workforce Shortage Tuition
28Grant Program”.
29 Sec. 2647. TRANSITION PROVISIONS.
301. Any scholarship, loan, or grant awarded under a
31program administered by the college student aid commission in
32accordance with chapter 261 prior to the effective date of this
33division of this Act is valid and shall continue as provided in
34the terms of the scholarship, loan, or grant.
352. Federal funds utilized by the college student aid
-1438-1commission prior to the effective date of this division of this
2Act to employ personnel necessary for the administration of the
3college student aid commission’s programs shall be applied to
4and be available for the transfer of such personnel from the
5college student aid commission to the higher education division
6of the department of education.
7 Sec. 2648. APPLICABILITY. This division of this Act
8applies to individuals appointed as the executive director of
9the college student aid commission before, on, or after the
10effective date of this division of this Act.
11COMMUNITY COLLEGES BUREAU
12 Sec. 2649. Section 256.9, subsection 36, Code 2023, is
13amended by striking the subsection.
14 Sec. 2650. Section 260C.2, Code 2023, is amended by adding
15the following new subsections:
16 NEW SUBSECTION. 01. “Bureau” means the community colleges
17bureau of the higher education division of the department
18established under section 260C.6.
19 NEW SUBSECTION. 001. “Bureau chief” means the bureau
20chief of the community colleges bureau of the higher education
21division of the department.
22 Sec. 2651. Section 260C.5, Code 2023, is amended to read as
23follows:
24260C.5 Duties of director Community colleges bureau — duties
25of bureau chief.
26The director shall appoint the bureau chief, and the bureau
27chief shall direct the work of the personnel as necessary to
28carry out this chapter. The bureau chief shall do all of the
29following:
301. Designate a community college as an “area career and
31technical education school” within the meaning of, and for the
32purpose of administering, the federal Carl D. Perkins Career
33and Technical Education Improvement Act of 2006. A community
34college shall not be so designated by the director for the
35expenditure of funds under 20 U.S.C. §2301 et seq., as amended,
-1439-1which has not been designated and classified as a community
2college by the state board.
32. Change boundaries of director districts in a merged area
4when the board fails to change boundaries as required by law.
53. Make changes in boundaries of merged areas with the
6approval of the board of directors of each merged area affected
7by the change. When the boundaries of a merged area are
8changed, the director of the department of education may
9authorize the board of directors of the merged area to levy
10additional taxes upon the property within the merged area, or
11any part of the merged area, and distribute the taxes so that
12all parts of the merged area are paying their share toward the
13support of the college.
144. Administer, allocate, and disburse federal or state
15funds made available to pay a portion of the cost of acquiring
16sites for and constructing, acquiring, or remodeling facilities
17for community colleges, and establish priorities for the use
18of such funds.
195. Administer, allocate, and disburse federal or state
20funds available to pay a portion of the operating costs of
21community colleges.
226. Propose administrative rules to carry out this chapter
23subject to approval of the state board.
247. Enter into contracts with local school boards within the
25area that have and maintain a career and technical education
26program and with private schools or colleges in the cooperative
27or merged areas to provide courses or programs of study in
28addition to or as a part of the curriculum made available in
29the community college.
308. Make arrangements with boards of merged areas and local
31school districts to permit students attending high school to
32participate in career and technical education programs and
33advanced college placement courses and obtain credit for such
34participation for application toward the completion of a high
35school diploma. The granting of credit is subject to the
-1440-1approval of the director of the department of education.
29. Prescribe a uniform system of accounting for community
3colleges.
410. Ensure that community colleges that provide
5intercollegiate athletics as a part of their program comply
6with section 216.9.
711. Develop an application and review process for approval
8of administrative and program sharing agreements between two
9or more community colleges or a community college and an
10institution of higher education under the board of regents
11entered into pursuant to section 260C.46.
12 Sec. 2652. Section 260C.6, Code 2023, is amended to read as
13follows:
14260C.6 Community colleges division in department bureau in
15the higher education division.
16A community colleges division bureau shall be established
17within the higher education division of the department of
18education. The division bureau shall exercise the powers and
19perform the duties conferred by law upon the department with
20respect to community colleges.
21 Sec. 2653. Section 260C.18, subsection 1, Code 2023, is
22amended to read as follows:
231. Federal funds made available and administered by the
24director of the department of education, for purposes provided
25by federal laws, rules, and regulations.
26 Sec. 2654. Section 260C.46, Code 2023, is amended to read
27as follows:
28260C.46 Program and administrative sharing.
29By September 1, 1990, the The department shall establish
30guidelines and an approval process for program sharing
31agreements and for administrative sharing agreements entered
32into by two or more community colleges or by a community
33college and a higher education institution under the control
34of the board of regents. Guidelines established shall be
35designed to increase student access to programs, enhance
-1441-1educational program offerings throughout the state, and enhance
2interinstitutional cooperation in program offerings.
3DIVISION XV
4COMMERCE
5CONSUMER ADVOCATE
6 Sec. 2655. Section 475A.3, subsections 1 and 3, Code 2023,
7are amended to read as follows:
81. Office. The office of consumer advocate shall be a
9separate division of the department of justice and located at
10the same location as the utilities division of the department
11of commerce board. Administrative support services may be
12provided to the consumer advocate division by the department of
13commerce utilities board.
143. Salaries, expenses, and appropriation. The salary of
15the consumer advocate shall be fixed by the attorney general
16within the salary range set by the general assembly. The
17salaries of employees of the consumer advocate shall be at
18rates of compensation consistent with current standards in
19industry. The reimbursement of expenses for the employees and
20the consumer advocate is as provided by law. The appropriation
21for the office of consumer advocate shall be a separate line
22item contained in the appropriation from the department of
23 commerce revolving fund created in section 546.12.
24 Sec. 2656. Section 475A.4, Code 2023, is amended to read as
25follows:
26475A.4 Utilities division board records.
27The consumer advocate has free access to all the files,
28records, and documents in the office of the utilities division
29 board except:
301. Personal information in confidential personnel records
31of the utilities division board.
322. Records which represent and constitute the work product
33of the general counsel of the utilities board, and records of
34confidential communications between utilities board members and
35their general counsel, where the records relate to a proceeding
-1442-1before the board in which the consumer advocate is a party or
2a proceeding in any state or federal court in which both the
3board and the consumer advocate are parties.
43. Customer information of a confidential nature which
5could jeopardize the customer’s competitive status and
6is provided by the utility to the division board. Such
7information shall be provided to the consumer advocate by the
8division board, if the board determines it to be in the public
9interest.
10 Sec. 2657. Section 475A.6, Code 2023, is amended to read as
11follows:
12475A.6 Certification of expenses to utilities division board.
131. a. The consumer advocate shall determine the advocate’s
14expenses, including a reasonable allocation of general office
15expenses, directly attributable to the performance of the
16advocate’s duties involving specific persons subject to direct
17assessment, and shall certify the expenses to the utilities
18division board not less than quarterly. The expenses shall
19then be includable in the expenses of the division board
20 subject to direct assessment under section 476.10.
21b. The consumer advocate shall annually, within ninety
22days after the close of each fiscal year, determine the
23advocate’s expenses, including a reasonable allocation of
24general office expenses, attributable to the performance of the
25advocate’s duties generally, and shall certify the expenses
26to the utilities division board. The expenses shall then be
27includable in the expenses of the division board subject to
28remainder assessment under section 476.10.
292. The consumer advocate is entitled to notice and
30opportunity to be heard in any utilities board proceeding
31on objection to an assessment for expenses certified by the
32consumer advocate. Expenses assessed under this section shall
33not exceed the amount appropriated for the consumer advocate
34division of the department of justice.
353. The office of consumer advocate may expend additional
-1443-1funds, including funds for outside consultants, if those
2additional expenditures are actual expenses which exceed
3the funds budgeted for the performance of the advocate’s
4duties. Before the office expends or encumbers an amount in
5excess of the funds budgeted, the director of the department
6of management shall approve the expenditure or encumbrance.
7Before approval is given, the director of the department of
8management shall determine that the expenses exceed the funds
9budgeted by the general assembly to the office of consumer
10advocate and that the office does not have other funds from
11which such expenses can be paid. Upon approval of the director
12of the department of management, the office may expend and
13encumber funds for excess expenses. The amounts necessary
14to fund the excess expenses shall be collected from those
15utilities or persons which caused the excess expenditures,
16and the collections shall be treated as repayment receipts as
17defined in section 8.2, subsection 8.
18IOWA UTILITIES BOARD
19 Sec. 2658. Section 6A.21, subsection 2, Code 2023, is
20amended to read as follows:
212. The limitation on the definition of public use,
22public purpose, or public improvement does not apply to the
23establishment, relocation, or improvement of a road pursuant
24to chapter 306, or to the establishment of a railway under the
25supervision of the department of transportation as provided in
26section 327C.2, or to an airport as defined in section 328.1,
27or to land acquired in order to replace or mitigate land used
28in a road project when federal law requires replacement or
29mitigation. This limitation also does not apply to utilities,
30persons, companies, or corporations under the jurisdiction of
31the Iowa utilities board in the department of commerce or to
32any other utility conferred the right by statute to condemn
33private property or to otherwise exercise the power of eminent
34domain, except to the extent such purpose includes construction
35of aboveground merchant lines.
-1444-1 Sec. 2659. Section 6B.42, subsection 2, paragraphs b and d,
2Code 2023, are amended to read as follows:
3b. A person aggrieved by a determination made by a utility
4as to eligibility for relocation assistance, a payment, or
5the amount of the payment, upon application, may have the
6matter reviewed by the utilities division of the department of
7commerce board.
8d. A utility or railroad subject to this section that
9proposes to displace a person shall inform the person of the
10person’s right to receive relocation assistance and payments,
11and of an aggrieved person’s right to appeal to the utilities
12division of the department of commerce board or the state
13department of transportation.
14 Sec. 2660. Section 6B.45, subsection 1, Code 2023, is
15amended to read as follows:
161. When any real property or interest in real property
17is to be purchased, or in lieu thereof to be condemned, the
18acquiring agency or its agent shall submit to the person,
19corporation, or entity whose property or interest in the
20property is to be taken, by ordinary mail, at least ten days
21prior to the date upon which the acquiring agency or its agent
22contacts the property owner to commence negotiations, a copy
23of the appraisal in its entirety upon such real property or
24interest in such real property prepared for the acquiring
25agency or its agent, which shall include, at a minimum, an
26itemization of the appraised value of the real property or
27interest in the property, any buildings on the property, all
28other improvements including fences, severance damages, and
29loss of access. In determining fair market value of property,
30the acquiring agency shall not consider only the assessed value
31assigned to such property for purposes of property taxation.
32The appraisal sent to the condemnee shall be that appraisal
33upon which the condemnor will rely to establish an amount
34which the condemnor believes to be just compensation for the
35real property. All other appraisals made on the property as a
-1445-1result of the condemnation proceeding shall be made available
2to the condemnee upon request. In lieu of an appraisal, a
3utility or person under the jurisdiction of the utilities board
4of the department of commerce, or any other utility conferred
5the right by statute to condemn private property, shall provide
6in writing by certified mail to the owner of record thirty
7days prior to negotiations, the methods and factors used in
8arriving at an offered price for voluntary easements including
9the range of cash amount of each component. An acquiring
10agency may obtain a signed written waiver from the landowner to
11allow negotiations to commence prior to the expiration of the
12applicable waiting period for the commencement of negotiations.
13 Sec. 2661. Section 6B.54, subsections 2 and 3, Code 2023,
14are amended to read as follows:
152. Real property shall be appraised as required by section
166B.45 before the initiation of negotiations, and the owner
17or the owner’s designated representative shall be given
18an opportunity to accompany at least one appraiser of the
19acquiring agency during an inspection of the property, except
20that an acquiring agency may prescribe a procedure to waive the
21appraisal in cases involving the acquisition of property with
22a low fair market value. In lieu of an appraisal, a utility
23or person under the jurisdiction of the utilities board of the
24department of commerce, or any other utility conferred the
25right by statute to condemn private property, shall provide in
26writing by certified mail to the owner of record thirty days
27before negotiations, the methods and factors used in arriving
28at an offered price for voluntary easements including the range
29of cash amount of each component.
303. Before the initiation of negotiations for real property,
31the acquiring agency shall establish an amount which it
32believes to be just compensation for the real property, and
33shall make a prompt offer to acquire the property for the full
34amount established by the agency. In no event shall the amount
35be less than the fair market value the acquiring agency has
-1446-1established for the property or property interest pursuant
2to the appraisal required in section 6B.45 or less than the
3value determined under the acquiring agency’s waiver procedure
4established pursuant to subsection 2. A purchase offer made
5by an acquiring agency shall include provisions for payment to
6the owner of expenses, including relocation expenses, expenses
7listed in subsection 10, and other expenses required by law
8to be paid by an acquiring agency to a condemnee. However,
9in the alternative, the acquiring agency may make, and the
10owner may accept, a purchase offer from the acquiring agency
11that is an amount equal to one hundred thirty percent of the
12appraisal amount plus payment to the owner of expenses listed
13in subsection 10, once those expenses have been determined. If
14the owner accepts such a purchase offer, the owner is barred
15from claiming payment from the acquiring agency for any other
16expenses allowed by law. In the case of a utility or person
17under the jurisdiction of the utilities board of the department
18of commerce, or any other utility conferred the right by
19statute to condemn private property, the amount shall not be
20less than the amount indicated by the methods and factors used
21in arriving at an offered price for a voluntary easement. The
22option to make an alternative purchase offer does not apply
23when property is being acquired for street and highway projects
24undertaken by the state, a county, or a city.
25 Sec. 2662. Section 8C.2, subsection 3, paragraph b, Code
262023, is amended to read as follows:
27b. The utilities division of the department of commerce
28 board.
29 Sec. 2663. Section 12.10, Code 2023, is amended to read as
30follows:
3112.10 Deposits by state officers.
32Except as otherwise provided, all elective and appointive
33state officers, boards, commissions, and departments shall,
34within ten days succeeding the collection, deposit with the
35treasurer of state, or to the credit of the treasurer of state
-1447-1in any depository designated by the treasurer of state, ninety
2percent of all fees, commissions, and moneys collected or
3received. The balance actually collected in cash, remaining
4in the hands of any officer, board, or department shall not
5exceed the sum of five thousand dollars and money collected
6shall not be held more than thirty days. This section does not
7apply to the state fair board, the state board of regents, the
8utilities board of the department of commerce, the director of
9the department of human services, the Iowa finance authority or
10to the funds received by the state racing and gaming commission
11under sections 99D.7 and 99D.14.
12 Sec. 2664. Section 15H.6, subsection 1, Code 2023, is
13amended to read as follows:
141. The commission, in collaboration with the department of
15natural resources, the department of workforce development,
16and the utilities board of the department of commerce, shall
17establish an Iowa green corps program. The commission shall
18work with the collaborating agencies and nonprofit agencies
19in developing a strategy for attracting additional financial
20resources for the program from other sources which may include
21but are not limited to utilities, private sector, and local,
22state, and federal government funding sources. The financial
23resources received shall be credited to the community programs
24account created pursuant to section 15H.5.
25 Sec. 2665. Section 22.7, subsection 71, Code 2023, is
26amended to read as follows:
2771. Information and records related to cyber security
28information or critical infrastructure, the disclosure of which
29may expose or create vulnerability to critical infrastructure
30systems, held by the utilities board of the department of
31commerce or the department of homeland security and emergency
32management for purposes relating to the safeguarding of
33telecommunications, electric, water, sanitary sewage, storm
34water drainage, energy, hazardous liquid, natural gas, or
35other critical infrastructure systems. For purposes of this
-1448-1subsection, “cyber security information” includes but is not
2limited to information relating to cyber security defenses,
3threats, attacks, or general attempts to attack cyber system
4operations.
5 Sec. 2666. Section 313.4, subsection 4, paragraph b, Code
62023, is amended to read as follows:
7b. The costs of serving freeway lighting for each utility
8providing the service shall be determined by the utilities
9division of the department of commerce board, and rates for
10such service shall be no higher than necessary to recover these
11costs. Funds received under the provisions of this subsection
12shall be used solely for the operation and maintenance of a
13freeway lighting system.
14 Sec. 2667. Section 320.4, subsection 1, Code 2023, is
15amended to read as follows:
161. To lay gas mains in highways outside cities to local
17municipal distributing plants or companies, but not to pipeline
18companies. This section shall not apply to or include pipeline
19companies required to obtain a license from the utilities
20division of the department of commerce board.
21 Sec. 2668. Section 357A.19, Code 2023, is amended to read
22as follows:
23357A.19 Not exempt from other requirements.
24This chapter does not exempt any district from the
25requirements of any other statute, whether enacted prior to
26or subsequent to July 1, 1970, under which the district is
27required to obtain the permission or approval of, or to notify,
28the department, the utilities division of the department
29of commerce board, or any other agency of this state or of
30any of its political subdivisions prior to proceeding with
31construction, acquisition, operation, enlargement, extension,
32or alteration of any works or facilities which the district is
33authorized to undertake pursuant to this chapter.
34 Sec. 2669. Section 364.3, subsection 13, paragraph b,
35subparagraph (2), Code 2023, is amended to read as follows:
-1449- 1(2) Paragraph “a” does not apply to an ordinance, motion,
2resolution, or amendment relating to the rates, services, or
3governance of a public utility providing gas service to the
4public for compensation and subject to the jurisdiction of
5the utilities board of the department of commerce pursuant to
6section 476.1B.
7 Sec. 2670. Section 364.23, Code 2023, is amended to read as
8follows:
9364.23 Energy-efficient lighting required.
10All city-owned exterior flood lighting, including but not
11limited to street and security lighting but not including era
12or period lighting which has a minimum efficiency rating of
13fifty-eight lumens per watt and not including stadium or ball
14park lighting, shall be replaced, when worn-out, exclusively
15with high pressure sodium lighting or lighting with equivalent
16or better energy efficiency as approved in rules adopted by the
17utilities board within the utilities division of the department
18of commerce. In lieu of the requirements established for
19replacement lighting under this section, stadium or ball park
20lighting shall be replaced, when worn-out, with the most
21energy-efficient lighting available at the time of replacement
22which may include metal halide, high-pressure sodium, or other
23light sources which may be developed.
24 Sec. 2671. Section 384.84, subsection 3, paragraph a, Code
252023, is amended to read as follows:
26a. A city utility or enterprise service to a property or
27premises, including services of sewer systems, storm water
28drainage systems, sewage treatment, solid waste collection,
29water, solid waste disposal, or any of these services, may be
30discontinued or disconnected if the account for the service
31becomes delinquent. Gas or electric service provided by a city
32utility or enterprise shall be discontinued or disconnected
33only as provided by section 476.20, subsections 1 through
344, and discontinuance or disconnection of those services
35is subject to rules adopted by the utilities board of the
-1450-1department of commerce.
2 Sec. 2672. Section 422.93, Code 2023, is amended to read as
3follows:
4422.93 Public utility accounting method.
5Nothing in this chapter shall be construed to require the
6utilities board of the department of commerce to allow or
7require the use of any particular method of accounting by
8any public utility to compute its tax expense, depreciation
9expense, or operating expense for purposes of establishing its
10cost of service for rate-making purposes and for reflecting
11operating results in its regulated books of account.
12 Sec. 2673. Section 474.1, Code 2023, is amended to read as
13follows:
14474.1 Creation of division and board — organization.
151. A utilities division board is created within the
16department of commerce. The policymaking body for the division
17is the utilities board which is created within the division.
18 The board is composed shall consist of three members appointed
19by the governor and subject to confirmation by the senate, not
20more than two of whom shall be from the same political party.
21Each member appointed shall serve for six-year staggered terms
22beginning and ending as provided by section 69.19. Vacancies
23shall be filled for the unexpired portion of the term in the
24same manner as full-term appointments are made.
252. a. Subject to confirmation by the senate, the governor
26shall appoint a member as the chairperson of the board. The
27chairperson shall be the administrator of the utilities
28division board. The appointment as chairperson shall be for
29a two-year term which begins and ends as provided in section
3069.19.
31b. The board shall appoint a chief operating officer to
32manage the operations of the utilities division as directed
33by the board. The board shall set the salary of the chief
34operating officer within the limits of the pay plan for exempt
35positions provided for in section 8A.413, subsection 3, unless
-1451-1otherwise provided by the general assembly. The board may
2employ additional personnel as it finds necessary.
33. The utilities board shall regulate and supervise public
4utilities operating in the state. The board shall enforce and
5implement chapters 476, 476A, 477C, 478, 479, 479A, and 479B
6and shall perform other duties assigned to it by law.
73. 4. As used in this chapter and chapters 475A, 476,
8476A, 477C, 478, 479, 479A, and 479B, “division” “board” and
9“utilities division” “utilities board” mean the Iowa utilities
10division of the department of commerce board.
11 Sec. 2674. Section 476.1, subsection 1, Code 2023, is
12amended to read as follows:
131. The utilities board within the utilities division of the
14department of commerce shall regulate the rates and services of
15public utilities to the extent and in the manner hereinafter
16provided.
17 Sec. 2675. Section 476.1, subsection 2, Code 2023, is
18amended by striking the subsection.
19 Sec. 2676. Section 476.1A, subsection 1, paragraph a, Code
202023, is amended to read as follows:
21a. Assessment of fees for the support of the division
22 board and the office of consumer advocate, pursuant to section
23476.10.
24 Sec. 2677. Section 476.1B, subsection 1, paragraph a, Code
252023, is amended to read as follows:
26a. Assessment of fees for the support of the division board
27 and the office of consumer advocate, as set forth in section
28476.10.
29 Sec. 2678. Section 476.3, subsection 2, Code 2023, is
30amended to read as follows:
312. If, as a result of a review procedure conducted under
32section 476.31, a review conducted under section 476.32, a
33special audit, an investigation by division board staff, or
34an investigation by the consumer advocate, a petition is
35filed with the board by the consumer advocate, alleging that
-1452-1a utility’s rates are excessive, the disputed amount shall be
2specified in the petition. The public utility shall, within
3the time prescribed by the board, file a bond or undertaking
4approved by the board conditioned upon the refund in a manner
5prescribed by the board of amounts collected after the date of
6filing of the petition in excess of rates or charges finally
7determined by the board to be lawful. If upon hearing the
8board finds that the utility’s rates are unlawful, the board
9shall order a refund, with interest, of amounts collected
10after the date of filing of the petition that are determined
11to be in excess of the amounts which would have been collected
12under the rates finally approved. However, the board shall
13not order a refund that is greater than the amount specified
14in the petition, plus interest, and if the board fails to
15render a decision within ten months following the date of
16filing of the petition, the board shall not order a refund of
17any excess amounts that are collected after the expiration of
18that ten-month period and prior to the date the decision is
19rendered.
20 Sec. 2679. Section 476.10, Code 2023, is amended to read as
21follows:
22476.10 Investigations — expense — appropriation.
231. a. In order to carry out the duties imposed upon
24it by law, the board may, at its discretion, allocate and
25charge directly the expenses attributable to its duties to
26the person bringing a proceeding before the board, to persons
27participating in matters before the board, or to persons
28subject to inspection by the board. The board shall ascertain
29the certified expenses incurred and directly chargeable by
30the consumer advocate division of the department of justice
31in the performance of its duties. The board and the consumer
32advocate separately may decide not to charge expenses to
33persons who, without expanding the scope of the proceeding
34or matter, intervene in good faith in a board proceeding
35initiated by a person subject to the board’s jurisdiction,
-1453-1the consumer advocate, or the board on its own motion. For
2assessments in any proceedings or matters before the board, the
3board and the consumer advocate separately may consider the
4financial resources of the person, the impact of assessment on
5participation by intervenors, the nature of the proceeding or
6matter, and the contribution of a person’s participation to the
7public interest. The board may present a bill for expenses
8under this subsection to the person, either at the conclusion
9of a proceeding or matter, or from time to time during its
10progress. Presentation of a bill for expenses under this
11subsection constitutes notice of direct assessment and request
12for payment in accordance with this section.
13b. The board shall ascertain the total of the division’s
14 board’s expenses incurred during each fiscal year in the
15performance of its duties under law. The board shall add to
16the total of the division’s board’s expenses the certified
17expenses of the consumer advocate as provided under section
18475A.6. The board shall deduct all amounts charged directly
19to any person from the total expenses of the board and the
20consumer advocate. The board may assess the amount remaining
21after the deduction to all persons providing service over which
22the board has jurisdiction in proportion to the respective
23gross operating revenues of such persons from intrastate
24operations during the last calendar year over which the board
25has jurisdiction. For purposes of determining gross operating
26revenues under this section, the board shall not include gross
27receipts received by a cooperative corporation or association
28for wholesale transactions with members of the cooperative
29corporation or association, provided that the members are
30subject to assessment by the board based upon the members’
31gross operating revenues, or provided that such a member is
32an association whose members are subject to assessment by the
33board based upon the members’ gross operating revenues. If
34any portion of the remainder can be identified with a specific
35type of utility service, the board shall assess those expenses
-1454-1only to the entities providing that type of service over which
2the board has jurisdiction. The board may make the remainder
3assessments under this paragraph to some or all persons
4providing service over which the board has jurisdiction, based
5upon estimates of the expenditures for the fiscal year for
6the utilities division board and the consumer advocate. Not
7more than ninety days following the close of the fiscal year,
8the utilities division board shall conform the amount of the
9prior fiscal year’s assessments to the requirements of this
10paragraph. For gas and electric public utilities exempted from
11rate regulation pursuant to this chapter, and for providers
12of telecommunications service required to register with the
13board pursuant to section 476.95A that are exempted from rate
14regulation pursuant to this chapter, the remainder assessments
15under this paragraph shall be computed at one-half the rate
16used in computing the assessment for other persons.
172. a. A person subject to a charge or assessment shall
18pay the division board the amount charged or assessed against
19the person within thirty days from the time the division board
20 provides notice to the person of the amount due, unless the
21person files an objection in writing with the board setting out
22the grounds upon which the person claims that such charge or
23assessment is excessive, unreasonable, erroneous, unlawful, or
24invalid. Upon receipt of an objection, the board shall set the
25matter for hearing and issue its order in accordance with its
26findings in the proceeding.
27b. The order shall be subject to review in the manner
28provided in this chapter. All amounts collected by the
29division board pursuant to the provisions of this section
30shall be deposited with the treasurer of state and credited to
31the department of commerce revolving fund created in section
32546.12. Such amounts shall be spent in accordance with the
33provisions of chapter 8.
343. Whenever the board shall deem it necessary in order
35to carry out the duties imposed upon it in connection with
-1455-1rate regulation under section 476.6, investigations under
2section 476.3, or review proceedings under section 476.31,
3the board may employ additional temporary or permanent staff,
4or may contract with persons who are not state employees for
5engineering, accounting, or other professional services, or
6both. The costs of these additional employees and contract
7services shall be paid by the public utility whose rates
8are being reviewed in the same manner as other expenses are
9paid under this section. Beginning on July 1, 1991, there
10is appropriated out of any funds in the state treasury not
11otherwise appropriated, such sums as may be necessary to enable
12the board to hire additional staff and contract for services
13under this section. The board shall increase quarterly
14assessments specified in subsection 1, paragraph “b”, by
15amounts necessary to enable the board to hire additional staff
16and contract for services under this section. The authority to
17hire additional temporary or permanent staff that is granted to
18the board by this section shall not be subject to limitation
19by any administrative or executive order or decision that
20restricts the number of state employees or the filling of
21employee vacancies, and shall not be subject to limitation
22by any law of this state that restricts the number of state
23employees or the filling of employee vacancies unless that
24law is made applicable to this section by express reference
25to this section. Before the board expends or encumbers an
26amount in excess of the funds budgeted for rate regulation and
27before the board increases quarterly assessments pursuant to
28this subsection, the director of the department of management
29shall approve the expenditure or encumbrance. Before approval
30is given, the director of the department of management shall
31determine that the expenses exceed the funds budgeted by the
32general assembly to the board for rate regulation and that
33the board does not have other funds from which the expenses
34can be paid. Upon approval of the director of the department
35of management the board may expend and encumber funds for
-1456-1the excess expenses, and increase quarterly assessments to
2raise the additional funds. The board and the office of
3consumer advocate may add additional personnel or contract
4for additional assistance to review and evaluate energy
5efficiency plans and the implementation of energy efficiency
6programs including, but not limited to, professionally trained
7engineers, accountants, attorneys, skilled examiners and
8inspectors, and secretaries and clerks. The board and the
9office of consumer advocate may also contract for additional
10assistance in the evaluation and implementation of issues
11relating to telecommunication competition. The board and the
12office of the consumer advocate may expend additional sums
13beyond those sums appropriated. However, the authority to add
14additional personnel or contract for additional assistance
15must first be approved by the department of management. The
16additional sums for energy efficiency shall be provided to the
17board and the office of the consumer advocate by the utilities
18subject to the energy efficiency requirements in this chapter.
19Telephone companies shall pay any additional sums needed for
20assistance with telecommunication competition issues. The
21assessments shall be in addition to and separate from the
22quarterly assessment.
234. a. Fees paid to the utilities division board shall be
24deposited in the department of commerce revolving fund created
25in section 546.12. These funds shall be used for the payment,
26upon appropriation by the general assembly, of the expenses of
27the utilities division board and the consumer advocate division
28of the department of justice.
29b. The administrator and consumer advocate shall account
30for receipts and disbursements according to the separate duties
31imposed upon the utilities board and the consumer advocate
32divisions division by the laws of this state and each separate
33duty shall be fiscally self-sustaining.
34c. All fees and other moneys collected under this section
35and sections 478.4, 479.16, and 479A.9 shall be deposited into
-1457-1the department of commerce revolving fund created in section
2546.12 and expenses required to be paid under this section
3shall be paid from funds appropriated for those purposes.
4 Sec. 2680. Section 476.48, subsections 2 and 6, Code 2023,
5are amended to read as follows:
62. Program established.
7a. The utilities division board shall establish and
8administer a small wind innovation zone program to optimize
9local, regional, and state benefits from wind energy and
10to facilitate and expedite interconnection of small wind
11energy systems with electric utilities throughout this state.
12Pursuant to the program, the owner of a small wind energy
13system located within a small wind innovation zone desiring
14to interconnect with an electric utility shall benefit
15from a streamlined application process, may utilize a model
16interconnection agreement, and can qualify under a model
17ordinance.
18b. A political subdivision seeking to be designated a small
19wind innovation zone shall apply to the division board upon a
20form developed by the division board. The division board shall
21approve an application which documents that the applicable
22local government has adopted the model ordinance or is in the
23process of amending an existing zoning ordinance to comply with
24the model ordinance and that an electric utility operating
25within the political subdivision has agreed to utilize the
26model interconnection agreement to contract with the small wind
27energy system owners who agree to its terms.
286. Reporting requirements. The division board shall prepare
29a report summarizing the number of applications received from
30political subdivisions seeking to be designated a small wind
31innovation zone, the number of applications granted, the number
32of small wind energy systems generating electricity within
33each small wind innovation zone, and the amount of wind energy
34produced, and shall submit the report to the members of the
35general assembly by January 1 annually.
-1458-1 Sec. 2681. Section 476.51, subsection 5, Code 2023, is
2amended to read as follows:
35. Civil penalties collected pursuant to this section from
4utilities providing water, electric, or gas service shall
5be forwarded by the chief operating officer of the board to
6the treasurer of state to be credited to the general fund
7of the state and to be used only for the low income home
8energy assistance program and the weatherization assistance
9program administered by the division of community action
10agencies of the department of human rights. Civil penalties
11collected pursuant to this section from utilities providing
12telecommunications service shall be forwarded to the treasurer
13of state to be credited to the department of commerce revolving
14fund created in section 546.12 to be used only for consumer
15education programs administered by the board. Penalties paid
16by a rate-regulated public utility pursuant to this section
17shall be excluded from the utility’s costs when determining
18the utility’s revenue requirement, and shall not be included
19either directly or indirectly in the utility’s rates or charges
20to customers.
21 Sec. 2682. Section 476.63, Code 2023, is amended to read as
22follows:
23476.63 Energy efficiency programs.
24The division board shall consult with the economic
25development authority in the development and implementation of
26public utility energy efficiency programs.
27 Sec. 2683. Section 476.87, subsection 3, Code 2023, is
28amended to read as follows:
293. The board shall allocate the costs and expenses
30reasonably attributable to certification and dispute resolution
31in this section to persons identified as parties to such
32proceeding who are engaged in or who seek to engage in
33providing natural gas services or other persons identified as
34participants in such proceeding. The funds received for the
35costs and the expenses of certification and dispute resolution
-1459-1shall be remitted to the treasurer of state for deposit in the
2department of commerce revolving fund created in section 546.12
3as provided in section 476.10.
4 Sec. 2684. Section 476.95B, subsection 2, Code 2023, is
5amended to read as follows:
62. In proceedings under 47 U.S.C. §251–254, the board
7shall allocate the costs and expenses of the proceedings to
8persons identified as parties in the proceeding who are engaged
9in or who seek to engage in providing telecommunications
10service or other persons identified as participants in the
11proceeding. The funds received for the costs and the expenses
12shall be remitted to the treasurer of state for deposit in the
13department of commerce revolving fund created in section 546.12
14as provided in section 476.10.
15 Sec. 2685. Section 476.103, subsection 4, paragraph c, Code
162023, is amended to read as follows:
17c. A civil penalty collected pursuant to this subsection
18shall be forwarded by the chief operating officer of the board
19to the treasurer of state to be credited to the department of
20 commerce revolving fund created in section 546.12 and to be
21used only for consumer education programs administered by the
22board.
23 Sec. 2686. Section 476A.1, subsection 2, Code 2023, is
24amended to read as follows:
252. “Board” means the utilities board within the utilities
26division of the department of commerce.
27 Sec. 2687. Section 476A.10, Code 2023, is amended to read
28as follows:
29476A.10 Costs of proceeding.
30The applicant for a certificate, or an amendment to
31certificate, shall pay all the costs and expenses incurred by
32the division board in reaching a decision on the application
33including the costs of examinations of the site, the hearing,
34publishing of notice, division board staff salaries, the cost
35of consultants employed by the division board, and other
-1460-1expenses reasonably attributable to the proceeding.
2 Sec. 2688. Section 476A.14, subsection 1, Code 2023, is
3amended to read as follows:
41. Any person who commences to construct a facility as
5provided in this subchapter without having first obtained a
6certificate, or who constructs, operates, or maintains any
7facility other than in compliance with a certificate issued by
8the board or a certificate amended pursuant to this subchapter,
9or who causes any of these acts to occur, shall be liable
10for a civil penalty of not more than ten thousand dollars
11for each violation or for each day of continuing violation.
12Civil penalties collected pursuant to this subsection shall be
13forwarded by the clerk of court to the treasurer of state for
14deposit in the department of commerce revolving fund created
15in section 546.12.
16 Sec. 2689. Section 476B.1, subsection 1, Code 2023, is
17amended to read as follows:
181. “Board” means the utilities board within the utilities
19division of the department of commerce.
20 Sec. 2690. Section 476C.1, subsection 4, Code 2023, is
21amended to read as follows:
224. “Board” means the utilities board within the utilities
23division of the department of commerce.
24 Sec. 2691. Section 477A.1, subsection 1, Code 2023, is
25amended to read as follows:
261. “Board” means the utilities board within the utilities
27division of the department of commerce.
28 Sec. 2692. Section 477C.2, subsection 1, Code 2023, is
29amended to read as follows:
301. “Board” means the utilities board within the department
31of commerce created in section 474.1.
32 Sec. 2693. Section 478.1, subsection 1, Code 2023, is
33amended to read as follows:
341. A person shall not construct, erect, maintain, or
35operate a transmission line, wire, or cable that is capable
-1461-1of operating at an electric voltage of sixty-nine kilovolts
2or more along, over, or across any public highway or grounds
3outside of cities for the transmission, distribution, or sale
4of electric current without first procuring from the utilities
5board within the utilities division of the department of
6commerce a franchise granting authority as provided in this
7chapter.
8 Sec. 2694. Section 478.4, Code 2023, is amended to read as
9follows:
10478.4 Franchise — hearing.
11The utilities board shall consider the petition and any
12objections filed to it in the manner provided. It shall
13examine the proposed route or cause any engineer selected
14by it to do so. If a hearing is held on the petition it may
15hear testimony as may aid it in determining the propriety of
16granting the franchise. It may grant the franchise in whole or
17in part upon the terms, conditions, and restrictions, and with
18the modifications as to location and route as may seem to it
19just and proper. Before granting the franchise, the utilities
20board shall make a finding that the proposed line or lines are
21necessary to serve a public use and represents a reasonable
22relationship to an overall plan of transmitting electricity in
23the public interest. A franchise shall not become effective
24until the petitioners shall pay, or file an agreement to pay,
25all costs and expenses of the franchise proceeding, whether
26or not objections are filed, including costs of inspections
27or examinations of the route, hearing, salaries, publishing
28of notice, and any other expenses reasonably attributable to
29it. The funds received for the costs and the expenses of the
30franchise proceeding shall be remitted to the treasurer of
31state for deposit in the department of commerce revolving fund
32created in section 546.12 as provided in section 476.10.
33 Sec. 2695. Section 478A.7, subsection 4, Code 2023, is
34amended to read as follows:
354. Notwithstanding subsection 1, commencing January 1,
-1462-11990, a person may sell or offer for sale in this state a
2decorative gas lamp manufactured after December 31, 1978,
3if the utilities board within the utilities division of
4the department of commerce determines, after notice and an
5opportunity for interested persons to comment at an oral
6presentation, that the sale or offer for sale of decorative gas
7lamps does not violate the public interest.
8 Sec. 2696. Section 479.2, subsection 1, Code 2023, is
9amended to read as follows:
101. “Board” means the utilities board within the utilities
11division of the department of commerce.
12 Sec. 2697. Section 479.16, Code 2023, is amended to read as
13follows:
14479.16 Receipt of funds.
15All moneys received under this chapter shall be remitted
16monthly to the treasurer of state and credited to the
17department of commerce revolving fund created in section 546.12
18as provided in section 476.10.
19 Sec. 2698. Section 479A.2, subsection 1, Code 2023, is
20amended to read as follows:
211. “Board” means the utilities board within the utilities
22division of the department of commerce.
23 Sec. 2699. Section 479A.9, Code 2023, is amended to read as
24follows:
25479A.9 Deposit of funds.
26Moneys received under this chapter shall be credited to the
27department of commerce revolving fund created in section 546.12
28as provided in section 476.10.
29 Sec. 2700. Section 479B.2, subsection 1, Code 2023, is
30amended to read as follows:
311. “Board” means the utilities board within the utilities
32division of the department of commerce.
33 Sec. 2701. Section 479B.2, subsection 6, Code 2023, is
34amended by striking the subsection.
35 Sec. 2702. Section 479B.12, Code 2023, is amended to read
-1463-1as follows:
2479B.12 Use of funds.
3All moneys received under this chapter, other than civil
4penalties collected pursuant to section 479B.21, shall be
5remitted monthly to the treasurer of state and credited to
6the department of commerce revolving fund created in section
7546.12.
8 Sec. 2703. Section 657.1, subsection 2, Code 2023, is
9amended to read as follows:
102. Notwithstanding subsection 1, in an action to abate
11a nuisance against an electric utility, an electric utility
12may assert a defense of comparative fault as set out in
13section 668.3 if the electric utility demonstrates that in
14the course of providing electric services to its customers it
15has complied with engineering and safety standards as adopted
16by the utilities board of the department of commerce, and if
17the electric utility has secured all permits and approvals,
18as required by state law and local ordinances, necessary to
19perform activities alleged to constitute a nuisance.
20 Sec. 2704. Section 714D.2, subsection 9, Code 2023, is
21amended to read as follows:
229. “Unfair practice” means the same as defined in section
23714.16, subsection 1, and also means any failure of a
24person to comply with the Telecommunications Act or with any
25statute or rule enforced by the utilities board within the
26utilities division of the department of commerce relating to a
27telecommunications service selection or change.
28 Sec. 2705. Section 714D.6, subsection 2, Code 2023, is
29amended to read as follows:
302. A cause of action under this section shall not apply
31unless, prior to filing the action, the consumer has submitted
32a complaint to the utilities board within the utilities
33division of the department of commerce, the utilities board has
34failed to resolve the complaint to the consumer’s satisfaction
35within one hundred twenty days of the date the complaint was
-1464-1submitted, and the consumer dismisses the complaint before the
2utilities board. The requirement that a consumer complaint be
3submitted to the utilities board and resolved by the utilities
4board to the consumer’s satisfaction within one hundred twenty
5days of filing before the consumer may file an action pursuant
6to this section shall not apply to an action by the attorney
7general to recover moneys for the consumer pursuant to section
8714D.7 or any other law. A finding by the utilities board
9that a respondent has complied with rules governing carrier
10selection procedures adopted by the utilities board shall be
11an affirmative defense to any claim brought under this section
12or section 476.103 or 714D.7 that an unauthorized change in
13service has occurred.
14 Sec. 2706. Section 714D.7, subsection 4, Code 2023, is
15amended to read as follows:
164. The attorney general shall not file a civil enforcement
17action under this chapter or under section 714.16 against a
18person for an act which is the subject of an administrative
19proceeding to impose a civil penalty which has been initiated
20against the person by the utilities board within the utilities
21division of the department of commerce. This subsection shall
22not be construed to limit the authority of the attorney general
23to file a civil enforcement or other enforcement action against
24a person for violating a prior agreement entered into by the
25person with the attorney general or a court order obtained
26by the attorney general against the person. This subsection
27shall not be construed to limit the authority of the attorney
28general to file a civil enforcement or other enforcement action
29against the person for acts which are not the subject of an
30administrative proceeding which has been initiated against the
31person by the utilities board.
32 Sec. 2707. REPEAL. Section 546.7, Code 2023, is repealed.
33DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES
34 Sec. 2708. Section 7E.5, subsection 1, paragraph f, Code
352023, is amended to read as follows:
-1465- 1f. The department of commerce insurance and financial
2services, created in section 546.2, which has primary
3responsibility for business and professional regulatory,
4service, and licensing insurance and financial services
5 functions.
6 Sec. 2709. Section 7E.5, subsection 2, paragraph a, Code
72023, is amended to read as follows:
8a. There is a civil rights commission, a public employment
9relations board, an interstate cooperation commission, an Iowa
10ethics and campaign disclosure board, an Iowa utilities board,
11 and an Iowa law enforcement academy.
12 Sec. 2710. Section 8A.412, subsections 18 and 19, Code 2023,
13are amended to read as follows:
1418. The administrator and the deputy administrator
15 superintendent and deputy superintendent of the credit union
16division of the department of commerce insurance and financial
17services, all members of the credit union review board, and all
18employees of the credit union division.
1919. The superintendent of the banking division of the
20department of commerce insurance and financial services, all
21members of the state banking council, and all employees of
22the banking division except for employees of the professional
23licensing and regulation bureau of the division.
24 Sec. 2711. Section 8A.438, subsection 1, Code 2023, is
25amended to read as follows:
261. The director may establish a tax-sheltered investment
27program for eligible employees. The director may arrange for
28the provision of investment vehicles authorized under section
29403(b) of the Internal Revenue Code, as defined in section
30422.3. The tax-sheltered investment program shall include
31investment vehicles authorized under section 403(b) of the
32Internal Revenue Code provided by any insurance company or
33investment company that is recommended for inclusion in the
34program by a person licensed as an insurance producer under
35chapter 522B, or registered as a securities agent or investment
-1466-1adviser representative under chapter 502, by the insurance
2division of the department of commerce insurance and financial
3services. The director shall require each insurance company
4and investment company included in the program to utilize the
5third party administrator selected by the department and a
6common remitter, and shall limit the total number of insurance
7companies and investment companies in the program to no more
8than thirty. To be eligible for inclusion in the program, an
9insurance company shall have filed with, and had the company’s
10contract and forms approved by, the insurance division of the
11department of commerce insurance and financial services, and
12an investment company shall be registered with the federal
13securities and exchange commission. The department may
14offer the tax-sheltered investment program to eligible public
15employers in the state of Iowa.
16 Sec. 2712. Section 8E.103, subsection 1, paragraph b, Code
172023, is amended to read as follows:
18b. Each division within the department of commerce insurance
19and financial services is considered an agency, and each bureau
20within a division of the department of commerce insurance and
21financial services is considered a division, as otherwise
22provided in chapter 7E.
23 Sec. 2713. Section 8F.2, subsection 8, paragraph b,
24subparagraph (3), Code 2023, is amended to read as follows:
25(3) A contract concerning an entity that has contracted
26with the state and is licensed and regulated by the insurance
27division of the department of commerce insurance and financial
28services.
29 Sec. 2714. Section 11.5B, subsection 1, Code 2023, is
30amended to read as follows:
311. Department of commerce insurance and financial services.
32 Sec. 2715. Section 11.6, subsection 1, paragraph c,
33subparagraph (6), Code 2023, is amended to read as follows:
34(6) A joint investment trust organized pursuant to chapter
3528E shall file the audit reports required by this chapter with
-1467-1the administrator of the securities and regulated industries
2bureau of the insurance division of the department of commerce
3 insurance and financial services within ten days of receipt
4from the auditor. The auditor of a joint investment trust
5shall provide written notice to the administrator of the time
6of delivery of the reports to the joint investment trust.
7 Sec. 2716. Section 15E.17, subsection 4, Code 2023, is
8amended to read as follows:
94. Subsections 2 and 3 do not apply to the following:
10a. The utilities division of the department of commerce
11 board insofar as the information relates to public utilities.
12b. The banking division of the department of commerce
13 insurance and financial services.
14c. The credit union division of the department of commerce
15 insurance and financial services.
16 Sec. 2717. Section 16.45, subsection 5, Code 2023, is
17amended to read as follows:
185. For purposes of this section, “financial institutions”
19means the same as defined in section 12C.1, “lender” means a
20lender as defined in section 537.1301 that is licensed by the
21banking division of the department of commerce insurance and
22financial services, and “manufactured home” or “manufactured
23housing” means the same as the definition of manufactured home
24in section 435.1.
25 Sec. 2718. Section 16.91, subsection 3, Code 2023, is
26amended to read as follows:
273. With the approval of the authority board the division
28and its board shall consult with the insurance division of
29the department of commerce insurance and financial services
30 in developing a guaranty contract acceptable to the secondary
31market and developing any other feature of the program with
32which the insurance division may have special expertise.
33Except as provided in this subsection, the Iowa title guaranty
34program is not subject to the jurisdiction of or regulation by
35the insurance division or the commissioner of insurance.
-1468-1 Sec. 2719. Section 20.4, subsections 10 and 11, Code 2023,
2are amended to read as follows:
310. Persons employed by the credit union division of the
4department of commerce insurance and financial services.
511. Persons employed by the banking division of the
6department of commerce insurance and financial services.
7 Sec. 2720. Section 68B.2, subsection 23, Code 2023, is
8amended to read as follows:
923. “Regulatory agency” means the department of agriculture
10and land stewardship, department of workforce development,
11department of commerce insurance and financial services,
12Iowa department of public health, department of public
13safety, department of education, state board of regents,
14department of human services, department of revenue, department
15of inspections and appeals, department of administrative
16services, public employment relations board, state department
17of transportation, civil rights commission, department of
18public defense, department of homeland security and emergency
19management, Iowa ethics and campaign disclosure board,
20utilities board, and department of natural resources.
21 Sec. 2721. Section 85.70, subsection 2, paragraph f, Code
222023, is amended to read as follows:
23f. Beginning on or before December 1, 2018, the department
24of workforce development, in cooperation with the department of
25education, the insurance division of the department of commerce
26 insurance and financial services, and all community colleges
27that are participating in the new career vocational training
28and education program, shall prepare an annual report for
29submission to the general assembly that provides information
30about the status of the program including but not limited to
31the utilization of and participants in the program, program
32completion rates, employment rates after completion of the
33program and the types of employment obtained by the program
34participants, and the effects of the program on workers’
35compensation premium rates.
-1469-1 Sec. 2722. Section 87.11, subsection 2, Code 2023, is
2amended to read as follows:
32. An employer seeking relief from the insurance
4requirements of this chapter shall pay to the insurance
5division of the department of commerce insurance and financial
6services the following fees:
7a. A fee of one hundred dollars, to be submitted annually
8along with an application for relief.
9b. A fee of one hundred dollars for issuance of the
10certificate relieving the employer from the insurance
11requirements of this chapter.
12c. A fee of fifty dollars, to be submitted with each filing
13required by the commissioner of insurance, including but not
14limited to the annual and quarterly financial statements, and
15material change statements.
16 Sec. 2723. Section 97B.49B, subsection 1, paragraph e,
17subparagraph (13), Code 2023, is amended to read as follows:
18(13) An employee of the insurance division of the department
19of commerce insurance and financial services who as a condition
20of employment is required to be certified by the Iowa law
21enforcement academy and who is required to perform the duties
22of a peace officer as provided in section 507E.8.
23 Sec. 2724. Section 100A.1, subsection 1, paragraph j, Code
242023, is amended to read as follows:
25j. The fraud bureau within the insurance division of the
26department of commerce insurance and financial services.
27 Sec. 2725. Section 256.35A, subsection 2, paragraph b, Code
282023, is amended to read as follows:
29b. In addition, representatives of the department of
30education, the division of vocational rehabilitation of the
31department of education, the department of public health,
32the department of human services, the Iowa developmental
33disabilities council, the division of insurance of the
34department of commerce insurance and financial services, and
35the state board of regents shall serve as ex officio members
-1470-1of the advisory council. Ex officio members shall work
2together in a collaborative manner to serve as a resource to
3the advisory council. The council may also form workgroups
4as necessary to address specific issues within the technical
5purview of individual members.
6 Sec. 2726. Section 502.102, subsection 27A, Code 2023, is
7amended to read as follows:
827A. “Securities and regulated industries bureau” means the
9securities and regulated industries bureau of the insurance
10division of the department of commerce insurance and financial
11services.
12 Sec. 2727. Section 502.321A, subsection 8, paragraph b,
13subparagraph (3), Code 2023, is amended to read as follows:
14(3) An offer in which the target company is an insurance
15company or insurance holding company subject to regulation
16by the commissioner of insurance, a financial institution
17subject to regulation by the superintendent of banking or the
18superintendent of savings and loan associations, or a public
19utility subject to regulation by the utilities division of the
20department of commerce board.
21 Sec. 2728. Section 502.601, subsection 1, Code 2023, is
22amended to read as follows:
231. Administration. This chapter shall be administered by
24the commissioner of insurance of this state. The administrator
25shall appoint a deputy administrator who shall be exempt from
26the merit system provisions of chapter 8A, subchapter IV. The
27deputy administrator is the principal operations officer of the
28securities and regulated industries bureau of the insurance
29division of the department of commerce insurance and financial
30services. The deputy administrator is responsible to the
31administrator for the routine administration of this chapter
32and the management of the securities and regulated industries
33bureau. In the absence of the administrator, whether because
34of vacancy in the office, by reason of absence, physical
35disability, or other cause, the deputy administrator shall be
-1471-1the acting administrator and shall, for that period, have and
2exercise the authority conferred upon the administrator. The
3administrator may by order delegate to the deputy administrator
4any or all of the functions assigned to the administrator
5under this chapter. The administrator shall employ officers,
6attorneys, accountants, and other employees as needed for the
7administration of this chapter.
8 Sec. 2729. Section 502A.1, subsection 1, Code 2023, is
9amended to read as follows:
101. “Administrator” means the administrator of the securities
11and regulated industries bureau of the insurance division of
12the department of commerce insurance and financial services.
13 Sec. 2730. Section 502A.15, subsection 1, Code 2023, is
14amended to read as follows:
151. This chapter shall be administered by the administrator
16of the securities and regulated industries bureau of the
17insurance division of the department of commerce insurance and
18financial services.
19 Sec. 2731. Section 505.1, Code 2023, is amended to read as
20follows:
21505.1 Insurance division created.
22An insurance division is created within the department
23of commerce insurance and financial services to regulate and
24supervise the conducting of the business of insurance in the
25state. The commissioner of insurance is the chief executive
26officer of the division. As used in this subtitle and chapter
27502, “division” means the insurance division.
28 Sec. 2732. Section 505.2, Code 2023, is amended to read as
29follows:
30505.2 Appointment and term of commissioner.
311. The governor shall appoint subject to confirmation
32by the senate, a commissioner of insurance, who shall be
33selected solely with regard to qualifications and fitness to
34discharge the duties of this position, devote the entire time
35to such duties, and serve for four years beginning and ending
-1472-1as provided by section 69.19. The governor may remove the
2commissioner for malfeasance in office, or for any cause that
3renders the commissioner ineligible, incapable, or unfit to
4discharge the duties of the office.
52. A vacancy in the office of the commissioner shall be
6filled for the unexpired portion of the regular term.
73. The commissioner of insurance shall also serve as the
8director of the department of insurance and financial services
9pursuant to section 546.2.
10 Sec. 2733. Section 505.5, Code 2023, is amended to read as
11follows:
12505.5 Expenses — salary.
13The commissioner shall be entitled to reimbursement of
14actual necessary expenses in attending meetings of insurance
15commissioners of other states, and in the performance of the
16duties of the office. The commissioner’s salary shall be as
17fixed by the general assembly.
18 Sec. 2734. Section 505.7, subsections 1 and 3, Code 2023,
19are amended to read as follows:
201. All fees and charges which are required by law to be
21paid by insurance companies, associations, and other regulated
22entities shall be payable to the commissioner of the insurance
23division of the department of commerce insurance and financial
24services or department of revenue, as provided by law, whose
25duty it shall be to account for and pay over the same to the
26treasurer of state at the time and in the manner provided by
27law for deposit in the department of commerce revolving fund
28created in section 546.12.
293. Forty percent of the nonexamination revenues payable
30to the division of insurance or the department of revenue in
31connection with the regulation of insurance companies or other
32entities subject to the regulatory jurisdiction of the division
33shall be deposited in the department of commerce revolving
34fund created in section 546.12 and shall be subject to annual
35appropriation to the division for its operations and is also
-1473-1subject to expenditure under subsection 6. The remaining
2nonexamination revenues payable to the division of insurance
3or the department of revenue shall be deposited in the general
4fund of the state.
5 Sec. 2735. Section 507.1, subsection 2, paragraph c, Code
62023, is amended to read as follows:
7c. “Division” means the division of insurance of the
8department of commerce insurance and financial services.
9 Sec. 2736. Section 507E.8, Code 2023, is amended to read as
10follows:
11507E.8 Law enforcement authority.
121. An individual employed by the division and designated as
13a peace officer shall be considered a law enforcement officer
14as that term is defined in section 80B.3, and shall exercise
15the powers of a law enforcement officer as follows:
16a. For purposes of an arrest resulting from a criminal
17violation of any provision of the Code subject to the
18jurisdiction of the commissioner established as a result of an
19investigation pursuant to this chapter or chapter 502, 502A,
20507A, 523A, 523C, 523D, or 523I.
21b. While conducting an investigation or engaged in an
22assignment authorized by this chapter or ordered by the
23commissioner chapter 502, 502A, 507A, 523A, 523C, 523D, or
24523I.
25c. To protect life if a public offense is committed in the
26presence of the peace officer.
27d. While providing assistance to a law enforcement agency or
28another law enforcement officer.
29e. While providing assistance at the request of a member of
30the public.
312. Laws applicable to an arrest of an individual by a law
32enforcement officer of the state shall apply to an individual
33employed by the division and designated as a peace officer. An
34individual employed by the division and designated as a peace
35officer shall have the power to execute arrest warrants and
-1474-1search warrants, serve subpoenas issued for the examination,
2investigation, and trial of all offenses identified through the
3course of an investigation conducted pursuant to this section,
4and arrest upon probable cause without warrant a person found
5in the act of committing a violation of this chapter or a law
6of this state.
7 Sec. 2737. Section 514H.2, subsection 2, Code 2023, is
8amended to read as follows:
92. The insurance division of the department of commerce
10 insurance and financial services shall administer the program
11in cooperation with the division responsible for medical
12services within the department of human services. Each
13agency shall take all necessary actions, including filing an
14appropriate medical assistance state plan amendment to the
15state Medicaid plan to take full advantage of the benefits and
16features of the Deficit Reduction Act of 2005.
17 Sec. 2738. Section 514H.9, Code 2023, is amended to read as
18follows:
19514H.9 Rules.
20The insurance division of the department of commerce
21 insurance and financial services in cooperation with the
22department of human services shall adopt rules pursuant to
23chapter 17A as necessary to administer this chapter.
24 Sec. 2739. Section 514I.2, subsection 9, paragraph a, Code
252023, is amended to read as follows:
26a. An entity licensed by the division of insurance of the
27department of commerce insurance and financial services to
28provide health insurance in Iowa that has contracted with the
29department to provide health insurance coverage to eligible
30children under this chapter.
31 Sec. 2740. Section 515A.6, subsection 7, paragraph a, Code
322023, is amended to read as follows:
33a. The commissioner shall provide notice of the filing of
34the proposed rates at least thirty days before the effective
35date of the proposed rates by publishing a notice on the
-1475-1internet site of the insurance division of the department of
2commerce insurance and financial services.
3 Sec. 2741. Section 521H.6, subsection 1, Code 2023, is
4amended to read as follows:
51. Documents, materials, or other information, including
6a corporate governance annual disclosure, in the possession
7or control of the insurance division of the department of
8commerce insurance and financial services, that is obtained
9by, created by, or disclosed to the commissioner or to any
10other person pursuant to this chapter, is recognized in this
11state as being proprietary and containing trade secrets. All
12such documents, materials, or other information, including the
13disclosure, shall be confidential and privileged, shall not be
14subject to chapter 22, shall be considered confidential under
15chapter 507, shall not be subject to subpoena, and shall not be
16subject to discovery or admissible in evidence in any private
17civil action. However, the commissioner is authorized to use
18such documents, materials, or other information, including
19the disclosure, in the furtherance of any regulatory or legal
20action brought as a part of the commissioner’s official duties.
21The commissioner shall not otherwise make the documents,
22materials, or other information, including the disclosure,
23public without the prior written consent of the insurer or
24insurance group that provided the documents, materials, or
25other information, including the disclosure. Nothing in this
26section shall be construed to require written consent of
27the insurer or insurance group before the commissioner may
28share or receive confidential documents, materials, or other
29information related to governance of an insurer or insurance
30group pursuant to subsection 3 to assist in the performance of
31the commissioner’s regular duties.
32 Sec. 2742. Section 522.8, subsection 1, Code 2023, is
33amended to read as follows:
341. Documents, materials, or other information, including
35an own risk and solvency assessment summary report, in
-1476-1the possession or control of the insurance division of the
2department of commerce insurance and financial services, that
3are obtained by, created by, or disclosed to the commissioner
4or to any other person pursuant to this chapter, are recognized
5in this state as being proprietary and containing trade
6secrets. All such documents, materials, or other information,
7including the summary report, shall be confidential and
8privileged, shall not be subject to chapter 22, shall not be
9subject to subpoena, and shall not be subject to discovery
10or admissible in evidence in any private civil action.
11However, the commissioner is authorized to use such documents,
12materials, or other information, including the summary report,
13in the furtherance of any regulatory or legal action brought as
14a part of the commissioner’s official duties. The commissioner
15shall not otherwise make the documents, materials, or other
16information, including the summary report, public without
17the prior written consent of the insurer that provided the
18documents, materials, or other information, including the
19summary report.
20 Sec. 2743. Section 523A.807, subsection 4, Code 2023, is
21amended to read as follows:
224. The commissioner shall post on the internet site of the
23division of insurance of the department of commerce insurance
24and financial services a list of all persons licensed under
25this chapter and an index of orders issued by the commissioner
26pertaining to such persons.
27 Sec. 2744. Section 524.201, Code 2023, is amended to read
28as follows:
29524.201 Superintendent of banking.
301. The governor shall appoint, subject to confirmation by
31the senate, a superintendent of banking. The appointee shall
32be selected solely with regard to qualification and fitness
33to discharge the duties of office, and a person shall not be
34appointed who has not had at least five years’ experience as an
35executive officer in a bank. The superintendent shall serve at
-1477-1the pleasure of the governor.
22. The superintendent shall have an office at the seat
3of government. The regular term of office shall be four
4years beginning and ending as provided by section 69.19 The
5superintendent shall receive a salary set by the governor
6within a range established by the general assembly.
7 Sec. 2745. Section 524.206, Code 2023, is amended to read
8as follows:
9524.206 Banking division created.
10The banking division is created within the department of
11commerce insurance and financial services.
12 Sec. 2746. Section 524.207, subsections 1, 2, 5, and 6, Code
132023, are amended to read as follows:
141. Except as otherwise provided by statute, all expenses
15required in the discharge of the duties and responsibilities
16imposed upon the banking division of the department of commerce
17 insurance and financial services, the superintendent, and the
18state banking council by the laws of this state shall be paid
19from fees provided by the laws of this state and appropriated
20by the general assembly from the department of commerce
21revolving fund created in section 546.12. All of these
22fees are payable to the superintendent. The superintendent
23shall pay all the fees and other moneys received by the
24superintendent to the treasurer of state within the time
25required by section 12.10 and the fees and other moneys shall
26be deposited into the department of commerce revolving fund
27created in section 546.12.
282. All fees and assessments generated as the result of a
29national bank or federal savings association converting to a
30state bank on or after December 31, 2015, and thereafter, are
31payable to the superintendent. The superintendent shall pay
32all the fees and assessments received by the superintendent
33pursuant to this subsection to the treasurer of state within
34the time required by section 12.10 and the fees and assessments
35shall be deposited into the department of commerce revolving
-1478-1fund created in section 546.12. An amount equal to such fees
2and assessments deposited into the department of commerce
3revolving fund is appropriated from the department of commerce
4revolving fund to the banking division of the department of
5commerce insurance and financial services for the fiscal
6year in which a national bank or federal savings association
7converted to a state bank and an amount equal to such
8annualized fees and assessments deposited into the department
9of commerce revolving fund in succeeding years is appropriated
10from the department of commerce revolving fund to the banking
11division of the department of commerce insurance and financial
12services for succeeding fiscal years for purposes related to
13the discharge of the duties and responsibilities imposed upon
14the banking division of the department of commerce insurance
15and financial services, the superintendent, and the state
16banking council by the laws of this state. This appropriation
17shall be in addition to the appropriation of moneys otherwise
18described in this section. If a state bank converts to a
19national bank or federal savings association, any appropriation
20made pursuant to this subsection for the following fiscal
21year shall be reduced by the amount of the assessment paid by
22the state bank during the fiscal year in which the state bank
23converted to a national bank or federal savings association.
245. All fees and moneys collected shall be deposited into the
25department of commerce revolving fund created in section 546.12
26and expenses required to be paid under this section shall be
27paid from moneys in the department of commerce revolving fund
28and appropriated for those purposes.
296. All moneys received by the superintendent pursuant to a
30multi-state settlement with a provider of financial services
31such as a mortgage lender, a mortgage servicer, or any other
32person regulated by the banking division of the department of
33commerce insurance and financial services shall be deposited
34into the department of commerce revolving fund created in
35section 546.12 and an amount equal to the amount deposited
-1479-1into the fund is appropriated to the banking division of the
2department of commerce insurance and financial services for the
3fiscal year in which such moneys are received and in succeeding
4fiscal years for the purpose of promoting financial-related
5education and supporting those duties of the banking
6division related to financial regulation that are limited to
7nonrecurring expenses such as equipment purchases, training,
8technology, and retirement payouts related to the oversight of
9mortgage lending, state banks, and other financial services
10regulated by the banking division. This appropriation shall be
11in addition to the appropriation of moneys otherwise described
12in this section. The superintendent shall submit a report to
13the department of management and to the legislative services
14agency detailing the expenditure of moneys appropriated to the
15banking division pursuant to this subsection during each fiscal
16year. The initial report shall be submitted on or before
17September 15, 2016, and each September 15 thereafter. Moneys
18appropriated pursuant to this subsection are not subject to
19section 8.33 and shall not be transferred, used, obligated,
20appropriated, or otherwise encumbered except as provided in
21this subsection.
22 Sec. 2747. Section 527.2, subsection 2, Code 2023, is
23amended to read as follows:
242. “Administrator” means and includes the superintendent
25of banking and the superintendent of credit unions within
26the department of commerce insurance and financial services
27 and the supervisor of industrial loan companies within the
28office of the superintendent of banking. However, the powers
29of administration and enforcement of this chapter shall be
30exercised only as provided in sections 527.3, 527.5, subsection
317, sections 527.11, 527.12, and any other pertinent provision
32of this chapter.
33 Sec. 2748. Section 528.2, subsection 1, Code 2023, is
34amended to read as follows:
351. “Administrator” means the superintendent of banking and
-1480-1the superintendent of credit unions within the department of
2commerce insurance and financial services.
3 Sec. 2749. Section 533.102, subsection 4, Code 2023, is
4amended to read as follows:
54. “Credit union service organization” means a corporation,
6limited partnership, or limited liability company organized
7under state law to provide financial and financial-related
8services for one or more credit unions, each of which owns part
9of the capital stock of the credit union service organization,
10as authorized under section 533.301, subsection 5, paragraph
11“f”, and which corporation, limited partnership, or limited
12liability company is subject to examination by the credit union
13division of the Iowa department of commerce insurance and
14financial services or a federal supervisory agency.
15 Sec. 2750. Section 533.103, Code 2023, is amended to read
16as follows:
17533.103 Credit union division created.
18A credit union division of the department of commerce
19 insurance and financial services is created to administer this
20chapter.
21 Sec. 2751. Section 533.104, Code 2023, is amended to read
22as follows:
23533.104 Superintendent of credit unions.
241. A superintendent of credit unions shall be appointed by
25the governor to serve at the pleasure of the governor, subject
26to confirmation by the senate, to regulate credit unions.
27a. The appointee shall be selected solely with regard to
28qualification and fitness to discharge the duties of office.
29b. The and the individual appointed shall have at least
30five years’ experience as a director or executive officer of
31a credit union, or comparable experience in the regulation or
32examination of credit unions. For purposes of this paragraph
33 subsection, credit union membership does not qualify as credit
34union experience.
352. The superintendent shall have an office at the seat
-1481-1of government. The superintendent’s term of office shall be
2four years beginning and ending as provided by section 69.19.
3The governor may remove the superintendent for malfeasance
4in office, or for any cause that renders the superintendent
5ineligible, incapable, or unfit to discharge the duties of the
6office.
73. The superintendent shall receive a salary set by the
8governor within a range established by the general assembly.
94. A vacancy in the office of superintendent shall be filled
10for the unexpired portion of the regular term.
115. 3. The superintendent may adopt rules as necessary or
12appropriate to administer this chapter, subject to the prior
13approval of the rules by the review board.
14 Sec. 2752. Section 533.111, subsections 1, 4, and 5, Code
152023, are amended to read as follows:
161. a. All expenses required in the discharge of the
17duties and responsibilities imposed upon the credit union
18division, the superintendent, and the review board by the laws
19of this state shall be paid from fees provided by the laws
20of this state and appropriated by the general assembly from
21the department of commerce revolving fund created in section
22546.12.
23b. All fees imposed under this chapter are payable to
24the superintendent, who shall pay all fees and other moneys
25received to the treasurer of state within the time required by
26section 12.10. The treasurer of state shall deposit such funds
27in the department of commerce revolving fund created in section
28546.12.
294. a. All fees and other moneys collected shall be
30deposited into the department of commerce revolving fund
31created in section 546.12 and expenses required to be paid
32under this section shall be paid from moneys in the department
33of commerce revolving fund and appropriated for those purposes.
34b. Funds appropriated to the credit union division shall
35be subject at all times to the warrant of the director
-1482-1of the department of administrative services, drawn upon
2written requisition of the superintendent or a designated
3representative, for the payment of all salaries and other
4expenses necessary to carry out the duties of the credit union
5division.
65. The credit union division may accept reimbursement of
7expenses related to the examination of a state credit union
8from the national credit union administration or any other
9guarantor or insurance plan authorized by this chapter. These
10reimbursements shall be deposited into the department of
11 commerce revolving fund created in section 546.12.
12 Sec. 2753. Section 533A.10, subsection 1, Code 2023, is
13amended to read as follows:
141. The superintendent may examine the condition and
15affairs of a licensee. In connection with any examination,
16the superintendent may examine on oath any licensee, and any
17director, officer, employee, customer, creditor, or stockholder
18of a licensee concerning the affairs and business of the
19licensee. The superintendent shall ascertain whether the
20licensee transacts its business in the manner prescribed by
21the law and applicable rules. The licensee shall pay the cost
22of the examination as determined by the superintendent based
23on the actual cost of the operation of the finance bureau of
24the banking division of the department of commerce insurance
25and financial services, including the proportionate share of
26the administrative expenses in the operation of the banking
27division attributable to the finance bureau, as determined by
28the superintendent, incurred in the discharge of duties imposed
29upon the superintendent by this chapter. Failure to pay the
30examination fee within thirty days of receipt of demand from
31the superintendent shall subject the licensee to a late fee of
32up to five percent per day of the amount of the examination fee
33for each day the payment is delinquent.
34 Sec. 2754. Section 533A.14, Code 2023, is amended to read
35as follows:
-1483- 1533A.14 Fees to state treasurer.
2All moneys received by the superintendent from fees,
3licenses, and examinations pursuant to this chapter shall be
4deposited by the superintendent with the treasurer of state for
5deposit in the department of commerce revolving fund created
6in section 546.12.
7 Sec. 2755. Section 533C.902, subsection 1, Code 2023, is
8amended to read as follows:
91. A financial services licensing fund is created as a
10separate fund in the state treasury under the authority of the
11banking division of the department of commerce insurance and
12financial services. Moneys deposited in the fund shall be used
13to pay for staffing necessary to perform examinations, audits,
14and other duties required of the superintendent and the banking
15division under this chapter.
16 Sec. 2756. Section 533D.11, subsection 3, Code 2023, is
17amended to read as follows:
183. The superintendent shall determine the cost of the
19examination or investigation based upon the actual cost of the
20operation of the finance bureau of the banking division of
21the department of commerce insurance and financial services,
22including the proportionate share of administrative expenses
23in the operation of the banking division attributable to the
24finance bureau as determined by the superintendent, incurred
25in the discharge of duties imposed upon the superintendent by
26this chapter.
27 Sec. 2757. Section 535B.1, subsection 1, Code 2023, is
28amended to read as follows:
291. “Administrator” means the superintendent of the division
30of banking of the department of commerce insurance and
31financial services.
32 Sec. 2758. Section 535B.10, subsection 5, paragraph a, Code
332023, is amended to read as follows:
34a. The licensee shall pay the cost of the examination or
35investigation as determined by the administrator based on
-1484-1the actual cost of the operation of the finance bureau of
2the banking division of the department of commerce insurance
3and financial services, including the proportionate share
4of administrative expenses in the operation of the banking
5division attributable to the finance bureau as determined by
6the administrator, incurred in the discharge of duties imposed
7upon the administrator by this chapter.
8 Sec. 2759. Section 535C.11, unnumbered paragraph 1, Code
92023, is amended to read as follows:
10This chapter does not apply to activities or arrangements
11expressly approved or regulated by the department of commerce
12 insurance and financial services.
13 Sec. 2760. Section 535D.11, subsection 2, Code 2023, is
14amended to read as follows:
152. The payment of application and renewal fees for licenses
16through the nationwide mortgage licensing system and registry
17and any additional fees as determined by the superintendent
18based on the actual cost of the operation of the finance bureau
19of the banking division of the department of commerce insurance
20and financial services, including the proportionate share
21of administrative expenses in the operation of the banking
22division attributable to the finance bureau as determined by
23the superintendent, incurred in the discharge of duties imposed
24by this chapter.
25 Sec. 2761. Section 536.10, subsection 3, Code 2023, is
26amended to read as follows:
273. A licensee subject to examination, supervision,
28and regulation by the superintendent shall pay to the
29superintendent an examination fee based on the actual cost
30of the operation of the regulated loan bureau of the banking
31division of the department of commerce insurance and financial
32services and the proportionate share of administrative expenses
33in the operation of the banking division attributable to the
34regulated loan bureau as determined by the superintendent.
35The fee shall apply equally to all licenses and shall not be
-1485-1changed more frequently than annually. A fee change shall be
2effective on January 1 of the year following the year in which
3the change is approved.
4 Sec. 2762. Section 536A.2, subsection 9, Code 2023, is
5amended to read as follows:
69. “Superintendent” means the superintendent of banking
7within the banking division of the department of commerce
8 insurance and financial services.
9 Sec. 2763. Section 536A.15, subsection 4, Code 2023, is
10amended to read as follows:
114. The licensee shall be charged and shall pay the actual
12costs of the examination as determined by the superintendent
13based on the actual cost of the operation of the finance bureau
14of the 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 superintendent incurred in the discharge of the duties
19imposed upon the superintendent by this chapter. Failure to
20pay the examination fee within thirty days of receipt of demand
21from the superintendent shall subject the licensee to a late
22fee of five percent of the amount of the examination fee for
23each day the payment is delinquent.
24 Sec. 2764. Section 537.2501, subsection 2, paragraph b,
25subparagraph (3), unnumbered paragraph 1, Code 2023, is amended
26to read as follows:
27The premium rates have been affirmatively approved by the
28insurance division of the department of commerce insurance and
29financial services. In approving or establishing the rates,
30the division shall review the insurance company’s actuarial
31data to assure that the rates are fair and reasonable. The
32insurance commissioner shall either hire or contract with a
33qualified actuary to review the data. The insurance division
34shall obtain reimbursement from the insurance company for the
35cost of the actuarial review prior to approving the rates.
-1486-1In addition, the rates shall be made in accordance with the
2following provisions:
3 Sec. 2765. Section 546.1, subsections 1 and 2, Code 2023,
4are amended to read as follows:
51. “Department” means the department of commerce insurance
6and financial services.
72. “Director” means the director of the department of
8commerce insurance and financial services.
9 Sec. 2766. Section 546.2, subsections 1, 2, and 3, Code
102023, are amended to read as follows:
111. A department of commerce insurance and financial
12services is created to coordinate and administer the various
13regulatory, service, and licensing functions of the state
14relating to the conducting of business or commerce in the
15state.
162. The chief administrative officer of the department is the
17director. The director shall be appointed by the governor from
18among those individuals who serve as heads of the divisions
19within the department the commissioner of insurance appointed
20pursuant to section 505.2. A division head appointed to be the
21 The director shall fulfill the responsibilities and duties of
22the director of the department in addition to the individual’s
23 director’s responsibilities and duties as the head of a the
24insurance division. The director shall serve at the pleasure
25of the governor. If the office of director becomes vacant,
26the vacancy shall be filled in the same manner as the original
27appointment was made.
283. The department is administratively organized into the
29following divisions:
30a. Banking.
31b. Credit union.
32c. Utilities.
33d. c. Insurance.
34e. Alcoholic beverages.
35 Sec. 2767. Section 546.12, Code 2023, is amended to read as
-1487-1follows:
2546.12 Department of insurance and financial services
3 commerce revolving fund.
41. A department of commerce revolving fund is created in
5the state treasury. The fund shall consist of moneys collected
6by the banking division; credit union division; utilities
7division board, including moneys collected on behalf of the
8office of consumer advocate established in section 475A.3;
9and the insurance division of the department; and deposited
10into an account for that division, board, or office within
11the fund on a monthly basis. Except as otherwise provided
12by statute, all costs for operating the office of consumer
13advocate and the banking division, the credit union division,
14the utilities division board, and the insurance division of the
15department shall be paid from the division’s accounts within
16the fund, subject to appropriation by the general assembly.
17The insurance division shall administer the fund and all other
18divisions shall work with the insurance division to make sure
19the fund is properly accounted and reported to the department
20of management and the department of administrative services.
21The divisions shall provide quarterly reports to the department
22of management and the legislative services agency on revenues
23billed and collected and expenditures from the fund in a format
24as determined by the department of management in consultation
25with the legislative services agency.
262. To meet cash flow needs for the office of consumer
27advocate and the banking division, credit union division,
28utilities division board, or the insurance division of the
29department, the administrative head of that division, board,
30 or office may temporarily use funds from the general fund of
31the state to pay expenses in excess of moneys available in
32the revolving fund for that division, board, or office if
33those additional expenditures are fully reimbursable and the
34division, board, or office reimburses the general fund of the
35state and ensures all moneys are repaid in full by the close
-1488-1of the fiscal year. Notwithstanding any provision to the
2contrary, the divisions shall, to the fullest extent possible,
3make an estimate of billings and make such billings as early as
4possible in each fiscal year, so that the need for the use of
5general fund moneys is minimized to the lowest extent possible.
6Periodic billings shall be deemed sufficient to satisfy this
7requirement. Because any general fund moneys used shall be
8fully reimbursed, such temporary use of funds from the general
9fund of the state shall not constitute an appropriation for
10purposes of calculating the state general fund expenditure
11limitation pursuant to section 8.54.
123. Section 8.33 does not apply to any moneys credited or
13appropriated to the commerce revolving fund from any other
14fund.
154. The establishment of the commerce revolving fund
16pursuant to this section shall not be interpreted in any
17manner to compromise or impact the accountability of, or limit
18authority with respect to, an agency or entity under state
19law. Any provision applicable to, or responsibility of, a
20division, board, or office collecting moneys for deposit into
21the fund established pursuant to this section shall not be
22altered or impacted by the existence of the fund and shall
23remain applicable to the same extent as if the division, board,
24 or office were receiving moneys pursuant to a general fund
25appropriation. The divisions of the department of commerce
26 insurance and financial services shall comply with directions
27by the governor to executive branch departments regarding
28restrictions on out-of-state travel, hiring justifications,
29association memberships, equipment purchases, consulting
30contracts, and any other expenditure efficiencies that the
31governor deems appropriate.
32 Sec. 2768. Section 714E.6, subsection 4, Code 2023, is
33amended to read as follows:
344. Notwithstanding any other provision of this section,
35an action shall not be brought on the basis of a violation of
-1489-1this chapter, except by an owner against whom the violation was
2committed or by the attorney general. This limitation does not
3apply to administrative action by either the attorney general
4or the superintendent of the banking division of the department
5of commerce insurance and financial services.
6 Sec. 2769. Section 714F.8, subsection 3, paragraph b,
7subparagraph (1), Code 2023, is amended to read as follows:
8(1) Make a payment to the foreclosed homeowner such that the
9foreclosed homeowner has received consideration in an amount
10of at least eighty-two percent of the fair market value of the
11property, as the property was when the foreclosed homeowner
12vacated the property, within ninety days of either the eviction
13or voluntary relinquishment of possession of the property by
14the foreclosed homeowner. The foreclosure purchaser shall make
15a detailed accounting of the basis for the payment amount, or
16a detailed accounting of the reasons for failure to make a
17payment, including providing written documentation of expenses,
18within this ninety-day period. The accounting shall be on a
19form prescribed by the attorney general, in consultation with
20the superintendent of the banking division of the department of
21commerce insurance and financial services without being subject
22to the rulemaking procedures of chapter 17A.
23 Sec. 2770. Section 714F.8, subsection 3, paragraph b,
24subparagraph (2), subparagraph division (b), Code 2023, is
25amended to read as follows:
26(b) The time for determining the fair market value amount
27shall be determined in the foreclosure reconveyance contract
28as either at the time of the execution of the foreclosure
29reconveyance contract or at resale. If the contract states
30that the fair market value shall be determined at the time
31of resale, the fair market value shall be the resale price
32if it is sold within sixty days of the eviction or voluntary
33relinquishment of the property by the foreclosed homeowner.
34If the contract states that the fair market value shall
35be determined at the time of resale, and the resale is not
-1490-1completed within sixty days of the eviction or voluntary
2relinquishment of the property by the foreclosed homeowner, the
3fair market value shall be determined by an appraisal conducted
4within one hundred eighty days of the eviction or voluntary
5relinquishment of the property by the foreclosed homeowner
6and payment, if required, shall be made to the foreclosed
7homeowner, but the fair market value shall be recalculated as
8the resale price on resale and an additional payment amount,
9if appropriate, based on the resale price, shall be made to
10the foreclosed homeowner within fifteen days of resale, and
11a detailed accounting of the basis for the payment amount,
12or a detailed accounting of the reasons for failure to make
13additional payment, shall be made within fifteen days of
14resale, including providing written documentation of expenses.
15The accounting shall be on a form prescribed by the attorney
16general, in consultation with the superintendent of the banking
17division of the department of commerce insurance and financial
18services, without being subject to the rulemaking procedures
19of chapter 17A.
20 Sec. 2771. Section 714F.9, subsection 1, Code 2023, is
21amended to read as follows:
221. Remedies. A violation of this chapter is an unlawful
23practice pursuant to section 714.16, and all the remedies of
24section 714.16 are available for such an action. A private
25cause of action brought under this chapter by a foreclosed
26homeowner is in the public interest. A foreclosed homeowner
27may bring an action for a violation of this chapter. If
28the court finds a violation of this chapter, the court shall
29award to the foreclosed homeowner actual damages, appropriate
30equitable relief, and the costs of the action, and shall
31award reasonable fees to the foreclosed homeowner’s attorney.
32Notwithstanding any other provision of this section, an action
33shall not be brought on the basis of a violation of this
34chapter except by a foreclosed homeowner against whom the
35violation was committed or by the attorney general. This
-1491-1limitation does not apply to administrative action by the
2superintendent of the banking division of the department of
3commerce insurance and financial services.
4 Sec. 2772. REPEAL. Section 524.202, Code 2023, is repealed.
5DIVISION XVI
6DEPARTMENT OF CORRECTIONS — JUDICIAL DISTRICT DEPARTMENTS OF
7CORRECTIONAL SERVICES AND COMMUNITY-BASED CORRECTIONAL PROGRAMS
8 Sec. 2773. Section 7E.5, subsection 1, paragraph n, Code
92023, is amended to read as follows:
10n. The department of corrections, created in section
11904.102, which has primary responsibility for corrections
12administration, corrections institutions, prison industries,
13judicial district departments of correctional services and
14the development, funding, and monitoring of community-based
15corrections programs.
16 Sec. 2774. Section 8D.2, subsection 5, paragraph a, Code
172023, is amended to read as follows:
18a. “Public agency” means a state agency, an institution
19under the control of the board of regents, the judicial
20branch as provided in section 8D.13, subsection 14, a school
21corporation, a city library, a county library as provided in
22chapter 336, or a judicial district department of correctional
23services established in section 905.2, to the extent provided
24in section 8D.13, subsection 12, an agency of the federal
25government, or a United States post office which receives a
26federal grant for pilot and demonstration projects.
27 Sec. 2775. Section 80D.1, subsection 1, Code 2023, is
28amended to read as follows:
291. The governing body of a city, a county, the state
30of Iowa, or a judicial district department of correctional
31services the Iowa department of corrections may provide, either
32separately or collectively through a chapter 28E agreement, for
33the establishment of a force of reserve peace officers, and may
34limit the size of the reserve force. In the case of the state,
35the department of public safety shall act as the governing
-1492-1body.
2 Sec. 2776. Section 80D.6, subsection 1, Code 2023, is
3amended to read as follows:
41. Reserve peace officers shall serve as peace officers
5on the orders and at the discretion of the chief of police,
6sheriff, commissioner of public safety or the commissioner’s
7designee, or director of the judicial district department of
8correctional services Iowa department of corrections or the
9director’s designee, as the case may be.
10 Sec. 2777. Section 80D.7, Code 2023, is amended to read as
11follows:
1280D.7 Carrying weapons.
13A member of a reserve force shall not carry a weapon in
14the line of duty until the member has been approved by the
15governing body and certified by the Iowa law enforcement
16academy council to carry weapons. After approval and
17certification, a reserve peace officer may carry a weapon in
18the line of duty only when authorized by the chief of police,
19sheriff, commissioner of public safety or the commissioner’s
20designee, or director of the judicial district department of
21correctional services Iowa department of corrections or the
22director’s designee, as the case may be.
23 Sec. 2778. Section 80D.9, Code 2023, is amended to read as
24follows:
2580D.9 Supervision of reserve peace officers.
261. Reserve peace officers shall be subordinate to regular
27peace officers, shall not serve as peace officers unless
28under the direction of regular peace officers, and shall
29wear a uniform prescribed by the chief of police, sheriff,
30commissioner of public safety, or director of the judicial
31district department of correctional services Iowa department of
32corrections unless that superior officer designates alternate
33apparel for use when engaged in assignments involving special
34investigation, civil process, court duties, jail duties, and
35the handling of mental patients. The reserve peace officer
-1493-1shall not wear an insignia of rank.
22. Each department for which a reserve force is established
3shall appoint a certified peace officer as the reserve force
4coordinating and supervising officer. A reserve peace
5officer force established in a judicial district department of
6correctional services by the Iowa department of corrections
7 must be directly supervised by a certified peace officer who is
8on duty. That certified peace officer shall report directly
9to the chief of police, sheriff, commissioner of public safety
10or the commissioner’s designee, or director of the judicial
11district department of correctional services Iowa department of
12corrections or the director’s designee, as the case may be.
13 Sec. 2779. Section 80D.11, Code 2023, is amended to read as
14follows:
1580D.11 Employee — pay.
16While performing official duties, each reserve peace officer
17shall be considered an employee of the governing body which the
18officer represents and shall be paid a minimum of one dollar
19per year. The governing body of a city, a county, the state,
20or a judicial district department of correctional services the
21Iowa department of corrections may provide additional monetary
22assistance for the purchase and maintenance of uniforms and
23equipment used by reserve peace officers.
24 Sec. 2780. Section 97B.49B, subsection 1, paragraph e,
25subparagraph (14), Code 2023, is amended to read as follows:
26(14) An employee of a judicial district the Iowa department
27of correctional services corrections whose condition of
28employment requires the employee to be certified by the Iowa
29law enforcement academy and who is required to perform the
30duties of a parole officer as provided in section 906.2.
31 Sec. 2781. Section 97B.49B, subsection 3, paragraph f, Code
322023, is amended by striking the paragraph.
33 Sec. 2782. Section 331.211, subsection 1, Code 2023, is
34amended to read as follows:
351. The board, at its first meeting in each year, shall:
-1494- 1a. Organize by choosing choose one of its members as
2chairperson who shall preside at all of its meetings during the
3year. The board may also select a vice chairperson who shall
4serve during the absence of the chairperson.
5b. Choose one of its members to be a member of the board of
6directors of the judicial district department of correctional
7services as provided in section 905.3, subsection 1, paragraph
8“a”, subparagraph (1).
9 Sec. 2783. Section 331.321, subsection 1, paragraph x, Code
102023, is amended by striking the paragraph.
11 Sec. 2784. Section 904.108, subsection 1, paragraph l, Code
122023, is amended to read as follows:
13l. Adopt rules, policies, and procedures, subject to
14the approval of the board, pertaining to community-based
15correctional programs, and the supervision of parole and work
16release.
17 Sec. 2785. NEW SECTION. 904.301A Appointment of directors.
18The director shall appoint, subject to the approval of the
19board, a director for each judicial district department of
20correctional services established in section 905.2.
21 Sec. 2786. Section 905.1, Code 2023, is amended to read as
22follows:
23905.1 Definitions.
24As used in this chapter, unless the context otherwise
25requires:
261. “Administrative agent” means the county selected by the
27district board to perform accounting, budgeting, personnel,
28facilities management, insurance, payroll and other supportive
29services on the behalf of the district board, or the district
30department itself, if so designated by the district board.
312. 1. “Community-based correctional program” means
32correctional programs and services, under the direction of a
33director and the Iowa department of corrections, including
34but not limited to an intermediate criminal sanctions program
35in accordance with the corrections continuum in section
-1495-1901B.1, designed to supervise and assist individuals who
2are charged with or have been convicted of a felony, an
3aggravated misdemeanor or a serious misdemeanor, or who
4are on probation or parole in lieu of or as a result of a
5sentence of incarceration imposed upon conviction of any
6of these offenses, or who are contracted to the district
7department for supervision and housing while on work release.
8A community-based correctional program shall be designed by a
9district department, under the direction and control of the
10Iowa department of corrections, in a manner that provides
11services in a manner free of disparities based upon an
12individual’s race or ethnic origin.
133. 2. “Director” means the director of a judicial district
14department of correctional services, appointed by the director
15of the Iowa department of corrections, and employed by the Iowa
16department of corrections.
174. 3. “District advisory board” means the advisory board
18of directors of a judicial district department of correctional
19services.
205. 4. “District department” means a judicial district
21department of correctional services, under the direction and
22control of the Iowa department of corrections, established as
23required by section 905.2.
246. “Project” means a locally functioning part of a
25community-based correctional program, officed and operating in
26a physical location separate from the offices of the district
27department.
287. “Project advisory committee” means a committee of no more
29than seven persons which shall act in an advisory capacity to
30the director on matters pertaining to the planning, operation,
31and other pertinent functions of each project in the judicial
32district. The members of the project advisory committee for
33each project shall be initially appointed by the director
34from among the general public. Not more than one half of the
35project advisory committee shall hold public office or public
-1496-1employment during membership on the committee. A person who
2holds public office as a county supervisor and serves on the
3board of directors under section 905.3 shall not be a member of
4a project advisory committee under this section. The terms of
5the initial members of the project advisory committee shall be
6staggered to permit the terms of just over half of the members
7to expire in two years and those of the remaining members to
8expire in one year. Subsequent appointments to the project
9advisory committee shall be by vote of a majority of the whole
10project advisory committee for two-year terms.
11 Sec. 2787. Section 905.2, Code 2023, is amended to read as
12follows:
13905.2 District departments established.
141. There is established in each judicial district in this
15state a public agency to be known as the “........judicial
16district department of correctional services.” Each district
17department shall furnish or contract for those services
18necessary to provide a community-based correctional program
19which meets the needs of that judicial district requirements of
20the Iowa department of corrections.
212. The district department is under the direction of a
22board of directors the Iowa department of corrections, selected
23as provided in section 905.3, and shall be administered by a
24director employed by the board Iowa department of corrections.
25A district department is a state agency for purposes of chapter
26669.
273. All employees of a district department shall be employees
28of the Iowa department of corrections.
29 Sec. 2788. Section 905.3, Code 2023, is amended to read as
30follows:
31905.3 Board of directors — executive committee District
32advisory board — expenses reimbursed.
331. a. The board of directors of A district advisory board
34is established for each district department, which shall serve
35in an advisory capacity to a director without compensation, and
-1497-1 shall be composed as follows:
2(1) One member shall be chosen appointed annually by a
3director from and by the board of supervisors of each county
4in the judicial district and shall be so designated annually
5by the respective boards of supervisors at the organizational
6meetings held under section 331.211.
7(2) One member shall be chosen from each of the project
8advisory committees within the judicial district, which person
9shall be designated annually, no later than January 15, by and
10from the project advisory committee. However, in lieu of the
11designation of project advisory committee members as members of
12the district board, the district board may The director shall
13 on or before December 31 appoint two citizen members to serve
14on the district advisory board for the following calendar year.
15(3) A number of members equal to the number of authorized
16board members from project advisory committees or equal to the
17number of citizen members shall be appointed by the chief judge
18of the judicial district no later than January 15 of each year
19 on or before December 31 to serve on the district advisory
20board for the following calendar year.
21b. Within thirty days after the members of the district
22board have been so designated for the year, the district
23board shall organize by election of a chairperson, a vice
24chairperson, and members of the executive committee as required
25by subsection 2. The district advisory board shall meet at
26least not more often than quarterly during the calendar year
27but may meet more frequently upon the call of the chairperson
28or upon a call signed by a majority, determined by weighted
29vote computed as in subsection 4, of the members of the board.
302. Each district board shall have an executive committee
31consisting of the chairperson and vice chairperson and at
32least one but no more than five other members of the district
33board. Either the chairperson or the vice chairperson shall
34be a supervisor, and the remaining representation on the
35executive committee shall be divided as equally as possible
-1498-1among supervisor members, project advisory committee members
2or citizen members, and judicially appointed members. The
3executive committee may exercise all of the powers and
4discharge all of the duties of the district board, as
5prescribed by this chapter, except those specifically withheld
6from the executive committee by action of the district board.
73. 2. The members of the district advisory board and of
8the executive committee shall be reimbursed from funds of the
9district department for travel and other expenses necessarily
10incurred in attending meetings of those bodies, or while
11otherwise engaged on business of the district department.
124. Each member of the district board shall have one vote
13on the board. However, upon the request of any supervisory
14member, the vote on any matter before the board shall be
15taken by weighted vote. In each such case, the vote of the
16supervisor representative of the least populous county in the
17judicial district shall have a weight of one unit, and the vote
18of each of the other supervisor members shall have a weight
19which bears the same proportion to one unit as the population
20of the county that supervisor member represents bears to the
21population of the least populous county in the district. In
22the event of weighted vote, the vote of each member appointed
23from a project advisory committee or of each citizen member and
24of each judicially appointed member shall have a weight of one
25unit.
26 Sec. 2789. Section 905.4, Code 2023, is amended to read as
27follows:
28905.4 Duties of the district advisory board.
29The district advisory board shall:
301. Adopt bylaws and rules for the conduct of its own
31business and for the government of the district department’s
32community-based correctional program.
332. Employ a director having the qualifications required by
34section 905.6 to head the district department’s community-based
35correctional program and, within a range established by the
-1499-1Iowa department of corrections, fix the compensation of and
2have control over the director and the district department’s
3staff. For purposes of collective bargaining under chapter
420, employees of the district board who are not exempt from
5chapter 20 are employees of the state, and the employees of all
6of the district boards shall be included within one collective
7bargaining unit.
83. Designate one of the counties in the judicial district
9to serve as the district department’s administrative agent
10to provide, in that capacity, all accounting, personnel,
11facilities management and supportive services needed by the
12district department, on terms mutually agreeable in regard
13to advancement of funds to the county for the added expense
14it incurs as a result of being so designated. However, the
15district board may designate the district department itself as
16the district department’s administrative agent, if the district
17board determines that it would be more efficient and less
18costly than designating a county as the administrative agent.
194. File with the board of supervisors of each county in the
20district and with the Iowa department of corrections, within
21ninety days after the close of each fiscal year, a report
22covering the district board’s proceedings and a statement of
23receipts and expenditures during the preceding fiscal year.
245. 2. Arrange for, by contract or on such alternative
25basis as may be mutually acceptable, and equip Advise the
26director concerning suitable quarters at one or more sites in
27the district as may be necessary for the district department’s
28community-based correctional program, provided that the
29board shall to the greatest extent feasible utilize existing
30facilities and shall keep capital expenditures for acquisition,
31renovation and repair of facilities to a minimum. The
32district board shall not enter into lease-purchase agreements
33for the purposes of constructing, renovating, expanding, or
34otherwise improving a community-based correctional facility or
35office unless express authorization has been granted by the
-1500-1general assembly, and current funding is adequate to meet the
2lease-purchase obligation.
36. Have authority to accept property by gift, devise,
4bequest or otherwise and to sell or exchange any property
5so accepted and apply the proceeds thereof, or the property
6received in exchange therefor, to the purposes enumerated in
7subsection 5.
87. 3. Recruit, and promote, accept and use local financial
9support for the district department’s community-based
10correctional program from private sources such as community
11service funds, business, industrial and private foundations,
12voluntary agencies and other lawful sources.
138. Accept and expend state and federal funds available
14directly to the district department for all or any part of the
15cost of its community-based correctional program.
169. Arrange, by contract or on an alternative basis mutually
17acceptable, and with approval of the director of the Iowa
18department of corrections or that director’s designee for
19utilization of existing local treatment and service resources,
20including but not limited to employment, job training,
21general, special, or remedial education; psychiatric and
22marriage counseling; and alcohol and drug abuse treatment and
23counseling. It is the intent of this chapter that a district
24board shall approve the development and maintenance of such
25resources by its own staff only if the resources are otherwise
26unavailable to the district department within reasonable
27proximity to the community where these services are needed in
28connection with the community-based correctional program.
2910. Establish a project advisory committee to act in an
30advisory capacity on matters pertaining to the planning,
31operation, and other pertinent functions of each project in the
32judicial district.
3311. Have authority to establish a force of reserve peace
34officers, either separately or collectively through a chapter
3528E agreement, as provided in chapter 80D.
-1501-1 Sec. 2790. Section 905.6, Code 2023, is amended to read as
2follows:
3905.6 Duties of director.
4The director employed by the district board under section
5905.4, subsection 2, Iowa department of corrections shall be
6qualified in the administration of correctional programs. The
7director shall:
81. Perform the duties and have the responsibilities
9delegated by the district board or specified by the Iowa
10department of corrections pursuant to this chapter.
112. Manage the district department’s community-based
12correctional program, in accordance with the policies of the
13district board and the Iowa department of corrections.
143. Employ, with approval of the district board Iowa
15department of corrections, and supervise the employees of the
16district department, including reserve peace officers, if a
17force of reserve peace officers has been established.
184. Prepare all budgets and fiscal documents, and certify
19for payment all expenses and payrolls lawfully incurred by
20the district department. The director may invest funds which
21are not needed for current expenses, jointly with one or more
22cities, city utilities, counties, or rural water districts
23created under chapter 357A pursuant to a joint investment
24agreement. All investment of funds shall be subject to
25sections 12B.10 and 12B.10A and other applicable law.
265. Act as secretary to the district advisory board, prepare
27its agenda and record its proceedings. The district shall
28provide a copy of minutes from each meeting of the district
29advisory board to the legislative services agency.
306. Develop and submit to the district board Iowa department
31of corrections a plan for the establishment, implementation,
32and operation of a community-based correctional program in that
33judicial district, which program conforms to the guidelines
34drawn up by the Iowa department of corrections under this
35chapter and which conform to rules, policies, and procedures
-1502-1pertaining to the supervision of parole and work release
2adopted by the director of the Iowa department of corrections
3concerning the community-based correctional program.
47. Negotiate and, upon approval by the district board
5 Iowa department of corrections, implement contracts or other
6arrangements for utilization of local treatment and service
7resources authorized by section 905.4, subsection 9 15.
88. Administer the batterers’ treatment program for domestic
9abuse offenders required in section 708.2B.
109. Notify the board of parole, thirty days prior to release,
11of the release from a residential facility operated by the
12district department of a person serving a sentence under
13section 902.12.
1410. File with the director of the Iowa department of
15corrections, within ninety days after the close of each
16fiscal year, a report covering the district advisory board’s
17proceedings and a statement of receipts and expenditures during
18the preceding fiscal year.
1911. Arrange for, upon approval of the Iowa department of
20corrections, by contract or on such alternative basis as may
21be mutually acceptable, and equip suitable quarters at one or
22more sites in the district as may be necessary for the district
23department’s community-based correctional program, provided
24that the director shall to the greatest extent feasible utilize
25existing facilities and shall keep capital expenditures for
26acquisition, renovation, and repair of facilities to a minimum.
27The director shall not enter into lease-purchase agreements
28for the purposes of constructing, renovating, expanding, or
29otherwise improving a community-based correctional facility or
30office unless express authorization has been granted by the
31general assembly, and current funding is adequate to meet the
32lease-purchase obligation.
3312. Have authority to accept property by gift, devise,
34bequest, or otherwise, and to sell or exchange any property
35so accepted and apply the proceeds thereof, or the property
-1503-1received in exchange therefor, to the purposes enumerated in
2subsection 11.
313. Recruit, promote, accept, and use local financial
4support for the district department’s community-based
5correctional program from private sources such as community
6service funds, business, industrial and private foundations,
7voluntary agencies, and other lawful sources.
814. Accept and expend state and federal funds available
9directly to the district department for all or any part of the
10cost of its community-based correctional program.
1115. Arrange, by contract or on an alternative basis mutually
12acceptable, and with approval of the director of the Iowa
13department of corrections or that director’s designee for
14utilization of existing local treatment and service resources,
15including but not limited to employment, job training,
16general, special, or remedial education; psychiatric and
17marriage counseling; and alcohol and drug abuse treatment and
18counseling.
1916. Have authority to establish a force of reserve peace
20officers, either separately or collectively through a chapter
2128E agreement, as provided in chapter 80D.
22 Sec. 2791. Section 905.9, Code 2023, is amended to read as
23follows:
24905.9 Report of review — sanction.
25Upon completion of a review of a district community-based
26correctional program, made under section 905.8, the Iowa
27department of corrections shall submit its findings to the
28district advisory board in writing. If the Iowa department
29of corrections concludes that the district department’s
30community-based correctional program fails to meet any of the
31requirements of this chapter and of the guidelines adopted
32under section 905.7, it shall also request in writing a
33response to this finding from the district advisory board.
34If a response is not received within sixty days after the
35date of that request, or if the response is unsatisfactory,
-1504-1the Iowa department of corrections may call a public hearing
2on the matter. If after the hearing, the Iowa department
3of corrections is not satisfied that the district’s
4community-based correctional program will expeditiously be
5brought into compliance with the requirements of this chapter
6and of the guidelines adopted under section 905.7, it may
7assume responsibility for administration of the district’s
8community-based correctional program on an interim basis.
9 Sec. 2792. REPEAL. Section 905.5, Code 2023, is repealed.
10 Sec. 2793. TRANSITION PROVISIONS.
111. Any rule promulgated by a district board of a judicial
12district department of correctional services as required to
13administer and enforce the provisions of chapter 905 shall
14continue in full force and effect until amended, repealed, or
15supplemented by affirmative action of the Iowa department of
16corrections.
172. Any contract entered into by a district board of a
18judicial district department of correctional services relating
19to the provisions of chapter 905 in effect on the effective
20date of this Act shall continue in full force and effect
21pending transfer of such contract to the Iowa department of
22corrections.
233. Any moneys remaining in any account or fund under the
24control of a district board of a judicial district department
25of correctional services on the effective date of this division
26of this Act and relating to the provisions of this division of
27this Act shall be transferred to a comparable fund or account
28under the control of the Iowa department of corrections.
29Notwithstanding section 8.33, the moneys transferred in
30accordance with this subsection shall not revert to the account
31or fund from which appropriated or transferred.
32 Sec. 2794. TRANSITION — APPOINTMENT AND TERM OF DISTRICT
33BOARD MEMBERS. This division of this Act shall not affect the
34appointment or term of a member serving on a district board
35of a judicial district department of correctional services
-1505-1immediately prior to the effective date of this division of
2this Act.
3 Sec. 2795. APPLICABILITY — VIOLATION OF CONDITIONS OF
4PAROLE OR PROBATION.
51. This division of this Act shall not be construed to
6affect a district department, probation officer, or parole
7officer’s authority, having probable cause, to arrest a person
8on probation or parole that is believed to have violated the
9conditions of supervision, consistent with sections 907.2,
10907.6, 908.1, and 908.11, and any administrative rules
11promulgated thereunder.
122. This division of this Act shall not be construed to
13affect a district department’s ability to establish probation
14conditions that meet the approval of the chief judge of the
15district, consistent with section 907.6 and any administrative
16rules promulgated thereunder.
173. This division of this Act shall not be construed to
18affect the authority of the board of parole to establish and
19approve standard parole conditions.
20DIVISION XVII
21BOARD OF PAROLE
22 Sec. 2796. Section 904A.1, Code 2023, is amended to read as
23follows:
24904A.1 Board of parole — organization.
251. The board of parole is created to consist of five
26members. Each member, except the chairperson and the vice
27chairperson, shall be compensated on a day-to-day basis shall
28be appointed by the governor subject to confirmation by the
29senate. Each member shall serve a term of four years beginning
30and ending as provided by section 69.19, except for members
31appointed to fill vacancies who shall serve for the balance
32of the unexpired term. The terms shall be staggered. The
33chairperson and vice chairperson All members of the board shall
34be full-time, salaried members of the board. A majority of the
35members of the board constitutes a quorum to transact business.
-1506- 12. The governor shall appoint a member of the board as
2the chairperson of the board, subject to confirmation by the
3senate. The appointment as chairperson shall serve at the
4pleasure of the governor.
5 Sec. 2797. Section 904A.6, Code 2023, is amended to read as
6follows:
7904A.6 Salaries and expenses.
8Each member, except the chairperson and the vice
9chairperson, of the board shall be paid per diem as determined
10by the general assembly. The chairperson and vice chairperson
11 of the board shall be paid a salary as determined by the
12general assembly. Each member of the board and all employees
13are entitled to receive, in addition to their per diem or
14 salary, their necessary maintenance and travel expenses while
15engaged in official business.
16 Sec. 2798. REPEAL. Sections 904A.2A and 904A.3, Code 2023,
17are repealed.
18 Sec. 2799. TRANSITION — APPOINTMENT AND TERM OF BOARD OF
19PAROLE MEMBERS. This division of this Act shall not affect the
20appointment or term of a member serving on the board of parole
21immediately prior to the effective date of this division of
22this Act.
23DIVISION XVIII
24SALARIES OF APPOINTED STATE OFFICERS
25 Sec. 2800. APPOINTED STATE OFFICERS — SALARY RANGES.
261. Unless otherwise provided by law, the governor shall
27establish a salary for nonelected persons appointed by the
28governor within the executive branch of state government.
29In establishing a salary for a person holding a position
30enumerated in subsection 3 within the range provided, the
31governor may consider, among other items, the experience of
32the person in the position, changes in the duties of the
33position, the incumbent’s performance of assigned duties,
34and subordinates’ salaries. However, the attorney general
35shall establish the salary of the consumer advocate, the
-1507-1chief justice of the supreme court shall establish the salary
2of the state court administrator, the ethics and campaign
3disclosure board shall establish the salary of the executive
4director, the Iowa public information board shall establish
5the salary of the executive director, the board of regents
6shall establish the salary of the executive director, and the
7Iowa public broadcasting board shall establish the salary of
8the administrator of the public broadcasting division of the
9department of education, each within the salary range provided
10in subsection 3.
112. A person whose salary is established pursuant to this
12section and who is a full-time, year-round employee of the
13state shall not receive any other remuneration from the state
14or from any other source for the performance of that person’s
15duties unless the additional remuneration is first approved by
16the governor or authorized by law. However, this subsection
17does not apply to reimbursement for necessary travel and
18expenses incurred in the performance of duties or fringe
19benefits normally provided to employees of the state.
203. a. The following annual salary ranges for appointed
21state officers are effective for the positions specified in
22this subsection for the fiscal year beginning July 1, 2023,
23effective for the pay period beginning June 23, 2023, and
24for subsequent fiscal years until otherwise provided by the
25general assembly. The governor or other person designated
26in subsection 1 shall determine the salary to be paid to the
27person indicated at a rate within the applicable salary range
28from moneys appropriated by the general assembly for that
29purpose.
30SALARY RANGE Minimum Maximum
31(1) Range 4 $ 63,690 $ 97,460
32(2) Range 5 $ 73,250 $112,070
33(3) Range 6 $ 84,240 $128,890
34(4) Range 7 $100,840 $154,300
35b. The following are range 4 positions: chairperson and
-1508-1members of the employment appeal board of the department of
2inspections, appeals, and licensing, director of the Iowa state
3civil rights commission, director of the department for the
4blind, executive director of the ethics and campaign disclosure
5board, executive director of the Iowa public information board,
6and chairperson, vice chairperson, and members of the board of
7parole.
8c. The following are range 5 positions: state public
9defender, labor commissioner, workers’ compensation
10commissioner, director of the law enforcement academy, and
11executive director of the public employment relations board.
12d. The following are range 6 positions: superintendent of
13banking, superintendent of credit unions, consumer advocate,
14and chairperson and members of the utilities board.
15e. The following are range 7 positions: administrator
16of the public broadcasting division of the department of
17education, executive director of the Iowa telecommunications
18and technology commission, executive director of the state
19board of regents, lottery administrator of the department of
20revenue, and state court administrator.
21 Sec. 2801. Section 8A.102, subsection 2, Code 2023, is
22amended to read as follows:
232. The person appointed as director shall be professionally
24qualified by education and have no less than five years’
25experience in the field of management, public or private sector
26personnel administration including the application of merit
27principles in employment, financial management, and policy
28development and implementation. The appointment shall be made
29without regard for political affiliation. The director shall
30not be a member of any local, state, or national committee
31of a political party, an officer or member of a committee in
32any partisan political club or organization, or hold or be a
33candidate for a paid elective public office. The director is
34subject to the restrictions on political activity provided
35in section 8A.416. The governor shall set the salary of the
-1509-1director within pay grade nine.
2 Sec. 2802. Section 80.2, Code 2023, is amended to read as
3follows:
480.2 Commissioner — appointment.
5The chief executive officer of the department of public
6safety is the commissioner of public safety. The governor
7shall appoint, subject to confirmation by the senate, a
8commissioner of public safety, who shall be a person of
9high moral character, of good standing in the community in
10which the commissioner lives, of recognized executive and
11administrative capacity, and who shall not be selected on the
12basis of political affiliation. The commissioner of public
13safety shall devote full time to the duties of this office; the
14commissioner shall not engage in any other trade, business, or
15profession, nor engage in any partisan or political activity.
16The commissioner shall serve at the pleasure of the governor,
17at an annual salary as fixed by the general assembly.
18 Sec. 2803. Section 84A.1, subsection 2, paragraph b, Code
192023, is amended to read as follows:
20b. The governor shall set the salary of the director
21within the applicable salary range established by the general
22assembly.
23 Sec. 2804. Section 256.10, subsection 1, Code 2023, is
24amended to read as follows:
251. The salary of the director shall be fixed by the governor
26within a range established by the general assembly.
27 Sec. 2805. Section 307.11, subsection 2, Code 2023, is
28amended to read as follows:
292. The director shall receive a salary as fixed by the
30governor within a salary range set by the general assembly.
31 Sec. 2806. Section 455A.3, Code 2023, is amended to read as
32follows:
33455A.3 Director — qualifications.
34The chief administrative officer of the department is
35the director who shall be appointed by the governor, subject
-1510-1to confirmation of the senate, and serve at the governor’s
2pleasure. The governor shall make the appointment based on
3the appointee’s training, experience, and capabilities. The
4director shall be knowledgeable in the general field of natural
5resource management and environmental protection. The salary
6of the director shall be fixed by the governor within salary
7guidelines or a range established by the general assembly.
8 Sec. 2807. EFFECTIVE DATE. This division of this Act takes
9effect June 23, 2023.
10DIVISION XIX
11BOARDS AND COMMISSIONS
12 Sec. 2808. BOARDS AND COMMISSIONS REVIEW COMMITTEE —
13REPORT.
141. A boards and commissions review committee shall be
15established to study the efficiency and effectiveness of each
16board, council, commission, committee, or other similar entity
17of the state established by the Code. The committee shall
18evaluate the extent to which the goals and objectives of those
19entities are currently being met and make recommendations for
20the continuation, elimination, consolidation, or reorganization
21of those entities as needed.
222. The committee shall consist of six voting members and
23four ex officio, nonvoting members.
24a. The voting members of the committee shall be composed of
25all of the following:
26(1) One staff member of the governor’s office, appointed by
27the governor.
28(2) The administrative rules coordinator or the
29coordinator’s designee.
30(3) The director of the department of management or the
31director’s designee.
32(4) The director of the department of inspections, appeals,
33and licensing or the director’s designee.
34(5) One assistant attorney general, appointed by the
35governor upon recommendation of the attorney general.
-1511- 1(6) One member of the public, appointed by the governor.
2b. The ex officio, nonvoting members of the committee shall
3be two state representatives, one appointed by the speaker of
4the house of representatives and one by the minority leader
5of the house of representatives, and two state senators, one
6appointed by the majority leader of the senate and one by the
7minority leader of the senate.
83. The office of the governor shall provide staffing for
9the committee. The committee may seek the expertise and
10services of individuals or entities outside of its membership
11for research, advice, consultation, support, or other needs in
12furtherance of its responsibilities.
134. The committee shall submit a report containing its
14findings and recommendations to the governor and the general
15assembly on or before September 30, 2023.
165. All departments, agencies, boards, councils,
17commissions, committees, or other similar entity of the
18state established by the Code shall cooperate fully with the
19committee in its review process.
206. This section is repealed January 1, 2024.
21DIVISION XX
22MISCELLANEOUS PROVISIONS
23 Sec. 2809. IRRECONCILABLE AMENDMENTS. If an amendment
24to a statute in this Act is irreconcilable with an amendment
25made to the same statute that is contained in division I of
26this Act that implements the transition of the department of
27human services and the department of public health into the
28department of health and human services as required in 2022
29Iowa Acts, chapter 1131, section 51, the amendment to the
30statute that is not contained in division I of this Act shall
31prevail over and shall be codified instead of the amendment
32to the same statute that is contained in division I of this
33Act that implements the transition of the department of
34human services and the department of public health into the
35department of health and human services.
-1512-1 Sec. 2810. TRANSITION PROVISIONS.
21. Administrative rules.
3a. Any rule, regulation, form, order, or directive
4promulgated by any state agency mentioned in this Act,
5including any agency abolished, merged, or altered in this Act,
6and in effect on July 1, 2023, shall continue in full force and
7effect until amended, repealed, or supplemented by affirmative
8action of the appropriate state agency under the duties and
9powers of state agencies as established in this Act and under
10the procedure established in paragraph “b”, if applicable.
11b. In regard to updating references and format in the
12Iowa administrative code in order to correspond to the
13restructuring of state government as established in this Act,
14the administrative rules coordinator and the administrative
15rules review committee, in consultation with the administrative
16code editor, shall jointly develop a schedule for the necessary
17updating of the Iowa administrative code.
182. Legal obligations.
19a. Any license or permit issued by any state agency
20mentioned in this Act, including any agency abolished, merged,
21or altered in this Act, and in effect on July 1, 2023, shall
22continue in full force and effect until expiration or renewal.
23b. Any loan, grant, or item of value awarded, or contract
24entered into, as of July 1, 2023, by any state agency mentioned
25in this Act, including any agency abolished, merged, or altered
26in this Act, shall continue in full force and effect pursuant
27to the terms of the award of such loan, grant, item of value,
28or contract.
293. Funds. Any funds in any account or fund that is
30altered in this Act, or of a state agency abolished, merged,
31or altered in this Act, shall be transferred to the comparable
32fund or account or state agency as provided by this Act.
33Notwithstanding section 8.33, moneys transferred in accordance
34with this subsection shall not revert to the account or fund
35from which appropriated or transferred.
-1513- 14. Litigation. Any administrative hearing, cause of
2action, or statute of limitation relating to a state agency
3transferred to another state agency as provided by this Act
4shall not be affected as a result of the transfer and such
5cause or statute of limitation shall apply to the successor
6state agency.
75. Boards and commissions. The holder of any position of
8membership on any board, committee, commission, or council in
9state government shall continue to hold such position until
10the end of the member’s term of office, notwithstanding any
11change in the name or organizational location of such board,
12committee, commission, or council that is made by this Act.
136. Signs and insignia. Any replacement of signs, logos,
14stationery, insignia, uniforms, and related items that is made
15due to the effect of this Act should be done as part of the
16normal replacement cycle for such items.
17 Sec. 2811. APPLICABILITY. The transition provisions in
18this division of this Act, to the extent not inconsistent with
19alternative provisions specifically provided by law or this
20Act, shall apply to this Act.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill relates to the organization, structure, and
25functions of state government. The bill is organized by
26divisions.
27DIVISION I — DEPARTMENT OF HEALTH AND HUMAN SERVICES. This
28division provides the legislative changes for the realignment
29of the department of human services (DHS) and department of
30public health (DPH) into the department of health and human
31services (HHS), as necessary, for consideration by the general
32assembly during the 2023 legislative session to implement the
33realignment effective July 1, 2023, as required by 2022 Iowa
34Acts, chapter 1131, section 51, subsection 6, paragraph “a”.
35In addition, the bill incorporates into HHS the department
-1514-1on aging (DOA), the department of human rights (DHR), early
2childhood Iowa, and the Iowa commission on volunteer services.
3The bill eliminates references to the subunit structure
4and the heads of such subunits of HHS and other agencies
5incorporated into HHS below the department level, including
6divisions, bureaus, and administrators. Some of these include
7the center for rural health and primary care, the center
8for congenital and inherited disorders, the oral health and
9delivery systems bureau, the division of tobacco use prevention
10and control, the division for records and statistics, the
11bureau of professional licensure, the division of acute disease
12prevention and emergency response, the division of mental
13health and disability services, the administrator assigned to
14control the state mental health institutes and state resource
15centers, the administrator of mental health and disability
16services, the division to which the director of DHS had
17assigned responsibility for income and service programs, the
18administrator of the child support recovery unit, and the
19division of adult, children, and family services. Instead,
20the references are changed so that HHS, the director of HHS,
21or a designee is responsible for these functions. The bill
22authorizes the director of HHS to organize HHS into subunits as
23necessary to most efficiently carry out the responsibilities
24of HHS.
25The bill restructures the membership of boards, commissions,
26and other entities to avoid duplicative representation by more
27than one person representing HHS following the incorporation of
28other agencies and units of government into HHS.
29The bill changes current Code references to “child support
30recovery unit” to “child support services” and the reference to
31“foster care recovery unit” to “foster care services”.
32The bill changes current Code references to “substance
33abuse”, “drug abuse”, and similar terms, to “substance use
34disorder”.
35The bill designates “record check evaluation system” to
-1515-1refer to the process used by HHS to perform child and dependent
2adult abuse record checks and to evaluate criminal history and
3abuse records.
4The bill changes current Code references to “food stamps” to
5“supplemental nutrition assistance program”.
6The bill eliminates the state board of health and replaces
7the board with the council on health and human services, but
8retains local boards of health and local health departments.
9The bill amends the membership of the HHS council to expand
10voting membership from seven to nine members, and requires
11that at least one of these members is a physician licensed to
12practice medicine in Iowa.
13Through incorporation of DHR into HHS, the bill eliminates
14the division of community advocacy and services, the division
15of community action agencies, and the division of criminal and
16juvenile justice planning, and assigns the functions of these
17former divisions to HHS while retaining the underlying offices,
18commissions, councils, and the human rights board.
19The bill eliminates current Code references to “service
20area” and “service area manager” for the delivery of services,
21but retains references to county offices and advisory boards.
22The bill moves the Code provision establishing the child
23abuse prevention advisory committee from a general provision
24under Code chapter 217 (DHS) to a new provision under Code
25chapter 235A (child abuse).
26The bill changes current Code references to the “hawk-i”
27program and related terms to the “Hawki” program and related
28terms to reflect current program branding.
29The bill also moves the function of the Iowa child death
30review team from the office of the state medical examiner
31to HHS; establishes the Iowa domestic abuse death review
32team under HHS rather than as an independent agency of
33state government; eliminates the reference to Iowa Medicaid
34enterprise and assigns those functions to the Medicaid program;
35moves the responsibility for regulation of consumable hemp to
-1516-1HHS from the department of inspections and appeals (DIA); and
2moves the creation of the child advocacy board from DIA to HHS.
3The bill updates or eliminates outdated Code provisions.
4The bill repeals Code chapter 136 (state board of health)
5and incorporates the functions of the board of health into the
6council on health and human services.
7The bill repeals Code sections 135.2 (appointment of
8director and acting director) under the former DPH; 135.3
9(disqualifications) relating to the former director of DPH;
10135.6 (assistants and employees) relating to the former
11DPH; 135.7 (bonds) relating to bond requirements for certain
12employees of the former DPH; 135.8 (seal) relating to the
13official seal of DPH; 135.9 (expenses) relating to travel
14expenses for employees of the former DPH; 135.10 (office)
15relating to the location of the former DPH at the seat of
16government; 216A.2 (appointment of department director,
17deputy director, and administrators — duties) relating to
18appointments for the former DHR; 217.7 (administration of
19divisions); 217.9 (additional duties); 217.10 (administrator
20of division of mental health and disability services);
21217.15 (administrator of division of administration)
22relating to the administrator position under the former DHS;
23217.16 (cooperation with other divisions) relating to the
24administrator of the division of administration with others
25under the former DHS; 217.17 (administrator of division of
26planning) relating to the administrator under the former
27DHS; 218.19 (districts) relating to the administrator of
28institutions having control of an institution under control
29of the former DHS; 218.20 (place of commitments — transfers)
30relating to commitments by district under the former DHS;
31218.40 (services required) relating to services required to be
32rendered by residents of institutions; 218.53 (dealers may file
33addresses) relating to the provision of contact information
34for those desiring to provide services to institutions;
35218.54 (samples preserved) relating to the retention of
-1517-1when purchases made by sample at institutions; 222.6 (state
2districts) relating to districts for resource centers; 227.19
3(administrator defined) relating to the administrator in
4control of mental health institutes under the former DHS;
5231.22 (director — assistant director) relating to the
6director and assistant director of former DOA; and 234.2
7(division created) relating to the division of child and family
8services under the former DHS.
9The bill repeals 2022 Iowa Acts, chapter 1098, sections 68
10and 92, relating to a future amendment to Code section 232.142
11relating to juvenile detention homes which would have moved
12administration fully to DHR and the provision making section 68
13effective July 1, 2023.
14DIVISION II — DEPARTMENT OF ADMINISTRATIVE SERVICES.
15 This division transfers the library services duties of the
16department of education, the state archivist and duties related
17to state records and archives, and most of the historical
18division of the department of cultural affairs to the
19department of administrative services. The bill also provides
20that the department of administrative services shall undertake
21responsibilities under Code chapter 305B, concerning museum
22property, currently provided by the department of cultural
23affairs.
24LIBRARY SERVICES. Code sections 256.50 to 256.73,
25concerning the library services duties of the department of
26education, are transferred to the department of administrative
27services in Code chapter 8A. The bill eliminates the library
28services division of the department of education and transfers
29duties and responsibilities of the division to the department
30of administrative services. The state librarian is transferred
31to the department of administrative services and the bill
32further provides that the state librarian shall be appointed by
33the director of the department of administrative services and
34not by the state commission of libraries. The state commission
35of libraries is also transferred to the department of
-1518-1administrative services and the bill replaces the director of
2the department of education with the director of the department
3of administrative services as a member of the commission. The
4bill retains the rulemaking authority of the commission as it
5relates to library services.
6STATE RECORDS AND ARCHIVES. Code chapter 305, the state
7records and archives Act, is transferred to Code chapter 8A.
8 The bill transfers the duties currently performed by the
9department of cultural affairs under that Code chapter to the
10department of administrative services. The bill also strikes
11the director of the department of cultural affairs as a member
12of the state records commission. The bill also provides that
13the director of the department of administrative services,
14and not the administrator of the historical division of the
15department of cultural affairs, shall serve as an ex officio
16member of the Iowa historical records advisory board.
17HISTORICAL RESOURCES. The bill transfers most of the
18duties of the historical division of the department of
19cultural affairs and the administrator of that division to
20the department of administrative services and the director of
21the department of administrative services under Code chapter
228A. Duties of the historical division described in Code
23section 303.2 are generally transferred to the department of
24administrative services. The historic preservation officer,
25as well as related duties concerning historic properties and
26historic preservation activities, is not transferred to the
27department of administrative services. References to the
28historical division and to the state historical society as an
29agency of the state are eliminated and those responsibilities
30are transferred to the department of administrative services.
31The bill specifically defines the state historical society as
32a membership organization of the department of administrative
33services and retains those duties and responsibilities
34currently assigned to the state historical society as a
35membership organization with the state historical society.
-1519-1Current references to the state historical society as a
2state agency are changed to department of administrative
3services. The bill transfers the Iowa heritage fund and the
4historical resource development program to the department of
5administrative services.
6The bill provides that those duties currently assigned to
7the department of cultural affairs under Code chapter 305B,
8concerning museum property, are assigned to the department of
9administrative services.
10Finally, the bill also provides that control of the battle
11flag restoration fund, created in 2012 Iowa Acts, chapter 1136,
12shall be assigned to the department of administrative services
13and not the department of cultural affairs.
14DIVISION III — DEPARTMENT OF INSPECTIONS, APPEALS, AND
15LICENSING. This division of the bill renames the department of
16inspections and appeals (DIA) the department of inspections,
17appeals, and licensing (DIAL), and modifies the organizational
18structure and duties of the renamed department.
19ORGANIZATION — GENERAL PROVISIONS. Code section 7E.5,
20listing the principal departments of state government, is
21amended to reflect the change of DIA to DIAL and to reflect
22that the duties of the department include licensing, and laws
23related to employment safety, labor standards, and workers’
24compensation.
25Code chapter 10A, governing the department, is amended to
26reflect the expanded duties of the department as provided in
27the bill. The organizational structure of the department is
28amended to eliminate the investigations and health facilities
29division of the department and to add a labor services and
30workers’ compensation division.
31Code section 10A.104, providing for the powers and duties
32of the director of DIAL, is amended to reflect the transfer of
33duties to the director in the bill. The bill also provides for
34a teleconference option for boards and commissions under the
35purview of DIAL relating to health-related professions.
-1520- 1LABOR SERVICES. The bill transfers the labor services
2division and labor commissioner, currently under the department
3of workforce development, to DIAL, including duties of the
4division and commissioner.
5The bill provides that the labor commissioner shall
6serve at the pleasure of the governor and not for a six-year
7term. The bill also provides that current duties of the
8labor commissioner under Code chapter 87, governing workers’
9compensation, Code chapter 88, governing occupational,
10safety, and health, and Code chapter 89B, concerning
11hazardous chemicals risks, are retained as duties of the labor
12commissioner under DIAL. All other current labor-related
13duties of the labor commissioner, except for duties under
14Code section 73A.21 and Code chapter 94A, are transferred to
15DIAL and the director of DIAL, and not retained by the labor
16commissioner. The bill transfers the duties of the labor
17commissioner under Code section 73A.21 concerning bidder
18preferences to the department of administrative services.
19WORKERS’ COMPENSATION. The bill transfers the workers’
20compensation services division and workers’ compensation
21commissioner, including duties of the division and
22commissioner, currently under the department of workforce
23development, to DIAL. The bill further provides that the
24workers’ compensation commissioner shall serve at the pleasure
25of the governor and not for a six-year term.
26LICENSING AND REGULATION ACTIVITIES. The division transfers
27several licensing and regulation functions of state government
28to DIAL. The licensing and regulation of certain fire control
29and building code-related activities are transferred from the
30state fire marshal and the commissioner of public safety to
31DIAL. The licensing and regulation of certain health-related
32professions and other health-related activities are generally
33transferred from the department of public health to DIAL.
34 Finally, the licensing and regulation of certain business
35and commerce-related professions are transferred from the
-1521-1department of commerce and the professional licensing and
2regulation bureau of the banking division of the department of
3commerce to DIAL.
4Concerning fire control duties, the bill transfers several
5duties currently performed by the state fire marshal to
6DIAL and the DIAL director. Specifically, those duties of
7the state fire marshal unrelated to arson investigations
8provided in Code chapter 100 are transferred to DIAL. In
9addition, duties and responsibilities of the state fire
10marshal and department of public safety under Code chapter 100C
11concerning fire extinguishing and alarm systems contractors
12and installers, Code chapter 100D concerning fire protection
13system installation and maintenance, Code chapter 101
14concerning combustible and flammable liquids and liquefied
15gases, Code chapter 101A concerning explosive materials, and
16Code chapter 101B concerning cigarette fire safety standards,
17are transferred to DIAL and the DIAL director. Also, state
18fire marshal duties related to school infrastructure, health
19care facilities, motor fuel facilities and dispensers, elder
20group homes, assisted living programs, adult day services,
21child foster care and child care facilities, children’s
22residential facilities, board of regents, school child care
23program facilities, fireworks, and department of corrections
24institutions, are transferred to DIAL and the director of
25DIAL. Finally, Code section 12.83, providing for allocation
26of certain school infrastructure fund moneys, is amended to
27transfer the allocation to DIAL.
28Concerning state building code duties, the bill provides
29that the DIAL director, and not the commissioner of public
30safety, is the state building code commissioner and is
31responsible for those duties performed by the state building
32code commissioner. In addition, duties and responsibilities
33of the state fire marshal and department of public safety
34under Code chapter 103 concerning electricians and electrical
35contractors, are transferred to DIAL and the director of DIAL.
-1522-1Finally, the duties and responsibilities of the department of
2public health and the state fire marshal under Code chapter 105
3concerning plumbers, mechanical professionals, and contractors,
4are transferred to DIAL and the director of DIAL.
5Concerning health-related professions and other
6related duties, the bill generally transfers licensing and
7board-related duties currently under the jurisdiction of
8the department of public health to DIAL and the director of
9DIAL. The bill provides that the boards and laws relative to
10“Health-related Professions”, Title IV, subtitle 3, of the
11Code, excluding Code chapter 147, are transferred from the
12department of public health to DIAL. The bill eliminates
13the professional licensure division of the department of
14public health and provides that the DIAL director, and not
15the director of public health, shall appoint and supervise a
16full-time executive director for the board of medicine, the
17board of nursing, the dental board, and the board of pharmacy.
18Current responsibilities of the department of public health
19relating to tattooing, natural hair braiding, lead abatement,
20pools, backflow prevention, tanning facilities, and migrant
21labor camps are also transferred to DIAL and the DIAL director.
22Concerning the licensing and regulation of certain business
23and commerce-related professions, the bill eliminates the
24professional licensing and regulation bureau of the banking
25division of the department of commerce and transfers duties
26of the bureau as well as other department of commerce duties
27to DIAL and the DIAL director. Specifically, duties and
28responsibilities of the department of commerce and bureau
29under Code chapter 542B concerning professional engineers
30and land surveyors, Code chapter 534B concerning real estate
31brokers and salespersons, Code chapter 543D concerning real
32estate appraisals and appraisers, Code chapter 543E concerning
33real estate appraisal management companies, Code chapter 544A
34concerning licensed architects, Code chapter 544B concerning
35landscape architects, and Code chapter 544C concerning
-1523-1registered interior designers, are transferred to DIAL and
2the DIAL director. Code section 546.10, concerning the
3professional licensing and regulation bureau, is amended and
4transferred to Code chapter 10A governing DIAL.
5ADMINISTRATIVE LAW JUDGES. The division provides that
6administrative law judges utilized for purposes of unemployment
7security, the civil rights commission, the department of
8education, special education, and board of educational
9examiners shall be administrative law judges employed by the
10division of administrative hearings of DIAL under Code chapter
1110A.
12CIVIL RIGHTS COMMISSION. The division provides that the
13Iowa state civil rights commission shall be created within
14DIAL.
15CONFORMING CHANGES. The division amends the Code as
16necessary to conform to the changes provided in the division
17relative to changing the name and duties of the renamed DIAL.
18DIVISION IV — DEPARTMENT OF JUSTICE. This division of
19the bill relates to the department of justice. The bill
20eliminates the position of general counsel of the department
21of transportation and directs the attorney general to provide
22legal services for the department of transportation. The bill
23strikes a provision making certain employees of the department
24of justice and administrative law judges appointed or employed
25by the public employment relations board subject to the merit
26system.
27The bill allows the attorney general to prosecute a criminal
28proceeding without first receiving a request from a county
29attorney to act as a county attorney. The bill requires the
30attorney general to submit a report by January 15 of each year
31detailing all money settlement awards and court money awards
32that were awarded to the state of Iowa in the previous year.
33The bill changes the title of the first assistant attorney
34general to “chief deputy attorney general”. The bill repeals
35Code sections allowing the attorney general to appoint
-1524-1assistant attorneys general to perform and supervise the legal
2work of the department of revenue and the division of child
3and family services of the department of human services. The
4bill allows the attorney general to charge state governmental
5entities for the cost of performing legal services and to
6require state governmental entities to provide office space for
7an assistant attorney general or other staff providing legal
8services exclusively for that entity. The bill changes the
9circumstances under which an entity of the state may employ
10private legal counsel.
11The bill grants the attorney general exclusive jurisdiction
12to prosecute election-related crimes.
13The bill exempts all employees of the department of justice
14from Code chapter 20 (public employment relations (collective
15bargaining)). Currently, nonsupervisory employees of the
16consumer advocate division who are employed primarily for the
17purpose of performing technical analysis of nonlegal issues are
18not exempt.
19The bill eliminates the position of special assistant
20attorney general for claims and transfers the duties of the
21position to the attorney general.
22The bill strikes a provision requiring the department of
23public safety to employ an assistant attorney general.
24The bill changes certain provisions for the appointment
25and removal of the consumer advocate by the attorney general,
26including by striking a requirement that the consumer advocate
27be an attorney. The bill also provides that the attorney
28general, and not the consumer advocate, may employ attorneys
29and other employees necessary to discharge the duties of the
30consumer advocate division.
31The division takes effect upon enactment.
32DIVISION V — ECONOMIC DEVELOPMENT AUTHORITY. This division
33of the bill concerns the duties and responsibilities of
34the economic development authority and the director of the
35authority.
-1525- 1CULTURAL AFFAIRS. The division of the bill transfers
2the responsibilities of the department of cultural affairs,
3including the arts division and the film office, to the
4economic development authority (authority). The division
5eliminates the department of cultural affairs and all related
6internal organizational structure under the department. The
7division makes conforming changes to Code sections 7E.5,
88A.412, 306D.2, 321.252, 404A.1, 404A.3, 404A.6, 423.3, 427.16,
9465A.2, 465B.2, and 465B.3.
10STATE HISTORIC PRESERVATION OFFICER. The division of the
11bill transfers the state historic preservation officer (SHPO),
12and all related duties of the SHPO, under the authority.
13IOWA FINANCE AUTHORITY. The division of the bill codifies
14that the director of the authority shall also serve as the
15director of the Iowa finance authority. The bill also provides
16that the director of the economic development authority shall
17serve at the pleasure of the governor and not for a four-year
18term.
19DIVISION VI — ECONOMIC DEVELOPMENT AUTHORITY — PARTNER
20STATE PROGRAM. This division of the bill codifies the partner
21state program and puts the program under the authority.
22The division takes effect upon enactment and includes an
23applicability provision relating to sister state agreements
24entered into before the effective date of the division.
25DIVISION VII — PUBLIC EMPLOYMENT RELATIONS BOARD. This
26division relates to the public employment relations board
27(PERB).
28The bill strikes language providing that when the governor
29selects members of the PERB, consideration shall be given
30to their knowledge, ability, and experience in the field
31of labor-management relations. The bill strikes language
32providing that members of the PERB shall devote full time to
33their duties. The bill additionally requires the PERB to meet
34at least quarterly and modifies language pertaining to the
35compensation of PERB members and employees.
-1526- 1The bill provides for an executive director of the PERB
2appointed by and serving at the pleasure of the governor
3and subject to confirmation by the senate. In selecting
4the executive director, consideration shall be given to the
5person’s knowledge, ability, and experience in the field of
6labor-management relations. The governor shall set the salary
7of the executive director within the applicable salary range
8established by the general assembly. The bill authorizes
9the PERB to delegate its powers and duties to the executive
10director or persons employed by the PERB, as appropriate.
11The bill provides that in a petition for judicial review of
12a decision of the PERB in a contested case under Code chapter
1320, the opposing party shall be named the respondent, and the
14PERB shall not be named as a respondent, notwithstanding Code
15chapter 17A, the Iowa administrative procedure Act. The bill
16provides that judicial review of agency action by the PERB
17under Code chapter 20 is not subject to Code chapter 17A. The
18bill additionally strikes language providing that the powers
19and duties of the PERB include preparing legal briefs and
20presenting oral arguments in court cases affecting the PERB.
21DIVISION VIII — DEPARTMENT OF HOMELAND SECURITY AND
22EMERGENCY MANAGEMENT. Under current law, the department
23of human services administers the disaster aid individual
24assistance grant fund and the disaster case management grant
25fund. The bill provides that the department of homeland
26security and emergency management shall administer the funds.
27The name of the disaster case management grant fund is changed
28to the disaster case advocacy grant fund.
29The bill also provides that the director of the department of
30homeland security and emergency management shall be subject to
31confirmation by the senate and shall serve at the pleasure of
32the governor.
33The bill makes conforming Code changes.
34DIVISION IX — DEPARTMENT OF VETERANS AFFAIRS. This
35division relates to the administration of veterans services and
-1527-1the transfer of responsibility for such services.
2The division requires the department of veterans affairs
3(IVA) to reimburse the auditor of state for audits and
4examinations the auditor of state conducts relating to the Iowa
5veterans home.
6The division combines the duties of the IVA director and
7the Iowa veterans home commandant into a single position
8and changes the title of the head of IVA from director to
9commandant.
10The division replaces the commission’s authority to
11supervise the commandant’s administration of operations and
12conduct of the Iowa veterans home with the authority to review
13and approve applications for distributions of moneys from the
14veterans license fee fund and the veterans trust fund.
15The division makes several conforming Code changes.
16DIVISION X — OFFICE OF DRUG CONTROL POLICY. Current law
17provides that the governor’s office of drug control policy
18shall be an independent office, located at the same location
19as the department of public safety. Administrative support
20services may be provided to the governor’s office of drug
21control policy by the department of public safety.
22The division provides that the office of drug control policy
23is established in the department of public safety. A drug
24policy director shall be appointed by the commissioner of the
25department of public safety, and the director shall direct the
26office of drug control policy.
27DIVISION XI — DEPARTMENT OF WORKFORCE DEVELOPMENT. This
28division modifies duties and responsibilities of the department
29of workforce development and includes transition provisions.
30The bill makes conforming changes to Code section 84A.5 to
31reflect the programs and responsibilities acquired by workforce
32development.
33The bill transfers administration of the statewide
34work-based learning intermediary network program under Code
35section 256.40 from the department of education to workforce
-1528-1development.
2The bill requires workforce development, rather than the
3authority, to coordinate and review the industrial new jobs
4training program under Code chapter 260E.
5The bill transfers jobs training under Code chapter 260F
6from the authority to workforce development.
7The bill transfers the workforce development fund program
8from the authority to workforce development.
9The bill transfers the accelerated career education program
10under Code chapter 260G from the authority to workforce
11development.
12The bill transfers the older American community service
13employment program from the department on aging to workforce
14development.
15The bill transfers vocational rehabilitation under Code
16chapter 259 from the department of education to workforce
17development.
18The bill transfers the apprenticeship training program under
19Code chapter 15B from the authority to workforce development.
20The bill transfers the future ready Iowa registered
21apprenticeship development program under Code section 15C.1
22from the authority to workforce development.
23The bill transfers the future ready Iowa expanded registered
24apprenticeship opportunities program under Code section 15C.2
25from the authority to workforce development.
26The bill transfers employment agencies under Code chapter
2794A from the labor commissioner to workforce development.
28The bill transfers responsibility for reports and records
29under Code section 91.12 from the division of labor services to
30workforce development.
31The bill requires workforce development, rather than the
32department of education, and community colleges to implement
33adult education and literacy programs. The department
34of education and community colleges are still required to
35implement adult education under Code section 260C.50.
-1529- 1DIVISION XII — DEPARTMENT OF REVENUE. This division of the
2bill transfers the Iowa lottery authority and the duties of the
3alcoholic beverages division of the department of commerce to
4the department of revenue.
5IOWA LOTTERY. The division eliminates the Iowa lottery
6authority and transfers authority for operating the Iowa
7lottery to an Iowa lottery division within the department
8of revenue. The position of chief executive officer of the
9lottery authority is replaced by a lottery administrator,
10with modified duties. The bill allocates responsibility for
11operating the Iowa lottery between the division, the lottery
12administrator, the department of revenue, the director of the
13department of revenue, and the lottery board.
14The bill provides for a lottery administrator, instead of
15a chief executive officer, who shall direct the day-to-day
16operations of the lottery as specified by the department of
17revenue and director. The lottery administrator shall be
18appointed by the governor, confirmed by the senate, and shall
19serve at the pleasure of the governor. Under current law, the
20chief executive officer is appointed by the governor for a
21four-year term and shall only be removed from office for cause.
22Compensation of the lottery administrator shall be set by the
23governor.
24The duties of the board of directors of the Iowa lottery as
25specified in Code section 99G.9 are modified by the bill by
26eliminating the authority of the board to approve the budget
27for the Iowa lottery.
28Code section 99G.10, concerning personnel of the Iowa
29lottery, is amended. The power of the chief executive
30officer to designate particular employees as key personnel
31and to determine the number of full-time equivalent positions
32necessary to carry out the provisions of Code chapter 99G is
33eliminated. The bill also eliminates the ability to establish
34incentive programs for employees.
35Code section 99G.21, concerning the powers of the Iowa
-1530-1lottery authority, is amended. The bill transfers this
2authority to the department of revenue and eliminates
3provisions relating to acquiring real property, incurring debt,
4and authority to exercise all powers generally exercised by a
5private business.
6Code section 99G.37, concerning competitive bidding, is
7amended to provide that all procurement contracts shall be bid
8utilizing the services of the department of administrative
9services and competitively bid in accordance with Code chapter
108A.
11Code section 99G.40, concerning audits and reports, is
12amended. The provision requiring the chief executive officer
13to submit an informational budget for the lottery authority is
14amended. In addition, provisions governing the audit of the
15lottery authority are modified to reflect that any audit will
16be done as a part of an audit of the department of revenue.
17The division includes a transition provision governing
18the transfer of all rights and authority of the Iowa lottery
19authority to the department of revenue on July 1, 2023.
20The provision transfers lottery authority employees to the
21department of revenue and provides that the chief executive
22officer on the date of the transfer shall become the lottery
23administrator without requirement of reappointment by the
24governor. The transition provision also provides that the
25department of revenue shall take such steps as is necessary
26to effectuate the transfer of the lottery authority to the
27department.
28ALCOHOLIC BEVERAGE CONTROL. The division eliminates the
29alcoholic beverages division of the department of commerce and
30transfers authority over the duties of the alcoholic beverages
31division to the department of revenue and the director of the
32department.
33The bill eliminates the position of administrator of the
34alcoholic beverages division and transfers those duties of the
35administrator to the director of revenue.
-1531- 1CONFORMING CHANGES. Code section 7E.5, describing the
2responsibilities of the department of revenue, is amended to
3reflect the new duties of the department under the division.
4In addition, Code section 421.17, concerning the powers and
5duties of the director of revenue, is amended to reflect the
6new duties of the director under the division.
7DIVISION XIII — DEPARTMENT FOR THE BLIND. This division
8provides that the director of the department of the blind shall
9be appointed by the governor, subject to confirmation by the
10senate, and shall serve at the pleasure of the governor. The
11bill provides that the salary of the director shall be set by
12the governor within the applicable salary range established by
13the general assembly. The bill also eliminates the authority
14for the commission for the blind to appoint officers for
15the commission. The division takes effect immediately and
16authorizes the governor on or before July 1, 2023, to appoint a
17director of the department effective July 1, 2023.
18DIVISION XIV — DEPARTMENT OF EDUCATION. This division
19transfers the responsibilities of several governmental entities
20to the department of education.
21IOWA BRAILLE AND SIGHT SAVING SCHOOL AND IOWA SCHOOL FOR
22THE DEAF. Current law establishes the Iowa braille and sight
23saving school and the Iowa school for the deaf within the
24state board of regents and requires the board of regents to
25govern the operations of these schools. The bill strikes Code
26references to the Iowa braille and sight saving school and
27provides for an Iowa educational services for the blind and
28visually impaired program within the department of education.
29The bill transfers the Iowa educational services for the blind
30and visually impaired program and the Iowa school for the deaf
31from the board of regents to the department of education.
32The bill makes conforming changes. The bill establishes the
33responsibilities of the department with respect to the Iowa
34educational services for the blind and visually impaired
35program and the Iowa school for the deaf. The bill includes
-1532-1transition provisions.
2Current law prohibits the board of regents from merging
3the Iowa school for the deaf with the Iowa braille and sight
4saving school, or closing either of the schools, until certain
5requirements are met. The bill strikes provisions regarding
6the merging of the schools but retains provisions governing the
7closure of the Iowa school for the deaf.
8INNOVATION DIVISION. Current Code section 268.7 establishes
9the science, technology, engineering, and mathematics
10collaborative initiative (STEM initiative) at the university of
11northern Iowa. The bill creates the innovation division of the
12department of education and transfers the STEM initiative from
13the university of northern Iowa to the innovation division.
14The bill provides that the chief administrative officer of
15the innovation division is the administrator, who is appointed
16by the director of the department. The bill establishes the
17responsibilities of the administrator and the innovation
18division.
19Subject to an appropriation of moneys, the bill requires
20the innovation division to administer six regional science,
21technology, engineering, and mathematics networks for Iowa.
22Oversight for these networks is provided by a regional advisory
23board, the members of which are appointed by the governor.
24The bill authorizes the state board of education to adopt
25rules to administer the STEM initiative. The bill includes
26transition provisions.
27HIGHER EDUCATION DIVISION AND MISCELLANEOUS CHANGES.
28 Current Code section 256.1 establishes that the department of
29education is to act in a policymaking and advisory capacity
30and to exercise general supervision over the state system
31of education, including certain specified areas. The bill
32provides that the department is to act in a policymaking and
33advisory capacity and to exercise general supervision over
34the Iowa braille and sight saving school, Iowa school for the
35deaf, STEM initiative, college student aid commission, board of
-1533-1educational examiners, and the career and technical education
2programs offered by school districts or community colleges.
3The bill establishes the higher education division
4within the department. The bill provides that the chief
5administrative officer of the higher education division is
6the administrator, who is appointed by the director of the
7department.
8The bill establishes all of the following within the higher
9education division: the community colleges and post-secondary
10readiness bureau, the board of educational examiners, the
11college student aid commission, and the community colleges
12bureau. The bill requires the administrator of the higher
13education division to administer and coordinate all of these
14bureaus, boards, and commissions and to hire and control the
15personnel employed by the division, along with providing for
16other responsibilities.
17Current Code sections 256.7 (duties of the state board of
18education) and 256.9 (duties of the director of the department
19of education) authorize the state board of education and the
20director to exercise broad authority over the operations of
21the department, except with respect to the college student aid
22commission, the commission of libraries and division of library
23services, and the public broadcasting board and division.
24The bill modifies these Code sections to authorize the state
25board and the director to exercise broad authority over the
26operations of the department, except with respect to the higher
27education division; the bureaus, boards, and commissions within
28the higher education division; the commission of libraries and
29division of library services; and the public broadcasting board
30and division.
31COMMUNITY COLLEGES AND POST-SECONDARY READINESS BUREAU.
32 Current Code chapter 258 establishes the career and technical
33education program within the department of education. Current
34law requires the director of the department to appoint and
35direct the work of personnel as necessary to carry out Code
-1534-1chapter 258.
2The bill modifies provisions related to the career and
3technical education program to transfer the program to the
4community colleges and post-secondary readiness bureau, which
5the bill establishes within the higher education division
6of the department. The bill requires the director of the
7department to appoint the bureau chief of the community
8colleges and post-secondary readiness bureau. The bill tasks
9the bureau chief with directing the work of personnel as
10necessary to carry out the responsibilities of the career
11and technical education program. The bill makes conforming
12changes.
13The bill authorizes the state board of education to adopt
14emergency rules to implement the provisions of the division
15pertaining to the community colleges and post-secondary
16readiness bureau. The bill includes transition provisions.
17BOARD OF EDUCATIONAL EXAMINERS. Current Code chapter 272
18creates the board of educational examiners. The bill transfers
19the board to the purview of the higher education division
20of the department of education. The bill makes conforming
21changes.
22Current law provides that the governor shall appoint an
23executive director of the board, subject to confirmation by
24the senate, who shall serve at the pleasure of the governor.
25Current law also provides that the board shall set the salary
26of the executive director within the range established by
27the general assembly. The bill modifies these provisions to
28provide that the director of the department of education shall
29appoint the executive director of the board and the director
30shall set the salary of the executive director. This provision
31applies to individuals appointed as the executive director
32of the board before, on, or after the effective date of the
33division.
34The bill includes transition provisions.
35COLLEGE STUDENT AID COMMISSION. Current Code chapter 261
-1535-1creates the college student aid commission. The bill transfers
2the commission to the purview of the higher education division
3of the department of education. The bill makes conforming
4changes.
5Current law provides that the commission is an autonomous
6state agency that is attached to the department of education
7for organizational purposes only. The bill strikes this
8provision. Current law also provides that the commission shall
9determine its own organization, draw up its own bylaws, adopt
10rules under Code chapter 17A, and do such other things as may
11be necessary to carry out its responsibilities. The bill
12modifies this provision to provide that the commission may draw
13up its own bylaws, adopt rules, and do other such things as
14may be necessary to carry out its responsibilities under the
15authority of the higher education division of the department.
16The bill provides that the director of the department
17of education shall appoint an executive director of the
18commission. The bill requires the director to set the
19salary of the executive director. This provision applies
20to individuals appointed as the executive director of the
21commission before, on, or after the effective date of the
22division.
23The bill includes transition provisions.
24COMMUNITY COLLEGES BUREAU. Current law establishes a
25community colleges division within the department of education.
26Current law requires the community college division to exercise
27the powers conferred upon the department with respect to
28community colleges. The bill modifies these provisions to
29transfer the responsibility to govern certain aspects of
30community colleges to the community colleges bureau, which the
31bill establishes within the higher education division of the
32department.
33The bill requires the director of the department of
34education to appoint the bureau chief of the community colleges
35bureau. The bill tasks the bureau chief with directing the
-1536-1work of personnel as necessary to carry out Code chapter 260C
2(community colleges). The bill makes conforming changes.
3DIVISION XV — COMMERCE. This division concerns the current
4organization of the department of commerce. The division
5renames the department and modifies provisions relating to the
6office of the consumer advocate, the Iowa utilities board, and
7the renamed department.
8CONSUMER ADVOCATE. The bill provides that the office of
9the consumer advocate shall be administratively supported by
10the utilities board. Current law provides that administrative
11support services are provided by the department of commerce.
12IOWA UTILITIES BOARD. The bill provides that the utilities
13division of the department of commerce shall be removed as
14a division of the department and function as a stand-alone
15board. The utilities board shall continue to participate in
16the commerce revolving fund.
17DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES. The bill
18provides that the department of commerce shall be renamed
19the department of insurance and financial services. The
20department shall contain the insurance division, the banking
21division, and the credit division. The bill provides that the
22insurance commissioner shall be the director of the department
23of insurance and financial services. The superintendent of
24banking and superintendent of credit unions shall report to
25the insurance commissioner. The bill also provides that the
26department of commerce revolving fund shall be renamed the
27commerce revolving fund.
28The bill provides that the superintendent of banking
29and the superintendent of credit unions shall serve at the
30pleasure of the governor and not for a four-year term. The
31bill also eliminates the provision that the superintendent of
32credit unions can only be removed from office by the governor
33for cause. Finally, the bill provides that the salary of
34the insurance commissioner, superintendent of banking, and
35superintendent of credit unions shall be set by the governor.
-1537- 1The bill updates law enforcement authority under Code
2section 507E.8 to reflect the insurance commissioner’s
3responsibility to enforce laws under Code chapters 502,
4502A, 507A, 523A, 523C, 523D, and 523I, which is also the
5responsibility of the insurance commissioner.
6DIVISION XVI — DEPARTMENT OF CORRECTIONS — JUDICIAL
7DISTRICT DEPARTMENTS OF CORRECTIONAL SERVICES AND
8COMMUNITY-BASED CORRECTIONAL PROGRAMS. Current law provides
9that a judicial district of correctional services shall be
10established in each judicial district of the state which shall
11provide a community-based correctional program. Each judicial
12district of correctional services has a board of directors
13which employs a director for the district.
14The bill provides that all employees of a judicial district
15department of correctional services shall be employees of
16the department of corrections, and that the director of
17the department of corrections shall appoint, subject to the
18approval of the board of corrections, a director for each
19judicial district department of correctional services.
20The bill amends current law by providing that a district
21board of a judicial district department of correctional
22services shall be a district advisory board. Duties which were
23formerly those of the district board are transferred to the
24director.
25The bill makes conforming Code changes and includes
26transition and applicability provisions.
27DIVISION XVII — BOARD OF PAROLE. Current law provides
28that only the chairperson of the board of parole are salaried
29and full-time employees. The three additional board members
30and three alternate board members are compensated on a per
31diem basis and are part-time employees. The bill eliminates
32the three alternate board members, and provides that all five
33members of the board shall be full-time, salaried employees.
34The bill provides that the governor shall appoint a
35chairperson and vice chairperson from the membership of the
-1538-1board who shall serve at the pleasure of the governor subject
2to senate confirmation.
3The bill includes transition provisions for the current
4board membership.
5DIVISION XVIII — SALARIES OF APPOINTED STATE OFFICERS.
6 The general assembly periodically establishes salary ranges
7for certain appointed state officers and authorizes a person
8(generally the governor) to establish the salaries of those
9officers within the ranges provided. These noncodified
10provisions remain operative until the general assembly
11subsequently passes new salary ranges. The general assembly
12last passed such provisions in 2008.
13Under the bill, the salary amounts set forth for ranges 4
14through 7 remain the same as those passed in 2008. Ranges 2
15and 3 no longer apply to any positions and are eliminated. The
16chairperson and members of the employment appeal board are
17moved from range 3 to range 4, the executive director of the
18public employment relations board is added to range 5, and the
19lottery administrator of the department of revenue is added to
20range 7.
21The following positions included in the 2008 salary ranges
22(as amended) are not included in the bill’s salary ranges,
23either because the position no longer exists under the bill
24or because the salary of the position is to be set without
25a salary range limitation: (range 2) administrator of the
26arts division of the department of cultural affairs, (range 3)
27administrator of the division of criminal and juvenile justice
28planning of the department of human rights, administrator of
29the division of community action agencies of the department of
30human rights, (range 4) director of the department of human
31rights, members of the public employment relations board,
32(range 5) director of the department of homeland security and
33emergency management, drug policy coordinator, director of the
34department of cultural affairs, director of the department
35on aging, executive director of the department of veterans
-1539-1affairs, executive director of the college student aid
2commission, administrator of the historical division of the
3department of cultural affairs, (range 6) administrator of the
4alcoholic beverages division of the department of commerce,
5director of the department of inspections and appeals,
6commandant of the Iowa veterans home, commissioner of public
7safety, commissioner of insurance, executive director of the
8Iowa finance authority, director of the department of natural
9resources, (range 7) director of the department of corrections,
10director of the department of education, director of human
11services, director of the economic development authority,
12director of transportation, director of the department of
13workforce development, director of revenue, director of public
14health, director of the department of management, and director
15of the department of administrative services.
16The bill makes corresponding Code changes. This division
17takes effect June 23, 2023.
18DIVISION XIX — BOARDS AND COMMISSIONS. This division
19establishes a boards and commissions review committee to study
20the efficiency and effectiveness of each board, council,
21commission, committee, or other similar entity of the state
22established by the Code. The committee shall consist of six
23voting members and four ex officio, nonvoting members. The
24voting members of the committee shall be composed of one staff
25member of the governor’s office, appointed by the governor,
26the administrative rules coordinator or the coordinator’s
27designee, the director of the department of management or
28the director’s designee, the director of the department of
29inspections, appeals, and licensing or the director’s designee,
30one assistant attorney general, appointed by the governor upon
31recommendation of the attorney general, and one member of the
32public, appointed by the governor. The ex officio, nonvoting
33members of the committee shall be two state representatives and
34two state senators. The bill provides that the office of the
35governor shall provide staffing for the committee. Finally,
-1540-1the bill provides that the committee shall submit a report
2containing its findings and recommendations to the governor and
3the general assembly on or before September 30, 2023.
4DIVISION XX — MISCELLANEOUS PROVISIONS. This division
5includes a provision relating to irreconcilable amendments as
6well as transition provisions.
7The bill provides that if an amendment contained in division
8I of the bill concerning the department of health and human
9services is irreconcilable to an amendment that is made in the
10remainder of the bill, the amendment in the remainder of the
11bill, and not in division I, shall prevail.
12The bill also includes a transition provision concerning
13administrative rules, legal obligations, funds, litigation,
14boards and commissions, and signs and insignia. The bill
15provides that the transition provision in the division of the
16bill applies to the entirety of the bill to the extent that the
17transition provisions in the division are not inconsistent with
18alternative provisions specifically provided by law or in other
19divisions of the bill.
-1541-ec/jh